PART 5 – DELIVERY
It didn’t take very long
for me to realize that I had made a big mistake. I had been so excited at being
offered a publishing contract that I had failed to thoroughly research the
company that had made me that offer. I never had to pay any fees or other costs,
so I assumed that the publishing company was a legitimate one, and in some ways it
is. This company does not charge authors a fee. This company does publish the
author’s work in book form. This company does assign an ISBN number and make
the book available to all of the major wholesalers and retailers.
The publisher
started by pricing the book much too high—$39.95 in United States currency.
Yes, it was 662 pages long as they typeset it, but it was published in soft-cover form and I was a
new and completely unknown author. I knew without a doubt that at that price it would sell
very few copies, relatively speaking, and I fought for months to get them to
drop the price to $24.95, which I believed to be much more reasonable. The
publisher eventually did drop it to $29.95—not what I wanted, but better than
nothing. Unfortunately, that drop was only temporary. A few months later the
publisher jacked the price back up without warning.
In addition to
overpricing the book, the publisher failed to follow through with many of its
promises. I will not go into details here, but I will say that those promises all had to do with marketing. Suffice to say
that the publisher made several promises beyond simply publishing the book and
making it available, and did not follow through with any of them.
Over the next couple
of years things only got worse. The publisher started running one promotion
after another and inviting me to participate…for a fee. They would send my book
to celebrity so-and-so…for a fee. They would display my book at this-and-that
event…for a fee. They would add my book to this-and-that list…for a fee. I received well over 100 emails from the publisher relating to those
promotions. I finally had enough and decided that the publisher could take its
promotions and…well, you get the idea.
On November 6, 2009, I contacted the publisher and requested that my rights be returned to me,
explaining my reasons for making the request. I admit that I was not as polite
as I could have been in that communication, but I was angry. Not surprisingly,
the publisher completely ignored that communication, so six days later I contacted
them again. I advised them that I knew they had received my communication
because their system had auto-replied and confirmed receipt, and then asked
them if they simply intended to ignore me. I also asked them to let me know if
they were looking into the matter because as angry as I was, I still wanted to
give them a reasonable amount of time to respond. The publisher ignored that
communication as well. I contacted them a third time on December 12, 2009 and
repeated my request to be released from my contract, and asked them to please
respond. Once again, the publisher ignored me. Finally, nearly four months later on April 4, 2010, I
contacted the publisher one more time and demanded that my rights be returned
to me immediately, advising them that that was the last time I was going to ask
nicely. As they had three times before, they ignored that communication as well.
Strike three-plus-one. They were out. I decided to file suit for breach of
contract.
I do not know if
the publisher got wind of the fact that I actually was going forward with a
suit, or if they just got tired of hearing from me, but on January 6, 2011 I received
an email from them in which they offered to sell
my rights back to me. My first reaction was to experience a sudden and very
primitive desire to go to their offices and...(censored). Fortunately, that
desire faded quickly—I’m really not a violent person—and I sat down to think
things over. I could refuse to give those lying sleaze-bag killers of authors’
dreams a single cent, haul their collective butts into court, thoroughly
crucify their shady character to the best of my ability, and then maybe win my rights back. Or, I could
just buy my rights back and be done with them forever.
I bought my rights
back that same day—it wasn't really much of an expense—and the book officially went out of print. The fact that I
gave that company money still irks me sometimes, but the buy-back fee really wasn't very much, and having avoided the hassle of a long, drawn-out legal
battle and having been able to part ways with them forever made it worth the price.
So, I had my rights back. I could do whatever I wanted to do with my book. So...what was I to do?
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