Major Frustration with a Flaky Publisher

The Good Typist

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I have a conundrum and I could use some advice. My third poetry chapbook got accepted for publication last year in August of 2013. The publisher is a small outfit in Australia with only a handful of titles under their belt. Since the original acceptance notice, there has been no movement whatsoever on the book. First they said it was going to be launched as a paperback in October, then that got pushed back to December, then January. Then they got in touch with me and told me that they were planning to release it as an e-book this month, and release the paperback in the summer at an official launch party. But nothing has been done. The only thing that's come through it the cover art, which I'm not that thrilled with, but it took them four months to even get that done so I'm reluctant to ask for it to be altered.

They are very slow getting back to me and generally uncommunicative and vague about deadlines. One of the original staff quit, and the other person I've been communicating with almost never returns my e-mails. I finally e-mailed him last week politely requesting a firm publication deadline and pointing out that it's been six months since the original acceptance of the book and there has been no movement. He has not yet responded, and I'm beginning to think he has no intentions whatsoever of moving forward with publishing the book.

I was very excited about getting this book out, and I'm extremely disappointed in their flakiness. I don't understand the point of accepting a book for publication and then proceeding to take no action on it whatsoever. It's been well over two years since I finished this book, and I all I want is to get it out there. The idea of starting the submission process all over again just makes me want to cry. What I would like to do at this point is just publish it online myself and sell it through my blog. I see no point in going around and around with this publisher any more when I could get this thing formatted and up on the internet myself in a weekend.

If anyone has any advice or thoughts, I'd appreciate hearing from you!
 

Ice_Twin

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I don't have any advice, but I just wanted to say that I really feel for you. How unprofessional of your publisher to care so little that they won't even reply to emails. :(

Like you said, self publishing would have been a better way to go. As a result of your incompetent publisher, you have lost out on over 6 months of sales now. :(

I really hope you're able to resolve this issue.
 

Cathy C

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Check the contract you signed with them to see what their duties are to publish. See if there is a clause called "Mandated Publication" that requires that they publish the book within a specified time. If there isn't, look over each clause carefully to see what they promised to do. If there isn't any requirement that they EVER publish (which does happen), check to see whether you can cancel the contract and how you do it.

Often, if you send an email stating that you're holding the publisher to the terms they agreed to, you'll get some movement. Don't threaten in the email (or letter, if they require something by delivered mail) or make snide remarks. Just state that you delivered as promised and you expect them to, as well. But be prepared--they might decide that an author who is willing to bring up the contract is too much trouble. They might end the agreement with you or get their back up and be snarky.

It's unfortunate you're in this position, but it happens. :(

Good luck and let us know what you learn.
 

Ice_Twin

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Thanks for your sympathetic words, Ice Twin! I'm not sure how I'm going to proceed yet, but I feel the need to get some control over this. I'm tired of being strung along.


I don't blame you. It has certainly been going on for a considerable amount of time, in my opinion you deserve some answers. :(
 

The Good Typist

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Good advice, Cathy! I did review the contract--it's a very simple, 1-page document. It does say in the contract "These rights last for a minimum period of 18 months, after which time this agreement may be terminated by either party at a notice of one month."

I have a feeling that they won't do much if I simply yank the book and tell them I'm terminating the contract. I doubt they have the resources to sue, and any case, it's a poetry chapbook--it's not like they stand to make a huge windfall off it. I can't get them to even return an e-mail. I can't imagine they would put much effort into pursuing it further if I just tell them I'm through.
 

Ambrosia

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I believe a better way to handle it would be to write them a polite letter and request they release the rights back to you. You do not know if they would sue or not. But it would be a breach of contract if you just pulled the book and published it. They very well may release the rights back to you sooner than the contract specifies if you send them a polite letter requesting it.
 

Fruitbat

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Of course, what matters is what you think and how you feel about it. And don't we all know it's disappointing to get jazzed about something then have it go all "iffy."

That said, just to play devil's advocate for a minute... August 2013 was 5-6 months ago. I've had stories in e-zines take longer than that to come out. You say this is a very small press and a key person has left. And as I'm sure you know, poetry chapbooks are not in high demand (nor big money-makers- for anyone involved). You say you wrote these poems over two years ago, so I assume you've already been through a bunch of submissions and it took a while to find a publisher. As is, they are at least still interested and still making plans for it.

So, if you did get it back, instead of having a deal in the works (however imperfectly), you'd have nothing, right? So my devil's advocate question is how would that be better than what you have now?
 
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The Good Typist

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That's a fair question, Fruitbat. I guess I feel that if they are only committing to publishing it online at this time, I could do that myself much more quickly than they are doing it. I have some poetry readings coming up soon and I wanted to have book released before the readings so I could publicize it. The thing that frustrates me is they keep moving the bar on me. It was originally going to be out in October, then they pushed it to December, then January, now February--although I have had very little communication from them over the last few weeks, and when they do communicate, they have some have vague reason why they aren't moving on it, and they take weeks to reply to direct inquiries. I'm feeling really strung along. I feel like they have all of the control over my book and they're being extremely unprofessional. I haven't had this experience before. Every other publisher I've worked with has been very prompt and communicative. I don't understand what's going on. If they would just commit to a deadline, I'd be fine waiting a bit longer. But I'm afraid if I don't do something, they're still going to be in a holding pattern a year from now.
 

Debbie V

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It sounds like you have to give them their 18 months, even if that sucks. Publishing can be a very slow business. You trusted them enough to sign that contract. Wait it out. If they don't feel rushed or threatened, they might surprise you with their final push and proper launch.

I hope it works out.
 

The Good Typist

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Thanks for your advice, everyone! I did finally hear back from the publisher this morning, and I have an actual release date--February 26th! Great news after months of delays and lack of communication.
 

Debbie V

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Great news! I hope it's all smooth from here.