Sunpiper Press
Dear Forum,
I have attempted all day long to straighten out the false accusations made by Preditors and Editors about Sunpiper Literary. I am posting the accusations made by Mr. Kuminski of P&E (Mr. K) and the responses given to him by Sunpiper (Mr. D). Read the statements and make your own decision. I stand behind every word. All I want is the truth to be known. No more, no less.
Thank you
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Mr K.:
I would rather not find your company to be a scam. I tried to inform you gently that some of your company's activities are too similar to scams that have taken place so that you would know why P&E considers those as grounds for not recommending your agency.
Mr. D:
I would well like you to note that you included the word SIMILAR, meaning you have no proof and it is your opinion. Point taken to me, hopefully, point taken for you.
Mr. K:
Out of the hundreds of agencies, there are only two or three with publishing arms. They also consider those as separate businesses, but new writers can't distinguish the difference. Because of that, P&E doesn't make a distinction, either. One, in particular, even states that their publishing arm will not accept work from their agency in order to avoid any appearance of conflict. Consequently, P&E doesn't give them its "not recommended" rating.
Mr. D:
Furthermore, I would like for you to understand that people who REQUEST (mind you, they aren't solicited. There were several that contacted you about their submissions to Sunpiper Press and they knew full well why they were submitting) to be published are INDEPENDENT PUBLISHERS who do not belong to publishing houses. The Sunpiper Press submission guidelines state that they should not send in work that they think might need protection. I don't tell them to copyright it first then send it in, I TELL THEM NOT TO SEND IT IN IF IT CAN BE SOLD. You speak about appearance---again, NOT FACT.
Mr. K:
Additionally, I tried to get you to distinguish whether the publication you operate is meant to be a catalogue or a regular publication. I also tried to get you to answer whether the authors, in particular those not represented by Sunpiper, who were published by it received any compensation. Like it or not, authors are entitled to something for their work when you use it not just once, but twice by including some of it in an anthology to be sold. The first instance when it's done for promotional purposes to benefit them is not a bad idea or action, but selling it in an anthology later is unless they're compensated since that falls under second printing rights.
Mr. D:
As I stated before, NO ONE IS COMPENSATED BY SUNPIPER PRESS TO POST AN ARTICLE. I don't charge them, they don't charge me. The anthology (again, you assume facts not in evidence) is regarding the essay contests where--I clearly stated, that there would be two annual awards of $500 given to winners and every essay used, the submitter would get a free copy of the book as compensation. No other work printed on Sunpiper Press will be in any kind of anthology--again, you assume or rely on "APPEARANCE"--not facts.
Mr. K:
I also tried to point out that you have some conflicting information in what's listed on your website and what you've stated to me in your emails. You list one individual on the website as an editor yet you state you send out work to be edited at your expense. If you mean that you send work to that in-house editor at your expense, then that's all I needed to know in your email. Your email that I'm now responding to definitely lays to rest that issue as a source.
Mr. D:
In-house, out-house. If I acquire an author and think the work needs editing, I am entitled to use whomever I choose as long as I'm paying the bill. Wouldn't you think? Ok, that was sarcastic and unprofessional--I apologize. I think that had actually put that concern to rest so I should have left it alone. Please forgive me--this hurt me really bad in the beginning but I'm beginning to have a little fun with it.
Mr. K.:
By the way, because you listed them as staff on your website, they're considered in-house regardless of their locations. Also, I do not comment on who, if anyone, shared complaints with P&E because we do not divulge journalistic resources.
Mr. D:
This is true and I will state for the record YOU DID NOT divulge anyone, nor have I asked you to. I think we can be professional and agree on this. But again, just for the record, am I required to uphold a contract with someone where there isn't one? I've spent 10 years in the legal profession, Mr. Kuminski. If I tell people submitting to Sunpiper Press, "Sunpiper Press is a non-paying market. I promise to give you a byline if I post. I'm not going to try and sell your work." What obligations does that put upon me? NONE However, if I have a signed contract (which again, was taken directly from the National Writer's Union website) and everyone that has one signed with my signature on it says that I have followed everything within that contract and NOT ONE OF THEM HAVE SPENT A DIME OF THEIR OWN MONEY, where are you getting your facts? Again, I can only relate to your words of "similar" and "appearance"---but your listings are not based on facts--HARD FACTS. You've got to admit that now----come on? Right? Right? No? Oh well--I still think so and I think my clients will think so too.
Mr. K.:
As to copyright, it is considered standard within the industry for the publication to obtain copyright for each issue, not the author. Beyond that, Federal law changed in 1989 so that registration is no longer required for copyright protections to apply to one's written work. Formal registration is necessary only when seeking damages in court. In other words, copyright protection is considered automatic now in the US for most writings save a few exceptions which you can find listed on the website of the US Copyright office. Having the author apply for copyright for excerpts and short stories that are published in your publication effectively puts the expense on them for protecting your publication. And as far as books, a registered copyright on a manuscript, in order to print an excerpt, will drive away many publishers from considering a submission for reasons I outlined before.
Mr. D:
Please quote to me whom I've told to get a copyright? Again, on the Sunpiper Press submission guidelines I express NOT TO SEND ANYTHING THAT IS NOT PROTECTED OR COPYRIGHTED. I do not want to give away free what can be sold. People who submit excepts from their novels already have a copyright. THEY ARE INDEPENDENTLY PUBLISHED THEREFORE THEY ARE NOT SEEKINNG PUBLISHERS SO WHY DO THEY CARE IF THEY DRIVE THEM AWAY? Most of them are frustrated with the beauacracy within the publishing industry is the specific reason why they go independently. I have NEVER asked anyone to copyright their work, just to make sure they submit something they are not trying to sell and the stuff that they sell is protected.
Mr. K.:
I do apologize for not giving you the full answer initially when you first contacted me. However, I had to review your site and my notes to make certain that I gave you a full answer and did so when I found there was more than one reason. Beyond all this, I do not apologize for P&E taking a strict and narrow viewpoint using its criteria. When your website was previously reviewed and rated, it presented several obvious conflicts of interest based upon P&E's criteria which were developed based upon what successful agencies did and what scams did instead.
Mr. D.:
When my site was PREVIOUSLY (I'm guessing that means when you were still neutral because I remember you had it stated that you had no information that Sunpiper charged for their editing services---I might also add that if that was the issue, you stated above that I had eased your concern--but I still get a negative connotation) reviewed and rated, it presented several obvious conflicts of interest----this is your statement. My question to you, Mr. Kuminski, is, "How many times did you contact me to respond to any of those "obvious conflicts". I can tell you how many, NONE. But someone mentions something (unfounded), it was like the Bat signal being flashed into the night sky, being the thorough Watchdog company, you labeled me in a negative connotation and THEN I have to contact you to get any answers. Is this good business? Are you giving people good information from fact or just "Dave's opinion"? You NEVER ASKED ME--I had to come to you.
Mr. K.:
If you do not want a "not recommended" for your site from P&E, then I suggest you not mention "editing" as one of your featured services as that gives a wrong impression. You can always discuss the need for editing with authors you want to represent and let them know it will be free, though why you'd want to offer that is beyond me since it's an expensive proposition and offers no guarantees that a publisher will find the work you represent to be any better.
Mr. D.:
You question why I want to offer my clients editing services---and I'm paying for it? It is an expensive proposition and offers no guarantees that a publisher will find the work you represent to be any better.........hmmmmm. Have you ever read un-edited work? As my website states, I'm more interested in developing TALENT, not droids. How can you make this statement and at the same time imply that your service is for the little guy? Oh, did I mention that Robert Denson III of Sunpiper Literary & Consulting pays for the editing? I want to slide that in, just in case I haven't said that. There are young people out there that want to be heard and there are beauracrats that don't want to listen (I'm not saying any names)
Mr. K.:
Another action you can take is to stop recommending that authors register their copyrights. It's not necessary and it's counterproductive to what you and they are trying to accomplish in gaining an acceptance with a legitimate royalty-paying book publisher.
Mr. D.:
For the umpteenth time, I am not telling people to copyright their work---however, I do copyright drafts of manuscripts for some authors that might come up with an original idea and storyline (original idea--what a concept). That is just in case someone tries to STEAL that original idea. If a publisher picks up a manuscript and runs it after they have done all of their changes, the only one with legal standing to refute a copyright is.....the author. And why would they do such if a publishing company is signing a contract? And if they sign over the contracts, they give the publisher rights to publish it. Mr. Kuminski, do you have auto insurance? If you do, it is obviously because you have a wreck every day. Why else would YOU take out insurance if you don't need it?
Mr. K.:
Lastly, decide whether you want to produce a catalogue or a regular publication. A catalogue is not a conflict of interest, but a regular publication is. Not only that, but a regular publication uses up print rights, as does an anthology. I suggest you limit it to your represented authors and use it as a catalogue for publishers to view even though many are reluctant to cruise the Internet seeking manuscripts since most, if not all, are flooded with submissions. Basically, what I'm trying to say here is this method has been tried several times over the last eight years. Only one site that I know of has ever managed to make any sales to legitimate publishers in that way. So far, I believe they've made only three in the last four years, though that number could now be higher. You'll have to decide what to do with the anthology idea. Though it sounds noble, it's basically a losing proposition for your agency since most anthologies do not sell well, particularly when all the authors are not well known or do not include any notable names that the public would seek out. Couple that with the obligation you want to take on of sponsoring a contest for young writers with large monetary prizes and it becomes another huge expense on you.
Mr. D.:
You suggest I limit to represented authors (even though its whole intention was to help all authors and readers)---"The idea has been tried many times over the last eight years. Only one site has ever managed to make any sales to legitimate publishers in that way." Again, didn't I say that Sunpiper Press did not make money. It is a spotlight and showcase for EXPOSURE. That is it. No one is going to buy anything off the site---except Independent publishers that place excerpts of their books for people to see and get interest. Then, people will buy their book and Sunpiper gets......Sunpiper gets........ummmm.....I'm not getting any revenue on that--only the author. Then you state "Though it sounds noble, it's basically a losing propositin for your agency since most anthologies do not sell well, particularly when all the authors are not well known................." Mr. Kuminski, that statement is the very reason why new writers don't get an opportunity. NO ONE WANTS TO GIVE THEM A CHANCE. "....sponsoring a contest for young writers with large monetary prizes and it becomes another huge expense for you." Mr. Kuminski---MY GOD---Mr. Kuminski--that is what it is all about. Giving back and giving hope---and you frown upon this--saying I'm shady. I only wished someone would have been willing to listen to me when I was young. How can you be the Watchdog for new writers when you are discouraging me from HELPING OTHERS?
Mr. K.:
While you may be following guidelines from P&E, there is still an appearance based upon what's on your website that speaks otherwise. I really think you should review your site. Perhaps you will see how it can be interpreted differently. As I stated above, I'm not looking to label you or anyone as a scam, but P&E follows its rating criteria very strictly. Mind you, there are some very large, legitimate, professional agencies that are also not recommended by P&E because they have operations that P&E considers out of line with its criteria. We don't make exceptions for anyone. If a business within the writing industry wants a positive recommendation from P&E, they have to live up to our criteria. Therefore, if the wording gives a wrong impression, we can only judge by what we can view and not by the intentions that we can't see within the person.
Mr. D.:
Dave, I'm sure by now that you are aggrevated with me. Good reason---I was very sarcastic. Tis my personality. Some find it cute BUT MOST DON'T. Through all of my sarcasm, I still believe that you are doing something good. Don't ever stop. To learn on yesterday that you gave me that listing was DEVASTATING to the least. It shook the foundation of my company and some of my writers. I was first angry with you---but I wanted to be professional and present my side---that didnt' work. Some of my authors were uproared and myself, constantly being in the legal field theorized a lawsuit. For you to set criteria for certain listings on your site, list all the negative activity, then label someone that is an indirect accusation of unethical and unlawful behavior. There are laws against that, Mr. Kuminski. It's called libel and you are responsible if you cannot PROVE your claim....and I know that you can't. I even wanted to suggest that you just remove Sunpiper's name ALTOGETHER from your site and let people investigate through my clients----but I don't think any of that matters to you. I knew, when I began, that I would be an oddball in this business because I did not THINK like editors and publishers. My methods may have been tried and failed by others, but my success and reward comes from making a difference and helping change people's lives---not from the amount of money I make. I am a black man born and raised in Birmingham, Alabama---the HEART of Dixie, believe me, this is not the first time I've been black-balled (excuse the pun). But I will make a difference, Mr. Kuminski. I will change lives. Sunpiper will succeed in its goal. Check back with me in 5 years---you are going to be surprised. I'm out to make a difference---the money will come afterwards.
All smart alec comments aside, Dave (if I can still call you that), I did not mean my statements in a hateful manner. My sarcasm is a way of having fun but I was not trying to have it at your expense--and if I did, I apologize. Thank you for the advice, thank you for the scrutiny and thank you for making this a learning experience for me. You keep doing what you do. I think a little different about Preditors and Editors as I did before, but hey---you think a bit different about me--so I guess we are even. You made the statement earlier that you thought I used this as a "promotional tool" and my thought, at the time, was that was furthest from the truth---but you know what? What I have stated to you today is what Robert Denson III and Sunpiper Literary & Consulting stands for and if people don't like that stance---they shouldn't work with me. They have that choice, but I won't change who I am to appease them. I have more character than that---------SO, IT'S JUST ME AGAINST THE WORLD. A rebel WITH a wonderful cause.
I'm not going to keep bothering you. Again I thank you.
Much Respect
Robert Denson III