Publish America email exchange

championbd · Sep 27, 2009

From: PublishAmerica Pre-Production Dept
Date: 9/8/2009 8:30:48 AM
To: [email protected]
Subject: Brian Daunter: Time Bandit: Text changes

Hi Brian,

As indicated in our cover letter when we
Submitted your book's proofs for your final
Review, in accordance with what you agreed to in
Your contract, no more changes can be made to a
Completed Manuscript, other than correcting
Publisher's errors, if any. The Completed
Manuscript is presumed to contain the voice and
The language precisely as the author means to express them.

The list you are now submitting contains changes
Of a different nature. Unfortunately, no such
Changes can be made at this point unless we
Interrupt our production process and withdraw
Manpower from already scheduled assignments. If
You insist on us making these changes anyway, we
Must charge you $99 for rescheduling text department assignments.

Please let us know how you would like us to
Proceed. If you opt for having the change
Implemented, we will call you for your credit card information.

Thanks,
Pre-Production
PublishAmerica

From: Brian /Richelle
Date: 9/17/2009 10:16:17 AM
To: [email protected]
Subject: Time Bandit Brian Daunter

Hi Theresa,
The errors are in the proofs; therefore unless they are corrected PA is in breach of contract and it is now null and void.
PA's response indicates the possibility of lack of due diligence or deliberate production of incorrect proofs. If the later is the case then the situation moves from civil contract law to criminal law.

Kind Regards,
Brian

From: Brian /Richelle
Date: 9/21/2009 6:30:36 PM
To: [email protected]; [email protected]
Cc: [email protected]
Subject: Brian Daunter Time Bandit

Because the prima facie evidence suggests that Publish America is attempting
To defraud with the intent to extort; I have had to refer the situation to
The Internet Crime Complaint Centre (ICCC). The ICCC is a partnership
Between the Federal Bureau of Investigation (FBI); National White Collar
Crime (NWCC) and the Bureau of Justice Assistance (BJA). The ICCC will
Assign the appropriate agency (FBI; BJA) to conduct the investigation.
Officers of Publish America (PA), such as yourself, as well as PA, are
Liable for prosecution if any criminal impropriety has been committed.
If as officers of PA, you consider that you have acted rightfully in a
Proper manner, and or unwittingly or coerced in to duplicity, then you are
Advised to contact the ICCC or FBI.

Kind Regards,

Dr. Brian Daunter

Then you produce it without my permission or contractual agreement (fraud; extortion)
I have forwarded your email to the ICCC.

-------Original Message-------

From: PublishAmerica Author Support
Date: 9/21/2009 7:51:22 AM
To: [email protected]
Subject: Brian Daunter: nonsense

Dear Brian Daunter:

Please explain how you have been defrauded, extorted, or otherwise
Maligned, not frivolously but convincingly. In the absence of such
Convincing explanation we will continue to produce your book as scheduled.

Thank you,

PublishAmerica Support
[email protected]

If any one has had or having similar experience with Publish America, contact ICCC
ic3.gov/default.aspx

MacAllister · Sep 27, 2009

This actually goes in the Publish America subforum. Moving now, and leaving a re-direct.

Bartholomew · Sep 28, 2009

It won't be very hard to prove that PA is actively defrauding you. $99 to fix mistakes they put in the MS?

Gee, sir, your window broke when I hit it with this sledge hammer. For only $99, I'll gladly repair it...

Cyia · Sep 28, 2009

I'm wondering if the emails are supposed to be "poetic", as they're capitalized like a poem - every line break = capital letter, even if it's the middle of a sentence. Sheesh.

Gillhoughly · Sep 28, 2009

championbd! Good luck!

Quoting myself from another thread for truth:
.
.

"So we at PublishAmerica charge the writers a fee to correct the mistakes we put in?

Eeeexcellent!"

benbradley · Sep 28, 2009

Cyia said:
I'm wondering if the emails are supposed to be "poetic", as they're capitalized like a poem - every line break = capital letter, even if it's the middle of a sentence. Sheesh.

That's an interesting observation, but the post shows that to be true of emails going both directions. Maybe the OP ran the post through something that does that.

And of course:

Please explain how you have been defrauded, extorted, or otherwise
Maligned, not frivolously but convincingly. In the absence of such
Convincing explanation we will continue to produce your book as scheduled.

One doesn't need to explain that to PA, only to the authorities and a judge. They're asking about this is trying to keep the dispute between the complaintant and PA, and keep outside authorities out of it.

DaveKuzminski · Sep 28, 2009

You're right about that. They're just trying to divert the author's attention and resources to something away from the authorities.

pink lily · Sep 28, 2009

Cyia said:
I'm wondering if the emails are supposed to be "poetic", as they're capitalized like a poem - every line break = capital letter, even if it's the middle of a sentence. Sheesh.

That was the first thing I noticed! I can barely believe it that this is how they deliver their official correspondence.

Congrats to Brian for this effort and thank you for sharing.

Ulee_Lhea · Sep 28, 2009

Good luck Brian and welcome to AW!

wanda45451964 · Sep 28, 2009

I am a publish america author and have had my book quote on sale, and in short everything about them is true, I had more errors in my book, extra words and all kinds of things, the best thing they did on my book was the cover, other than not no pay not one book at B@N or anywhere, else excpet on amazon and a few others, its even India and other countries and its selling i just dont have pay. I would love to find a new publisher that would buy my contract from them , and fix it like it should be and then it would sell. I am very dissappointed in this whole experience. wonder what a class action suit would do against them.

TabithaTodd · Sep 28, 2009

Unfortunately Wanda, according to what I've seen, you can only arbitrate with PA and cannot sue them in court as a class action lawsuit from what I understand. You also have to go to their jurisdiction to arbitrate apparently. Fortunately, Brian has shown us that there is another venue that may prove fruitful.

Cyia · Sep 28, 2009

TabithaTodd said:
Unfortunately Wanda, according to what I've seen, you can only arbitrate with PA and cannot sue them in court as a class action lawsuit from what I understand. You also have to go to their jurisdiction to arbitrate apparently. Fortunately, Brian has shown us that there is another venue that may prove fruitful.

It's also highly unlikely that a legit commercial publisher would buy out a PA contract. Ever. They'd have to base the decision on the sales of the book as is, and the quality of the book as is - and that's just not worth their time or money.

DaveKuzminski · Sep 28, 2009

TabithaTodd said:
Unfortunately Wanda, according to what I've seen, you can only arbitrate with PA and cannot sue them in court as a class action lawsuit from what I understand. You also have to go to their jurisdiction to arbitrate apparently. Fortunately, Brian has shown us that there is another venue that may prove fruitful.

Actually, it depends upon the individual contract. Some specify arbitration, but the latest ones for about the past year appear to use Maryland state courts instead.

Gillhoughly · Sep 28, 2009

wanda4545

wanda4545 said:
I would love to find a new publisher that would buy my contract from them , and fix it like it should be and then it would sell.

PA is what is known as a "print mill". They are not and never have been a legit publisher.

Brace for more incoming bad news.

Your book with PA is in a tar pit and going to be stuck there for as long as you have left on your 7-year contract, unless you can get them to release you early. You can start writing them letters now, to make it clear you cannot promote the book and that you want to be released from your contract. Sometimes they'll cut people a break when they know they can't get more money from them.

Sometimes they dig in and won't let you go. When it is time for your contract to expire, you have to send them a registered letter confirming you want your book released--otherwise they automatically renew!

No legit publishing house will buy your PA contract.

They consider your book to be "in print" and they will not be interested in a reprint. Even established writers with a long track record have a hard time re-selling their out of print books.

Your best course is to write a new and better book and submit it to a real publishing house.

You find a legit house by going into a bookstore, looking inside the front pages of books similar to what you write, and get the addresses of the publishers' websites.

You follow their submission guidelines to the letter.

I also suggest you make friends with the 808 section of your library, as it has all the books on writing and getting published. They will help you on your next book.

Get Strunk and White's ELEMENTS OF STYLE, too. All pro writers have that book.

And please do continue to hang out here on Absolute Write! You will find literally thousands of people who can help you with your writing. Find some threads that appeal to you and check them out. I highly recommend the "Learn Writing with Uncle Jim" in "Novels". There is always something new to learn about this craft!

Again, welcome, and try not to feel down. We've all been there, but we dust off, put on our game face, and start all over again. Grr!

DaveKuzminski · Sep 28, 2009

Make sure you send the NON-renewal letter before the deadline. On some contracts, that has to be received at least three months before the termination date of the contract.

tlblack · Sep 28, 2009

Welcome to AW championbd and Wanda4545.

Best of luck to you Brian with the ICCC.

Wanda, these guys are correct. No other publisher is likely to ever buy out a PA contract. If you can't get out of your contract, assume that book is lost for the next 7 years, write something bigger and better and then query it out to agents and or publisher's that accept unagented ms. Good luck!

merrihiatt · Sep 28, 2009

Welcome Brian and Wanda! :welcome:

I'm sorry to hear about your experiences with PublishAmerica and hope you'll stick around and check out all the AW site has to offer.

circlexranch · Sep 29, 2009

Welcome to our new folks!

I love how PA changed the email subject from his name / book title to his name / nonsense.

I checked all the first word caps to see if they spelled out a secret message, but didn't get anywhere . . .

merrihiatt · Sep 29, 2009

I didn't notice the "nonsense" change of what the e-mail was regarding. PA changed my e-mail regarding to "PA author compares self to Nora Roberts." In the e-mail I had asked who would want to purchase my overpriced PA printed book at $24.95 when they could buy a Nora Roberts book for $6-9 (depending on where it is purchased). PA twisted that comment and changed the regarding section to what I noted above. That was nonsense!

scully931 · Sep 29, 2009

merrihiatt said:
I didn't notice the "nonsense" change of what the e-mail was regarding. PA changed my e-mail regarding to "PA author compares self to Nora Roberts." In the e-mail I had asked who would want to purchase my overpriced PA printed book at $24.95 when they could buy a Nora Roberts book for $6-9 (depending on where it is purchased). PA twisted that comment and changed the regarding section to what I noted above. That was nonsense!

The level of snarkiness is unbelievable. (And amateurish)
:Jaw:

Gillhoughly · Sep 30, 2009

Merrihiat, there was a similar exchange in a short-lived but fun 80's show called "Shadow Chasers." Think X-Files played for Mel Brooks style laughs. One guy works for a sleazy tabloid.

In the tabloid office, a reporter hangs up the phone, looking unhappy. His editor wants to know what's wrong.

"All I did was ask Carl Sagan what he thought about Elvis being a space alien. He said he was astonished I even called him and hung up. I don't know what to write."

The ace reporter steps in. "Here's your headline boss: "Elvis is a Space Alien--Carl Sagan Astonished!"

They applaud, then the camera shifts to the guy juggling baby dolls and chainsaws.

merrihiatt · Oct 1, 2009

Gil, you never cease to amaze me.

wanda45451964 · Nov 4, 2009

This is the latest emails from Pa from author support, I got one this morning saying that due to how many authors are having their books fixed, thinking that means the errors that Pa put in them, and probably charging99.00 to fix them like theya re poor Brian above, plus 50%off and free shipping. I think they are calling it free spirit weekend. You have to buy either 6 or more though. Did anyone else get this email this am? I can't remember all of it because I have gotten to the point that I just delete them after reading the first few lines to see what kind of new scam they are promoting this week.
Aren't Ya'll proud of me.? I am going on to something else with someone new, and doing research. Spending anytime worrying about Pa and what scams they are doing, is wasting your time. I urge every Pa author here to let pa die in the dust and move on to your next book and make it better, so that you will get paid, like in real green backs. alot of them. Hahaha I finally cashed my check.

SeattleGhostWriter · Nov 4, 2009

I wonder what it would be like if a group of people decided to get together, form a "publishing" company, and then go in and request to buy out some of PA's authors.

Then, in the middle of the negotiations, when they had signed the contracts, the individuals present PA with a bill of 50 Million Dollars that is to be paid in full. And this is in the very small fine fine fine print that PA agreed to pay.

Wonder how they will feel when this occurs...

wanda45451964 · Nov 4, 2009

I think that it would be a very good idea,but they would probably find a loop hole in that also, after all scammers know how to break the alaw more than anyone does. but yes, I would laugh and think that its very fair, if someone did do that.

Publish America email exchange

Tired and worried.

Comic guy

Rewriting My Destiny

Grumpy writer and editor

It's a doggy dog world

Preditors & Editors

I regret everything

Fear no darkness.

Rewriting My Destiny

Preditors & Editors

Grumpy writer and editor

Preditors & Editors

nothing simple here

Writing! Writing! Writing!

Terri Coop has been known to write

Writing! Writing! Writing!

So you're suggesting what? Bigfoot?

Grumpy writer and editor

Writing! Writing! Writing!

Obsessive is just a less complimentary term for "d