PublishAmerica's August 2010 Royalty Statement

Chris P

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My royalty check and statement from PA come in the mail today. I got this as a paper copy, so any transcription errors are mine:

IMPORTANT NOTICE:

In this statement, PublishAmerica has accounted for all sales proceeds of your book which it has received during the last royalty period (February 1, 2010 to July 31, 2010). This includes all sales made directly by PublishAmerica during that period because PublishAmerica is paid for those sales up front. Some sales made by retailers and online vendors are not included on this statement. Vendors often have up to 90 days or longer to pay for copies of PublishAmerica's books. To the extent PublishAmerica has not received payments for books sold by retailers and online vendors during the last royalty period, those sales are not accounted for on the enclosed statement. PublishAmerica will include royalties for those sales on upcoming statements after the proceeds are received.

Additionally, as you may know, starting last year PublishAmerica has been confronted with a vendor failure to abide by their payment obligations, affecting some PublishAmerica books that were sold up through February, 2010. Since PublishAmerica has still not received payments for those sales, they have not been included on any royalty statements; thus it is possible that you may find excluded from your royalty statement sales that you had expected to find included, e.g. sales from bookstore events attended by you, or other bookstore related sales. PublishAmerica, however, has initiated court proceedings to recover those payments. At the time of August's royalty calculations those court proceedings were still ongoing. PublishAmerica will account for the missing sales after the missing payments are received. Furthermore, your statement should include all sales since March 2010 by which time PublishAmerica had fully implemented new distribution channels through Baker & Taylor.
 
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Marie Pacha

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Whether or not they included the payment for royalties withheld due to the LSI lawsuit is one matter, but have they ever provided their authors with a record of those sales?
 

Chris P

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My statement only includes the sales price, the number of copies, royalty %, and royalty amount.

There is no indication of who made the purchase. From the language of the letter, it seems only sales made either through the PA website and from March 2010 were included.
 

James D. Macdonald

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Whether they were paid by the vendor or not, they should list the sales and they owe you the money. On the other hand, the absolute number of sales affected is probably vanishingly small.

Also, in my opinion, they're going to lose that suit against Lightning Source. They should have read their contract....
 

M.R.J. Le Blanc

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Isn't there a stipulation in some contracts that PA cannot withhold royalties for any reason? I remember that concern popping up awhile ago when the lawsuit was first announced. Don't know how I'd feel about my publisher withholding my royalties over a lawsuit that isn't scheduled for 2011 (that is when the LSI suit is scheduled for, right?)
 

M.R.J. Le Blanc

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Also, in my opinion, they're going to lose that suit against Lightning Source. They should have read their contract....

I honestly think PA was anticipating LS would settle out of court instead of calling their bluff. When PA loses they're going to cut and run, and leave a whole lot of confused authors hanging.
 

DaveKuzminski

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Then they'll try some other explanation to their authors for why they're not getting paid. When that happens, I suspect there will be new litigation because enough of their authors will be fed up enough to issue a class action.
 

IceCreamEmpress

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This is so Not Okay, and I wonder if the people on whom it has an impact understand how Not Okay it is?

This is a business saying that it is withholding contracted payments to subcontractors because of its cash flow issues and expecting them to be fine with that.

That is not how business works. You don't say "You have to wait for your money because someone else owes us money." I mean, you can say that, but then the people you owe money to can take you to court--or in this case, mediation.
 

Christine N.

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I'll bet MY next royalty check* (which is more than $0.00), that once the lawsuit is settled, they'll withold the royalties in order to offset their court costs.


*not really, you'll pry that money from my cold, dead hands. I earned it dammit.
 

M.R.J. Le Blanc

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And actually be accountable to someone? Not if they could help it. Guess we'll see.
 

Chris P

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I can't believe people haven't noticed the classic weasel wording: "Vendors often have up to 90 days or longer..."

Eh? So they can basically do it any time they want?