Publisher kaput...now what?

Relic37

Registered
Joined
May 31, 2012
Messages
13
Reaction score
1
Back in 2012 I went the "give somebody money to publish my book" route. I did research on vanity/self-publishing and winnowed the candidates down to the one that seemed the best in terms of up-front money, and services provided. I even found several recommendations for this publisher that seemed legit. I went forward with the project, all went smoothly (except for the editor I hired for the project--outside of the publisher--who vamoosed with my money before completion) with the book selling a little north of 1,000 copies over the following years. My ego was satisfied. But over the past couple of years, the royalty checks were fewer and much farther between, and finally stopped a year ago, despite continued sales of the book. I've found several angry clients of said publisher online and it appears nobody is getting paid. Calls and emails to the publisher go unanswered. A friend in the distant city of said publisher recently drove by their office and relayed the information that it is now empty with a FOR RENT sign out front. Maybe they moved, maybe they shut down operations, who knows? Their web site is still up, and sales information through February was updated recently.

Now I'm not that upset over the missing money--probably less than $300--but I WAS considering suspension of publishing due to my age and trying to simplify my life for any future person settling my estate. It seems puzzling: The book is still selling, profit checks from Amazon, Barnes & Noble, etc. are going somewhere, I'd like to stop publishing but there is nobody to contact about that, and I would like to get the master files back from the publisher (something promised in the contract) but that seems impossible as well. I suppose I can just shut down my web site and let the rest play out in whatever way it goes. It's a conundrum.
 

Chris P

Likes metaphors mixed, not stirred
Kind Benefactor
Super Member
Registered
Joined
Nov 4, 2009
Messages
22,668
Reaction score
7,356
Location
Wash., D.C. area
Consult a lawyer. Not only are you not getting paid, but your rights to do anything else with the book are tied up. I fear you're well beyond anything short of professional legal guidance and action.
 

cool pop

It's Cool, Miss Pop if You're Nasty
Super Member
Registered
Joined
Oct 20, 2009
Messages
660
Reaction score
131
Location
Texas
Please don't lump self-publishing with vanity publishing. It's not the same thing at all. This is why self-published authors have always been unfairly attached to a negative stigma, because so many seem to think vanity publishing and self-publishing is the same. It is NOT. Self-publishing is a legitimate way to publish a book and these shoddy companies who take your money to print your book is not self-publishing. You paid a vanity press to "print" your work. You didn't self-publish and they didn't actually publish either. When they had you paying for an editor, that was a sign. If a real publisher contracts you, you're not going to have to pay for anything except extra promo if you want to do something outside the pub's budget or what they are willing to spend on your marketing. So the fact that you paid for anything was a huge red sign. Also, if you researched as you said I am surprised that the first thing you didn't come across was to never go with a vanity press or any pub that charges you money in the first place. Not trying to come down on you but giving some tough love. This is why I always stress research BEFORE doing business with anyone. All over the web you will find warnings against vanity publishers. They've never done anything but taken someone's money.

That being said, sorry for what you've gone through. You definitely are in a tough situation. As Chris suggested, try consulting a lawyer or if you can't afford one, getting in with a writers organization so they can look into things or contacting an industry watchdog like Victoria Strauss at Writers Beware. Your other option is to walk away and take this as a hard lesson learned. At least now you know what not to do.
 
Last edited:

Relic37

Registered
Joined
May 31, 2012
Messages
13
Reaction score
1
I'm not sure it would fully qualify as vanity publishing, per se. I paid to have the document edited well before initial submission. The publisher offered various editing, from developmental editing to copy editing, etc. They offered cover design, various internal formatting options, etc. They did not do any printing - that was outsourced to Lightning. They handled obtaining ISBN numbers, submission to Amazon, B&N, etc. They (until recently) paid commissions on softcover sales as well as e-pub sales made through the various outlets. I was never forced to buy any copies, though I did for promotional events. This particular publisher was recommended fairly highly in "The Fine Print of Self-Publishing" by Mark Levine in 2011. Up until this past year, I was relatively happy with what I paid them upfront and what I received thereafter. Now, not so much. Just not sure a lawyer is worth the money at this point. But I may send the info to Victoria as you suggest. Thanks for the input. (And for the record, I've learned a lot of harder lessons in life!)
 

mrsmig

Write. Write. Writey Write Write.
Staff member
Moderator
Kind Benefactor
Super Member
Registered
Joined
Jul 4, 2012
Messages
10,011
Reaction score
7,426
Location
Virginia
I see the company in question is Dog Ear Publishing, which has a thread in AW's Bewares, Recommendation & Background Checks here: https://absolutewrite.com/forums/showthread.php?104395-Dog-Ear-Publishing/page2

No matter what kind of slant you want to put on it, this is a vanity publisher. It might masquerade as a self-publishing service provider, but it's not. You say Dog Ear purchased the ISBN for your book, which means that ISBN labels the book as theirs, not yours. They're also pocketing a portion of your royalties. That's not how self-publishing works.

I had four books out with a small trade publisher, which folded last year. Fortunately I recognized the company was in trouble several months earlier, and requested a reversion of my rights due to substantive failures on the publisher's part to comply with the terms of our contract. Now that those rights have reverted, I am able to self-publish. I have contracted with a designer to do the interior formatting and cover designs for the new editions, but that's all. I've purchased new ISBNs for the books, which designate me as the publisher.

Until Dog Ear reverts your rights back to you, your book belongs to them. You will need to get in contact with them to request an immediate reversion of your rights, IN WRITING. This may be difficult if they've gone out of business - which, judging from the latest post on the Dog Ear thread, certainly seems to be the case.
 

Relic37

Registered
Joined
May 31, 2012
Messages
13
Reaction score
1
Maybe I've jumped the shark here. A new Google search today shows a new location for the publisher in the same city, operating under the same name. Now if I can just get a response from them...I'll report back.
 

deceangli

Registered
Joined
Apr 26, 2019
Messages
8
Reaction score
0
Location
UK
Hi Relic - if I was in your shoes, I think I'd make it my mission to piddle in their gravy for the rest of my days. What a terrible way to conduct business
 

Old Hack

Such a nasty woman
Super Moderator
Absolute Sage
Super Member
Registered
Joined
Jun 12, 2005
Messages
22,454
Reaction score
4,957
Location
In chaos
Hi Relic - if I was in your shoes, I think I'd make it my mission to piddle in their gravy for the rest of my days. What a terrible way to conduct business

It's understandable that you might feel like that, but it's a really bad idea as far as your publishing career goes, and in terms of the emotional impact it will have on you if you do it.

Do all you can to get the money you're owed, and perhaps to get your rights back; then move on. Learn from the experience. Learn how to vet publishers more appropriately so you don't get tangled up with one like this again. Learn how to be better. And don't obsess over it, because doing that is so very damaging to your self confidence.