Help! New PA author--is it too late for me?

sarah23

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Hi--
I'm new to the forum, and I, unfortunately, signed a contract with PA. However, my book has not yet been released, nor have I received my proofs yet. That's supposed to be the next step. I have, though, received the $1 advance. I requested yesterday and then again today to have my contract terminated due to issues I specified to PA. I don't want to divulge them on the forum publicly.

I haven't pre-ordered any books, so PA doesn't have my credit card information. But PA does have my contact information.

Ironically, I did search for a long, long time before I signed the contract. I had a lawyer check the contract, then I checked Snopes.com, then I Googled scams and nothing came up. Then I had other people knowlegable in contracts, publishing, and scams search as well. I even talked to an author who is published by Standard Publishing
--a Christian commerical publisher. All the people who searched for me and all the the things I searched never raised red flags until approximately two days ago, but, of course, I'm finding out after the fact; I've already sent in my contract and my manuscript. I just feel stupid and taken advantaged of. I really tried to make certain I was not being scammed before I signed the contract.

But on the bright side, though, I haven't pre-ordered any books and my book has not been printed yet. I'm still waiting for proofs.

Suggestions? Is there hope for me to still get out of my contract? I don't want to scam my friends and family or myself. I've sent PA two polite e-mails requesting termination and told PA that I would send the company a statement via US mail that requests termination of my contract as well so that it would be on the record. I also asked PA to send me an e-mail confirming the termination of my contract and to also send me a written statement via US mail that my contract has, indeed, been terminated. I'm even sort of afraid PA will find out I posted here. I just need out of the contract, if at all possible. Thanks for your help.

Oh, and in your advice, could any of you supply to me how long it takes for PA to respond to e-mail or US mail termination requests?

Again, thank you for your help.
 
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Stacia Kane

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Hi Sarah, welcome to AW!

We do have a thread about getting out of your PA contract here:

http://www.absolutewrite.com/forums/showthread.php?t=179805

I was never with PA, so have never gone though it myself. But others seem to have had success by simply sending the same, politely worded email repeatedly. Don't get nasty or angry; it only eggs them on and makes them enjoy being nasty back.

Tell them very clearly that you absolutely will not buy any copies of your book or promote your book. Tell them that since they haven't even produced a cover yet, they might as well cut their losses and let you go now before they spend more money on publishing you.

Hope that helps. I know others will have more suggestions, and lots of stories to share. Glad you found your way here!
 

Chris P

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Welcome Sarah!

Boy, I wish I had a good answer for you. I simply do not know. Honestly, I suspect you're in for the full seven years, short of some loophole or you buying your rights back for $49 (read the thread here on buying your rights back for $99). Rather than get your hopes up or be overly discouraging, I'll simply suggest you read the other threads and perhaps have your lawyer friend see if there's an out of some sort.

The good news is that if you refuse to buy a single copy of your book it will cost you nothing. I have only bought 10 copies of my book, and I will not buy more. This has not stopped me from writing more books, and there is plenty to Absolute Write to keep you informed and entertained.

Best of luck and welcome!
 

Gillhoughly

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"Dear Publish America Author Support,

I find that I am unable to promote or able buy copies of my book (title) as I'd planned. Please stop all production concerned with that title.


Enclosed please find my one dollar ($1.00) advance. Please send written confirmation on the termination of my contract to the address below.


Thank you,

_____"


Rinse and repeat as needed until they let you go. Be boring! Do not argue with them. Keep sending that nice boring letter. You'll get rude letters trying to guilt you out with the "we foot all the costs" but don't fall for it.

They try to get 300.00 out of writers who want out. Then they dropped it to 99.00 and now it's 49.00 for others.

But do this first. Check your contract and make sure you don't hold up your end of it.

If you're under 18, you can get out of it since you're not legal, but if not, then try this.

Good luck!
 

MacAllister

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What they all said. Gillhoughly's template has actually worked for people in the past, IIRC. Also, if you'd like a more anonymizing user-name in the meantime, just drop me a PM.

And good luck.
 

sarah23

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Unfortunately, I am not under 18.Thank you to those who have responded so far. I will try anything anyone offers on this thread. Actually, because of the nature of my book, my story could have potential legal issues assoicated with it if someone does not agree to let me have permission to quote what I've published--it's a memoir, so I'm trying to point that out as well. But I have changed names. That is, except for one person. Meanwhile, while all of you keep advising, I'll keep e-mailing and writing publishAmerica!
 
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Marian Perera

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Hi Sarah, and welcome to the board! The fact that your story could have legal issues may help - after the "Library Diaries" fiasco, PA has become more careful about memoirs. I know at least one author was released from her contract (without her having to request it) because she was writing about her bigamous marriage. Good luck!
 

merrihiatt

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Welcome, Sarah. I'm afraid that once you've signed the PA contract, it's hard to get your rights back, but not impossible! I would start by sending polite e-mails to PA asking for your rights back and stating you aren't able to buy books or promote your books and that friends/family will not be buying copies.

Good luck!
 

sarah23

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Again, thank you to all. I am using your suggestions for my letters and e-mails.
 

sarah23

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Oh, and everyone--do I send the letter via certified mail? Or just regular US mail?

Thanks again.
 

Gene

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I'd start with regular mail, but keep a journal or diary of when you sent them. EG:
21 Jul '10 - sent letter to PA requesting termination of contract.
31 Jul '10 - sent letter to PA requesting termination of contract and requesting a response to this letter
15 Aug '10 - sent letter to PA requesting response to request to terminate contract
etc.
 

Gillhoughly

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I've PMed, too. You have a chance if you play this right.

And remember, PA lurks on this board and will be interested in knowing your ID. I'm hoping your name here is different from the one they know.

Keep yourself as anonymous as possible, and make no mention of specifics that would give them a clue to your book.
 

Gene

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You know, that doesn't surprise me. I'm one that got kicked off their author board at least for awhile. Funny thing is my book that got published first is still in their catalog, but the second is not. OTOH, a less than 200 page paperback has climed from $17.94 to $24.95. When I first heard their price, I was sure it would be hard cover!
 

AudioGenius

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Hey Sarah, welcome to AW!

I'd run through others suggestions first, but I would think that the route Merri took (paying a $49-99 fee to get rights returned) would be open to you as well.
 

Bubastes

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Hello there! It's not too late, and you've already gotten some great advice here.

This part of your post troubled me:

Ironically, I did search for a long, long time before I signed the contract. I had a lawyer check the contract, then I checked Snopes.com, then I Googled scams and nothing came up. Then I had other people knowlegable in contracts, publishing, and scams search as well. I even talked to an author who is published by Standard Publishing
--a Christian commerical publisher. All the people who searched for me and all the the things I searched never raised red flags until approximately two days ago, but, of course, I'm finding out after the fact; I've already sent in my contract and my manuscript. I just feel stupid and taken advantaged of. I really tried to make certain I was not being scammed before I signed the contract.

You did all that footwork and nothing came up? And nobody else found red flags in their searches either? That really, really bothers me. When I Google "publishamerica scam," I find a lot of stuff, but it makes me wonder how much louder AW needs to be to get the word out.
 

DeadlyAccurate

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I was wondering that, too. I was going to ask what search terms you used, so we can help make sure the right terms cause the right places to show up. Even if all you type into Google is "publishamerica" (sans quotes) you'll get warnings on the first page, including links to this site.

Can you tell us what search terms you used?
 

sarah23

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First, I typed in publisher scams, publishing scams, and then I typed in PublishAmerica. Then I went to Snopes.com and typed in PublishAmerica scam and then just PublishAmerica and then I tried other things.

I didn't, though, think of just typing in PublishAmerica scam (i.e., the two words together on Google). I used other search engines, too, but I don't remember what they were. They were But I also had other people searching for me, too. And others just looking at the contract--including a lawyer.
I guess none of us knew the correct way to Search for PublishAmerica as a scam, and apparently, my lawyer was duped, too. *sigh*

But what should I do if PA send me the proofs? Not open them?
 

merrihiatt

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This is what came up when I typed in publishamerica:
pagooglesearch.jpg


This is what came up when I typed in publishamerica scam:

pascamgooglesearch.jpg


Absolute Write was the sixth listing on both searches.

IIRC, when I was Googling PA in the beginning, I clicked on the links closer to the top and then continued clicking links to other websites and never actually went back to my original Google search. Not a good idea in hindsight and I learned a hard lesson that I haven't forgotten (and probably will never forget) about going back to the original search.
 
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Elisabeth Bruce

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Oddly enough, I didn't find PA's murky past by googling! I had installed Web Of Trust on my computer - it puts a little ring by your URL bar and tests all the sites you visit.

When I typed in Publish America, I got a massive black and red warning. It's quite scary when you get that! Then I started being a 'ferret' and found Writer Beware and eventually AW.

On my travels I also found Alexa and Quantcast, sites which collect data and such. I keep an 'eye' on the sites where I'm a member, just to see how they're going;)
 

sarah23

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All the sites that tell the truth about PA showed up after I typed in "publishamerica scam," which, unfortunately, I didn't think to type that in until after I sent in everything. Basically, like everyone else, I got suspicious. That's not what anyone did who helped me search, which stinks. I wish I had done that. We did EVERYTHING but that. The first search I did on my computer (with just typing PA alone)--just showed glowing reports and then when I used other ways of searching, typing in publishing scams I didn't see PublishAmerica. Perhaps I and the ones who helped me search just didn't see it. But--the keywords that everyone needs to know to type in together are the following: PublishAmerica scam. I know that now. I just wish I'd known sooner, and I wish sites like Snopes.com and other sites would have "blown the whistle," but they didn't when I searched. Perhaps they do; perhaps it was just me and my search party who didn't know what to type in to see the truth about PA.

And the funny thing is my lawyer thought he'd really analyzed the contract. Now, though, the lawyer and I are "talking."

I'm beginning to wish I'd just stayed with writing articles for newspapers. . . .
 

sarah23

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And Elisabeth--I'm going to find and install the thing called Web of Trust on my computer. I didn't know that existed!
 

M.R.J. Le Blanc

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To be fair though, from what I've learned on these boards is that publishing contracts are a really specialized field. You need to find a lawyer who specializies in publishing/IP contracts to really know if the contract is good, because other lawyers might not be familiar with the specific terms.