I agreed to publish with a friend who was starting her own publishing company. I stupidly ignored a few signs that things were not completely on the up and up. When I questioned standard business practices such as sales reports, I was told not to worry about it. Well, we never did sign a contract. Now I want to just pull my books and re-do them as they were not proofread or formatted correctly. She says she will not remove my books until I have paid for all the covers including the ones she had re-done on her own initiative. I don't even want the covers. I just want to move on. She is getting hostile and telling me what a horrible and unethical person I am for not paying her for all her hard work. Should I have to pay for the covers of books that I never got a penny from any sales and for which I don't even want?
Paying for Covers
- Thread starter RLG14
- Start date
- Joined
- Feb 12, 2006
- Messages
- 5,363
- Reaction score
- 1,761
to AW!No contract? Nothing at all in writing that talks about business terms? I'm not a lawyer, but if it ain't in writing it doesn't exist.
Go over every email between you to check to see if you agreed to pay for anything or to forgo payment on anything in exchange for something else. Such things might be a barrier to cutting ties.
She can name call all she likes, but without a contract, she's got no power.
Are your books sold only through her site or are they on other sites like Amazon? The latter can complicate things.
I would suggest -- after getting other, and likely better advice from more knowledgeable members here -- that you invest in a C&D letter from a lawyer about her taking your books down.
As a good faith gesture, offer her a small percentage of what she thinks you owe. It's that or nothing, and she might take it. In turn, you get, in writing, her signed statement that all business dealings between you are ended for good. Get the signed, notarized statement before sending any money. Write the expenditure off as a business expense.
She sounds like an amateur who got in over her head, and is blaming others for the failure. Many times I have thought of opening a publishing house (a small one) but I know danged well I am hopeless with paperwork and keeping records. Others brush that stuff aside and seem to think it will somehow magically come to them later. Um....no.
Please keep us in the loop on how this progresses.
What's the name of the publishing company? The Bewares and Background section is so others can gain knowledge about certain companies and they can't do that without a name. This section is so people can research places and see if they are reputable and if not, they'll at least be warned of any issues.
- Joined
- Feb 13, 2018
- Messages
- 48
- Reaction score
- 1
I agree with the above, I'm no lawyer, far from it, but no contract means to me that she can't make you pay for anything. Also if there was no contract then it sounds like you never even legally gave her the rights to publish them, therefore she's doing so illegally. Again, don't take my word for it, I've got nothing to back this up I'm just throwing the thought out there, but that sounds like something someone could sue over.
How much, exactly, did she invest or pay to have the covers done? Did she create them herself? Pay someone else to do them?
It may be true that she hasn't delivered up to your expectations, but it's also true that she's holding onto something you want and need--your books. If you invest in a C&D letter, she may become even more resistant, and you could end up locked in a legal battle to get your work back (force her to stop publishing it) that only ends when one of you runs out of money for lawyer's fees, or becomes exhausted.
If paying for the covers is financially feasible, I would do so as the cleanest and quickest way to sever the relationship. Before you pay a penny, however, get itemized bills (with receipts if possible, if she sent work outside) and a signed agreement that payment of X dollars will terminate your business dealings. Make sure that a date is included in the agreement by which she must remove your books and revert all rights to you--for example, within 30 days of payment in full. Getting it notarized is a fine idea.
Sorry, you've found yourself in such a mess, but consider it the cost of getting an education that will help you make better decisions next time.
It may be true that she hasn't delivered up to your expectations, but it's also true that she's holding onto something you want and need--your books. If you invest in a C&D letter, she may become even more resistant, and you could end up locked in a legal battle to get your work back (force her to stop publishing it) that only ends when one of you runs out of money for lawyer's fees, or becomes exhausted.
If paying for the covers is financially feasible, I would do so as the cleanest and quickest way to sever the relationship. Before you pay a penny, however, get itemized bills (with receipts if possible, if she sent work outside) and a signed agreement that payment of X dollars will terminate your business dealings. Make sure that a date is included in the agreement by which she must remove your books and revert all rights to you--for example, within 30 days of payment in full. Getting it notarized is a fine idea.
Sorry, you've found yourself in such a mess, but consider it the cost of getting an education that will help you make better decisions next time.
MartinV
Registered