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Between A Tempest And A Hard Place: My Feud With PublishAmerica (Part One)

By Timothy N. Stelly, Sr.
Dec. 12, 2005

PublishAmerica is a notorious “author mill” that makes promises to its victims/”authors” than it has no intention of keeping. Their ambiguously worded contracts are some of the most one-sided in the publishing industry. When it comes to paying their authors, they simply breach the contract knowing that most don’t have the financial resources or knowledge to proceed with a civil case. I am embarrassed to admit that I too, was duped by these vultures. I have called for other authors to join my efforts to initiate a class action suit. (For details go to http://www.publishamericasucks.com/authors.html). Below is the first part of my story.

This four-part series of articles is dedicated to the kids of America who burn their parents’ electricity late night, trying to get that one sentence “just right”. And for the mothers who understand. For the future poets and story crafters who dream of seeing their name in print: Be careful what you wish for, you just might get it.

I was simply overjoyed when I received the following e-mail:

Subj: Tempest in the Stone

Date: 3/22/2004 1:08:52 PM Eastern Standard Time

From: Alexandra Windsongalexandra@publishamerica.com

Dear Mr. Stelly:

“I am happy to inform you that PublishAmerica has decided to give “Tempest In The Stone” the chance it deserves> Attached you will find a sample copy of our contract for your careful review. Upon receiving your e-mail in acceptance with the terms, we will forward the final contract documents to you via regular mail for your signature> Along with your e-mail please include your legal name, current address, telephone number and title of work as you would like it to appear on the final contract.

“The main terms of the contract are that we will pay you climbing royalties starting at 8%, you retain the copyright, and we will begin production on the book within 365 days of the date we receive the signed contract. A symbolic $1 advance underlines that all financial risk is carried by the [publisher, as we firmly believe it should be.

“After both parties have signed the contract, you will be contacted by our production department with a list of questions and suggestions. Please feel free to e-mail any concerns or questions dealing with the terms of the contract to (her e-mail address was inserted here). Also, please visit our website at www.PublishAmerica.com.

“Welcome to PublishAmerica, and congratulations on what promises to be an exciting time ahead.

Sincerely,

Alexandra Windsong, Acquisitions Department, PublishAmerica”

I was on my way! Later I would learn that the way was fraught with a labyrinth of lies, deceit and shattered hopes. However, at the time I received this letter I was under the belief that at long last, I would be a published and credible author. For one, I would not be relying on or paying for the services of a “vanity publisher.” Later I would learn that PublishAmerica might be a half step above such companies and the POD (Print On Demand) publishers they claimed not to be. It was as simple as ABC, for their claims of legitimacy were based on artifice, bullshit and chicanery. I believed everything they put in their follow-up missives, for at that time I had no reason to distrust these discerning “editors”. They assured me that my book would be made available through their website and various on-line bookstores. But they added, “and through the 50,000 corresponding “bricks and mortar: stores. [sic] Your book will be available through all of these channels within six weeks from the time you receive your complimentary copies.”

The metatag for their website read:

PublishAmerica, Inc., a traditional publisher, accepting and publishing manuscripts and books at NO CHARGE to the author. Royalties paid to writers, books sold in stores…[emphasis mine]

This was an outright lie. I learned that most bricks and mortars booksellers would not deal with PA because of (1) Their reputation as a POD, and (2) Their refusal to buy back the copies of their books that don’t sell. This would also affect the number of book signings I could do, which meant refusals from the better known “chain” booksellers like Barnes and Noble, Waldenbooks, B. Dalton, et al. On top of that, PA had the guts, gall and the gumption to recommend their self-serving tome, The Published Author’s Guide to Promotion. That should have been a hint for my ass; after all, why would I need to promote the book outside of my locality when there was a major, legitimate publisher willing to make my book available nationwide?

Don’t get me wrong. With this first book I did not expect to be rubbing elbows with Stephen King in the rich author’s lounge. All I really expected was a fair opportunity to present my book before the world. This would establish name recognition so that when I went to bigger publishing houses, people would already know who I was. Instead, I did both local and national promotion. Any benefits thereof were due to my diligence and dedication.

Worse, when I got my authors copies—a measly two—I was dismayed by the lack of editing. After all, PA was supposed to do “line by line” editing.

Anyway, I’m getting ahead of myself. Let me take you back to the beginning—long before PA made me exclaim, “Pee-yew!” Back to when I was but a kid with a pencil, some paper and a pocketful of pipe dreams.

COMING NEXT: The Pros and Woes of Doing Business With PublishAmerica

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About the author: Timothy Stelly is a 46-year old California native with a wide variety of interests-from fishing to politics, which have a lot in common: Both require you to deal with worms and most of your time is spent idling.

He is a former Democrat, believing that Party represents outdated ideas. He is officially registered as an Independent, choosing to keep his options open. Timothy is also the author of more than 80 screenplays and novels, two of which have been "published": "Tempest In The Stone" and "The Malice Of Cain", both available through PublishAmerica. He defines his writing style as "Hip-hop fiction; a cross between Richard Pryor and Richard Wright."

His UK columns is written in a hard-edged style, but he is not yet a curmudgeon or a conservative. (Is that redundant?) After all, one of his favorite movies is "The Adventures of Milo and Otis."

stellbread0.tripod.com





Email: stellbread@yahoo.com


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