Tico Publishing

[ticopublishing]

No slamming. Pure information exchange. I'm not an attorney either, nor am I an agent. But I have been in this business for a while.

I normally wouldn't respond to threads, however, I believe that by being honest and transparent, TICO can clear up some items that have lead people to believe or get the impression that we are not what we say we are - namely, a small independant publisher, that truly isn't out to scam anyone and is only interested in identifying new authors and publishing books.

I also get the impression, that although this thread has not been kind to TICO, and that I understand WHY people have came to the conclusions they have and/or gotten the impressions that they have, that most of the members of this forum ARE open-minded and fair and will listen to our comments in that spirit.

With that being said, as soon as we realized that our reputation was being questioned because of the "services" we were providing - namely review and editorial - that we immediately discontinued these services.

I'd be happy to answer any questions you have and, if I can't, provide a reason why.

Arnold Tijerina

 

[James D. Macdonald]

Wonderful!

Would you, or any Tico author, care to post your boilerplate grant of rights?

(The reason I picked those particular clauses, BTW, is that those are where most of the major questions arise in any publishing contracts.)

 

[ticopublishing]

Wonderful!

Would you, or any Tico author, care to post your boilerplate grant of rights?

(The reason I picked those particular clauses, BTW, is that those are where most of the major questions arise in any publishing contracts.)

I am aware, through this thread and through contact with this forum's moderator, Victoria Strauss, that copies of the contract have been distributed to some members of this forum. I had no problem with that considering that I did not distribute them. I also didn't have any problem with any TICO author sharing the contents of the contract as TICO Publishing's stance is that we have nothing to hide.

Sure, I'd "prefer" that TICO author's not disclose their contractual agreements and obligations to TICO with others (just as any employer does not wish its employees discussing salaries amongst each other), but I can't stop them from doing so. I can say that not all of our contracts with our authors are exactly the same. The contract, as has been discussed with Mrs. Strauss, is a standard publishing contract that we adopted and modified to fit our needs. I have even supplied Mrs. Strauss with the information on WHERE the contract came from (unmodified).

I'm also aware that a TICO author has posted to this thread. If she'd like to grant permission to discuss "her" contract with TICO as well as permit full disclosure of our relationship (TICO and her), then I'd be happy to discuss it.

As for your question, I don't really understand what you mean by "boilerplate grant of rights".

Arnold Tijerina

 

[James D. Macdonald]

Okay -- are you familiar at all with the term "boilerplate"?

I'm asking, essentially, what is in the contract you first send to any author, before any negotiation takes place. Your standard contract.

 

[ticopublishing]

Okay -- are you familiar at all with the term "boilerplate"?

I'm asking, essentially, what is in the contract you first send to any author, before any negotiation takes place. Your standard contract.

I was under the impression you already HAD a copy of our contract (through your posts on this thread). If that's the case, you pretty much have all the information you're asking for. If it was given to you (as it appears) by one of our authors, then you have an accurate representation of our contract.

Arnold Tijerina

 

[James D. Macdonald]

Yes, I already have one or more copies of the contract. For the very reasons that you outlined, I'm loath to post extracts. I'm not a party to them. That's why I'm asking you, or the author(s) involved, to post.

 

[ticopublishing]

Yes, I already have one or more copies of the contract. For the very reasons that you outlined, I'm loath to post extracts. I'm not a party to them. That's why I'm asking you, or the author(s) involved, to post.

I cannot comment on any author's contract for confidentiality reasons. If the author that provided you with the contract will grant me permission to discuss her relationship with TICO in full disclosure, I'd be happy to discuss it here.

I'm not trying to be evasive but consider the circumstance that IF you were provided with the contract given to and executed by the author that posted AND it is also true that that contract IS our standard contract, then it would be unethical of me to comment on the contract as it could be interpreted that I am indirectly commenting on that author's contract. Wouldn't you agree?

Just be advised that there are two sides to every story and I would be more than happy to discuss that author's particular circumstances with this forum given her permission.

I'd say since she sought out this forum for advice and provided some of its members with copies of her contract and, due to that fact that she claims that she has been wronged by us, that she'd be more than happy to discuss said contract publicly as well as ALL history in regards to her book and contract. Only under those conditions (full disclosure) would the whole story be able to be told.

I'd say the ball's in her court.

Arnold Tijerina

 

[Sassenach]

I'm not trying to be evasive but consider the circumstance that IF you were provided with the contract given to and executed by the author that posted AND it is also true that that contract IS our standard contract, then it would be unethical of me to comment on the contract as it could be interpreted that I am indirectly commenting on that author's contract. Wouldn't you agree?

Jim's asking for comments on Tico's standard contract. I think you're being utterly evasive.

 

[ticopublishing]

Jim's asking for comments on Tico's standard contract. I think you're being utterly evasive.

I'm sincerely NOT trying to be evasive. If I were trying to be evasive, I would never have decided to particiate in this thread that started almost a year ago. How would it attempt to clear TICO's reputation (which is my goal, obviously) by joining this thread just to be evasive?

I don't feel comfortable discussing TICO's standard contract IF that contract is also the contract involved with the author that claims wrongdoing in this thread. You must be able to respect that position.

Now if OTHER people would like to discuss TICO's contract that was NOT provided by TICO but by a third-party or one of TICO's authors, than I cannot stop that.

Am I not being subtle enough?

Arnold Tijerina

 

[Popeyesays]

Many publishers post their standard contract on their website.
"Boilerplate" means the legalese phrases that are standard (in all) of the contracts you offer.

"Boilerplate" in printing terms means things like Logos, Mastheads, page borders, background colors,etc. that are put automatically on the page.

No one is asking you to post a contract that has been negotiated and changed in its standard boilerplate, but if you are offering the same basic contract to everybody at first, then there isno confidentiality broken.

I would point out that I appreciate your honesty in all you've said so far, including your policy changes to avoid conflict of interest charges. It strikes me as very honest and aboveboard.

Before you SEEMED to have a conflict of interest. Now you SEEM to be evasive on the contract issue.

Perhaps you could look at the SFWA website and see what they recommend as contract language, and discuss how your contract differs in terms?

All the clauses Uncle Jim mentioned are in that model contract at the SFWA site. How yours differs from that model would be interesting and you might have contract language that could be improved just like you improved your image by halting editing and review services.

Even Denlinger Publishing posts their contract and says NO negotiation, and they make some true GRABS of rights including demanding 50% of any movie rights or options sold. That kind of explains why they have not had a blockbuster novel since Mandingo back in the 1960's.

Regards,
Scott

 

[Momento Mori]

I don't feel comfortable discussing TICO's standard contract IF that contract is also the contract involved with the author that claims wrongdoing in this thread. You must be able to respect that position.

If you have a standard form contract that you send to all authors who you make offers to, then there is nothing confidential about it. Confidentiality could only arise with respect to standard form contracts that have subsequently been the subject of negotiation.

Therefore, if the author making a complaint is complaining about your standard form, then you should be able to explain that on a forum on the basis that these are the very same terms that you're offering to everyone. In fact, it is very much in your interests to provide such an explanation given that this is the first document that you put on the table.

Similarly, if the person making a complaint is not discussing your standard form, then by producing its terms here, you are not violating their confidentiality.

Either way, there's nothing to stop you reproducing your boilerplate here.

 

[ticopublishing]

All the clauses Uncle Jim mentioned are in that model contract at the SFWA site. How yours differs from that model would be interesting and you might have contract language that could be improved just like you improved your image by halting editing and review services.

It just so happens that a copy of our current author's contract has been added to our website at www.ticopublishing.com . You can access it by visiting our "About Us" page.

Arnold Tijerina

 

[Sassenach]

It just so happens that a copy of our current author's contract has been added to our website at www.ticopublishing.com . You can access it by visiting our "About Us" page.

Talk about amazing coincidences.

 

[ticopublishing]

Talk about amazing coincidences.

I hope this is interpreted as an honest attempt at clearing TICO's reputation with the members of this community. Writer's opinions of us are certainly important to us because without author's we would be like a pizza business without pizza.

Arnold Tijerina

 

[Sassenach]

Well it was honestly snarky. Either it was just added or you were unaware of its existence on your site.

 

[Old Hack]

Without author's what?

I love serendipity. Hello, Momento Mori. Care to tell us a little about yourself? Perhaps what brought you to this board?

 

[ticopublishing]

Well it was honestly snarky. Either it was just added or you were unaware of its existence on your site.

It was just added per requests to do so. I thought that was obvious.

Are we not providing everything asked of us?

Arnold Tijerina

 

[ticopublishing]

Without author's what?

Without author's submitting manuscripts and willing to publish their books with TICO Publishing.

Arnold Tijerina

 

[Sassenach]

I have a question about your company name. Are you Costa Rican or is TICO an acronym?

 

[ticopublishing]

I have a question about your company name. Are you Costa Rican or is TICO an acronym?

TICO is an acronym for TIjerina & COmpany

Arnold Tijerina

 

[Sassenach]

OK. [Ticos/Ticas is what Costa Ricans call themselves.]

 

[MMo]

Talk about amazing coincidences.

Not especially. The man was asked for his boilerplate; he made his boilerplate available. And the problem with this is? (There may be other problems with Tico; I have no idea. What I am is, I'm just amazed that a positive resonse drew this kind of adverse comment.)

Mo

 

[Old Hack]

Without author's submitting manuscripts and willing to publish their books with TICO Publishing.

Arnold Tijerina

Tico: I was, I'll admit, being snarky. If you write "authors" then your sentence is OK. If you write "author's" then you're implying an object which your authors own. Not an action that they perform, like submitting manuscripts.

As an ex-editor I'd not be too happy working for a publisher who couldn't use apostrophes, or spell words like "independent". I'm pedantic. But isn't that why I was an editor once?

 

[Popeyesays]

Thank you for posting the contract on-line. I appreciate that.

Regards,

Scott

 

[Popeyesays]

1. The Grant and Territory

The author grants to the publisher and its licensees, for the full term of the copyright available in each country included within the territory covered by this agreement under any copyright laws now or hereafter in force within the territory with respect to a book with the tentative title noted above, the following primary and secondary rights:
-------------------------------------------------

Does this mean the contract is meant to remain in force for the author's lifetime plus (what is it these days?) 70 years?

This seems a bit extreme since you allow Print on Demand to keep the book from going out of print at all?

You then reserve pretty much all primary and secondary rights to the publisher. It seems to me this is a severe rights grab. Does it not to you?

Regards,

Scott