Could I have handled things more maturely? Probably. But I'm beyond caring at this point. Here are the emails between me and "Darcy" from PA:
Darcy,
I wrote 2-3 months ago requesting contract termination and received
the form-letter reply. I want the rights to my book back and I don't
want my name associated with PublishAmerica. I will not make a
50-book order to terminate the contract, as it feels like paying a
ransom. I have no intention of ordering another copy of my book, nor
do I encourage others to purchase this title or promote the book in
any way.
Please terminate my contract, as the continuation of my contract
through its term will be in no way profitable for PublishAmerica but
early termination will grant me peace of mind. Had I known in 2004
what I know now, I would have never signed a contract with
PublishAmerica in the first place.
Thanks for your time and I look forward to your reply.
Matt Murphy
Dear Mr. Murphy,
In that case, your contract remains in effect, as we have preferred all
along.
Also, please note that you transferred your literary rights to PA so that it
could sell your book for a profit. By dissuading others from purchasing the
book, however, you are actively interfering with PA's ability to exercise
those rights. Your conduct amounts to a breach of the covenant of good
faith and fair dealing implied into every contract.
Thank you,
Darcy
[email protected]
Darcy,
Finally!!! A personal response! Darcy, either you have a way with words or I'm just overwhelmed with joy because I didn't get a form-letter response this time.
PublishAmerica...
...increased the cover price of books
...began charging $3.99 shipping for each book even on multiple orders
...failed to send my final review copies before selling and sending my book to customers
...called itself a traditional publisher when the industry considers the publisher an abomination to the written word
...repeatedly failed to capitalize on web traffic I generated by having a poorly-maintained website that often would not load its home page and more often would not open my book's page
...and continued its rich tradition of scamming authors.
I'd say that amounts to a breach of the covenant of good faith and fair dealing. There are thousands of other authors who agree (see: Absolute Write Water Cooler).
To clarify, "dissuade" means to persuade a person or persons against taking a certain course of action. As stated in my previous email: "I have no intention of ordering another copy of my book, nor do I encourage others to purchase this title or promote the book in any way." I stated that I do not encourage others to purchase this title, not that I discourage them. Dissuasion requires action and I stated a lack of action. I'm no Philip Dolan, but I am attentive to detail most of the time. Just thought you'd like that clarified, so save your legal jargon for somebody who might be intimidated by it.
Had I known that a successful author would tell me to never mention the fact that I published with your company during a writing discussion because it's better to be self-published than to be a vanity-published scam victim, I would not have signed the contract.
Had your company accepted Atlanta Nights in 2003 instead of 2004, I would not have signed the contract.
Had I known of your company's no-return policy that turned off every bookseller who did not receive a specific request from a customer, I would not have signed the contract.
I have a child who will one day develop his own opinion of the life I've led and the choices I've made. This is something I consider every time I look into the mirror. The PublishAmerica staff must be a poorly groomed bunch, as it's hard to imagine a whole office full of people who feed their children by earning scam money being able to look into the mirror before leaving for work. It's no surprise that some hack author figured out a way to scam other authors and started his own publishing company, but what does surprise and disturb me is that there are people out there willing to be accessories to the crime. And every one of them--yes, even you, Darcy--is a bad person for taking part in it. If you had any regard for the overall good in this world you would stop reading here and begin typing your resignation. Better yet, don't bother giving a notice. It's not like you'd have a chance at working for an honest publisher (though I'd probably pay the 50-book ransom to be a fly on the wall during that interview). Having PublishAmerica in your employment history is marginally more honorable than having worked in the coffin-recycling business.
The hell with my book. You can keep it for two more years. Enjoy. It's a decent read if you're into an under-edited memoir of a man who accomplished more before he turned 24 years old than you or the swine in the cubicle beside yours will in your lifetimes. Take notes. Imitate. I can't promise that it will make your parents regret their Pro-Life stance any less but it should keep you occupied while you drink away the sorrows of a meaningless life one box of red wine at a time.
May your next diarrhea discovery come with a sneeze.
Pleasantries,
Matt Murphy
I published through PA because I did not do my homework on PA before signing with them, because my work may not have been good enough to be published by a traditional publisher, and because I was too lazy to make a real effort at being published by a real publisher.
In hindsight, I had a ready-made audience and the best-case scenario would have been self-publishing. I think that's often the best way to go for people who are regularly in front of large groups of potential customers, especially for non-fiction work.
If I hope to be published traditionally, I have to master the craft and make my work so good that they can't say no.
Darcy,
I wrote 2-3 months ago requesting contract termination and received
the form-letter reply. I want the rights to my book back and I don't
want my name associated with PublishAmerica. I will not make a
50-book order to terminate the contract, as it feels like paying a
ransom. I have no intention of ordering another copy of my book, nor
do I encourage others to purchase this title or promote the book in
any way.
Please terminate my contract, as the continuation of my contract
through its term will be in no way profitable for PublishAmerica but
early termination will grant me peace of mind. Had I known in 2004
what I know now, I would have never signed a contract with
PublishAmerica in the first place.
Thanks for your time and I look forward to your reply.
Matt Murphy
Dear Mr. Murphy,
In that case, your contract remains in effect, as we have preferred all
along.
Also, please note that you transferred your literary rights to PA so that it
could sell your book for a profit. By dissuading others from purchasing the
book, however, you are actively interfering with PA's ability to exercise
those rights. Your conduct amounts to a breach of the covenant of good
faith and fair dealing implied into every contract.
Thank you,
Darcy
[email protected]
Darcy,
Finally!!! A personal response! Darcy, either you have a way with words or I'm just overwhelmed with joy because I didn't get a form-letter response this time.
PublishAmerica...
...increased the cover price of books
...began charging $3.99 shipping for each book even on multiple orders
...failed to send my final review copies before selling and sending my book to customers
...called itself a traditional publisher when the industry considers the publisher an abomination to the written word
...repeatedly failed to capitalize on web traffic I generated by having a poorly-maintained website that often would not load its home page and more often would not open my book's page
...and continued its rich tradition of scamming authors.
I'd say that amounts to a breach of the covenant of good faith and fair dealing. There are thousands of other authors who agree (see: Absolute Write Water Cooler).
To clarify, "dissuade" means to persuade a person or persons against taking a certain course of action. As stated in my previous email: "I have no intention of ordering another copy of my book, nor do I encourage others to purchase this title or promote the book in any way." I stated that I do not encourage others to purchase this title, not that I discourage them. Dissuasion requires action and I stated a lack of action. I'm no Philip Dolan, but I am attentive to detail most of the time. Just thought you'd like that clarified, so save your legal jargon for somebody who might be intimidated by it.
Had I known that a successful author would tell me to never mention the fact that I published with your company during a writing discussion because it's better to be self-published than to be a vanity-published scam victim, I would not have signed the contract.
Had your company accepted Atlanta Nights in 2003 instead of 2004, I would not have signed the contract.
Had I known of your company's no-return policy that turned off every bookseller who did not receive a specific request from a customer, I would not have signed the contract.
I have a child who will one day develop his own opinion of the life I've led and the choices I've made. This is something I consider every time I look into the mirror. The PublishAmerica staff must be a poorly groomed bunch, as it's hard to imagine a whole office full of people who feed their children by earning scam money being able to look into the mirror before leaving for work. It's no surprise that some hack author figured out a way to scam other authors and started his own publishing company, but what does surprise and disturb me is that there are people out there willing to be accessories to the crime. And every one of them--yes, even you, Darcy--is a bad person for taking part in it. If you had any regard for the overall good in this world you would stop reading here and begin typing your resignation. Better yet, don't bother giving a notice. It's not like you'd have a chance at working for an honest publisher (though I'd probably pay the 50-book ransom to be a fly on the wall during that interview). Having PublishAmerica in your employment history is marginally more honorable than having worked in the coffin-recycling business.
The hell with my book. You can keep it for two more years. Enjoy. It's a decent read if you're into an under-edited memoir of a man who accomplished more before he turned 24 years old than you or the swine in the cubicle beside yours will in your lifetimes. Take notes. Imitate. I can't promise that it will make your parents regret their Pro-Life stance any less but it should keep you occupied while you drink away the sorrows of a meaningless life one box of red wine at a time.
May your next diarrhea discovery come with a sneeze.
Pleasantries,
Matt Murphy
I published through PA because I did not do my homework on PA before signing with them, because my work may not have been good enough to be published by a traditional publisher, and because I was too lazy to make a real effort at being published by a real publisher.
In hindsight, I had a ready-made audience and the best-case scenario would have been self-publishing. I think that's often the best way to go for people who are regularly in front of large groups of potential customers, especially for non-fiction work.
If I hope to be published traditionally, I have to master the craft and make my work so good that they can't say no.
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