HomeWritersLiterary AgentsEditorsPublishersResourcesDiscussion
Forum Login | Join the discussion
+ Reply to Thread
Page 1 of 3 1 2 3 LastLast
Results 1 to 10 of 29

Thread: Publish America

  1. #1
    sid gun
    Guest

    Publish America

    I have seen a number of posts/posters slandering PA.
    I have 2 books out from PA and I am not like the other PA authors who go out of their way to support PA, I have always had my feet on ground w.r.t to PA. I published two Novels in Verses via them (because there is no market for poetry). For my novel, I have gone the traditional route of finding agents etc (yes, I have been agented too, Vanessa Holt, UK)...

    Here's my view on PA. PA provided me an opportunity to get my books out there for free.

    For people who say companies like Iuniverse charge only $600 but have a shorter contract, I will only say this: writers who have pride will not spend even $1 to get their books publised - its a honor issue. Moreover, a book has approx 1 month to swim or die - after that it is a closed chapter (99% of the times, unless your book finds its way to Oprah, or Hollywood buys it or..). So, the contract doesn't bother me much.

    Both my books won runner-up awards at the San Diego Book Awards and I thank PA for it. If I had to spend $600 on it and then got awards for it, I wouldn't have been as happy about it.

    Sid



  2. #2
    Dave Kuzminski
    Guest

    Re: Publish America

    Sid Gun, some of us are not against PA. We're against the poor contracts they offer and how they treat authors. In fact, we're aware that PA is a good choice under some circumstances. However, PA's deliberate deceptions concerning what it offers is harming other writers whose circumstances are not a good match for PA. We just want PA to be honest up front so that those writers can judge correctly whether PA is a good match with the writers' goals.

  3. #3
    web master
    Guest

    Re: Publish America

    Aside from written implications on their website, I don't see a big difference in the PA contract from the rules of any other POD publisher. I don't think PA should be forced to change their format just to suit the needs of certain disgruntled authors.

    I think I would agree that PA should change some of the wording on the website. Not necessarily that they call themselves traditional, (since technically it's true, because they don't charge a fee) but perhaps the statement urging that they're not a POD press. I think they do make it clear that their books are only available in bookstores and not on shelves. But denying they're a POD press altogether is definitely borderline.

    I think it would help their reputation professionally and with some of their more embittered authors.

    But as far as successful lawsuits go? I don't see it happening, nor would I cheer for it.

    Just know what you're getting into from the start and stop whining.

  4. #4
    Dave Kuzminski
    Guest

    Re: Publish America

    Web master, it's not only the wording on their website, but other things as well. Not charging a fee is not the only thing that makes the other publishers traditional. They also have real marketing, distribution, and a returns policy that assures them and their authors that their books actually stand a chance of being ordered by bookstores. Those are just some of the things that differentiate the true traditional publishers from PA. Consequently, claiming that one small facet of similarity makes PA a "traditional publisher" is nearly as far from the truth as it can get.

    Besides, PA gets its money from the authors as do the honest vanity publishers because ordering their own books is the only way that PA authors have of getting their books out into the public so those can be seen and purchased. Online stores do not count as getting their books out in public because those stores do not market PA books as something that readers will want. Just like real brick and mortar stores, online store promotions go to the books that have special discounts from their publishers and PA doesn't give discounts equal to what the bookstores want. Consequently, PA sales online are neglible.

    The PA authors who have managed to make significant sales have done so on their own by purchasing their own books and then reselling those at other outlets. Only a few PA authors have succeeded in doing that. A number of others have failed miserably and now have boxes of their own books sitting on the floor in their homes.

  5. #5
    Robert Amoroso
    Guest

    Re: Publish America

    I promised myself I wouldn’t get into this silliness, but what the hell.

    There seems to be this "thing" about PA, and I wonder if it's perhaps something else that bothers this illustrious group? I've heard this constant chatter, about contract, buying books, POD, vanity publishing, etc, etc, etc.

    Why is it that people with a bit of knowledge of PA, take it upon themselves to assume? The contracts are almost always negotiated, I rally purchase any of my own books, I’ve done over a dozen book signings, (with many more coming) and with almost an equal number of book fairs.

    The majority of the book stores, including B&N purchased my books outright, sure some won't, but then again I’m in a major market (New York). In truth, I could perhaps do a book signing every week.

    I'm always amused at the "back biting" I hear on these boards when it comes to PA. Believe me I have a few issues with "my publisher", but none of them deal with what they provide, they've lived up to their end of the contract. I've sold quit a few books, and I don't (sorry) have books sitting on the floor.

    This is a tough business, and PA has provided an outlet for first time writers. I'm not sure why "vanity publishers" seem to be held in higher regard then PA? There seems to be an "attitude" on this and other boards, as if only the anointed few have the "right" to be published.

    Almost everything I read about PA is either a semblance of some facts and wishful thinking, and I’m not sure why…it’s akin to a tourist spending a few days in Manhattan, and then describing New York City.

    Amo.

  6. #6
    Dave Kuzminski
    Guest

    Re: Publish America

    Well, Robert Amoroso, if you had read closely, I stated that some authors had succeeded in selling their books. Obviously, you are one of that small group. However, many others have not. Their experiences have been documented on PA's own forum until PA deleted their postings. Their experiences have also been documented elsewhere, so it doesn't matter that PA deleted those comments.

    What's more, PA is guilty of breaking its own Reversion Contracts with those who it has severed publishing agreements. Here's a copy of the reversion for you to read:

    SETTLEMENT AGREEMENT AND RELEASE

    This Settlement Agreement and Release (“Agreement” or “Settlement Agreement”) is made this xx Day of xxx, 200x, by and between PublishAmerica, LLLP (“Publisher”), and Xxxxx Xxxxx (“Author”) who shall collectively be identified as the “Parties” herein.

    RECITALS

    WHEREAS, Publisher and Author entered into a contract whereby Publisher agreed to publish Author’s book, Xxxx Xxxx Xxxx (the “Work”), according to the month day, year, agreement (“Publishing Contract”).
    WHEREAS, all parties are desirous of terminating the Publishing Contract.

    1. Mutual General Releases
    In consideration of the agreements and covenants contained herein, Author, on behalf of himself, his predecessors, successors, assigns, affiliates, heirs, family members, administrators, executors, trustees, directors, officers, employees, partners, attorneys, agents, representatives, and associates hereby fully and forever releases, remises, acquits and discharges Publisher, and their predecessors, successors, assigns, affiliates, heirs, family members, administrators, executors, trustees, directors, officers, employees, partners, attorneys, agents, representatives, and associates from any and all claims, demands, liabilities, actions or causes of action of any kind of character, at law or in equity, whether known or unknown, accrued or not, present or future, in connection with, arising out of or in any way involving the Publishing Contract including any pre-contract and post-contract representations.
    In consideration of the agreements and covenants contained herein, Publisher, on behalf of themselves, their predecessors, successors, assigns, affiliates, heirs, family members, administrators, executors, trustees, directors, officers, employees, partners, attorneys, agents, representatives, and associates hereby fully and forever releases, remises, acquits and discharges Author and his predecessors, successors, assigns, affiliates, heirs, family members, administrators, executors, trustees, directors, officers, employees, partners, attorneys, agents, representatives, and associates from any and all claims, demands, liabilities, actions or causes of action of any kind of character, at law or in equity, whether known or unknown, accrued or not, present or future, in connection with, arising out of or in any way involving the Publishing Contract including any pre-contract and post-contract representations.

    2. Transfer of Publication Rights and Release of Publication Obligations.
    In consideration of the agreements and covenants contained herein, the Publishing Contract is deemed terminated and of no further force or effect. All rights to publish, sell or export, or cause to be published, sold or exported, the Work, including but not limited to print or book publication, motion picture, film, video, television and/or any other electronic or computer video medium are deemed released and revert back to Author. Publisher is deemed released from all their obligations under the Publishing Contract (or any other duty implied by law), including the obligation to manufacture, market, advertise or distribute the Work. Author is deemed released from all of his obligations under the Publishing Contract.

    3. Entire Contract
    This Agreement constitutes the entire understanding of the parties hereto, and they shall not be bound by any terms, covenants, conditions or representations not expressly contained in this Agreement.

    4. Modifications Only By A Writing
    This Agreement may not be modified or changed orally, but only by an agreement in writing signed by the Parties.

    5. No Admission of Liability
    The parties understand and agree that nothing in this Agreement shall be construed or taken as an admission of liability on the part of any of the Parties.

    6. Counterparts
    This Agreement may be signed in counterparts.

    7. Confidentiality and Non-Disparagement Provision
    Each party acknowledges and agrees, promises, covenants and warrants that from this time forward they will not at any time exhibit, reveal or show this Agreement (including drafts) or its contents to a third party, or Publisher. Author agrees that he, his agents, attorneys, employees or family members, will only represent that the relationship between Author and Publisher was “dissolved amicably” and will not disparage Publisher in any manner whatsoever, or host and maintain any Internet web sites whose content disparages Publisher in any manner whatsoever.
    Publisher agrees that they, their agents, attorneys, employees or family members, will only represent that the relationship between Publisher and Author was “dissolved amicably” and will not disparage Author in any manner whatsoever, or host and maintain any Internet web sites whose content disparages Author in any manner whatsoever.

    If suit is filed to enforce any part of this Confidentiality and Non-Disparagement Provision, or otherwise seek redress for breach of this Provision, the prevailing Party or Parties shall be entitled to recover all his/their attorneys’ fees relating to the dispute.

    PUBLISHAMERICA, LLLP

    Dated:_______________________ By:________________________________
    (signature)

    Author Name

    Dated:_______________________ By:________________________________
    (signature)

  7. #7
    Robert Amoroso
    Guest

    Re: Publish America

    Well since you’ve addressed me in a formal way let me in kind, well David Kuzminski…seriously David I have no argument with you.

    My point was simply this (and by the looks of what you've provided) you've made my point.

    Obviously you have a very personal issue with PA, and I don't. My experience differs from yours. Surprisingly enough there are many satisfied authors with PA, and many have chosen to stay with them, writing second and third novels.

    David, you've made some serious accusations regarding PA, I suggest if they have in any way changed and or altered contracts after they've been signed then you have a legal remedy, and this is not the forum to bring it up. Perhaps you should seek legal cancel?

    Amo

  8. #8
    Robert Amoroso
    Guest

    Re: Publish America

    I’m sorry I mean legal council…what can say, I’m a PA author! Amo.

  9. #9
    Terrence Yelp
    Guest

    Re: Publish America

    Ho ho. Has anyone here read this yet? http://p197.ezboard.com/fabsolutewri...icID=469.topic

    someone took some pages and pasted them over and over to make a manuscript and just got it accepted by PA.

  10. #10
    Dave Kuzminski
    Guest

    Re: Publish America

    Mr. Amoroso, I'm not the one with the changed or broken contract. What I'm pointing out is that PA has permitted others to post disparaging remarks within its forum concerning former authors who signed the reversion contract with PA. That is in direct violation of their own agreement.

    I could, of course, take PA to court for libel concerning at least two incidents, but it's not worth my time to do so. Besides, it would only hurt the authors since PA would then jack up its prices. I could also take them to account for misuse of my trademark because they obtained Internet domains using a trademark they don't own or manage. Again, it's not worth it at this point for much the same reason.

    As to your statements about negotiating PA's contract, I know of only one person who claims that he successfully did so. However, he could show no proof that he had. Every other author who attempted to negotiate was soon told that PA was rescinding its acceptance. Besides, PA's own web site states that there is only one contract for all authors. With that in mind, which is it? Is it negotiable or is it just one contract for all. One way or the other, they're making a false claim.

    Vanity publishers are more honest. That's why. They tell the truth up front and don't change the rules upon giving an acceptance.

    As to the attitude on other boards that you mention, what of the statements in the PA forum that their authors are getting in on the ground floor? If that's so important, what does it matter what other authors state elsewhere? Regardless of those, what's being pointed out on these other forums is the point that PA's contract is one-sided and unfair to authors. PA makes claims that aren't true and don't have any outside facts to back them up.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts