Celebrating failure...

[Burgold]

As many of you know my first novel was published about a year ago. The publisher was a small imprint and as with many small houses these days they were going through some difficult times. Nontheless, I was elated to be published at first.

The first sign of trouble was a delay of one year from the expected production date. Then, came a notice that the company might go under and a request that authors pay for the first thousand or so books if they wanted them published (I didn't do this and asked for my rights to be returned. I was refused and told that the note wasn't meant to go to me). After this, when the book was finally released electronically, there were glitches like the version sent to Barnes and Nobles had no cover, but these were small things.

With some of your help and a bunch of my own elbow grease, I managed to push the book for a short time into the top fifty of Amazon's best sellers. Then I noticed that neither my agent or I got our promised quarterly reports. Through my NPR contacts I got the promise to be interviewed for All Things Considered and a few other major shows. I even got some folks on CNN to agree to interview me. The only thing I had to do was get them a book or a galley. The publisher failed to do so.

Well, I didn't get my first quarterly report, nor my second, nor my third. I also never seemed to get a royalty check. My agent did get some sob stories about business hurting and Amazon being slow on payments. Still, we couldn't get movements nor the rights to the book back.

It's been a long simmer since. Today, the publisher finally made the wrong move. He announced that he's going to an all ebook model. Well, that broke the contract. I was published a run of 5,000 books and a hundred author copies.

Today, I got the rights back. I'm back to square one. I'm not whole, but I am a little relieved. The question is whether I should get a lawyer and try to get back what I'm owed. The problem with that is that it would probably cost more than I'd get back.

Ah well, at least he no longer has right of first refusal on new works!

[chipwhich]

Don't hire a lawyer. The only ones who win are the lawyers.

I just went through a business divorce, I "won" but I spent a lot of money to do so.

[Burgold]

Don't hire a lawyer. The only ones who win are the lawyers.

I just went through a business divorce, I "won" but I spent a lot of money to do so.

I think you're right. At the moment, I'm feeling kind of tired, kind of down, but also a little happy. Suing would just make me bitter and angry. Kinda sucks, on facebook, Gbear thinks he found a website that said that I had at least 1,300 sales on one outlet alone.

Sigh.

[SpringfieldSkins]

I suppose that really depends on what you are owed.

I won't ask and I would assume that you don't want to tell (aside from the fact that I don't know what's "worth it"), I'd assume that a lawyer isn't with it.

I'd consider it a small victory in the war of ultimately getting your book published.

[Special K]

Oh dear Burgold, that's terrible to hear. I know you worked so hard on that novel and were so proud of it (for good reason )...so I'm so sorry you have to go through something like this.

I think my advice would be to at least talk to an attorney so that you have all the information from which to base your decision. Perhaps it would be more costly to pursue the publisher in court, or perhaps not. I am not a lawyer at all, so I have no idea. However, I always like to have the full picture, or as much of the picture as I can get prior to making any type of relatively major decision.

Anyway, I hope things work out for you and you are able to resolve this matter to the point where you're ok with it...

I know it's cliche, but I am a firm believer that when one door is closed, many times a better door is opened by God (or whoever one does or doesn't believe in) that will lead us down a much better and happier path. I've seen this happen in my life recently and believe in it more than ever.

All the best to you

[visionary]

Damn, that almost makes me glad that I haven't had anything published. lol
(although I've sort of been thinking of just somehow putting my stuff out there for free anyway the past few years)

It sucks that you've had to go through all this crap though.
I really liked your book, and just finished it while I was in the Bahamas a few weeks back.

Good luck with this. I hope things work out, whatever route you decide to go.

[China]

Sorry to hear that. But at least you got your rights back. I hope it works out better for you in the future

[DallasCowboyFan156]

I'm not a lawyer but considering that the publisher also screwed you out of interviews with All Things Considered and CNN you may also be able to get compensation for potential sales lost. Who knows how many potential readers you may have reached on those shows. It's something to keep in mind.

[Bang]

Sorry to hear. If at first you don't succeed.. kick em in the nuts.

~Bang

[Burgold]

Thanks all. Yeah, it's a blow and a relief at this point. I really wasn't sure if I should say anything or when and I was truly hoping that it would work out or turn around. Overall, it was pretty amazing that my book got out there and that people generally responded well to it.

Mostly it sucks on a monetary level, but it wasn't enormous money I don't think based on what I can determine. On the other hand, not having seen the numbers or having a way to verify that they are real I can't really determine what I should have been paid. It's the oddest flaw that author's can't get numbers from a distributor and that they are bound only to talk to the publisher (at least that's what the main distributor told me). In the world that should be that wouldn't matter. Unfortunately, that's not the world we live in.

[No_Pressure]

It could be much worse, you could have found out that you weren't actually cut out to be an author and nobody liked your book. It seems your only problem was publishing, as long as it was well received you've done a good job. I don't know if this is the case with you, but a lot of people I know who are writing a book are not doing it because they want to make lots of money and become famous off of it. They do it because they feel they have a great idea or story to share with others. Naturally, I assume your disappointment rests squarely with the fact that not nearly as many people got a chance to even know about your story as you would have liked. Sometimes these things take time. Keep writing though, your next book might be a pretty big deal, and then all your fans are going to want to go back and find your "lost novel".

[Burgold]

It could be much worse, you could have found out that you weren't actually cut out to be an author and nobody liked your book. It seems your only problem was publishing, as long as it was well received you've done a good job. I don't know if this is the case with you, but a lot of people I know who are writing a book are not doing it because they want to make lots of money and become famous off of it. They do it because they feel they have a great idea or story to share with others. Naturally, I assume your disappointment rests squarely with the fact that not nearly as many people got a chance to even know about your story as you would have liked. Sometimes these things take time. Keep writing though, your next book might be a pretty big deal, and then all your fans are going to want to go back and find your "lost novel".

There is solace in that. There are really two disparate parts. The craft of storytelling and writing and the business of writing. You're right that there is a certain joy in writing, honing, and telling the tale or hearing an audience's response to your work and that part is the most joyful. On that level, the novel was/is a success. It's a fun book, pretty well received, and I had fun making it.

It's the business level, that daydream to be blunt to make money off of it in order to allow me to pursue other efforts where this failed, but mostly it failed because the publisher didn't pursue certain opportunities that were handed to him which most first time authors can't get and worse, because the publisher decided not to honor his contract in multiple ways which prevented me from pursuing other business opportunities or expanding this one for both of us.

[Yusuf06]

Well, that sux.

I think your best bet is to go for a settlement. They probably know your damages don't exceed the legal costs you'd pay to get them but you might be able to get a little something from them since it sounds like they don't have much cash to devote to a legal defense. I recommend you at least talk with an attorney about it.

The good news is that as others have mentioned it sounds like you're a promising up and coming author. I think this is just one of those bumps in the road.

[Larry]

BTW, I should observe that, as a writer, you suck at writing headlines.

I don't see anything about your story that says "failure", to me. Or "celebrating". (Unless you mean "I'm celebrating that I'm a UFA, now".)

You may have gotten shafted. But I certainly don't think you failed.

[Thiebear]

Well, if its a celebration then congratulations!!!! Good to see you didn't go down with the ship.
Where on Amazon is that book? Can't see it...