Book removed from PA website

Kaji

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Hey everyone, so I just noticed that my book is no longer for sale through the PA website. Has this happened to you guys as well? I haven't even requested to have my contract terminated either.
 

Gillhoughly

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I couldn't say, this may be a wait and see operation.

Be aware that Miranda Prather lurks on this board, which is her best source to spot "troublemakers." They don't want those in the PA (happy, dammit) family.

PA victims who post here with links to their PA books often find themselves wished into the PA cornfield.
 

Kaji

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Both of them are missing. I typed in my name, and nothing popped up. lol I do not know if this is a good thing or a bad thing. :p
 

Bartholomew

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It's a non-event. No one outside of you or your family intended to buy the book; and since you saw past their bullshit, you weren't going to buy the book.

Focus on writing.
 

Cyia

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If they remove the book from the site so that it can't be purchased, does that put them in breach of contract so they'd have to release Kaji?
 

Kaji

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I was wondering that as well, about that breach of contract. They also never sent me my two free copies, lol that is two reasons they should just end my contract. They have breached it twice! lol
 

merrihiatt

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Actually, my contract states that PA will promote the book "at their discretion." They never state they will post my book on their website. Everything they say they will do is "at their discretion." Also part of the contract is the wording that the author agrees to mediation and will not take legal action against PA.

Shane, does your contract actually state that you get two free author copies? PA stopped giving author copies back in November of 2008 (or around that time). If you signed with them during that month, or after, you may not actually be entitled to author copies.
 

Kaji

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hmm I am pretty sure it does. I have it my folder. I will have to check. lol
 

Gillhoughly

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Tell them you want out of your contract, you no longer want to promote the book, you no longer want to buy copies. If the book is not on the website, maybe they're not interested in making sales. Just agree with them on that point and ask for release to sign. Quietly fade from their event horizon.

Do not sue. Only the lawyers get rich. PA has a long record of drawing out legal matters until the writers run out of money. The Stooges never do, because there's always more victims signing up to buy their own books.
 

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Also part of the contract is the wording that the author agrees to mediation and will not take legal action against PA.
Hmmmm. Can such a clause be legally binding? I'd be surprised. But, I'm not a lawyer and I haven't even seen the wording. It sounds like something that could be successfully challenged (depending on the circumstances of course).

Cheers,
Rob
 

thecraftteens

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I think it's a good thing....look for your rights to be returned soon!

Echoing this.

After I sent them endless emails stating I wanted to be released from my contract, the first thing they did was take my book off their site. Second, my access to PAvidia was terminated. Third, the release letter arrived in the mail days later.
 

brainstorm77

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You should look further into your contract maybe they've breached it.. If so you may be free of them :)
 

brainstorm77

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Actually, my contract states that PA will promote the book "at their discretion." They never state they will post my book on their website. Everything they say they will do is "at their discretion." Also part of the contract is the wording that the author agrees to mediation and will not take legal action against PA.

Shane, does your contract actually state that you get two free author copies? PA stopped giving author copies back in November of 2008 (or around that time). If you signed with them during that month, or after, you may not actually be entitled to author copies.

Would that even be binding in a court of law. Isn't the right to sue well in fact a right given the proper circumstances? Maybe I'm clueless here?
 

Sparhawk

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Echoing this.

After I sent them endless emails stating I wanted to be released from my contract, the first thing they did was take my book off their site. Second, my access to PAvidia was terminated. Third, the release letter arrived in the mail days later.

That's how it worked with my freedom from those bloodsuckers as well. Odds are you're release leter is on its way to your home. If this was NOT what you wanted I am sorry. If this was your objective then I'm happy for you. Give your book the chance it deserves; with a real publisher.
 

Kaji

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Oh, It is what I desperately wanted. lol. I think I am going to self publish my old book, TEXAN HEAT, and try to find a REAL publisher for my newest novel. I have already sold a couple, and even for a PA book I have recieved really great feedback. One person loved it so much, she has become a good friend of mine, and messages me often now. lol like a pen pal. I may have to re-write/really work so that it is ready for a real publisher, but I am willing to do the required work!! :)
 

merrihiatt

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Regarding promotion of a PA book, my contract states: Sales promotion, advertising and publicity of the Work shall be at the Publisher's election and discretion as to the extent, scope and character thereof and in all matters pertaining thereto.

About suing, I was mistaken. I was remembering another part of the contract. Oops! Here's the part about disputes: All unresolved disputes, matters and controversies of any kind and nature arising from, relating to or involving this agreement (including questions about the existence, validity, construction, performance, nonperformance, operation, or breach of the agreement, and torts committed during the performance of the agreement), including claims against employees, agents, representatives, officers, directors and/or attorneys of Publisher, shall be submitted, if at all, to a court in the State of Maryland. This clause shall survive the termination of this agreement.
 

Kaji

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Hey Merri, I went back and re-read my contract and yea, there was nothing mentioned about free author copies. lol Darn! Also it stated that the author would need to available for promotion in their town, making themselves available for book-signings, interviews..etc. It said nothing about me having to advertise online, so removing my book from my website is not a breach of the contract like I have heard PA say before to authors.
 

merrihiatt

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Shane, PA made that shift of not offering author copies under cover of darkness. I think they were hoping no one would notice. Many authors were taken by surprise because everyone on the PAMB talked about receiving their author copies. Sorry you won't be getting two free copies. =(

I think you are correct about advertising online. My contract has the same wording about being available, but no expectation that I will have a website or sell books personally. Of course, we all know that's the only way most books will be sold.
 

Kaji

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Yea. I ordered a copy of my book from Barnesandnoble, lol just to have on my bookshelf to read. I am hoping the terminate my contract though. I have not heard back from them, since I sent my request two days ago. I know that they love to answer things at their leisure though. :) Im patient though. I can wait.
 

Arkie

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I think it's a good thing....look for your rights to be returned soon!

I agree. I was barred from their message board and my book disappeared off their website the day my rights were returned.
 

spike

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Would that even be binding in a court of law. Isn't the right to sue well in fact a right given the proper circumstances? Maybe I'm clueless here?

INAL, but I believe if you agree to arbitration, then you have given up the right to sue. Most people don't envision having to sue when signing the contract, so they don't investigate that thoroughly.

You can give away certain rights as part of a contract. It's the same as if you agreed to a "gag" order. This is commonly seen in an out of court settlement, but also appears in the film industry (no one can talk to the media about the movie, plot points, etc). You have the right of free speech, but you agreed not to use it.
 
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