Wednesday, October 19, 2011

Just When You Think You've Seen It All...

...some doofus comes along and convinces you otherwise.

After a couple of VERY hectic weeks dealing with Musa's launch and subsequent releases, all the AMP horrors, working on my own manuscripts and getting ready for World Fantasy Convention in San Diego next week, my sense of humor has pretty much evaporated.  Add in the fact that I turned forty-five a couple of days ago (quel horreur!), that Aurora the Regency line turned one, Aurora the toddler turns two tomorrow and my husband's birthday is Friday and it's no wonder that the only thing I laughed at today was a very unworthy thought that flitted around my mind about someone who wasn't there to defend themselves.  (Never fear--I jotted down the notes so I can incorporate that thought into a Jack the Ripper story coming soon near you!) 

At any rate, when I'm in a non-humorous mood I usually end up reading submissions.  Somehow, I've convinced my subconscious that I am less likely to contract a mediocre book when I'm foul-tempered.  Fortunately, that philosophy has been working out fairly well so far.  

As I was going through requested fulls, I came across a story that struck a chord with me. I was actually pretty excited by it.  So I put the story on the to be contracted list and moved on to the next.

But the story wouldn't get out of my head.  Normally, this is a GREAT thing.  When a story keeps pestering me while I read other submissions usually means I've landed on something really great.  But that's not really why I was obsessing on this story.

No--I had the feeling I'd read that story before. 

I use Firefox Thunderbird to coordinate all my various email accounts.  So I ran a search on the book title and came up with nothing unusual.  That should have been the end of the matter, but it wasn't.  I pored over the correspondence the author and I'd had and couldn't find anything to explain that niggling little feeling at the back of my mind that had been pestering me all night.  I pulled the story back up and read it again.  Yep. I had read that story somewhere before.  I double-checked the query letter to make sure that wasn't a rights reverted book.  No indication of that.  I was about to give up when something made me run a search on the author's email address.

And I hit pay dirt.

I had read that story before! In fact, I'd read it at Aspen Mountain Press a few months ago.  But--strangely enough, the story had had a different title. Different character names.  The author's name was slightly different.  Now I was even more curious.  The story was good; not outstanding, but a nice, easy edit and could be turned over quickly.  So why were all those alarm bells sounding in my head?  Just to set my mind at rest, I googled the original title and author name.

Everything became clear.

The book was already published--had just BEEN published, in fact, by another company.  I went to the sales page for the book and pulled up the excerpt.  Then I entered the first five or six words of the excerpt into the *Find* box of the manuscript and--lo and behold!--the excerpt on the sales page began in the second paragraph of page five in the manuscript in my hand.

The author was a self-plagiarist.  By changing the names and the title of the book, he was trying to sell rights to a manuscript that he no longer had to sell.  On top of that, the original manuscript had been contracted by AMP.  So two publishers already owned the publication rights the authors was trying to sell to me!

I wasn't the acquisitions editor who'd read the original manuscript; I'd found the manuscript in the AMP email accounts when I took over and skimmed through the story then.  

Now, let me be frank: the author is a good writer.  The story was well-told. But just changing character names or titles does NOT make a manuscript new intellectual property.  Save for the name changes, the two manuscripts were word for word identical. 

I'd heard of self-plagiarism. I'm guilty of snatching scenes from trunked novels fifteen years ago and making them work in some new story.  But I never would have thought of retitling The Reckoning of Asphodel or Bride of Death and submitting them to a different publisher while they were still under contract.  After all, I would get busted. No one kills an Elf like me. But also, I think a bit more logically.  Why take the risk? Why publish a competing version of a book already on the market?  Why not...write something new?

There just wasn't a way to give this writer the benefit of the doubt.  One doesn't mistakenly change the names and title and submit an already and recently published book to a new company--one where the chances of discovery were slimmer.  But in the end, how could the writer ever have guessed that the editorial director at this new house had actually read the manuscript before? 

These days with the caching capabilities of computers and internet search engines, you'd have to be really...well, stupid to think that no one would catch on.  It's not like this book was near the end of the contract either--the other publisher had released the story under its original name in June of this year.  And yet three months later, the same story was submitted to Musa?  

No, I don't think this was any kind of accident. As much as I'd like to find a way for this to be accidental, I just can't.  And now there's a writer--a darn good writer too--whose work I will never be able to trust as original.  

In the end, that's just another lesson I needed to learn. I informed the author's publisher of what had happened, forwarding the manuscripts I'd been sent and filed the correspondence away in what my husband not-so-jokingly calls my jackass folder.  And man, oh man am I grateful that I listened to that niggling little voice in my head. 

Shame that little voice was silent all through my twenties.  I'd be a lot richer today if I'd listened then.

Saturday, October 15, 2011

Breaking The Silence on Aspen Mountain Press Part Two

Today's post will be much shorter.  The past couple of days have been very wearing on me. And I do have a business to run instead of forever worrying about what's going on with Aspen Mountain Press.

Here are Aspen Mountain Press's and owner Sandra Hicks's responses today.

1) Today the Aspen Mountain Press website went back online.  None of the out of contract books were taken down.  The site has not been updated.  AMP authors believe that after being served with a DMCA notice and having the site taken down, AMP has just moved to a new host.  

2) After her post of yesterday morning (that you can see here on my blog) where she assured the authors that she had the money to pay the authors, today she told an author that she actually has NO money to pay the authors and that she isn't worried about criminal charges because she hasn't done anything wrong.

3) One author received a rights reversion in the mail today, but when the site went back up all of her books were still on it and still offered for sale.

Okay, let's just be blunt here.  I'm not sure what happened to Ms. Hicks to such a degree that yesterday, she claimed there was money for all the authors but today, she claims there is none.  Unless I get a sizable check in the mail in the next couple of days for the salary and royalties I'm owed, I'm going to assume the funds that AMP should be holding for its authors in a standard royalties arrangement, money that does NOT belong to AMP but belongs to its writers and editors who are owed money, has been used for purposes other than what they are intended to be used for. 

This is October.  Third party sites usually pay 45-60 days after the end of the quarter for those quarterly sales.  So AMP was paid in May for the first quarter; August for the second quarter; and should be paid in November for the third quarter.   AMP authors and staff should receive royalties 45 days after the end of the month that is the pay period.  So July should have been paid in September, August in October and so forth. So at this moment, in addition to all the AMP website payments--also paid 45 days after the end of the pay period--AMP authors are unpaid for one quarter and soon to be TWO quarters of third party sites, THREE months of AMP web sales and Amazon sales, PLUS any unpaid royalties from previous pay periods.

Where exactly DID those thousands of dollars of sales go?  The last quarter I did editor royalties for before we took over, a royalties quarter missing over a hundred already-released titles on third party sites, the sum of AMP royalties for the quarter were substantial. The months of June and July, the senior staff put all those books up for sale on the third party sites (hours they never got paid for) and AMP posted an average sales increase for that month in the double digits. Significant double digits.  I can put together a fairly accurate estimate of royalties for both those quarters and probably low ball it in the process.  If I were really ambitious, and I may be, I could just go through the AMP sales records in my possession from my tenure as managing editor this summer and figure out EXACTLY how much AMP got paid. 

I think there needs to be an accounting for those funds IMMEDIATELY.  We are NOT talking about small change here. We are talking about six months of sales on third party sites, three months of sales on Amazon and the AMP website and for the first of those two quarters I have the figures sitting right in front of me. So, let me reiterate: I KNOW HOW MUCH ASPEN MOUNTAIN PRESS WAS PAID FOR THE SECOND QUARTER OF 2011.  I can hazard a VERY good educated guess about what AMP was/will be paid for the THIRD quarter of 2011. Actually, I know how much Aspen Mountain Press was paid for all of 2010 and half of 2009 too. 

And if the owner of AMP does NOT have the money--then where is it?

We may never know. 

Regardless of what happened with the money issues, these facts are patently clear:

1) AMP authors have still NOT been paid the royalties due them.
2) AMP staff members have NOT been paid the royalties due them.
3) The AMP website miraculously returned to the Internet today, which couldn't have happened if the owner  was incapacitated.
4) When the site went back up, AMP still had the out of contract books still offered for sale.
5) Even authors who received letters of rights reversion in the mail today are STILL seeing their books offered for sale on the AMP website.

AMP authors need to know and follow through on this one major, unavoidable fact: Aspen Mountain Press is CONTRACTUALLY REQUIRED to present each author a royalty statement for each month's check with the reasonable measures of available technology.  Even if you did not make any sales, Aspen Mountain Press is CONTRACTUALLY REQUIRED to send you a royalty statement for that month. The contract clause regarding this reads as follows: 

XIII. Payments and Statements
Publisher shall pay Author royalties in accordance with a schedule to be determined at Publisher’s discretion but in no event shall payment be made later than forty-five (45) days from the end of the month royalties are collected.  Royalties will be calculated from the first of the month through the last day of the same month.  Payment shall be made by Paypal, or corporate check, to Author or Author’s authorized agent.
Author understands that royalties will be paid in the following month copies of the Work are paid for by consumers, distributors or vendors, not to exceed forty-five (45) days after the end of the payment period.  If distributors or vendors delay payment to Publisher, Publisher is not obligated to pay the royalty until it has been paid by the distributor or vendor.
Publisher agrees to take such reasonable measures as Publisher’s sales technology permits to obtain and include, in royalty statements, information about the number of copies created, shipped, sold, and if appropriate, returned for each Digital / Print Format edition of the Work whether sold from Publisher’s website or through other channels of distribution.


Let me tell you what reasonable measures you have to take to show the sales for a specific work in a given month.  I'll work with one of my books. You go to the spreadsheet, you select the row of the book, you copy and then you--:

   Metamorphosis *editor name* 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0.00 0.00

--paste the numbers into another document.

I timed myself; that took two seconds,

The 'reasonable measure' you need to take, the 'reasonable measure' of technology you need is the following: a spreadsheet, provided by the vendors; a new document or email to paste into; and a computer.

If you want to get REALLY fancy, you paste a line up top that has the column names in it.  Here, let me show you:


Title Editor Amazon-May Sales FW-1stqtr Sales Bookstrand 1 qtr Sales ARE 1st qtr Sales 1PR 1st qtr Sales AMP-May Sales New Release Other CK AMT      
Metamorphosis *editor name* 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0.00 0.00       

(On a wider screen it lines up better. But this is still not incomprehensible.)

For editor royalties, all you have to do is copy and paste ALL the books/lines under that editor's name--a task I made much simpler and easier by putting BIG RED LINES in between each editor on the spreadsheet.  You don't even have to use a calculator, because I set up the spreadsheet with the formulas needed so the program did the math for you.

 But even without the royalty statements, AMP is in breach of contract for NON PAYMENT OF ROYALTIES for over TWO months at midnight.  Three months is...ninety days, give or take.  AMP will hit that ninety day mark with almost every author and staff member on November 15.

AMP  has resurrected its website and kept for one purpose and one purpose only: to continue to sell books as long as possible. The owner believes that the 90 day clause to address breaches of contract is protecting her--that NONE of these complaints are really problems because she has that ninety day clause.  That is NOT how it works.  The 90 days clause is there to protect the owner against ACCIDENTAL breaches of contract, not flagrant violations of every contract in the company.  And, it seems like she will go on intentionally refusing to release authors who have not been paid in well over 90 days. Here, too, is where the certified and registered letters piling up in her mailbox comes into play.  She seems to think that if she personally does not sign for a certified or registered letter, then the 90 period outlined in the contract for breaches has not been triggered.

She appears to be unaware that the countdown on the 90-day clock started the moment an employee of Mailboxes, who is an agent for her, signed for those pieces of mail.

AMP has used up what good faith it once had.  There is no reason for anyone to believe that AMP intends to pay its authors or staff.  Whether these concerns are intentional on the owner's part or the result of some external factors that prevent her from understanding the potentially devastating consequences to her if she continues to play ducks and drakes with money that is not rightfully hers I cannot and do not know.  

But I do know this: today, AMP took a major step backwards. AMP is  now no longer a publisher. Now Aspen Mountain Press is nothing more than an electronic pirate, capitalizing off the stranded and breached contracts of authors the company is refusing to let go.

For me, in the end, this isn't about the money. I honestly believe that many AMP authors would be willing to forgive their back royalties in exchange for the rights to their books. For me, this is about the books and the authors who are trapped by this publisher.  Whether the owner's intentions are good and she just can't face up to the amount of work that's needed to rectify the problems at AMP or whether she is intentionally withholding funds and causing hardship for her authors and staff is no longer the question.

The question is: how can  these authors and their intellectual property be freed from a non-functional publisher?

Thursday, October 13, 2011

Breaking My Silence on Aspen Mountain Press

Originally, I'd planned to write a completely different blog post from the one I am now putting out there.  I was going to trace the history I have with Aspen Mountain Press and the disintegration of the business, ending with how and why the senior staff all walked out at the end of July.  But after a very disturbing post by AMP's owner, Sandra Hicks, on the AMP Authors yahoo loop this morning—a loop I and other authors to whom AMP owes a lot of money were banned from because we were too outspoken—I think it's better to just cut to the chase and then to go through some of her responses.  I believe it's essential that what is happening at AMP is brought fully into perspective.   And, since I have kept every email correspondence, every royalties report from AMP and third party sites, and chat transcripts of every staff meeting with Ms. Hicks this summer, I'm in a unique position.

I'm one of the few people in the world who knows exactly what happened to AMP and has the documentation to prove it.

The disaster at AMP was a drawn-out affair, one that several people tried to address.  At this time last year, Lori Basiewicz was the managing editor of AMP and I was the head editor and solely in charge of the Aurora Regency imprints—a line I'd built and worked on myself.

My first indication that anything was wrong came when one of my authors at Aurora Regency—a writer who was in my writing group, who was a dear friend, who was someone whose integrity I trusted absolutely—wrote to me in concern because she hadn't received her royalties.  Lori and I struggled to find out what was going on, pleading with Ms. Hicks to address the problems with royalties that were starting to build up with our authors. None of the authors received regular royalty statements after August of 2010, so there was no way to determine if they sold any books or if there was an oversight.  This was resulting in an atmosphere of serious distrust—an atmosphere Lori and I bore the brunt of because Ms. Hicks wasn't answering any emails.  Eventually, last March, Lori couldn't take the lack of communication anymore.  She resigned, and I was the only visible face for the management of AMP.

To be perfectly fair and up front, Ms. Hicks WAS dealing with several physical ailments that rendered her unable to maintain the day to day activities of a publishing house. That is not in question and never has been. 

I'd been scheduled for serious surgery, one with a recovery time that was long enough that I knew I needed to make arrangements for the operation of Aurora Regency in my absence.  So, I emailed the owner, Sandra Hicks, and held off scheduling my surgery until we had agreed upon how Aurora Regency would be handed in my absence.  When over a week had passed with no response from Ms. Hicks, I got angry and sent an email to her, forwarding the message to the entire senior staff.  Here's part of it, from June 19, 2011:


Because of your inattention, you have lost staff, authors and books. And the flood is not only continuing, but growing rapidly. As a result, my income is going to drop substantially. I've lost three authors and their books in two months--*author names removed*. All three of them have devout followings and readerships. AMP can't afford the loss of any authors or books, particularly since Aurora is now responsible for roughly half of AMP's releases which was not the intended purpose of the line. I wasn't supposed to have to carry the release schedule.

As a result, here's what I expect to happen during my three months' absence, which is now effective immediately. I expect my royalties paid on time every month, both as a writer and a editor. I expect statements with those royalties so I know what I'm being paid for. I expect the Aurora releases to come out on time and in good shape, for my authors to get copies of their books upon release and for THEM to get their royalties on time and with royalty statements. If, for any reason, these conditions are not met, my leave of absence will become permanent. I will not return to a big old mess. 

I've come to the conclusion that the only way you're going to bestir yourself enough to care about AMP and its writers, editors and staff is to return to the days when you have to do it all yourself. And the fact you didn't even respond to an email as important as the first one I sent is insulting.



I demanded these things because they hadn't been happening at AMP for some time.  That email got the rest of the senior staff involved—involved to the point that Kelly Shorten, our art director, telephoned Ms. Hicks who was in a panic.  The result of that conversation was that Ms. Hicks would immediately turn over running of the company to the senior staff, that a qualified bookkeeper would be brought in to straighten out the mess of AMP royalties, and that we would have the power to do whatever it took to bring the company back. We also made a pact among ourselves, the four of us: if, for any reason, we found something that would make us consider quitting, we would all quit.  We would not enable Ms. Hicks any further. We were staying for the authors, to make sure they were paid what they were supposed to be paid on books that went out well-edited and packaged, on the scheduled release date and uploaded to third party sites. I personally would get as much done editorially as possible and stabilize the company, so that I could have my surgery and be reassured that the company wouldn't go under due to no management in my absence.

What we discovered when we took over was a nightmare: 

Hundreds of emails in all the AMP accounts, gone unanswered and unopened from authors and staff.  The customer service email account alone had over 500 unanswered emails over the previous eight months.  That took two people working eight hours to resolve—and in the process, we discovered a frighteningly large number of AMP books that had serious formatting problems for a long time.

Authors who were contracted and never heard back from the company, leaving their books unpublished and their rights tied up.  I found books from two years previously that were still stranded by AMP, the authors begging to just get a response from somebody…anybody.

The royalties were such a mess that the bookkeeper, Kerry Mand, elected to concentrate on just getting that month's royalties out and working on some of the most pressing cases before working backwards through the books and auditing a year's worth of royalty spreadsheets and reports--a course of action I agreed with.  We discovered that in previous months, only portions of the royalties had been paid at any given time.

Two weeks from the time that we took over, the only releases scheduled at AMP were Aurora Regency books—books that I was personally handling and scheduling.  Nothing else.  The last scheduled AMP book for release was on July 18.  The rest was all Aurora Regencies and one Christmas title at AMP, scheduled by Lori before she left.

The submissions account had not been opened since Lori had resigned three months prior.  I went through all those submissions and answered every single one since March of 2011, even connecting with authors who'd been contracted before Lori was the managing editor and forgotten.  I got all those lost books on the release schedule and to editors, who I hired.  The books were edited, proofed by me and uploaded to a special file where ready-to-be-published books were kept. 

Yep. Everything was an absolute nightmare. We worked seven days a week, up to twenty hours a day. And we made positive changes to AMP.  We got over a year's worth of books uploaded to the third party sites.  We updated and improved the website.  We planned and scheduled a new imprint for only speculative fiction.  We created new emails for author concerns and staff concerns, keeping those emails out of the submissions account.  We developed a policy between the four of us that NO email at AMP would remain unanswered for longer than six hours.  We released a chunk of authors who'd been trying to get their rights back in the previous months.  The owner initially balked at that but I pointed out that unhappy authors would be detrimental to what we trying to build and eventually, reluctantly, she agreed. I got all the contracted books on the release schedule and to editors, who I hired.  The books were edited, proofed by me and uploaded to a special file where ready-to-be-published books were kept. 

We scheduled AMP through the end of the year, with multiple releases each week—and many of those books were the ones that had dropped through the cracks.

After a couple of weeks, things were starting to look up. The authors were happy again, beginning to believe in AMP once more.  And in that first month of our leadership at AMP, we posted a huge increase in sales.

But as Kerry got further into the royalties at AMP, the more concerned we all became.  The art director and bookkeeper asked for—and were empowered to use—the AMP Paypal  and bank accounts. All four of us were working with those accounts and past royalty spreadsheets so we could try to match payments to sales. In other words, to make sure all the authors were paid for every single book sale.

Kerry had managed to get the royalties done ahead of schedule, and sent the royalties to Ms. Hicks to pay.  On July 15th, we were all so relieved.  The royalties were done and the authors would be paid on time.  But by the 18th, we started to get a lot of emails: the publisher didn't pay the darn royalties!  AMP paid only a few authors and then stopped.  So I emailed the owner. No answer. I called her. No answer.  I texted her. 

Finally, she responded.  When I asked her why the royalties hadn't been paid, she said that to her knowledge, they all had been.  We were online IN the bank account and Paypal, trying to match authors (and pen names) to amounts to see who'd went unpaid. And as I asked her about a specific author, we watched the payment go out from that account. Then she texted me back each time and said that I was mistaken, that author had been paid.

Up until that moment, I believed that all the problems at AMP were unintentional, and that there wasn't a chance of dishonesty on the part of the owner.  But that, when considered along with everything else, made me suspicious for the first time.  After that, we couldn't believe Ms. Hicks when she told us she'd paid for something. So we began to monitor the bank account.  It was essential that we knew what the financial situation of the company was before we did or said anything to the authors about their royalties.  We'd taken over and were so proud of the fact that the royalties were done—and correctly—and then the payments weren't made, which made us look like we were incompetent.  It was then that we starting noticing some peculiar activities in the AMP bank account.

The owner was using the business's bank account for personal expenses. 

Kerry worked backwards through the bank accounts and spreadsheets, arriving at the amount of back royalties an author was owed, the owner would go behind our backs and tell the author that WE were wrong and the author had already been paid most of that amount.

In the meantime, we were seeing these personal expenses—for food, souvenirs, car payments, doctors visits—coming out of the AMP account.  We decided to confront the owner about this in our weekly Skype conference—a system I preferred to use because we could keep transcripts.  When we pleaded with the owner to separate her personal expenses from the company's, to set up a monthly draw account that would be a percentage of profits—so that we wouldn't have the appearance of impropriety—she refused.  She also implied that we had used her Paypal account without her knowledge to pay a long overdue bill for advertising—when we'd mentioned multiple times during that conversation that we were doing so AT THE TIME. REAL time.

We were all so angry at that time that Dominique suggested we stop the meeting, take a deep breath, think things through and meet again the following day when everyone was calmer. 

Unfortunately, even though we tried, the owner would not budge.  She apologized for what happened the day before, assuring us that she didn't mean to question our use of the Paypal account to pay an advertising bill as dishonest or inappropriate.  But she wouldn't budge off the personal expenses. She said the income of AMP was too irregular to establish a draw account for a percentage of the income. 

At that point, I made an offer to buy AMP. She replied that she wouldn't sell for less than a quarter of a million dollars.  I tried to purchase the two imprints I'd built—the Aurora Regency line that was nearly a year old and the Aura speculative fiction line that was scheduled to launch in October.  She refused.  So there was nothing left to do but announce our resignation from AMP to the authors, turn over everything we'd done to AMP, and leave.

As a result of all this, we decided to open our own publishing house, Musa Publishing, where we would address all the issues we had with AMP in advance. Ms. Hicks had assured us she was going to close AMP because we had left, so we wanted to create a haven for AMP authors—a house where their books could be reissued as soon as possible.

Once we'd left and were building Musa as fast as we could, Ms. Hicks contacted me again to offer me the chance to buy the Aurora Regency imprint and AMP.  We agreed on Aurora and she dropped the price for AMP down to a more realistic but still high number.  The four of us discussed the amount and refused the offer.  We had put our financial resources into Musa and couldn't afford to take on AMP with all the lingering problems there.  She then offered to sell us individual contracts/books.  So we considered it, added up the amount of back pay and royalties AMP owed us, and offered an exchange: we would forgive our entire back salary and all my future earnings as an editor who'd done 75% of the books released by AMP the previous year in exchange for approximately 65 book contracts.  Our plan was to immediately release those authors from their contracts.  We would offer contracts to Musa to each author—an offer they were not obligated to take.  The four of us thought it was worth forgiving the money owed to us in order to free as many authors/books as we could.

But as soon as Ms. Hicks  received our check for the Aurora Regency imprint, she abruptly decided against the deal we'd been working for the individual contracts—a deal that was HER initial plan. She cashed our check for AR immediately, and then proceeded to breach the remainder of the contract.  The website was not turned over by the agreed-upon date. The books were not removed from the third party sites; we ended up doing that ourselves.  Aside from the communications with us, which she terminated as soon as she got some money, she made very few attempts to communicate with the authors in her company.

Until today.

Today, Ms. Hicks finally answered a post on the AMP Authors loop from a stranded AMP author—an author I contracted as managing editor, an author who has no editor, no cover art, no publication, and has had no answers.  His post--minus his name—and Ms. Hicks' replies are below. My comments are in between each section.

.

 Author) Do you intend returning answering queries, letters etc? What is the time
span involved so we know when to expect an answer from you?

 Ms. Hicks) In all fairness, I can't tell you what sort of time frame to expect an answer
in, except to say that I am working on them. It takes time to respond to
THREATS such as the one Wells made and take care of other business matters AND
attend to my health needs and the work that must be done in raising my son
alone.
The *threat* Ms. Hicks is referring to occurred when the author in question, Charles Wells, served a DMCA notice to the domain host and the AMP website was taken down temporarily.  The website that, by the way, AMP has not paid the designer for. AMP authors have served similar notices to AMP's third party distributors.  AMP books are coming or have come down at many online retailers, particularly the large number of out-of-contract books that up until now, AMP has not removed from their home website or third party retailers despite numerous attempts by the affected authors.

 Author) Do you intend returning rights to authors who have asked for them? 
Ms. Hicks) Not in all cases. All who've asked will be getting a personalized letter from
me through the mail system explaining what I am deciding and why.

A personalized letter through the mail system would have to go through her post office box, where scores of unaccepted registered letters and snail mailed demands to take out of contract books off the AMP sites or notices of breach of contracts have been accumulating dust and not been answered. That address is a Mailboxes storefront a few blocks, I understand, from the owner's home. 

Author) If YES,when can we expect to have the documentation? 
 Ms. Hicks) When I get to the requests, I am writing a letter and mailing it to the authors.

Author)  If NO, can you please use this Loop to advise who yes and who not? If NO, can
you please explain why you intend holding on to authors that have lost faith in
AMP? 
 Ms. Hicks) Losing faith in a company does not void a contract. Any business matters are
between the author and AMP. If the author wishes to make those matters public,
they will. I won't violate their privacy in that way. It is their own
decision. 
Additionally, I'd like to tell the members here that this is not a business
MEETING loop. I've posted a few announcements in the past, and participated in
some general chat, but I don't use this for meeting purposes.

"Losing faith in a company does not void a contract."  And yet, let's take a look at the breaches of contract all AMP authors are experiencing.  Unpaid royalties. No royalty statements. No books published in nine weeks and only two since the end of July—and they were late. A website that is out of date (and not paid for). No web presence, since one needs to actually participate in conversations to be considered a presence.  No response to emails, snail mailed letters or registered letters.  Out of contract books still being sold at AMP and on third party sites while the authors don't get paid for them.  No editors. No art staff. No signature pages signed by the publisher for contracts. 

Those things DO void a contract.

And after months of not responding to communications by email, text, phone call, or certified letter, why wouldn't the authors bring up issues regarding the publisher at a Yahoo loop designed by the company to discuss issues within the publisher? 

Author) Do you intend paying royalties AND supplying sales statements in toto as per the contract? When can those owed money expect to be paid? 
Ms. Hicks) Yes, I will be paying royalties and statements, but as of the moment they are on
the back burner
as I deal with all the other threats to the company, and the
requests to relinquish contracts.
*bolding mine*

Wait a second—paying royalties that will be three months past due on October 15th is on the back burner because of threats to the company and all the reversion of rights letters?  So what Ms. Hicks is saying here is that as long as the AMP authors are in active rebellion against her, she will continue to NOT pay royalties. Paying authors and staff the money due them should be the TOP PRIORITY here, regardless of whether the author/staff member is speaking publicly about what happened as AMP.  She's holding authors' money hostage, the same way she's holding their books hostage, until they shut up and sit down.

That's my take on the situation, at least. I could be wrong. If someone can put a different interpretation on this for me, please do.

Author) Do you intend removing out of contract books from the AMP web site and
within what time frame? Bear in mind many third party sites have already done so
on request from authors who have provided documentary evidence of the end of
contract... 
 Ms. Hicks) Yes, but again, I can't provide an exact time frame. Interestingly enough, some
of the authors who have sort of provided evidence have also negatively affected
authors that wish to remain with AMP. Any of the threats that are coming from
in force contracts can cause issues for the authors. This especially is true in
light of the clause to redress breaches. A scanned copy of the clause with the
authors signature eliminates the DRM violation claims.

What authors wish to remain published by a company that doesn't pay them royalties? I'd like about a hundred of those--with bestselling books of course--to submit to me.  

Smart comments and pipe dreams aside, the clause in the AMP contract to redress breaches reads as follows:

A). Breach of Contract
If either party breaches this Agreement, the non-breaching party shall provide written notice by certified mail to the breaching party of the alleged breach.

Upon receipt of such notice, the breaching party shall have ninety (90) days to cure.  At the expiration of such ninety (90) day period, upon failure to cure, this Agreement shall terminate, except as otherwise provided herein or otherwise agreed in writing by both parties hereto.

 Author) Do you intend continuing business with AMP? 
Ms. Hicks) Yes. I put a lot of love and time into AMP. Am I ill? Yes. Is AMP ill, yes.
This situation has certainly given me a load of things to consider. What if I'd
had a heart attack or ended up in a coma? I have to develop a system to provide
back up for such scenarios.

She used to have a staff to provide back up for such scenarios—a staff that resigned en masse when she refused to remove her personal expenses from the company's. And now, it's going to be very hard to find a new staff when the old staff is owed thousands of dollars in back and future pay.  Why would anyone think that AMP would pay a new staff when they don't pay the old one or the authors? And, to be honest, the other staff members and myself were the ones carrying the load of AMP for a year before our resignation.  Lori Basiewicz, the managing editor before me, and I were carrying on without guidance or even assistance from Ms. Hicks for months. We weren't doing that for her, but for the authors who were relying on AMP's integrity with their intellectual property and income.

Also, let's be perfectly frank here.  Ms. Hicks hasn't had a heart attack or a stroke. Her health permitted her to make this statement today without any trouble or turmoil.  Her health permitted her to drive to the bank and cash a check. Her health permits her to do many, many things--but not, apparently, to answer an email, cut a check, type out a royalty statement, or anything that might benefit her authors and staff.

Author)  If Yes, please state when we can expend within what time frame it will do so
and also do you intend doing so with authors who no longer wish to be identifies
with it? 
Ms. Hicks) The first thing I am doing is reading and responding to authors. Each is
individual, case-by-case. Just because some authors no longer wish to be
identified with AMP does not negate their contracts. I and I alone will make
that decision, on a case-by-case basis as I look to the future.

What negates their contracts is months without royalties.  And when the author sends the registered letter as specified in the AMP contract, the publisher evades activating that 90 day period by refusing to accept the certified letters.

Also, these complaints have been ongoing for over a year. Is she saying that in all that time, she is only NOW reading authors' emails?  

Author) If NO, when can we expect the return of rights letters, payments, etc, that
will avoid legal action on the part of those owed money? 
 Ms. Hicks) As stated before it is one thing at a time. Having been an author, I know the
return of my intellectual property is more important than anything else. That
said, I would seriously consider how much attorney fees cost and weigh them
against what I believe I'm owed. Aspen has the money to pay its authors, but
being one person at this time, I have made the decision to handle the rights
requests first.

*bolding mine*

In other words, Ms. Hicks is threatening the authors, implying that it would be more expensive and a more lengthy process to force AMP to pay royalties than it would be to just shut up and not make too much noise about this, and that since they're complaining she's just going to work on the rights issues on a case by case basis, therefore delaying any attempts to pay the royalties. Aspen Mountain Press probably does have the money to pay its authors, seeing as second quarter royalties from the third party sites were just paid out.  She is electing, however, to ignore those royalties as a punishment for bad behavior.

And as an author who knows the return of intellectual property is more important than anything else, AMP's owner, who suffered as an author from the Triskelion debacle, is proving stubbornly resistant to returning anyone's intellectual property despite the numerous and egregious breaches AMP has committed on every single contract in the past 14 months. 
Author)  At this stage I think these are the main themes authors are worried about and
I  ask, on behalf of all of them to give answers as soon as possible. 
 While we all know about your personal problems and many have wished you the
best for them. You should also be aware that this situation have caused all of us to suffer anziety(sic), depression, and other problems caused by stress. Do you truly believe that it is fair, or worse still, legally defendable refusing to face up to this situation?
  
Ms. Hicks) Actually, yes, it is defendable as I have sought documented treatment for my medical issues as well as the depression. It is not a refusal to face the
situation, it is an inability due to depression. And for those that are
suffering anxiety, and depression, then I would surely expect them to be more
compassionate of the anxiety and depression I am suffering. Do I believe it is
fair? Of course not. I don't believe it is fair for a person to suffer cancer,
lose a loved one, get laid off from a job they've worked at for 20 years. Some
thing just have to be handled one thing at a time, one day at a time. Seems tome like there was a boatload of people who got paid just last month (and no,they did not get their statements, they are sitting in my flash drive) And as a clarification to many of you, right or wrong, I made the decision that it was better you got your money than the statement. Cutting the checks actually took less time than attaching the document and emailing it individually. Now, that said, some of you think I owe you money that I actually
did pay--you did not cash your checks. There is ample proof of that in the bank account. Will I send statements? Yes. When, not until I can get people paid.
  
Have I not answered emails? Yes. Why? Bad news upon bad news only deepens depression, doesn't help it at all. For those who have known me since the very early days of our writing careers and the beginning of this company, you knowthat I don't speak ill of others, and that I haven't treated you badly. Am I coming out of this? With professional help. I don't know what sort of time frame to expect for that either. Some days are better than others. Right now I've upped my work quotient to about 2 hours a day. Upped. Is that great...depends where you are. Right now for me it is-two years ago-I was
putting in twelve to fourteen hours a day and editing as well. I was also writing. Now compared to then? Bad. Perspective has a lot of power. 
 Even answering this post has zapped a lot of the energy I had for the day. Again, to all of you who've put in requests, watch the mail. You are getting signed hard copies related to your requests.
*bolding is all mine—not the author's or Ms. Hicks*

When I was sent this post this morning by multiple authors, I literally felt ill. Ms. Hicks actually thinks that she is in the right!  That NOT paying authors and staff is defensible! That a 'boatload' of people got paid just last month! 

That two hours is day is somehow work, when a few months ago AMP had people working 16-20 hours a day to try to save the company.

That due to her personal illness and her documentation of treatment, she has a legal defense NOT TO PAY THE AUTHORS TO WHOM SHE OWES MONEY?  I've never heard of a court anywhere that lets a contract employer refuse to pay people who have fulfilled their end of a contract because the employer is ill. Never.  And usually, if a legal entity like a company refuses to or cannot pay its employees, the doors are shut and all contracts are immediately terminated.  If I'm incorrect, I'd love to see a post from an attorney pointing out where my logic is wrong.

In the end, I don't know who got paid; I know who DIDN'T get paid—I know I didn't: either my regular author royalties, my editor royalties, my percentage of sales for Aurora Regency or my percentage of sales for my role as the AMP managing editor.  I know that Kelly Shorten, the web designer and art director, did not get paid the back salary and contracted labor (website building, maintenance and design, the database, shopping cart system) AMP owes her. Not a dime, when it's impossible to run on online business without those things—things AMP is still using even now I know that Kerry Mand, the bookkeeper we brought in to fix the AMP accounting didn't get paid the hundreds dollars AMP owes her.  I know that Dominique Eastwick didn't get paid the full amount of money owed to her for promotions, formatting and uploading books to third party sites. 

And yet, when our company bought the Aurora Regency imprints, we paid AMP  immediately. And despite her illness, Ms. Hicks was certainly well enough at that time to drive immediately to her bank and cash that check, but was not well enough to fulfill the remainder of the contract OR to pay any of us, authors, editors and staff, some of the thousands of dollars she owes us.

This is what I know.

There may be some authors who got paid; I can't say that they didn't.  But I know for a FACT that the authors who have been the most vocal about AMP issues have not been paid. Not a penny.  Not since the royalties the senior staff sent out when we were running AMP. These are the same people Ms. Hicks banned from the company yahoo loop along with me, people who were unwilling to keep quiet about the  concern they felt for their books, their publications schedules, and their money.

In the end, the senior staff left AMP because we could not have our names and reputations associated with a publisher who put her personal needs above the needs of her authors and staff, who thinks it's acceptable to contract books and then either not publish them or not pay the author royalties on those sales, who believes that somehow SHE is the victim here and not the scores of people who've been left without income, who thinks that just by ignoring emails, phone calls and registered letters everything will just go away.

This publisher, once a leading ebook house with an owner/publisher whose integrity was accepted without question is the selfsame publisher now holding books and authors alike hostage, threatening to continue to NOT pay them if they speak out publicly against AMP because her two hours of work a day will be spent dealing with "threats" to the company.

I once said on this blog that I would never discuss the reasons the senior staff resigned at Aspen Mountain Press.  Now I have to consider that one of the biggest mistakes I've ever made.  But I—and the other staffers who left—had hopes that the publisher would do the right thing: reverting all rights to the authors, paying out the royalties due, and closing up shop.  In fact, we were told that was what would happen at our last meeting at AMP, the same meeting where we were told she would not sell AMP for less than two hundred and fifty thousand dollars.

I have empathized with Ms. Hicks's personal situation. For a long time, I protected her because of it.  In other words, I enabled her to do exactly what she is doing right now.   For that, I've borne a terrible sense of responsibility when I listen to the authors at AMP and their distress and anger toward the publisher.  People are at AMP who would never have been trapped if I hadn't encouraged them to submit to MY publisher, the one publisher in the world I was certain would never cheat or deprive her authors and staff.

I hope this is all unnecessary. I hope that Ms. Hicks, who meant so much to me as a friend and mentor, will still manage to do the right thing.  But I don't condone holding authors' books and royalties hostage contingent upon their good behavior.  This is business, not a preschool. My money doesn't go to timeout because I acted out. There are a lot of ugly, legal terms one could use here—terms that I'm certain will be used in multiple court cases already peeking over the horizon.

So I think it's time to break the silence on this matter, time to let the world know once and for all what's really happened at AMP in my experience, in the hopes that somehow this knowledge might help to break the hold Aspen Mountain Press and its owner currently has on its authors and staff. I have documents to verify everything I've said.

 Publishers need to be held accountable for their actions.  It is time now for Aspen Mountain Press to pay what they owe.

 Give the authors their rights back.

Give the authors an internal audit of the books.

Pay the authors and staff what they are owed.

And shut the doors on a one-time great little publisher that is now the biggest cautionary tale of all.

And a special note to AMP authors, editors and staff--please post a comment on this blog detailing exactly the breaches of your contract.  Tell us the last time you were paid, the last time you got  a royalty statement. Let us know how you tried to contact Sandra Hicks, the owner of AMP, and how many times.  Let us know what she has said in response to you.  And I will continue to compile my articles and blogs about Aspen Mountain Press, complete with documentation, for publication at a later date.  I also encourage you all to report Aspen Mountain Press directly to watchdog sites and blogs.  Go to Preditors and Editors, or Piers Anthony's e-publishing blog.  Absolute Write has an active thread detailing the disintegration of Aspen Mountain Press.  Go to any writers guild you belong to, like SFWA or RWA.  

It's time for you to break the silence as well.


Friday, September 30, 2011

Almost Time

Wow. My publishing company, Musa Publishing, is six hours away from opening.

I'm not going to blog much about Musa here. This is my writing blog, not my Musa blog.  But today is kind of a special day for me.  All those times I sat around in my darkened office, grumbling over a beer and a smoke and saying, "If I was a publisher, I wouldn't be THIS stupid." are coming back to haunt me now.  Now OTHER people will be saying that about ME.

Hopefully not.

At the moment, I think we're in outstanding shape.  We have a HUGE release schedule, going to 7 or 8 books a week by December.  We have a core of 80 authors and 24 staff members, and everything has been working so well. Everyone is excited and putting their best foot forward and we are turning out some amazing books. You can take a look at our initial offerings at www.musapublishing.com to see what I mean.

AND, that includes the Aurora Regency imprint I slaved over the past year and a half.  We managed to buy the imprint from the original publishing company.  While it felt a little...erm...unfair that I paid to get my own work, I was extremely happy that the Aurora authors--all of whom are friends of mine now--were freed from the fiasco now ongoing over there.

I can't even express how much of a relief it is to believe in the publishing experience again.  The pressure is gone. The stress is totally different--still stress, but pleasant now. Everyone has been excited and just happy to be working to create something instead of trying to fix it.

Do I think we've solved all the problems of small press publishing? *snort* No. Duh. But I do think we've resolved the issues that were driving us mad at our previous publisher.  If nothing else, this company will never suffer from lack of communication, or transparency involving royalties, or books that don't come out on time. That much I can promise.

As for the rest? We'll tackle it as it comes.  Feeling optimistic for the first time in a long time.  If what we are doing helps to bring confidence and joy to the authors we publish, then that's more than enough for me.

Welcome, Musa.

Wednesday, September 14, 2011

The Annual Autumnal War

Every year around this time I start getting antsy.

Part of it is the change of weather.  The nights are getting brisk, the sky takes on that deeper blue and the leaves start to turn.  I take my sweaters out of storage, do my fall housekeeping and then...it hits me.

They are almost here.

They fall upon us like an annual first week of October zombie convention. They start showing up in town, hauling their bizarro trailers behind their ratty, duct-taped together circa 1978 Ford pickup trucks.  Chewing tobacco stores get low in the convenience stores.  Can't find PBR 24-packs in any of the drive-throughs.  Rally's starts to get really, really busy. Mothers start to herd their kids in from the backyard well before dark and I get really suspicious when anyone who looks like he might be one of them lumbers down the street in front of my house, heading for the Circle K and the 33 cent hot dogs.

An annual fog descends upon us, almost like a pre-autumnal stench, a miasma that overpowers the dusty smell of changing leaves and newly fired up fireplaces; an unusual smell that doesn't necessarily smell bad just...different.

Yep. I can smell it. 

The carnies are coming.

Oh, granted: I still have a week or so before they are all here.  Two weeks before the war begins.  I need to stock up. I need to be certain my bunker is adequately prepared for the safety of me and mine.  The conflict between us is of long standing.  They--the carnies--and I have a long, terrible history that goes all the way back to the days when I worked in the bar across the street from the fairgrounds and they invariably tortured me every night after the county fair closed down.  They came swaggering through the front door, their pockets crammed with the money they had taken from the unwary with their rides, and games, and freak shows, and candy apple booths.  Oh, I can spot a carny from a mile away. 

Yes, they brought the money of Fairfield county into my bar in their pockets, and I got them stinking drunk and took it all away from them! Took that money for my community!  For the town I love!  And yet they never got the hint.  Every year, like clockwork or a cabbage-smelling plague, they come back...looking for me.

So far, I've always won. So far, I've always managed to come out on top.  I have always emerged as the victor in the annual war with the carnies, like I'm the brave English and they are the garlicy French in our Hundred Years' battle over tip money.

But this year, they mounted a sneak attack.  They must have bribed someone very close to me considering the predicament I'm in.  This year, they are arriving in droves, scenting victory on the fall air.

This year...I have toddlers.

God help me.

The carousel.  The pony rides.  The little airplanes that go in a circle.  Not to mention the cotton candy, the funnel cakes, the hot dogs, the lemonade turn-ups, the sasparilla, the game where you throw a ring around a goldfish bowl or a bottle and get a live rabbit.

Oh...they are out to get me no doubt.  They are probably plotting right now in their pop-up trailers. I can sense it.

"That Celina woman is DOOMED.  Let's get one of those shoot the water into the clown's mouth games.  Those kids will LOVE those. Mwa ha ha ha ha."

I'll admit it; I've been a little apprehensive this year as we crept closer to Fair Week.  I've hidden as much of it as I can from the toddlers--no need to get them to be willing stooges of the enemy.  I detour around the Fairgrounds, so they don't notice the growing influx of campsites.  I hurry them back inside whenever a suspiciously bright-colored semi comes rumbling past on the road.  I don't allow them to watch any local television.  And yet, somehow the toddlers know, like all kids know, that a huge opportunity for mischief is on the horizon, one that will allow them to yell "Wheeeeeeeeeeeee!" for a whole two minutes per three dollars worth of tickets.

But I have a secret weapon, one that will see me through this annual battle with my customary aplomb.  One they will never expect.  One the toddlers will be overjoyed about.  Oh yes, I have my own secret weapon in this battle with the carnies that they'll never figure out--one that begins with a Z and ends with an O. 

No, I'm not going to tell you what it is, but I'll give you a hint.  It involves animals and a slightly better-dressed foe.

Heh. They will never see it coming.

*Celina's annual battle with the carnies was abbreviated last year, but there are years' worth of carnie-related posts  on this blog.  For previous installments, just check every October's first week of blogs. This blog post has been carnie approved.*

Friday, September 02, 2011

The Day You Never Forget

Most of the time, people think I'm a pretty tough kind of gal.  I am, I suppose, in a lot of ways.  I say what I think--sometimes at a cost to myself--and once I finally learned to be at peace with myself (a process I don't discuss with anyone other than my husband, perhaps, and my daughters) I was able to walk that fine line between assertive and bitch fairly well.

Unless I get mad, which is a whole other story.

I think every generation has a day they'll never collectively forget.  For my father and his siblings, it was Pearl Harbor.  What else could compete with that event marring their young lives? For my mother, it was a dual memory--the Nazis fleeing Paris and the Allies entering it.  There were several that vied for that title in my youth. I vaguely remember Watergate; I had chicken pox and was home from first grade and there was NOTHING ELSE ON TV.  Then President Reagan getting shot. And Pope John Paul II. And John Lennon.  Then, when I was in college, the Challenger disaster, brought home to me on a whole new level because the daughter of one of the crew members went to the same school in the same department that I was in and I knew her.

But will anything take the place of 9-11?

I'm not going to go into that particular day. That story isn't important.  But I'm sitting here now, ten years later absolutely glued to the television set watching all these terrible shows. I'm morbidly fascinated by hearing the experiences of these survivors and the stories of those who didn't.  I'm glued to the TV screen, listening to the analytical details of how the structures were compromised, how the passengers fought in Pennsylvania, how the firefighters in that one lone stairwell managed to walk away.  That day marked me in so many ways that even now, ten years later I can still feel all the shock, the horror, the absolutely gut-wrenching fear those events caused. 

And yet, I can't escape it, and don't even try.

In a way, that whole day is kind of a blur.  Our workplace didn't close, despite the whole state of Ohio rolling up like a big carpet.  I was stuck there, at Applebees, and only two tables came in. So we were sitting there, with all that news coverage on all those television sets. And that's when, to me, one of the most shocking things of that whole damn day happened.

I was watching the beginning of President Bush's televised address when one of the other servers came up and grabbed my arm.

"Hey," he said. "I need you to lead the birthday song for my table."

Do what?  This guy was a nice enough fellow, but he was also a member of a church that doesn't believe in celebrating birthdays.  The table he was referring to was a group of young women in their early twenties. All I could think of in that moment was the absolute irony, the insensitivity of his request.  I threw his hand off my arm and snarled, "No one will ever have a birthday on September 11 again, you *bleepity-bleep* moron. Sing it your own damn self if it's so important to you."

He looked kind of puzzled and said, "But I can't sing happy birthday--"

"God will forgive you for that quicker than for pretending that this--" and I pointed at the screen "--didn't happen."

He went away.

Strange.  Now I don't remember what the President specifically said during that speech. I remember the feelings I had as I watched it, and the tiniest little moment of reassurance afterwards.  I remember the phone call I got from a friend in New York who'd been off that day from work at Windows Over The World and thus escaped the destruction of the World Trade Center. I remember long hours of working to gather water bottles and shoes and non-perishable food and shipping it off to the rescue workers at Ground Zero. I remember the restaurant down the street, not two block from where I'm sitting now, pouring out every bottle of French wine from its incredible wine cellar into the street when France refused to cooperate in the allied war in the Middle East.

But instead of remembering what the President said to reassure the country, I remember that callous request, and the look of surprise on that young server's face when I yelled at him.  I was too immature to realize that maybe that callousness was the result of a young man in his early twenties, seeing the face of war rise over the horizon.  I was just mad--furious and seething and pissed off--and he was too insensitive to recognize that emotion swirling through all of us there that night.

My reputation was solidified in this town after that night. I was thought of as a bad-ass from that night on, something only reinforced by years of tending bar after that.

And yet, all these years later when I watch these shows, that grief hasn't really lessened.  I watch the Twin Towers come down, and the Pentagon security camera film, and all those poor, doomed people who chose the death of the freefall over the death of the flames and I still sorrow for them all. 

That day, 9-11-2001, marked not only MY generation, but my parents and my children's. Now my son-in-law is stationed in the Middle East, still fighting the war that began that day, while my daughter and her daughter live with me, and I realize that 9-11 has also affected my granddaughter's generation. She's been without her father now for half of her two years, and the first time I sang "Happy Birthday" again after that one day almost ten years ago, was last October for her first birthday.

Everyone has a day they'll never forget.  I have a feeling that when it's my time to go, no matter how old I am, and my life flashes before my eyes, I'll still see those incredible terrible pictures interspersed between all the lesser moments in my comparatively inconsequential life.  I have a feeling the rest of the country feels the same way--judging from the reaction America had to UBL's long-delayed demise.

Some days should never be forgotten. And in this country, apparently, never will be.

I guess I'm not so tough after all.  Everytime I see those videos, I still cry.  And I probably always will.

Friday, August 12, 2011

Cogito ergo sum

I think therefore I am.

For me, it could just as easily be "I think I am" or Cogito sum, instead. Or maybe Cogito quae facio? Like the little engine that could?  (Reading lots of books to babies these days) Yes, my Latina lingua is rusty.  But I kind of feel that way--I think I can, I think I can, I think I can...

While my agent shops my manuscript around New York (gods help her!) I've been busy with a new project.  Last week, I helped to launch Musa Publishing as part of a four-person partnership.  We're full of ideas these days, working 18-20 hours a day (six of that is my writing; I'll be honest) to create a small press that encompasses all the problems we identified within epublishing in our experience and addresses them.  I'm pretty excited--you can check out the work in progress at www.musapublishing.blogspot.com for yourself.

In the meantime, I'm putting the finishing touches on my steampunk Ripper story What a Pretty Necklace.  It might actually be more of a gaslight fantasy, but the setting of 1891 New York and the added benefit of Jack the Ripper scenes to satiate my lust for descriptive brutality is a lot of fun to deal with.  I really think..hesitantly at least...that this may be my new milieu.  The blend of technology, fantasy and history is pretty seductive to a girl like me. If you ever read this book and see the term *copperplate* applied to a JTR murder scene, run.  That's all I have to say.

Aside from that, things are starting to settle into a routine.  I'm not really talking about what happened with my last publisher, so don't ask.  I'll just say that I'm heartbroken at leaving, am completely tragic that I lost the imprints I'd work so hard to build up, and have resolved to move on without bitterness or recriminations.

Yep. The high road.  Me.  See? Cogito ergo sum.  I think, therefore I am--not playing that game.

And in the near future, you guys may be hearing more about Asphodel.  Just sayin'...

Tuesday, June 14, 2011

Just When You Think You've Got It All Together...

We all have plans.  I have all sorts: plans for my family, plans for my life, and sort of at the top of the list at the moment are the career plans.  I'm at the point in my life that I'd always said I would get around this age: devoting myself to my writing. (Yeah, I'm editing too, but that goes hand in hand with it.  Every manuscript I edit makes my own writing better--I see my own flaws on someone else's page. At any rate) And right at the moment in my personal journey when I'm ready to break ahead and take that next step, something happens to screw it all up.

As life-altering changes go, this one isn't THAT bad. The artifical disc that was supposed to last forever and eliminate my back pain didn't do either. I have to have another back surgery--a fusion to stabilize the broken prosthesis.  A few days in the hospital, a few months in a back brace with very limited physical activity, probably a year or so of physical therapy--and a best case scenario prognosis for the relief of 60% of my pain.

Maximum. More likely? Less than half.

The surgery isn't optional; it has to be done. The broken prosthesis can't be removed. I'm stuck with it. And, as a result, will always have pain.  None of that really bothers me.  This is how stupid I am: I'm worried about not getting the WIP done on schedule--a self-imposed schedule at that. I'm not worried about dying on the operating table or the pain (although that isn't pleasant to consider) or anything else except how long it will take me to be able to stand sitting at my computer and getting back to my story.

Yeah, I realize that for the first week at least, more likely two, I'm not going to give a rat's ass about the story, and with a big incision in my back I'm not going to want to lie down with the laptop either.

But three months????

Three MONTHS!

Damn.

So. The best I can do is to write as fast as I can now and hope for the best.  I figure I'm within 100 pages of the end.  Maybe...just maybe...I can get this done.  And even if I can't, I'll spend a lot of time thinking about it, reconfiguring it, twisting and turning it.

And yes, I find the fact that the story is about Jack the Ripper quite ironic, thank you very much.

Saturday, June 11, 2011

Of Kittens and Keyboards

Since we lost Impy a few weeks ago, the kitten, Thor, has pretty much taken over the house.  Kittens have a habit of doing so, mostly because they're so curious that they constantly get into trouble.  Unfortunately for Thor, his favorite pastimes get him into trouble.

When he's really spunky, he's swinging from my curtains or the furniture or the top of the bookshelf, wailing piteously for rescue.  That's funny and cute--except on the curtains, which now have a plethora of teensy little claw marks, or the furniture now that I've finally trained the big cats to avoid. (they associate claws in the furniture with a water gun. Heh.)  Thor, unfortunately, loves water.  He jumps into the bathtub without checking first, which has resulted in several episodes of dripping kitten.  He plays in the water bowl.  He turns on the kitchen faucet.  Therefore, he is impervious to the water gun and thinks I'm playing with him when I hose him down.

Poor Thor.  Since he loves water, he gets punished with timeout.  He gets put into the bathroom with a stern, "NO!" and left there, to meow and yell and wail for a few minutes until I take pity on him and let him out.  Then he jumps up on me and purrs and chin rubs and cuddles before he takes off to get in more mischief, which usually involves torturing Elf, that cat who most claims me as 'his human.'

But that's not the worst of it.

Thor has several favorite napping places, but his unquestioned favorite is the keyboard of my laptop.  He's still small and lightweight so when he lies down he doesn't depress the keys, but it's damn hard to write with a kitten sprawled out over qwertygfdsacx and z. If I move him, he complains.  If I try to type around him, he yawns and takes up uiohjkb and n as well.  Sometimes we compromise, and he gets right up beside the back of the computer or underneath it when I'm writing on the couch or the bed.

*sigh*

Kittens. 

He's starting to lose that kitten fuzz now, and is more properly an adolescent cat at almost five months.  But he still acts like a kitten, and I have the horrible fear that he's always going to prefer napping on my laptop keyboard.  In another year or so, he'll weigh fifteen pounds and the only letter I might be able to hit is the / or the ' or ] -- which would totally suck. 

But then again, I know now what to do with this laptop when I retire it in favor of a new one. Some cats may like their soft little animal beds, but Thor will always sleep on my old, dead laptop.

Tuesday, June 07, 2011

And Now For Something Completely Different...

...a not quite as serious post.  Ye olde blogge has been a little on the grim side as of late, so tonight while I loosen up my mind for a big writing binge that'll probably end up being an all-nighter, I thought I'd try to lighten things up a little bit with some random thoughts.

Random thought # 1--Just got done watching The Voice.  Christina--FIRE YOUR DRESSER. Child, you don't have any business prancing around in THAT outfit. EVER.  Those thighs were eating those pleather shorts. Seriously.

Oh, the singers?  For me no contest--the two bald ladies on Christina's team and the two guys on Blake's team. Best singer of the night--Beverly. Best performer of the night--Frenchie.  Best moment of the night--Ce Lo singing Queen. 

Random thought # 2--Two great things happened for me in the world of sports today. First, Tyrelle Pryor has ditched Ohio State for his senior season. (there is a God)  Then, Mike Hamilton, the alleged athletic director at my beloved University of Tennessee resigned. (there is a God who wears orange and white) Personally, I think this is a great thing for both schools.  Tennessee can now hire Phil Fulmer, who at least has integrity and knowledge of the area, and Ohio State can have the ultimate honor of me condescending to appear at one of their football games--which I swore I'd never do as long as Tyrelle *Mika Vick* Pryor played there.  That being said, now there are serious grumblings in Columbus on the nightly news about tens of thousands of dollars Pryor allegedly accepted, and people in Knoxville are tossing pictures of Lane Kiffin into bonfires built with Hamilton's office furniture.

Ah yes, a great day in the world of college football.  Now, if they'll only strip USC of their 2004 BCS Championship, my week will be perfect.

(Perfection attained in 3...2...1...)

Random Thought # 3--Right now, the cats are have a demolition derby in my living room.  The favorite and current points leader is Thor, the 5 month old kitten, who is outweighed by the next smallest competitor by at least four pounds.  The cats are all fine--it's the living room that's demolished.  Thor was chasing Sapphire, our sedentary, portly Siamese and they hit a pile of mail and papers on the desk.  Right now, our floor looks white instead of a warm, mellow aged oak color.

And because this is a perfect week, thanks to USC being stripped of their title, someone other than me is picking everything up.

And finally, Random Thought # 4--If I stick to my current writing schedule, What A Pretty Necklace will be completed in 6 days. Right now, Jack the Ripper and my ultimate villain are plotting the demise of my heroine--who, unfortunately for them, has developed a weapon they'll have no defense against.

Ah, steampunk!  I think I'm starting to like you.

Monday, June 06, 2011

Why You Need To Think Twice Before You Self-Publish

Lately, I've been overwhelmed by the foul tempers prevailing in writing forums on any thread that has to do with self-publishing.  I'll admit it--this is partically my fault.  I'm so sick of hearing sad stories from authors who "just wanted to hold my book in my hands" and then are faced with the consequences of their decision to self-publish that are dismissed and scoffed at by people who are absolutely certain that self-publishing is the end of the traditional publishing industry.

But before we begin, a caveat: I BELIEVE (capitalized for emphasis) that in SOME cases, self-publishing is an appropriate choice-- such as books for niche markets, poetry chapbooks, non-fiction with a limited target market. I ALSO BELIEVE (again, capitalized for emphasis) that in the case of fiction, self-publishing should be the LAST choice, not the first.

Now before the self-appointed SP cheerleaders start to divebomb me with their pom-poms, here's why I believe this way...in a bulleted list for your reading ease and comfort.

(Yes, I'm feeling a little snippy)

1. Self-publishing burns your first rights.
2. Self-publishing at this point is consigning your book to the bottom of the publishing pond.
3. Self-publishing doesn't equate with 'published.'
4. Self-publishing companies don't care how many books you sell. Their purpose is to get as many books as possible.
5. Most self-published authors suffer from the stigma of not being legitimately published.
6. 90 % of self-published books are crap, and that figure is low.

Now that I've pissed all of them off, let's elaborate.

First publishing rights are a huge deal.  You aren't going to land an agent or a trade publisher (read: NY publishing house) with a self-published book UNLESS you have immense sales and maybe not even then. Yes, yes...Amanda Hocking. I know.  She had over a million sales, right?  Okay...that's ONE author out of how many?  According to Bowker, there were over 760,000 self-published books in 2009.  Now think--how many other authors have you heard of with sales like this?

Right. And why is that?

Because a self-published book sinks right to the bottom of the publishing pond.  The books that sell the most are the ones that get publicity--trade published books, independent press books and e-published books.  The self-published books that break through those to rise to the top either have an author with a well-known name (like Stephen King) or a well-known platform (either because of a built-in readership or through the marketing efforts the author puts into the released book).  Most self-published books don't get that.  They get bought by family and friends, who leave glowing reviews on Amazon that nobody reads.  Self-published authors also find it difficult to get reviewed, one of the traditional methods of getting people interested in their books.  Do you know why?

Right. Because most people don't equate self-publishing with actually being published.  Agent Rachel Gardner said it best on her blog in a November, 2009 post:

The lure and the prestige of getting a book published has always been based on... what? Exclusivity. It's exciting to get a book deal because many want one, and few can get one.

Published books have always been respected because of the many gatekeepers they had to go through to get on that bookstore shelf. Numerous people had to agree that the book was worthy of publication. Large companies had to invest money and time. All of that added to the value of each book.

Writers had to endure rejection, and be persistent. They had to keep trying harder, improving their writing, to get to the point of being published. And they had to impress a lot of people.

With no more gatekeepers, no more exclusivity, no more requirement to actually write a good book, won't published books lose value? If anybody can get a book published, doesn't that diminish the perceived status of all authors?

That kind of sums it up. The majority of self-published books are pretty awful, to be frank.  Obviously, I haven't read every self-published book in the world but come on, already.  How many of those self-published books are in reality unedited first drafts, thrown out there by people who stupidly buy into the myth that "You, too, can be a publisher author on the road to fame and riches!!!!" by self-publishing companies who don't give a crap what they're publishing.

What?  Oh, of course I have cites for that.


“It used to be an elite few,” said Eileen Gittins, chief executive of Blurb, a print-on-demand company whose revenue has grown to $30 million, from $1 million, in just two years and which published more than 300,000 titles last year. Many of those were personal books bought only by the author. “Now anyone can make a book, and it looks just like a book that you buy at the bookstore.”


See what I mean? It looks just like a book that you buy at the bookstore.  From the same article, there's this too:


Indeed, said Robert Young, chief executive of Lulu Enterprises, based in Raleigh, N.C., a majority of the company’s titles are of little interest to anybody other than the authors and their families. “We have easily published the largest collection of bad poetry in the history of mankind,” Mr. Young said.


Pretty scary. Especially when paired from this quote I found on How Publishing Really Works:

Lulu.com, one of the most popular and cost-effective of the POD services and still independent despite the apparent trend toward consolidation among POD services, is explicit about its long tail business model. In a 2006 article in the Times UK, its founder identified the company's goal: "...to have a million authors selling 100 copies each, rather than 100 authors selling a million copies each." A Lulu bestseller is a book that sells 500 copies. There haven't been many of them.

Doesn't that just make you throw up a little in your mouth?  It does me. Why would you want to consign your novel to a company that wants ten thousand more of you only selling ten books to your family and friends...or yourself?

And if you only sell to your mom and dad and the other eight copies are bouncing around in the trunk of your car, then are you legitimately published?  Are you put on the same level as...well, shall we say, an e-published author?

No.  Because of one line you can find on many major review sites:

We do not accept self-published material for review.

Not too long ago, that line read: We do not accept e-published or self-published material for review.

Again--you sell a million copies, and you get to shed the self-published stigma.  But let's face it: any schmoo who ekes together some kind of guide for pedophiles and self-publishes it on Amazon, then causing a controversy as outrage ripples throughout the www is going to manage to sell 50 books.  Most self-published books don't sell half that number--and the self-publishing companies like it that way. Again--read what those execs had to say. They don't care that because you've self-published your book, people are going to automatically assume it's crap. They LIKE crap, particularly the kind of crap that a deluded author is going to pay premium prices for their ultimate services. But the inescapable sad, tragic fact is that most self-published books ARE crap.

Look, I don't have a motive here unless it's to ease my own conscience.  Over the past year, the number of queries I've received from self-published authors who genuinely believed they could bypass the whole submission process and have a bestseller is staggering.  I looked through my records today, and approximately 40% of the submissions I've received since June of 2010 fit into this category.  These authors are upset and looking to rectify their book's invisibility through any means possible.

"I thought self-publishing was the way to go, but I've only sold five copies in eight months..."

"I really believed that once people started to review my book, I'd get the exposure I needed..."

"I invested almost two thousand dollars into this book and I have to find a way to recoup my losses..."

And so they send those manuscripts to me, hoping that somehow I'll be willing to overlook the fact that their first electronic rights have been burned irrevocably.  And because I'm a sucker, I'll request the whole book. And without exception, those books aren't in any condition to be turned over to my staff for editing much less out there on display for the whole world.  Out of those submissions, I have not accepted one.

Not. One.

So, yes--I'm damn good and mad about this!  I'm inundated with those self-publishing popups everytime I hop online. I could open any website right now and there will be that damn ad I've seen every stinking day for three stinking months.  I really wish I could spam them all with an email that reads, "I'M NOT STUPID. THANKS."

But I can't. My situation is different too. I'm an established author with a very decided career plan, one that I work on every single day for eight hours a day. Self-publishing is not an option for me at this stage of my career. Perhaps later, if I reach a certain undefined level of success, I may self-publish my earlier works when the rights revert to me.  Who can say?

But YOU--the writer who's just finished your first novel and are trying to make a decision as to what's best to do. (and this doesn't apply to people who just want to publish for their own pleasure)  Aside from following my mantra of "write, edit, rewrite, rewrite again, rewrite some more, edit, proof, repeat" (meaning don't ever send out a first draft as a finished product), what else should you do?

If you want a career as a writer, why consign your book to the bottom of the publishing pond?  Start at the top and work your way down.  Try for an agent first, then smaller presses, and then e-presses before you decide to self-publish. Why be one of thousands of writers selling only ten copies?  Strive to be one of ten authors selling thousands...MILLIONS of copies.

Always, always reach for the top of the game, not the bottom, and I'll do the same.  Perhaps we'll meet there someday. I certainly hope so.