Writers do your research!

I work with writers as an illustrator. There are a couple POD authors that basically publish on their own, sell on their own and publish for their own relatives and friends. Some are published writers with local small circulation publishers (they distribute 500-5000 books depending on demand) One has no unpaid editing services (POD like lulu.com requires that you pay them for an editor.) small time publishers can refuse a book if they do not believe the writing is adequate or if it doesn't fit what they already sell in their line.

Recently a couple of my writers contacted PublishAmerica and within a week received a contract. Neither one of these writers have been published for novelette or in full length novel format. One decided to risk the chance and sign the contract with PublishAmerica. The other actually let me have a copy of the contract and let me read all the emails from PublishAmerica. Both the writer and I find the company and contract suspicious.

With the strange feelings in my stomach I decided to do a quick search. BBB does not have a listing for PublishAmerica. Dunn and Bradstreet (a credit service specifically for business) did not have a listing for PublishAmerica. When doing a search not under name but under phone number Dunn and Bradstreet listed the PublishAmerica as a Dentist and Orthodontics practice in Fredericks MD. Call the PublishAmerica phone number and it answers with an answering machine for PublishAmerica. I then checked Ripoff Report a consumer complaints website to find several complaints.

As a last ditch check I went through several writers beware sites and yes there PublishAmerica is listed with less than happy reviews. All in all iUniverse, lulu, and other POD sites got better reviews than PublishAmerica. Truthfully if you honestly believe you are a good writer and have a wonderful story to tell then there is no reason not to try a smaller local publisher. You might not get nation wide coverage but it would be a good start for local and state coverage.

Now onto the contract.

1. Seven (7) years? Now granted for a medium exposure author this is not unreasonable but a brand new author? No. My author that has published non-fiction books through Dell and several specialty publishers has never had a contract for more than 2 years. Why? Because and author makes or breaks in the first two years. If the book is good enough and creates enough volume the contract is then put under negotiation to capture it for another 2-3 years.

2. The first part of the contract says: “The Author and the Publisher agree that this agreement is renewable upon the date of its expiration and will remain enforceable during an additional and successive period of seven years, on the same terms and conditions as specified hereinafter, unless either party to this agreement shall decline such renewal in writing at least three months prior to the date of expiration as hereabove set forth”

This means: This book and the author are under contract with PublishAmerica for 7 years, at the end of the 7 years the contract will AUTOMATICALLY roll over for ANOTHER 7 years UNLESS one or the other declines renewal of contract in writing at least 3 months prior to the end of 7 years. This means that unless the author declines in writing the contract is UNLIMITED with barely a pause for renewal every 7 years! YOU ARE STUCK IN CONTRACT FOREVER!

3. 8^th part of the contract “All compensation received by the Publisher for the dramatic or motion picture rights, or for the first serial rights prior to book publication, or for foreign, radio, dramatic, cheap edition, television and/or all other rights in the said literary work shall be similarly divided between the author and the Publisher, as hereabove set forth.”

This means: If another publisher, tv series, movie series, publisher or any other type of media publication decides that your work is great and wants to use it for their company two days before publication, too bad, PublishAmerica just got 50% of your income for the next 7 years and beyond cause you signed this contract.

4. Part 9 “Publisher agrees to distribute, at his discretion” Okay first of all this is directly from the contract and the tone has changed it does not read Publisher agrees to distribute at the Publisher's discretion it specifically says the word “HIS” So you are no longer in contract with a company you are in contract with another INDIVIDUAL PERSON. Note the word “discretion” It is not specific enough about the distribution and advertisement, basically if they/him do not feel like getting out of bed he/they wouldn't distribute or promote anywhere. It SHOULD say that it will distribute to X number of box book stores, X number of retail stores and X number of small business book stores and gift shops and provide a list of those stores.

5. Article 13 “The cost of alternations in the page proof required by the Author, other than corrections of Publisher's errors, in excess of fifteen (15%) percent of the original cost of composition, shall be charged against the earnings of the Author under this agreement; provided also, however, that the Publisher shall promptly furnish to the Author an itemized statement of such additional expenses, and shall make available at the Publisher's office the corrected proof for inspection by the Author or his representatives.”

Ok so your book has now gone into proof and you find approximately 500 words/parts in error for a 30,000 word piece of writing. Guess what now you get to pay for a new proof and all the employee, editing and time in making the new proof for errors that should have been caught well before getting to the proofing stage. Bogus.

Now there are quite a few more problems I saw in the contract PublishAmerica supplied. I have only touched the surface. Still the first and foremost item that struck me wrong that I said to the author “I wouldn't sign this” is the first line the address part of the contract. The address consists of the Company name, and LLLP (Limited Liability Limited Partnership) That is “conversion of an existing LP (the general partners might want to do this to reduce their legal liability).” wikipedia http://en.wikipedia.org/wiki/Limited_liability_limited_partnership

Now for the rest of the address. This PUBLISHING COMPANY works out of a POST OFFICE BOX ADDRESS! Oh no that doesn't mean that they are frauds. I get my mail at a post office box too. Yeah well I am a private citizen not a business. All business should have a PHYSICAL ADDRESS in addition to their PO BOX.

I know that there are a lot of authors out there ready to go, anxious and hopeful that have signed on with PublishAmerica. I hope that they have in all respects a happy and profitable co-existence. I find myself leary and unable to believe in their propaganda.