Melinda Clayton's Blog - Posts Tagged "publishing-contracts"
Signs of a Failing (Scamming) Publisher
I originally posted this on my Wordpress blog. I used to link the two blogs together, but they've developed into two different types of blogs over the past year or two, so I stopped that practice. This one, however, fits into both.
Although the original post is geared to warn authors, it should also serve as a warning to readers. Many "scam" publishers scam readers as well by selling poorly edited, poorly formatted, poorly written books.
Given that introduction, here's my previous post:
Google “publishing scams” and you’ll uncover pages and pages of warnings against publishers who mislead and steal from hopeful authors. Writer Beware, Absolute Write, and Preditors and Editors are must-read sites for any aspiring writer.
Some companies (see Absolute Write’s Publish America page here) seem as if they were designed solely to take advantage of not only authors, but readers, too.
Other companies – and I believe this number to be far higher – seem to have been established with the right ideas in mind, but failed for a number of reasons and ended up on the “scam” list just the same. A love of books does not a businessperson make.
Hopefully by now it goes without saying that money should flow to the author, not from the author, so I won’t cover that here other than to say never, ever pay a publishing company – not a reading fee, not a publishing fee, and not a promise to buy x number of copies.
That said, the following is a list of some of the signs to watch out for when querying small presses – independent publishers not affiliated with the “Big 6″ New York agencies. None of these warning signs should be taken as gospel, but when lumped together, should be viewed as enough of a concern to warrant more research. Know, too, that some small presses are very upfront with what they do and do not offer. I’m only speaking about the ones who aren’t, the ones who tell you they’ll do things for you that you later discover they haven’t done.
As readers of this blog and/or my Goodreads blog know, I terminated contracts with my previous publisher in June of this year. Some (but very few) of the following warning signs were starting to become evident just as/immediately after I signed on the dotted line. Others became impossible to ignore as time went on. I’ve divided the signs into three categories: External, Internal, and Personal.
External: Signs on the web
1. It goes without saying in any business one should do some research before signing a contract. How long has the business existed? Are there complaints against it? In my case, I came across a couple of discussion boards on which people had lodged complaints about a lack of payment, but (in my defense) I had also read the website, which made it clear that payment would not be forthcoming until a threshold of $25 was reached. A quick check of Novelrank (Novelrank tracks Amazon sales) showed that those authors probably hadn’t reached the threshold. I filed the information away as something to keep in mind, but pressed ahead.
2. Are they listed anywhere (such as a state database) as a registered business? If so, what type? A sole proprietor? A LLC/LLP? Simply a DBA? The registration of a company (or lack thereof) is a good indicator of business knowledge. A company that throws up a website without registering as a legitimate business isn’t necessarily out to scam anyone, but it would raise a red flag for me and I’d certainly question their business acumen. For example, a business registered as only a DBA or sole proprietor has left not only business assets but personal assets at risk in the event of a lawsuit. I want a company that knows to separate personal from business on all levels. Did I think of this before querying? No. But I should have.
Internal: Signs on the company front
1. The website: Are there misspelled words or broken links on the site? If so, do you really want your books listed with a publishing site that misspells words?
2. Books and authors: There are several things to look for here (things I didn’t know at the time). First, how long has the company been in business, and how many books have they published? This is important, because getting a book ready for publication takes both time and money. If you’re thinking of signing on with a small press that churns books out on a weekly or monthly basis, this should serve as a warning sign.
Can a company publishing books so quickly really give your book the attention it needs to succeed? For example, are they taking the time to ensure the book is properly edited and formatted? Are they taking the time to find quality, relevant covers? Are they taking the time to send books out for review? Are they taking the time to market before publication? If not, these are things that will negatively affect sales – is this where you want your book?
To do further research, check on Novelrank to see if the company’s books are selling. If they’re not, that’s a major red flag.
3. Excerpts and previews: Believe it or not, I’ve seen some sites touting book blurbs and excerpts that contain misspelled words and grammatical errors. If you’re thinking of going with a small press, check out their previews and blurbs on Amazon, Smashwords, etc. Have the books been properly edited? If not…again, a huge red flag.
4. Are their books available on Barnes & Noble? This might seem like a strange question, but there’s a method to my madness. Over the past year or so more and more small presses are using CreateSpace as their printer. As most probably know, CreateSpace is affiliated with Amazon, so upon hitting “publish,” the book is automatically listed on Amazon.
But unless a publisher pays a one-time fee of $25 per book, the book will not be listed on Barnes & Noble or much of anywhere else other than Amazon. That’s fine, if the publisher is upfront about that to begin with. Unfortunately, some publishers lead their authors to believe they’ll be sold not only on shelves, but through “all major distributors.” If they aren’t even listed on Barnes & Noble, you can bet they aren’t listed in any of the large book databases used by retailers, schools, and libraries. What does this mean? It means your book is virtually invisible.
Plug in one or two of their titles here to see where their books are sold. Look for new editions, as used editions will pop up everywhere.
5. Are their books copyrighted? I don’t mean do they say they’re copyrighted, I mean are they listed in the Copyright Office? Again, some small presses are upfront about letting their authors know they don’t file copyrights. I have a friend whose publisher lets all authors know they won’t be filing for copyright, but the author can pay the $35 to file if they so choose. That’s fine, if that’s known upfront. But it’s something to know before signing. Common belief is that simply by publishing, your work is protected, but that’s not necessarily the case. I’ve read in multiple places that courts will not automatically recognize your claim if it isn’t filed in the copyright office.
6. Are their books listed in the Library of Congress? As with filing copyrights, some small presses are upfront about not listing with the LOC. But again, it’s something to know before signing because it affects where your books might be listed. For example, my hometown library won’t stock books that aren’t registered with the Library of Congress.
Personal: Signs noticed – hopefully before, but more likely after – signing
1. Does your contract match the statements made on the website? When I originally agreed to a contract with my previous publisher their site stated they would put books on local shelves and would send copies out for review. I had found information during my previous searches to support that claim. I had also been pleased to find that some of their authors had placed in various contests and competitions – all good signs.
Unfortunately, those policies changed just as I signed. We were told that books would no longer be sold in brick-and-mortar stores because the return fees were too high. We (or at least I) never received any official word regarding reviews, contests, or copyrights, but I can only assume review fees (such as Kirkus) were also too high, as were fees for entering contests and competitions or for filing copyrights, as these things were simply (and quietly) not done. Two red flags here: one for not following through with previously promised/advertised services, another for the subtle (or not so subtle) indication that the company was struggling financially.
Nor were books listed with the Library of Congress, although prior to my signing, they had been. This is a free service for publishers who’ve published the work of at least three authors, so I’ve no idea why that changed, but because of the change, my books were not eligible for placement on the shelves of my own hometown library. Had I known these policies would change, I’d never have signed on. Unfortunately I didn’t make sure those items were specified in my contract (aside from the copyright – that was specified in my contract). The other items were listed on the site, but not the contract. Lesson learned. Make sure your contract specifies all the promises listed on the website.
2. Royalties: It seems to be almost accepted in the writing world that royalties will arrive late. There’s a lag between when the book sells, when payment is made to the publisher, and when the publisher pays the author. Most publishers (in my experience) pay either bi-annually or quarterly. The date of payment in your contract should be specific, and payment should arrive on that date accompanied by a detailed statement. Period. If even one pay period passes in which you don’t receive a statement (even if you haven’t sold enough to make payout, you should still receive a detailed statement), that’s a huge red flag.
I can’t emphasize this point enough. If your payment is late and/or it isn’t accompanied by a detailed statement, that’s a problem. It’s amazing how many excuses we can both accept and make for late/missing payments or statements. Bottom line: It doesn’t matter if the publisher fell ill, had a computer crash, misplaced checks, is moving homes, had to open a new bank account, got hacked, lost the mail, etc. It doesn’t matter. This is a business, folks, and it doesn’t make you heartless to expect payment when payment is due. It makes the publisher manipulative to try to avoid paying you by plying you with excuses. Don’t accept the excuses.
There you have it – my hard-won knowledge that will maybe help others avoid some of the pitfalls. As stated above, I think the majority of small presses who fail start out with the right intentions, but due to mismanagement end up on scam lists. Please feel free to chime in with any of your own hard-won (or even not hard-won) knowledge. It isn’t just authors who end up paying the price; it’s readers, too.
Although the original post is geared to warn authors, it should also serve as a warning to readers. Many "scam" publishers scam readers as well by selling poorly edited, poorly formatted, poorly written books.
Given that introduction, here's my previous post:
Google “publishing scams” and you’ll uncover pages and pages of warnings against publishers who mislead and steal from hopeful authors. Writer Beware, Absolute Write, and Preditors and Editors are must-read sites for any aspiring writer.
Some companies (see Absolute Write’s Publish America page here) seem as if they were designed solely to take advantage of not only authors, but readers, too.
Other companies – and I believe this number to be far higher – seem to have been established with the right ideas in mind, but failed for a number of reasons and ended up on the “scam” list just the same. A love of books does not a businessperson make.
Hopefully by now it goes without saying that money should flow to the author, not from the author, so I won’t cover that here other than to say never, ever pay a publishing company – not a reading fee, not a publishing fee, and not a promise to buy x number of copies.
That said, the following is a list of some of the signs to watch out for when querying small presses – independent publishers not affiliated with the “Big 6″ New York agencies. None of these warning signs should be taken as gospel, but when lumped together, should be viewed as enough of a concern to warrant more research. Know, too, that some small presses are very upfront with what they do and do not offer. I’m only speaking about the ones who aren’t, the ones who tell you they’ll do things for you that you later discover they haven’t done.
As readers of this blog and/or my Goodreads blog know, I terminated contracts with my previous publisher in June of this year. Some (but very few) of the following warning signs were starting to become evident just as/immediately after I signed on the dotted line. Others became impossible to ignore as time went on. I’ve divided the signs into three categories: External, Internal, and Personal.
External: Signs on the web
1. It goes without saying in any business one should do some research before signing a contract. How long has the business existed? Are there complaints against it? In my case, I came across a couple of discussion boards on which people had lodged complaints about a lack of payment, but (in my defense) I had also read the website, which made it clear that payment would not be forthcoming until a threshold of $25 was reached. A quick check of Novelrank (Novelrank tracks Amazon sales) showed that those authors probably hadn’t reached the threshold. I filed the information away as something to keep in mind, but pressed ahead.
2. Are they listed anywhere (such as a state database) as a registered business? If so, what type? A sole proprietor? A LLC/LLP? Simply a DBA? The registration of a company (or lack thereof) is a good indicator of business knowledge. A company that throws up a website without registering as a legitimate business isn’t necessarily out to scam anyone, but it would raise a red flag for me and I’d certainly question their business acumen. For example, a business registered as only a DBA or sole proprietor has left not only business assets but personal assets at risk in the event of a lawsuit. I want a company that knows to separate personal from business on all levels. Did I think of this before querying? No. But I should have.
Internal: Signs on the company front
1. The website: Are there misspelled words or broken links on the site? If so, do you really want your books listed with a publishing site that misspells words?
2. Books and authors: There are several things to look for here (things I didn’t know at the time). First, how long has the company been in business, and how many books have they published? This is important, because getting a book ready for publication takes both time and money. If you’re thinking of signing on with a small press that churns books out on a weekly or monthly basis, this should serve as a warning sign.
Can a company publishing books so quickly really give your book the attention it needs to succeed? For example, are they taking the time to ensure the book is properly edited and formatted? Are they taking the time to find quality, relevant covers? Are they taking the time to send books out for review? Are they taking the time to market before publication? If not, these are things that will negatively affect sales – is this where you want your book?
To do further research, check on Novelrank to see if the company’s books are selling. If they’re not, that’s a major red flag.
3. Excerpts and previews: Believe it or not, I’ve seen some sites touting book blurbs and excerpts that contain misspelled words and grammatical errors. If you’re thinking of going with a small press, check out their previews and blurbs on Amazon, Smashwords, etc. Have the books been properly edited? If not…again, a huge red flag.
4. Are their books available on Barnes & Noble? This might seem like a strange question, but there’s a method to my madness. Over the past year or so more and more small presses are using CreateSpace as their printer. As most probably know, CreateSpace is affiliated with Amazon, so upon hitting “publish,” the book is automatically listed on Amazon.
But unless a publisher pays a one-time fee of $25 per book, the book will not be listed on Barnes & Noble or much of anywhere else other than Amazon. That’s fine, if the publisher is upfront about that to begin with. Unfortunately, some publishers lead their authors to believe they’ll be sold not only on shelves, but through “all major distributors.” If they aren’t even listed on Barnes & Noble, you can bet they aren’t listed in any of the large book databases used by retailers, schools, and libraries. What does this mean? It means your book is virtually invisible.
Plug in one or two of their titles here to see where their books are sold. Look for new editions, as used editions will pop up everywhere.
5. Are their books copyrighted? I don’t mean do they say they’re copyrighted, I mean are they listed in the Copyright Office? Again, some small presses are upfront about letting their authors know they don’t file copyrights. I have a friend whose publisher lets all authors know they won’t be filing for copyright, but the author can pay the $35 to file if they so choose. That’s fine, if that’s known upfront. But it’s something to know before signing. Common belief is that simply by publishing, your work is protected, but that’s not necessarily the case. I’ve read in multiple places that courts will not automatically recognize your claim if it isn’t filed in the copyright office.
6. Are their books listed in the Library of Congress? As with filing copyrights, some small presses are upfront about not listing with the LOC. But again, it’s something to know before signing because it affects where your books might be listed. For example, my hometown library won’t stock books that aren’t registered with the Library of Congress.
Personal: Signs noticed – hopefully before, but more likely after – signing
1. Does your contract match the statements made on the website? When I originally agreed to a contract with my previous publisher their site stated they would put books on local shelves and would send copies out for review. I had found information during my previous searches to support that claim. I had also been pleased to find that some of their authors had placed in various contests and competitions – all good signs.
Unfortunately, those policies changed just as I signed. We were told that books would no longer be sold in brick-and-mortar stores because the return fees were too high. We (or at least I) never received any official word regarding reviews, contests, or copyrights, but I can only assume review fees (such as Kirkus) were also too high, as were fees for entering contests and competitions or for filing copyrights, as these things were simply (and quietly) not done. Two red flags here: one for not following through with previously promised/advertised services, another for the subtle (or not so subtle) indication that the company was struggling financially.
Nor were books listed with the Library of Congress, although prior to my signing, they had been. This is a free service for publishers who’ve published the work of at least three authors, so I’ve no idea why that changed, but because of the change, my books were not eligible for placement on the shelves of my own hometown library. Had I known these policies would change, I’d never have signed on. Unfortunately I didn’t make sure those items were specified in my contract (aside from the copyright – that was specified in my contract). The other items were listed on the site, but not the contract. Lesson learned. Make sure your contract specifies all the promises listed on the website.
2. Royalties: It seems to be almost accepted in the writing world that royalties will arrive late. There’s a lag between when the book sells, when payment is made to the publisher, and when the publisher pays the author. Most publishers (in my experience) pay either bi-annually or quarterly. The date of payment in your contract should be specific, and payment should arrive on that date accompanied by a detailed statement. Period. If even one pay period passes in which you don’t receive a statement (even if you haven’t sold enough to make payout, you should still receive a detailed statement), that’s a huge red flag.
I can’t emphasize this point enough. If your payment is late and/or it isn’t accompanied by a detailed statement, that’s a problem. It’s amazing how many excuses we can both accept and make for late/missing payments or statements. Bottom line: It doesn’t matter if the publisher fell ill, had a computer crash, misplaced checks, is moving homes, had to open a new bank account, got hacked, lost the mail, etc. It doesn’t matter. This is a business, folks, and it doesn’t make you heartless to expect payment when payment is due. It makes the publisher manipulative to try to avoid paying you by plying you with excuses. Don’t accept the excuses.
There you have it – my hard-won knowledge that will maybe help others avoid some of the pitfalls. As stated above, I think the majority of small presses who fail start out with the right intentions, but due to mismanagement end up on scam lists. Please feel free to chime in with any of your own hard-won (or even not hard-won) knowledge. It isn’t just authors who end up paying the price; it’s readers, too.
