Romance Author Wins Libel Case Against Authorhouse

Publishers Weekly reports that a Kansas court has ordered Authorhouse, the POD vanity press,  to pay $230,000 to romance author Rebecca Brandwynne, who was libeled by one of their books, which was written by her ex-husband.

According to court documents, AuthorHouse published Paperback Poison: the Romance Writer and the Hit Man by Gary D. Brock, with his current wife, Debbie Brock, in November, 2003. Some of the more incendiary claims in Paperback Poison
include allegations that Brandewyne broke laws, committed adultery,
plagiarized several of her books, and hired a hit man to kill her
ex-husband, the book’s author.

[…]The Kansas jury ruled for Brandewyne even though AuthorHouse’s
contracts state that the publisher assumes no legal responsibility or
liability “for any loss, damage, injury, or claim to any kind or
character to any person or property” in publishing the works of its
clients. Jay Fowler, an attorney for Brandewyne, maintained that the
“contract does not absolve AuthorHouse of their responsibility.
AuthorHouse published the book, put it on the Internet, did everything
a publisher does. They’re responsible for publishing this book without
vetting it first.”

One of the more interesting aspects of this story is what it reveals about the "success" of self-published POD titles.

Fowler said that AuthorHouse claims 74 copies of Paperback Poison
in total were printed, 21 were given to the author, three were sold,
and the company destroyed the 50 copies they had remaining in stock
after receiving complaints about the book from Brandewyne and others.
“But that book’s still out there,” Fowler said. “Sometimes, [the online
seller] says the book is published by Lightning Source, sometimes
1stBooks, sometimes AuthorHouse. But it all flows back to AuthorHouse.”

Seventy-four copies were printed. Twenty one of those were sold to the author. Only three copies were actually sold to readers. Wow.  No wonder so many aspiring authors flock to these vanity presses. Who wouldn’t pay hundreds — or even thousands — of dollars for a chance at that amazing print run and distribution?

This story just goes to prove what anyone with common sense already knows: that vanity presses make all their money from the authors, not from selling books to readers…and that there is no editorial oversight of any kind.

UPDATE: The folks over at POD-dy Mouth have another perspective on the story:

If in fact, Authorhouse loses on appeal (I’m not a lawyer; I’m just assuming), imagine what that would do to the world of POD?

S-l-o-w- i-t- d-o-w-n.

And
you thought regular publishing was slow! Guess what will happen if (for
lack of a better term) non-publishing professionals have to vet these
books? 

A Cautionary Tale

The LA Times reported today about the tragic downfall of screenwriter Eric Monte… a story that could serve as a cautionary tale for both TV writers and vanity press authors. The once high-flying comedy writer, who had a tumultuous relationship with the Industry even during his heyday, is now living in a homeless shelter. Two big lessons from the article — stay away from crack cocaine and don’t flush your money down the vanity press toilet:

A year of crack cocaine abuse robbed him of money,
dignity and a circle of Hollywood friends. Attempts to sell a
self-published book drained the last of his savings.[…]

With $10,000 from a "Good Times" movie option, Monte self-published a book, "Blueprint for Peace." In it he wrote that peace could be achieved if humanity followed seven basic principles: merge all  nations into one, stop manufacturing weapons of war, adopt one  universal language, eliminate money as the medium of exchange, abandon  the concept of land ownership, abandon the concept of inheritance, and  control population growth. Monte rented a booth at last April’s Los Angeles Times Book Festival,  but he failed to sell a single copy of his book.

"I just have to figure out how to market it," he says. "I know that as  soon as it starts selling, it will sell for 1,000 years."

Writers Are Suckers

You won’t find anybody more gullible, more eager to be scammed, than aspiring writers. Of course, aspiring writers could avoid being taken by simply following one rule: You don’t pay anyone to get published. They pay you. But, apparently, that simple rule is too complex for some wanna-be authors to comprehend. Novelist J. Steven York ponders this problem in a lengthy, excellent post, on his blog:

There is no more gullible, self-delusional, fog-headed being on the
planet than an aspiring writer. So predictable and common are their
delusions that an entire industry of crooks, con-men and scam artists
exists to exploit them, and such a sweet deal it is for them, too. Not
only are most of their scams perfectly legal, their marks are actually grateful to
be scammed! It doesn’t get much better for a predator than that. It’s
like the entire herd of antelope crowding around the lion shouting,
"Eat me! No, eat me!"

It’s so true. Just read some of the mail I get. Just look at the people who’ve applied to Lori Prokop’s Book Millionaire scam, or who still flock to PublishAmerica. One PA author posted this comment on my blog the other day:

To critics of PA read this:
       1) I dont care if PA keeps 100% of my royalties because they risked their money on my book.
       2) I dont care if my books never appear on the shelve of a brick and mortar book store.
       3) I totally understand if PA requires a seven contract because as mentioned before they put up their money for my book,
        When PA accepted my book, it was the happiest day in my life.

How can anyone feel sympathy for someone so deluded? Not so long ago, a woman wrote to me about how excited her daughter was to get a contract for her book from Tate Publishing. What was Tate offering? Pay us $4000 and we will publish your book. When I told her that Tate is a vanity press, and that it wasn’t an "offer," but a sales soliciation, she lamented that her daughter would be crushed because she was so excited that a publisher had accepted her work.  To me, that is the perfect example of  the "scam me please!" mindset of so many aspiring authors. Here’s the reality, as J. Steven York states it:

If you don’t get paid, and I mean up-front, then it isn’t a sale.
People who don’t have money to pay you generally don’t have money
because they aren’t selling books.

You’d think that would be obvious. Well, to many aspiring writers, the obvious is something to ignore. They don’t want to know that they aren’t really being published when their book comes out from Authorhouse. They don’t want to face reality because it will destroy the flimsy fantasy they are living. Or, as York put it:

Most of the writers getting scammed aren’t dumb. They’re nice,
intelligent people who sincerely want to be writers, and have simply
lost their way. Most of them are so invested in whatever flavor of
Kool-aid they’ve swallowed that they not only can’t see the truth, they
don’t want to. Yet most of them are aware, on some level, that
something is wrong. That’s usually why they write me. They have
concerns. They have questions. Just not enough to wake up and look
around. The correspondence, in antelope-terms, usually goes something
like this: "This lion has actually agreed to take me on! Right now,
it’s chewing on my leg. And it’s great! Although, I’m concerned about
the bleeding. And the dismemberment. But really, it’s good! It’s great!
Uh, should there be so much pain? But I’m good!"

It’s sad.

The Book Millionaire Scam

My brother Tod beat me to the news that Lori Prokop‘s Book Millionaire scam is back… a "reality show" that promises to grant the winner the "lifestyle of being a successfully published author" and  "additional prizes to help achieve the goal of Best Selling and
Celebrity Status."

In other words, Lori will publish the winner through her vanity press ("Bestseller Publishing") and they will get a stack of Lori’s self-published books. Wow. Where can I sign up? And as I predicted, back in April when this scam was first announced, "Book Millionaire" won’t be on any television network…it’s going to be on the web. Videos of the suckers, excuse me, aspiring contestants are up on her site. At least one of them is mortified and wrote to me about it:

I fell for it hook, line and sinker…so of course I sent an email to all my friends to sign up on the site and watch for my audition tape and my really smart lawyer friend found your site and now I want to cry!

Lori Prokop’s scam is so transparent, how could anyone possibly fall for it? So that’s what I asked the lady who sent me the email, and she sent me a lengthy reply. Here are some excerpts:

I was a huge Survivor and Apprentice nut — always wanted
to do one of those shows but did not want to eat bugs or work for Donald
Trump.  I was new in self-publishing at the time I sent in my tape….my passion for this business has become my mission.

I have a circle of amazing friends who are always in the spot light–I thought it would make great television so
thus I believed the concept. I have a friend on the American Inventor Show,  a friend who was
the first person voted off of Survivor and a friend that was on the Today Show…

I have read some best
sellers that I felt where only best sellers because they were marketed correctly and I have read some awesome books that will never be on the best seller because they don’t understand marketing.  So I believed in the concept. Thinking back I was amazed she was also from Wisconsin.

Wisconsin? What difference does that make? Clearly, this aspiring writer wanted to be a celebrity so badly, and was so jealous of her friends who got on TV, that she jumped blindly into this ridiculous scam without bothering to notice that, even if she won, she would get none of the things she was dreaming of. Lori Prokop can’t give anyone  "the lifestyle of a bestselling author" or "celebrity status"…all she can do is offer contestants some of her self-published "get-rich-quick" books, a cheaper rate on leased cars, and tickets to one of her motivational speeches at a Unitarian church.

I have no sympathy whatsoever for the suckers who fell for her scam… they deserve the humiliation and disappointment they are in for. They didn’t think about what they were being offered ("the lifestyle of a bestselling author??"). They didn’t do any research into Lori Prokop or Bestseller Publishing (ten minutes on Google would have been enough). Instead, they gladly deluded themselves because they wanted Lori’s empty promises and outrageous claims to be true…they wanted a short-cut to their dream of being published authors. They have no one to blame but themselves. It’s hucksters like Lori Prokop, who profit on the desperation of aspiring writers, that infuriate me.

UPDATE 4-2-06:  My brother Tod and I aren’t the only bloggers outraged  by huckster Lori Prokop’s Book Millionaire scam. Journalist Richard Cobbett writes:

Is it wrong to hope that people like Lori Prokop wake up one day to find
their intestines crawling with tapeworms?

If she did, she’d try to sell them on the Internet  as "miracle healing tapeworms."

 

Tit for Tate

For some reason, I've received lots of emails lately asking about Tate Publishing. Here's one:

My daughter (14 years old) recently submitted (through her school) a children’s book that she wrote.   Surprisingly, she received a contract to publish her book from Tate Publishing.  However, they are asking us to invest almost $4,000.  I am simply trying to determine if Tate is a vanity publisher, POD publisher, or what?  I want to support my daughter, but I want to be educated first.  I cannot find much on the internet about Tate Publishing.  Any information you could provide would be greatly appreciated.

I can't imagine why any school or responsible teacher would submit student work to a vanity press, but that issue aside, here's what I told her (which will be familiar to any of you who read this blog on a regular basis):  Legitimate publishers pay YOU, not the other way around. Any publisher that asks you for money in return for "publishing" your book is a vanity press.  If you are intent on publishing your daughter's work in book form yourself, go to Lulu, you won't have to pay a penny out-0f-pocket, or you can create an ebook edition for the Kindle and sell it on Amazon absolutely free.

Here's another email I received about Tate:

What can you tell me about Tate Publishing Co? Unfortunately, I have already invested almost $ 8,000 in 2 books, both of which are now published. I visited their offices twice, met the staff and felt they were legit Christian organization.

I don't know what being Christian has to do with anything. What makes him think that a Christian won't rip him off? I guess he 's unfamiliar with most TV evangelists and their "send me your cash" brand of faith and spirituality. But that's a different issue. 

As far as Tate goes, I told him basically the same thing I told the other person: Tate is a vanity press. They make their money selling books to desperate, naive, and gullible authors, not to readers. You can self-publish your book, for now cash out-of-pocket, elsewhere. But if you are intent on throwing your money away, I'm sure you can find some Christians at another, far less predatory, vanity press who will print your manuscript in book form for much, much less money.  

Updated 2/10/2010

UPDATE 6/1/2012: Those lovely people at Tate are in the news again, this time for firing 25 employees and threatening others who dared to speak about the company's plans to outsource their sleazy vanity press operation to the Phillipines.

Tate Publishing President Ryan Tate said the company is opening an office in the Philippines, but denies there are any layoffs planned. He said the 25 workers who lost their jobs Thursday were terminated for breaching confidentiality agreements in their employment contracts after leaking rumors about the outsourcing.

[…]In a recording of an employee meeting held this week obtained from a Tate employee by The Journal Record, Ryan Tate threatened to sue staff members and file liens against their houses and cars if they violated their employee contracts by talking to the media or sharing information about the company on Facebook and Twitter.

In the recording, Ryan Tate said he would fire 25 production workers after no one came forward to take responsibility for the anonymous email sent out to employees on Sunday that decried the rumored layoffs.

“Good people are going to lose their jobs – it’s not fair,” Ryan Tate said in the recording. “It’s not right, but that’s the reality of the situation. Jesus himself is the perfect mix of mercy, grace and justice. I have probably failed you in that I have been a little too lenient and a little too on the side of mercy and grace and not on the side of justice.”

At the meeting, Ryan Tate then went on to say several employees had already been named as defendants in a $7.8 million lawsuit for breaching their employee confidentiality agreements. A search of state and federal court filings revealed that no such litigation has been filed as of Thursday, a fact Ryan Tate later confirmed. 

Lori Prokop to the Rescue

Lori Prokop, the self-described "selfless supporter of families, children and animals," is apparently tired of blogs like this one mischaracterizing her as a get-rich-quick huckster. In fact, "her life goal is to advance the well-being and enlightenment of humanity" when she isn’t selflessly striving to help the downtrodden "achieve the goal of Best Selling and Celebrity Status"  and showing "people how to choose most any car off the showroom floor and drive it free while our company makes your payments."

So Lori Prokop, who "lives in and creates from the upper energy levels of life  (Anyone can choose to live and create in these powerful upper levels as detailed in Lori Prokop’s Life Guidance System)," is tackling the problem as only she, Lori Prokop, can:

Blogs are a powerful force for good in the hands of those people living in their upper level energies/emotions and less-than-good in the hands of those living in their lower level energies/emotions. (Continue reading to learn about the Energy Mastery System.)

Lori Prokop has an upcoming work being release called, “Launching from Good to Great Online,” which is a definitive work on blogs where she interviews leaders and experts in blogs and human psychology.

I, for one, am looking forward to this definitive work which, no doubt, will be published by Bestseller Publishing, the vanity press run by future Nobel Prize winner Lori Prokop, who describes herself in her fascinating and definitive mass mailings as "Leading Expert, Author and Creator of books, CDs,DVDs, Online Videos, workshops, television shows, speaking and more!"

To learn more about this selfless individual, who has  profound "respect and humanistic regard for all species," (She is, afterall, the visionary who asked the burning question: "Where are the best sellers by Doctors of
    Chiropractic?”)
just read her previous definitive books, like "Awaken Your Million-Dollar Intuition," "77 Streams of Super Lucrative
Income for Authors, Experts and Speakers," and Employee No More: How to Stay Home and Still Make Money."

You, too, can feel her humanistic regard, especially for those species who possess a Visa or Mastercard.

Publish America Arbitration?

If you’ve  been suckered by Publish America (ie that would be anyone and everyone who has signed contracts with them), you might be interested in this tidbit that was posted on Backspace and emailed to me from a friend:

Predators & Editors is seeking PA writers who wish to face PA in arbitration. A fund has been organized to make this possible, but writers must have documentation as we can only select cases where success is likely. Contact me, Dave Kuzminksi, at prededitors@att.net if you wish to be considered.

I don’t know Kuzminksi, so I can’t vouch for the legitimacy of the arbitration. But I thought I’d pass it along anyway

The Storm over Quiet Storm

Yet another print-on-demand press has abruptly folded. The latest casualty appears to be Quiet Storm which, according to several outraged authors, has suddenly stopped delivering pre-paid orders for books, paying royalties and answering inquiries.

This leaves authors with books in the Quiet Storm pipeline in limbo, unsure if or when they will get the rights to their unpublished manuscripts back. This is an awful situation to be in — sadly, I know from personal experience when, twenty years ago, the original incarnation of Pinnacle Books went under, taking my royalties and one unpublished manuscript down with them.

I feel terrible for these authors, many of whom are friends of mine, but their unfortunate plight should be a warning to anyone still considering getting into business with a so-called P.O.D. "publisher" (especially those that began as a vanity enterprise for the  "editor/publisher" which, in the case of Quiet Storm, was author Clint Gaige). Most of these are shaky operations at best, with little or no retail distribution.

If you’re considering signing with a P.O.D. press:  reconsider.

POD: Prey On Dimwits?

I got this email today. I have deleted the name of the book and the author:

I read something you
wrote about AuthorHouse and its too-good-to-be-true (because it is) package and
stuff, ending with “whoever signs up for this ‘publishing package’
is a dimwit who deserves to be taken for every last cent he has”.

Guess what….You’re
looking at one. Wish I’d read this missive before dealing with
AuthorHouse. POD means “Preys On Dimwits”. If that fits, pass it
around. Just don’t tell AH I said that. (groan)

My long-awaited (by me and my friends anyway)book XYZ went live in October 2004.
Blood, sweat and tears went into that damn thing. I was placing my “baby”
in the hands of people I trusted. (BTW, my contract with AH runs out in Oct.
2006) Really a shot in the arm to get my 30 free books (which I mostly GAVE
AWAY, thinking nobody would actually pay the $11.95 AH wanted for it. I get
like 80 cents per book). I went through the finished product and proofread it
after the fact….why? Because I couldn’t afford the proofreading
services like everything else they tacked onto the bill. Typos fixed at $10 a
word (or close to it). A typo on the back cover took $30 to fix. Punctuation
problems blamed on me. Because they print, word for word, everything you give
them, typos or not. If that is not a red flag my friend, it should be on fire. I’ve
made a whopping $17.98 or so. They sent me my W-2 form for the tax returns. Oh,
break out the bubbly!

I sunk more than $1000 into the PRINTING, not publication, of my book (a trade-sized
paperback) that is in the middle of being rewritten (typos removed, new characters, new crises and fleshing out of the story; it’s called “author’s remorse”  [you could’ve done better before it went to print]. I want to send this to a REAL publisher…. “Traditional” means nothing nowadays).

Long story short, I like what you write about this POD stuff. Just sorry I didn’t read it
sooner. Think I have any hope?

You’ve learned an important and  expensive lesson. Now, if I were you, I’d focus less on getting published and more on just writing a good book. Because in addition to going to Authorhouse, you made another serious error — you sent in a deeply flawed manuscript. The punctuation problems are your fault.  And by your own admission, the manuscript still needed work. So here’s another lesson you can glean from this experience — don’t submit a manuscript to agents or editors that’s riddled with typos, punctuation errors and has a lackluster story that needs new characters, new crises, and fleshing out.   

Out of Options?

I got this email while I was away. The subject heading was "What to do after you’ve exhausted every resource in writing?"

Greetings.  First off, I am a potential author.  I say potential cause I’ve yet to get anything published.  Have about four finished manuscripts under my belt and I’ve exhausted
agents, publishers, some even overseas.  I’ve found nobody willing to take a chance on rookies (and I’ve got so many rejections that I’m thinking about wallpapering the bathroom).

You discourage the use of POD’s, but what’s a person to do when no other options are available?  Self publishing, perhaps, but cost of DIY is astronomical for some of us.

Could you give some insight that would light the darkness?  Any help will be appreciated.

I have some insight, but I don’t think you’re going to like it. You haven’t "exhausted every resource in writing," you’ve received some rejections. Big deal.  If you can’t handle rejection, you aren’t cut out to be a writer. It’s part of the job and certainly doesn’t end once you are published or produced.

The painful truth is that your rejections probably have nothing to do with people being unwilling to take a chance on a rookie. More likely, your novels aren’t marketable, they weren’t right for that publisher or agent, or they simply suck. What do you do? If you have confidence in the manuscripts, keep sending them out and start writing something new. POD self-publishing isn’t really an option, it’s just a way to spend hundreds of dollars printing your rejected manuscript in book form for your relatives to buy (if you nag them hard enough).  But if you have the money to waste and your goal is only to see your manuscript in something resembling a book, then go for it. You won’t have to work so hard and you certainly won’t get any more rejection letters.