Brian Keene's Blog, page 203

HWA on Dorchester Boycott

To the Attention of Robert Anthony, President, Dorchester Publishing



Dear Mr. Anthony,



This is an Open Letter on behalf of the Horror Writers Association. We have been made aware of numerous claims by our members and other authors that reflect poorly upon Dorchester's business practices. This is particularly the case with the Leisure imprint. On behalf of our members, I write to remind you that Dorchester/Leisure has been removed from our Approved Publisher List. New Dorchester/Leisure authors cannot use their relationship with your organization as status credits for our Membership categories; nor are your titles published after January 1, 2011, eligible for Bram Stoker Award consideration.



We request that you pay all HWA members who are owed royalties by Leisure/Dorchester no later than April 30, 2011. We also request an immediate assurance that Dorchester will fulfill all your contractual obligations to all HWA members published prior to March 31, 2011; that you provide a full and accurate accounting of royalties due as per your contracts with each HWA member; and that you will pay all future royalties in full and on time.



We also request Dorchester audit your catalog and that of your Associates to determine that no fiction is offered for sale in electronic format in breach of authors' copyright or other rights, and that Dorchester compensate HWA members for any electronic copies of their work that have already been sold in breach of their rights, no later than April 30, 2011.



We request that Dorchester provide immediate active assistance to all HWA members wishing to revert rights where that reversion is consistent with Dorchester's existing policies and/or contractual obligations.



Leisure/Dorchester should also cease and desist from publishing any material written by HWA members where that member has requested Leisure to do so within your mutual contractual obligations, and in any format—printed or electronic.



Should Dorchester complete these requests and show ongoing good faith toward all authors, including HWA members, HWA will reconsider Dorchester's status.



Rocky Wood


President HWA (in accordance with Resolution of the HWA Board)

Delirium Collectors!

For sale via The Marketplace section of The Keenedom, I Love You And There's Nothing You Can Do About It by Gerard Houarner (from my personal collection).

Tim Lebbon Conquers A Mountain

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Photo by Jamie LaChance, 2001

Tim Lebbon is not only one of my best friends. He's also someone I admire as both a writer and a human being. Now, he embarks on one of the most admirable things he's ever done. As many know, Tim lost his mother to terminal cancer. During her illness, his mother received comfort and care from the St. David's Foundation in South Wales. On June 11th and 12th Tim will raise money for them by climbing three mountains – Ben Nevis, Scafell Pike, and Snowdon – within 24 hours, as part of the I'll be undertaking the National Three Peaks Challenge.  Total ascent and descent 9,800 feet.  Total miles walked 27. Please consider sponsoring Tim and donating to this worthy cause by CLICKING HERE.

Meanwhile…

I got a reviewer copy of In Laymon's Terms in the mail yesterday. And yes, it is indeed worth the ten year wait.

Many people on Facebook seem to be unaware that I have books available from publishers other than Dorchester. That might be because they only visit the FB page, rather than this site. In any case, HERE IS THE STORE. [image error]Everything on that page is from a legitimate publisher (meaning if you buy it, I will get paid for it).

My lovely partner Mary SanGiovanni's new $60 book, Thrall, was released today. It's sold out via the publisher, but Horror Mall still has a few copies. And my lovely protege Kelli Owen's new $12 book, Waiting Out Winter, is up for pre-order. I'm sure those of you who read Kelli's debut novel, Six Days, have already ordered this. Those of you who haven't should un-fuck that immediately.

Meanwhile, work progresses this week on the manuscripts for Alone, Hollow Inside, and Hole In The World, the script for The Last Zombie: Inferno #3, and research for Clickers vs. Zombies. In-between all of that, and the boycott, and boxing up stuff for Lifetimers, and editing the next newsletter, and racing around after my three-year old every day, I've been noticeably absent from The Keenedom. Thanks for understanding.

Dorchester Responds…And So Do We

Last week, myself, Bryan Smith, J.F. Gonzalez, and Craig Spector called for a boycott of Dorchester Publishing. Over 200 professional authors and over an estimated 10,000 consumers also joined the boycott. The boycott garnered media attention, birthed a Twitter hash-tag, and spawned a Facebook page. Most importantly, it inspired dozens of other Dorchester authors to step forward and confirm our allegations. Today, Dorchester responded. You can read the entire response here. I'd like to address a few points. Quotes from the article are in bold.

"The remaking of Dorchester Publishing… had been going fairly well until earlier this month when author Brian Keene accused the company of selling e-books for which they no longer had the rights."

Going well? Their landlord and several other creditors seemed to have a different take on things during last Thursday's creditor steering committee phone conference, for which myself and other authors were on the line. More importantly, it wasn't just "Keene" accusing them. Dozens of authors raised similar — or worse — allegations. (This is very important and we'll come back to it in a moment).

"(CEO Bob) Anthony said the call for a boycott is "truly regrettable and not necessary to get our attention, since he has our attention." According to Anthony, after being notified by Keene that some sites had been selling e-books for which Dorchester had reverted the rights back to Keene, Dorchester sent suppression notices to the vendors. After Keene reported that some sites were still selling the e-books, Anthony said they sent another suppression letter telling the vendors they expected the e-books to be removed from sale. "We expected the vendors to act accordingly," Anthony said, adding that "we respect the right of reversion."

The time-line: In late-December 2010, I was notified that suppression letters had been sent, and that "it might take a week or two" for the digital editions to disappear from various vendors' websites. And sthey did. By the end of the first week of January 2011, no digital editions of my work remained available for sale in any format. Then, in late January, they were offered for sale again via Nook. I was told it was a glitch, and another suppression letter had been sent. In early February, digital editions were offered for sale again via Sony. Again, I was told it was a glitch and another suppression letter would be sent. In late February, digital editions were made available for sale again via the Kindle. Again "glitch" and "suppression". Then, earlier this month, digital editions were made available via iBooks. If you guess "glitch" and "suppression" you win a prize.

Here's the thing, Bob. This keeps happening repeatedly, despite your assurances of sending "suppression notices" and despite your expectations that your "vendors act accordingly." For three months, I've been asking for an explanation of why it keeps happening. I've yet to receive one. So despite your claim, I don't think I've had your attention. I don't think any of your authors have. But we do now.

"…the publisher is committed to solving the problem with Keene and treating all authors fairly. Dorchester will pass along all money to Keene on e-books that were sold after rights reverted. "We'll get him [Keene] everything that is owed to him" Keeslar said."

What I want you to do is to stop selling digital editions of my work that you do not have the rights to. And I've repeatedly stated, this isn't just about me. As one romance author said earlier this week, "Dorchester is screwing authors of all genres. My romance writing friends have been affected by this, too, haven't been paid for their work, or have their books held hostage. Brian Keene is speaking out for thousands of authors." Again, this isn't just about me. So while you are at it, Dorchester, here are some other things you can address:

1. Author Tim Waggoner: "Before Leisure's implosion, I got all the rights to my three Leisure novels reverted to me. Imagine my surprise a couple months ago to discover that Leisure is selling e-editions of two of those novels. My agent's on the case, and we'll see what happens — though from what I've seen on other authors' blogs/message boards , Leisure hasn't been responding to agents when they call about such problems. My personal concern is simple: Leisure is profting from selling editions of my books that they don't have the rights to."

2. Author Stacy Dittrich: "(I) never received one royalty check. The publisher claims… didn't sell enough books, but Nielsen book scan says differently. In fact, one of (my) e-books hit 1,000 and…Wait a minute! The publisher doesn't even OWN the rights to the e-books… agent kept requesting a contract but heard crickets. Digging a little deeper… the book, (that the publisher is illegally selling), is available for free. Yes, for free. I will fight this to the finish at all costs… I am using my contacts to secure an attorney who will happily file a class action suit against Dorchester publishing. I am also checking contacts at several law enforcement agencies to see if criminal charges are possible as well. Interested Dorchester authors contact me at info@stacydittrich.com so I can start compiling a list for the class action."

3. Author Mary SanGiovanni: "…I sent a formal letter to Leisure/Dorchester, asking for the rights to my two books back. They were in violation of contract, as I haven't received royalty statements in over a year for either book. I've been told by Leisure that I can't have the rights back to my books. They couched it all in nice-speak, but essentially, they're using the e-book angle to keep our books in print…"

4. Author Vicki Steifel: "Dorchester has done exactly the same thing to me – no royalties… no statements… and illegally publishing my books in On-Demaned and eBook format."

5. Author Craig Spector: "Authors under contract are NOT vendors; they are a separate and distinct class unto themselves. Our books and inventory are separate and distinct. They are NOT meant to be held hostage by creditors in the event of BK proceedings, as salvageable rights to be sold off to repaythe companies debts. That was nowhere in the contract I signed; indeed, the contract I signed is, in my and my attorney's estimation, in breach, and hence null and void, and my rights — including e-rights — automatically revert back to me, the owner of the underlying rights. Both Dorchester's counsel and the independent counsel representing the "loose, informal consortium" of creditors — their words — have been consistently evasive as to where "authors" fit in this mix… Dorchester is in material breach of dozens if not hundreds of author contracts."

6. Author Jana DeLeon: "who managed to get the e-book versions of her titles taken down last autumn because Dorchester didn't own the digital rights, notes that her titles are back as mobile-phone apps—from Dorchester."

That's six. Once you've taken care of them, I have several dozen more for you. And still more are on the way. If you are sincere, then immediately:

*Insure digital editions for which you DO NOT own the rights are suppressed, and the files are removed from your vendors' systems. Send proof of this to the rights-holders.

*Honor the rights reversion requests you are receiving from authors and their agents.

*Send royalty statements. Some authors report not having received a royalty statement since 2009.

*Communicate with your authors. Last week's steering committee was told Dorchester is "paying an average of $5,000 per week toward past-due royalties", yet your authors — the people who are owed that money — were kept in the dark about this.

Until then? Fuck you.

Now, if you'll excuse me, I've had a very long day playing with my three-year old, helping my ex-wife haul topsoil, and talking J.F. Gonzalez down off the ledge. I'd like to shower, put on some pajamas, pour myself some bourbon, light a Partagas, and write something for which I'll be paid.

PS: For a fantastic run down of the entire Dorchester saga, I highly recommend Teresa Nielsen Hayden's time line.

THE LAST ZOMBIE: INFERNO Collector Sets

As they did for The Last Zombie, Overlook Connection is offering signed collector sets of The Last Zombie: Inferno. Limited to 150, each collector set is signed and numbered by me. Each issue is sealed and protected in an acid-free plastic cover with acid-free backing board. The regular collector's costs $27.95 and will ship to you when all five issues of Inferno have been published. Or for $42.95, you can get each issue individually shipped to you First Class. Click here for the regular offer and click here for the First Class offer. There are also a few collector's sets from the first series available.

THE LAST ZOMBIE: INFERNO Collector's Sets

As they did for The Last Zombie, Overlook Connection is offering signed collector's sets of The Last Zombie: Inferno. Limited to 150 , each collector's set is signed and numbered by me. Each issue is sealed and protected in an acid-free plastic cover with acid-free backing board. The regular collector's costs $27.95 and will ship to you when all five issues of Inferno have been published. Or for $42.95, you can get each issue individually shipped to you First Class. Click here for the regular offer and click here for the First Class offer. There are also a few collector's sets from the first series available.

Monday Mayhem

In the midst of the massive amount of press regarding the Dorchester Boycott, here's a story you might have missed: The Wall Street Journal reports that after filing Chapter 11 and putting thousands of dedicated hourly employees out of work, Borders now wants to pay 8.3 million dollars worth of bonuses to its executives. (Could this be why employees in going-forward stores are being pressured to sell BR+?) Former and current employees share their thoughts on this.

Meanwhile, it's Zombie Week over at I Read Odd Books. Click here for details on how you can win five new zombie books, including my new book Jack's Magic Beans.

Dorchester Boycott: Final Thoughts

"You can put a bullet in my head but you can't kill a word I've said."

Suicidal Tendencies

'Give it Revolution'

Just got home from Mary's. I spent all of that three hour drive from Jersey to Pennsylvania on the phone with various writers. I walked in my door, turned on the computer, and found several hundred more emails and messages. I updated the list of professionals who have joined the Dorchester boycott. I only wish I had time to create a similar list for the thousands of readers and fans who have pledged their support, as well.

But that's what it comes down to… time. J.F. Gonzalez and I were talking this morning, and we've decided that we've done our part. We're exhausted. It's been a long few days. Along with Bryan Smith and Craig Spector, we got this ball rolling last Thursday. We'd hoped that some of our fellow Dorchester authors would join in, and they have. I've chronicled some of their experiences here. The comments section here, here, and here are full of more. And dozens of Dorchester authors have taken to their own Blogs to relate their own experiences – including Stacy Dittrich, whose own experience makes mine seem like a trip to Disney World. In short, it wasn't just me or Jesus or Bryan or Craig. The problems are widespread and systemic and indicate a clear pattern of malfeasance on Dorchester Publishing's part. Thousands have joined the boycott. Most are sincere. A sad few, I suspect, are joining simply to be a part of things and get noticed (indeed, despite their public display of solidarity, some folks on this list are still following Dorchester on Twitter, etc.). But hey, you know what? To each their own. I believe that the vast majority of readers, fans, and professionals who have pledged their support will do just that.

And in the end, that's really what it comes down to — where do we go from here? I haven't spoken for anyone else throughout this, and I won't speak for anyone else now, but I'll tell you where I go from here. I'm going to get back to writing. Leading this charge has eaten up every free minute I've had for the last four days, and unfortunately, it is not paying my bills. The landlord and electric company would like their money, so I need to get back to work. But I will stand fast and firm in my conviction. I will not purchase anything published by Dorchester, not even if it's written by my best friend. It is my sincere hope that you will each do the same:

*If you follow them on Twitter, unfollow them.

*If you like them on Facebook, unlike them.

*If you receive their marketing emails, remove yourself from their list.

*If you belong to one of their book clubs, please consider canceling your membership.

*If you are considering publishing with them, reconsider.

*Most importantly, don't buy their books. If you aren't sure how to identify a Dorchester book, check the spine. It should say Leisure Fiction or Dorchester Publishing. If you aren't sure how to identify a Dorchester ebook, here is an example: If you scroll down, you'll see that this Kindle edition of J.F. Gonzalez's Shapeshifter lists "Leisure Books" as the publisher.

For all of the authors and other creditors impacted by this, I encourage you to continue sharing your stories on your Blogs and websites. More importantly, I encourage you to post links to those stories on the Official Dorchester Boycott Facebook Page. Each and every person who has pledged their support should be following that page (unless of course you don't have a Facebook account). Later this week, I'll post a list of attorneys and law firms who have offered their support to us, the authors. If your firm would like to be on that list, please email me. If somebody does indeed organize a class action lawsuit, I'll happily join in, but I'm not going to be the standard bearer. With that in mind, I'd like to centralize the discussion on the Facebook page and the #BoycottDorchester hash tag on Twitter, because quite honestly, I'm one guy and I can't keep up with all the email it's generating — not if I want to write anything for the rest of the year, or spend time with my sons, or do fun things like eat and sleep.

So… the future is in your hands. You can say, "Well, that was fun" and return to business as normal, or you can stand firm and keep up the pressure. The choice is yours. Just know that myself and a lot of other former and current Dorchester authors have faith and confidence in you. Please don't let us down…

The Week In Review

Where to begin? Well, there was a new chapter of Deluge. My latest book, the post-apocalyptic Take The Long Way Home went on sale. Issue #5 of The Last Zombie also went on sale, and we discussed the future of the series. The movie adaptation of Ghoul begins filming in Baton Rouge next month, and will debut on Chiller later this year. Catherine Mary Stewart is part of the cast. There's a free book soundtrack you can listen to while reading Urban Gothic. Christopher Golden and Tim Lebbon were announced as special guests for this year's Horrorfind Weekend. A sad note: April Derleth, daughter of the great August Derleth and head of the venerable Arkham House, passed away. And finally, four former Dorchester authors (including myself) asked our readers to boycott the publisher. A bunch of our peers joined with us. And then more horror stories became public.