Found Money

It used to be that once a book fell out of print, and the rights reverted back to the author, that was pretty much the end of the line for that particular title. That changed several years back when the Authors Guild  teamed up with iUniverse to launch the “Back in Print” program for previously published books. For no charge to Authors Guild members,  iUniverse scans a copy of the out-of-print book, designs a new cover, and offers it as a print-on-demand paperback with the author getting a 20% royalty from every sale. A lot of authors, including William F. Buckley, Hank Searls, Robert Bausch, Walter Satterthwait, Jerome Doolittle, Tony Fennelly, Lawrence Shames, Don Pendleton, Lawrence Block, Richard Wheeler and yours truly have taken advantage of the program.

The Authors Guild reports that in 2007 alone they sold 46,844 formerly out-of-print titles, accounting for $566,382 in sales and earning authors $99,530 in royalties…or, as I look at it, found money.

I have three out-of-print titles that have been available through the program since 2002. The royalties have steadily dwindled over time. In 2006, I earned $406.24. In 2007, I earned $179.65. So far in 2008, I’ve earned $69.32. Not a lot of cash but it’s better than nothing…and best of all, I don’t have to work for it.

The Mail I Get – Cringe-Inducing Edition

I got an email today from an author who wanted to convince me that her POD novel was terrific and that I should read it. She wrote:

My book XYZ won a Reviewers Choice in Affaire de
Coeur, five wonderful reviews on Amazon and I’ve
developed a smallish but loyal following who want my next books as soon
as it comes out.

I cringed when I read that. It’s bad enough when an aspiring writer makes the mistake of going to a POD vanity press or having their book published by an amateur POD pseudo-press run by a barely literate, self-published author. But when you promote your book by touting your “five wonderful reviews on Amazon” you only make yourself look like a fool. Those reviews are meaningless.

Don’t get me wrong, they are nice to have, flattering to you personally, and might sway a browsing customer to buy your book. I am grateful for every positive review that I get from readers on Amazon and other online bookselling sites.

But never, ever, EVER use those reader reviews as a selling point to an agent, editor, or reviewer or they will run screaming away from you and write you off forever as a wanna-be.
Nobody in the publishing business cares about five positive reviews on Amazon. Nobody. Getting a 150 positive reviews might attract some attention but even then what really counts are actual sales.

And what, exactly, is a “smallish but loyal following?” Ten people? Fifty? A hundred? Your Mom and her friends around the pool at the retirement home? Again, it’s sales that count, and moving a few dozen books still isn’t going to attract much attention. Nor will a couple of hundred. But a thousand sales will get you noticed. That’s something you can tout…if you can back up the claim.

UPDATE 7-29-08: The author of the email is published by Light Sword Publishing, which is co-owned by the advertising director of Affaire De Coeur. So if all this author has to tout her book is a review from the magazine and “five wonderful reviews” on Amazon (one of which was from *another* Light Sword author), she’d be better off letting her book speak for itself.

When a Wanna-Be Publisher Becomes a Scammer

Scam-busting author Victoria Strauss’ post on Writer Beware about the fraud judgments levied against Linda Daly’s Light Sword Publishing has provoked an interesting debate on her blog. Along the way, Strauss has made some important distinctions between a genuine “small press” and a pseudo-publisher:

There are many
excellent small presses, which function entirely professionally and are
taken seriously by readers, writers, and publishing professionals.
Reputable small presses have always been an honorable alternative to
large commercial houses, and there are more of them now than ever.
These professional small presses, however, are NOT equivalent to the
Light Swords of the world, which are run like pocket dictatorships by
people who know absolutely nothing about editing, publishing, or book marketing–never mind running a business–and aren’t interested in learning.

I want to take that a step further (as I did on her blog). I’m on the Mystery Writers of America’s membership committee, which reviews applications from publishers
who want to be on our Approved Publishers list. In that capacity, I’ve encountered an astonishing number of
so-called “small publishers” who turned out to be nothing more than aspiring writers who bought some ISBN numbers and opened an account with a
POD company.

These pseudo-publisher are a mix of true scammers (like PublishAmerica, Airleaf, etc.) and people who
set out to do no harm but simply have no clue what being an “editor”
and a “publisher” really involves.

To me, an inexperienced
“publisher” becomes a scammer when they start touting marketing,
editorial and publishing experience they don’t actually have, when they
make promises they know they can’t keep, and when they begin charging
authors to get into print (another sign is when a court declares them
guilty of defrauding authors, as is the case with Light Sword).

The authors are inevitably tainted by their association with a scammer or an inept wanna-be publisher. As Victoria says:

This is not to say that good books can’t be published by amateur
micropresses. […] The enormous number of unpublishable books
with which society has been lumbered as a result of the proliferation
of micropresses–not to mention the POD self-publishing services–is an
annoyance and a nuisance, but the real tragedy of all these faux
publishing options, in my opinion, is that they can entrap writers
whose books deserved better.

That
said, the aspiring writers entrap themselves with their desperation, impatience, gullibility, and their
laziness.

The majority of writers who have been scammed by PublishAmerica,
Authorhouse, Airleaf, Tate, Quiet Storm, Light Sword and countless other vanity
presses and pseudo-publishers could have easily avoided their fate by
using common sense, doing a tiny bit of research, and asking some basic
questions about the professional qualifications and experience of the
people they were getting into business with BEFORE signing a contract. Others were simply looking for a short cut and discovered the hard way that there aren’t any. But I think Victoria said it best:

There are any number of reasons why writers ignore clear warning
signals, including the frustration of a long and unfruitful publication
search. Other writers, of course, don’t take the time to learn about
the field they’re trying to break into, and don’t know what the warning
signs are. But whatever the reasons writers fall victim to schemes and
scams and amateurs–and with every effort to maintain respect and
compassion for those victims–writers need to understand that THEY
ARE RESPONSIBLE for educating themselves, for researching their
options, and for making informed (as opposed to wishful or ego-driven)
decisions.We don’t help them by pretending that this isn’t so.

UPDATE: Blogger Michele Lee makes a strong case (with great links) that it’s time that authors took more responsibility for their poor choices:

The blame lies with both parties of course. Much of the behavior of
scammers and crappy publishers is reprehensible and inexcusable. But
there is so much information available to writers these days. We don’t
live in the world of ten years ago. There are so many places to research agencies and publishers these days (and for free!). I simply do not understand. There’s no excuse anymore, other than sheer newness, not to be a well researched. I suspect the professional publishing world is starting to view
things this way as well and the tolerance for lazy writers is severely
plummeting.

Falling on your Lightsword

Seaof_Lies_CVR_Daly-263x381
The wonderful Writers Beware blog reports that Lightsword Publishing is a scam run by imbeciles (no news to anyone who is a regular reader of this blog) and that the owners have been successfully sued for fraud by one of their swindled authors:

Linda Daly, Bonny Kirby, and Light Sword Publishing were sued by one of
their authors for breach of contract, fraud in the inducement, and
intentional infliction of emotional distress. (Writer Beware has seen
the complaint, as well as numerous other documents involved in the
lawsuit). 

Although the defendants filed a counterclaim,
alleging that it was really the plaintiff who provided
misrepresentations and breached contract, the plaintiff was ultimately
successful. On April 15, 2008, a default judgment in the amount of
$15,342.64 was entered against Bonny Kirby, and on July 8, 2008, a
default judgment in the amount of $16,558.63 was entered against Linda
Daly and Light Sword Publishing.

Linda Daly bills herself on her website as an “author, screenwriter, and now publisher.” Uh-huh. Let’s look at that, shall we? As an author, all of her titles have been self-published. As far as being a screenwriter goes, she must be unproduced, because she’s not a member of the WGA nor can I find any screenwriting credits for her on IMDB (or anywhere else). As for calling herself a publisher, well, I think the lawsuit and the cover of her latest book say it all. Her stunning editorial skills are on full display in the description of her book on her site (all the errors in spelling, punctuation, capitalization, and grammar are her own):

From Detroit to the Isles of Scotland;  a deadly sea of lies is exposed as a super-spy solves another treat to world security, or is it deadly greed by a man shamed into giving up his heritage. This riveting tales has been adapted into a ‘Feature’ film and is currently being considered for production.

The Mail I Get – July 4th Weekend Edition

A self-published author sent me this email today. I have removed his name to save him embarrassment.

I, XYZ, author of the book [Really Pretentious Title] am looking for an agent who will work on percentage. I am
planning on publishing two more books in the near future. If you are interested
please feel free to call me at ###-###-####.

I replied that first of all, I am not an agent, so why would I be interested? And even if I was an agent, his pitch  has no salesmanship whatsoever. Why would any legitimate agent bother to respond? It’s amazing to me how clueless some people are. It’s no wonder the vanity presses do such good business.

I also got a note from a Monk fan, who is troubled by something on the covers:

In the books, you mention that
everything in Monk’s life must be an even number or it upsets him to much.
However, in the show and on the cover of the books, he is wearing a jacket with
three buttons on it. Is there a reason why? I just happened to notice and would
like to know why.

I replied:

Why? Because Monk isn’t real. the person on the cover is an actor. I mean no offense by that answer, but there are lots of continuity
mistakes in the show….which is bound to happen,
since it’s all make-believe anyway. It’s not always possible,
economical, or reasonable to remain consistent with everything that’s
said and done in 100 hours of tv (and seven books) . The priority for
everyone involved is to make an entertaining, great-looking
show…whether Monk, or rather the actor portraying him, is wearing three buttons on his jacket or not ultimately doesn’t
matter. You could also argue, for instance, that all of his shirts and
his jackets have a pattern on them that isn’t consistent or
symmetrical…so how can he ever wear them, regardless of how many
buttons they have? Bottom line…it looks good and its cheaper for the
wardrobe department. So my advice is to relax, it’s just a TV show!

My favorite email of the weekend (so far) comes from someone who wants my help usurping me as the only author of MONK novels. He wrote, in part:

A friend and I co-wrote a script for
MONK […] I notice that you write books based on the MONK series, and was
hoping you could tell me what my friend and I can do to turn our script
into a book. […] I figure you are the expert
here. Please, what do we need to do? What permissions do we ask for,
and would we have to contact the network? I hope you can help us. We love the show, we’ve grown very close to the characters, and we believe we have a good storyline here.

I congratulated him on completing their spec script and told him that, unfortunately, my publisher isn’t in the
market for other writers for the MONK books since they have me under contract for a few more and I seem to be doing a pretty good job at it. What chutzpah. Did he really think I’d help him take my job? He got right back to me:

My co-writer and I wondered if you would be interested in our script,
in terms of you turning it into a book. (And we both think we’ve seen
at least one other MONK book written by someone else. Is that possible?) It’s awfully hard to let go of this plot. We would love to see
someone turn this into a MONK story, one way or the other.

I informed him that he was mistaken about another author writing MONK novels and I politely passed on his generous offer to use their screenplay as the basis for a book.

Defend the Defenders

Dawn O’Bryan-Lamb has established the Author Advocate Defense Fund  to help the bloggers, web sites, and organizations being sued by literary agent Barbara Bauer:

“On September 20,
2007, Barbara Bauer filed suit in New Jersey against a list of
defendants, ranging from the Wikipedia Foundation, to message board
owners, to bloggers.

More information about the precipitating events can be found in the archives of Making Light. There is additional information about the case regarding Wikipedia at the Electronic Frontier Foundation site. 

 Another defendant is Science Fiction Writers of America for its Writer Beware “thumbs down agencies” or “Twenty Worst” list. Yet another is the former and current owner of  Absolute Write which has a thread about the Plaintiff on their site. 

Defending
oneself against a lawsuit is expensive, and many of the author
advocates being sued could use help to pay the many legal costs
involved, which are adding up over these past 9 months.

I’ve
set up a PayPal site where you can donate to help these writers with
their legal fees. Any amount is welcome. Any fees assessed by PayPal
will be covered, so your full donation goes to the legal defense fund.
All funds will be disbursed directly to the defendant’s attorneys in
equal shares.”


It’s a good cause. I urge you to make a donation.

UPDATE 7-4-08 : Score one for the good guys. Bauer’s lawsuit against Wikipedia has been thrown out by the court. The Ashbury Park Press reports:

Judge Jamie S. Perri dismissed complaints by Barbara Bauer and her
company, Barbara Bauer Literary Agency Inc., against Wikimedia
Foundation, the owner and operator of online encyclopedia Wikipedia.

Bauer in court papers alleged that Wikimedia Foundation defamed her by
publishing numerous false statements, including one that said she was
“The Dumbest of the 20 Worst” literary agents and that she had “no
documented sales at all.”

Perri cited the Communications
Decency Act, enacted by Congress in 1996 to promote free speech over
the Internet. The act immunizes a provider of interactive computer
services from liability for publishing content provided by another.

This judgment dealt only with Wikipedia, not the cases brought against the 19 other defendants.

Harvesting New Suckers

As I warned back in December, it appears that the Jones Harvest vanity press is following the loathsome example set by Airleaf, the notorious publishing scam, and is targeting the elderly with false promises of bestseller success and instant celebrity. The Airleaf Victims blog reports:

In the past six months, I personally have received nine different
horror stories about Jones Harvest Publishing primarily from senior
citizens who invested thousands of dollars into an Airleaf-type dream
and in all but one case, after they invested and lost thousands of
dollars at Airleaf.

[…]When the
first set of victims came to me in November, I told them to request
their money back as I did all of the future ones who wrote to me. Some
of these new victims had their money returned after they wrote Jones
Harvest a letter threatening to report the company to the FBI and
Attorney General. However, there are other victims whom I have recently
learned about who have not had their money returned.

[…]Another note of interest: Part of the hook is promising reviews to customers. In a standard letter, it stated:
"Also
enclosed is a review we've received after sending it to a professional
reviewer… "

People pay Jones Harvest to get their books
reviewed. I read the review. It was signed by Tim, Brien's former phone
receptionist and college nephew. His title under his name was "Media
Researcher and Educator, T&R Reviews." The T&R stands for Tim
and Rosa, Tim's wife. That's really a credible "professional" source to
pay money for, isn't it?

It's no surprise that Jones Harvest is running the same, old scams.  Jones Harvest was founded by former Airleaf exec Brien Jones. I love this part of his pitch, which he has the gall to make to the Airleaf victims:

We will not be satisfied until we place [Your book] in bookstores
everywhere and [You] is a celebrity. This program has a one-time fee
of $7500. There are no further charges of any kind.

Sincerely,

Brien Jones, President

P.S.
In your case, the price is $5,000. That is my way of apologizing for
the past misfortunes AND showing you what we can accomplish at cost.
Please keep this offer confidential. All but a very few authors must
pay full price.

The solicitation is straight out of the Bookman Publishing/Airleaf book of scams and, if the Airleaf Victims report is accurate, is just as dishonest (That said, I have a hard time feeling sympathy for any Airleaf sucker who falls for this scam, too. Those people are beyond stupid…they must be brain dead).

It seems that Jones is intent on meeting the same fate as his mentor Carl Lau, the Bookman/Airleaf conman who lost his vanity press business and is finally being prosecuted by the Indiana Attorney General for his scams. I just hope the Attorney General's office doesn't take as long to investigate Jones Harvest as they did to look into Airleaf.

The Mail I Get

I got this email today:

Hi,
Who the hell you are indeed!
Happened to come across
your website and couldn’t believe all the crap you have written about
iuniverse. I did publish with them not because I had a choice, but
because none of the so called legitimate publishers would take a look
at anything that is written by a person like me.   
Why am
I bothering writing to you? Because, indirectly, you are raining on my
parade. And I do not like it!

It’s not my problem that you have a hard time facing the truth. iUniverse is a vanity press, pure and simple.  iUniverse isn’t a publisher. They are a printer. They will print anything from anyone as long as the customer has a credit card. You still haven’t been published, you have merely gone to the online equivalent of Kinkos to have your manuscript printed in something resembling a paperback book.

Of course you "had a choice."  When genuine publishers declined to publish your manuscript, you chose to pay to have it printed by an online printing company rather than rewrite it, or stick it in a drawer, or move on to something else. 

The fact is, you still haven’t been published. You are deluding yourself if you think otherwise. In all likelihood, you will never get anything close to your investment back. That is the reality.

UPDATE: For the heck of it, I looked up the author’s POD book. Not only did she pay iUniverse to print it, she also paid bookreview.com to give her a positive review. How sad.

UPDATE 5-17-08: She wrote to me again. She wrote, in part:

What you are stating is from the point of view of
someone seeking recognition and making a living from writing. However, there are
people like me who do not share your ambitions. As long as my book gets in the
library, on the shelve of a bookstore, or is available through thousands of
retailers all over the world so people who share my concerns on particular
issues can buy my books, I have achieved my goal.

I replied, in part:

That’s the fallacy.
iUniverse books DON’T get into libraries, on the shelves of bookstores, or into
thousands of retailers all over the world. They have no distribution. They are not available in brick-and-mortar stores. Your book
can be found at web sites like iUniverse (and who shops there??) and Amazon, though even that will be ending soon, since they will stop carrying POD
titles that they don’t print themselves. The fact is, 99% of booksellers and libraries won’t touch a
print-on-demand, vanity press title.

I am glad you are a happy
customer of iUniverse…that’s great. But that doesn’t negate any of the things
I have said about them or the vanity press industry…or how they prey on the
desperation and gullibility of aspiring authors, whether you want to make a
living as one or not.

She also wrote:

All that speculations about my personal circumstances are nothing more
than a demonstration of pointless arrogance. I did not sent you an email to
seek some sort of validation from you, to ask your advice or to open my eyes to
the "truth". It was the  fact that in your obsessive–smart ass attitude
towards  iuniverse–you forgot, or failed to make the distinction between the
institution and the people who benefit from its existence. It shows certain lack
of imagination when one can’t separate one from the other. Pissing on people’s
parade (I have been too generous in using the conventional metaphor) is not
the right way to get even with iuniverse or any other ‘vanity press’.
 
Thank Goodness, we do not share the same perception of reality, for I do
not live in your bubble.

Indiana Attorney General Prosecutes Airleaf

The Airleaf Victims blog reports the terrific news that Indiana Attorney General Steve Carter has filed a lawsuit against Carl Lau, founder of Airleaf and Bookman Marketing, for violating the state’s Deceptive
Consumer Sales Act by "taking money without providing
the promised services in return."

"More than 120 people
are named in the lawsuit, including many from Indiana who lost
thousands of dollars,” said Carter. “In fact, hundreds more may have
lost money. They paid for services. Airleaf did not deliver, and now,
those consumers deserve refunds.”

[…]In addition to consumer restitution, the attorney general’s office is
seeking civil penalties of up to $5,500 per violation, as well as
investigative costs.

The action doesn’t go nearly as far as the Airleaf victims would like — or Lau deserves — but hopefully it will send a strong message to the vanity press industry, especially those ex-Airleaf execs who have started their own POD-presses.  Writers Beware notes:

Airleaf has spawned several publishing enterprises run by ex-staff–including Fideli Publishing, a fee-based publisher whose marketing packages bear an eerie similarity to Airleaf’s, and Brien Jones’s Jones Harvest Publishing,
which also charges fees for publishing and offers many Airleaf-style
services (Writer Beware has gotten some advisories about Jones
Harvest’s email solicitations,
and Mr. Jones has recently chosen to reimburse several Jones Harvest
authors who alleged performance problems). If you trace the family tree
backward instead of forward, you arrive at the Big Daddy of POD vanity
publishing, AuthorHouse, where Brien Jones was employed before he
co-founded Airleaf’s predecessor, Bookman Marketing. It’s a tangled web
indeed–which, sadly, is not unusual in the murky world of vanity POD.

Unfortunately, many Airleaf victims haven’t learned from their mistake…and have simply moved on to other POD vanity presses, including those run by former Airleaf execs.

The Mail I Get

I got this email the other day:

Have you ever heard of "Writers Book Publishing Agency"? That’s the name. Seemed a bit generic to me, so I am suspicious. Their web page indicates that they are a reletively new lit agency, and are seeking authors. Having tried to obtain an agent for a year now, they sound too good to bet true. Their client list went like this: Joe, who is an electronic engineer wrote his first book…..etc….etc.  Mary, a housewife, is working on her second novel in which she…..etc…..etc. I know the authors need their privacy – but…….does this not sound suspicious to you?

Of course it does. And it should sound suspicious to anyone with an iota of common sense.

They are a well-known scam that has also gone by the the names "Children’s Literary Agency," "The Literary Agency Group, Inc" and "ST Literary Agency,"
among others. Your first tip-off that they aren’t legit should be their name:  "Writers Book Publishing Agency." What reputable agency would call
themselves that? Agents aren’t book publishers.

If the name of the company wasn’t tip-off enough, you’ll notice they don’t list a single author among their clients, only plumbers, housewives and, well, other suckers.

Writer’s Beware lists the "agency" among their top twenty worst agents. You can find out more about them here: