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Worth Knowing

A few weeks ago our dishwasher, an old Kenmore that came with the house, gave up the ghost. After decades of barebones apartment living washing dishes by hand, the thought of not having a machine to do that chore was anathema to my middle class soul.  So my wife and I immediately purchased a new one […]

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You Have All The Time In The World

“There’s someone her to see you,” one of my volunteers, said.  “Who?” I said, not looking up from my paperwork. “A couple with two kids. They said they need to talk to you.” Even though Christmas is just under two months away, the food pantry I run is already busy preparing for the holidays. In […]

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Stealing Fire

I was huffing and puffing on the Stairmaster at the gym a few weeks ago when I noticed a woman staring at me. In her early forties, she was fit, pretty, and wearing a tight workout garment that accentuated her shapely physique.  Since I don’t suffer from the delusion that all women find me attractive, […]

The post Stealing Fire appeared first on Waiter Rant.




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From the Philippines, Not With Love: A Plague of Publishing and Marketing Scams


Posted by Victoria Strauss for Writer Beware®

I've been expending a lot of words and time lately warning about the latest scam phenomenon to hit the writing world: fake publishing and marketing companies that, through outrageous prices and worthless services, extract enormous amounts of money from unwary writers.

Based in the Philippines (despite their apparent US addresses, phone numbers, and telemarketer names) and focusing primarily on small press and self-published authors (particularly authors who've published with one of the Author Solutions imprints), these companies recruit writers with relentless--and highly deceptive--phone and email solicitations. Some do provide the services authors pay for, albeit at seriously inflated prices and often of poor quality. Others just take the money and run. I'm hearing from a growing number of writers who've paid five figures in fees to one--or, in some cases, more than one--of these scams, with next to nothing to show for it.

Given how fast the scams are proliferating (I learn about a new one every few weeks), I thought it would be helpful to gather all the information I've put together about them in one place.

My posts about the scams--where they come from, how they work, and how to recognize them:

- Army of Clones: Author Solutions Spawns a Legion of Copycats
- Army of Clones Part 2: Twenty-One (More) Publishing and Marketing "Services" to Beware Of
- Solicitation Alert: LitFire Publishing
- Amelia Publishing and Amelia Book Company: Sons of LitFire Publishing
- Solicitation Alert: Book-Art Press Solutions and Window Press Club
- Solicitation (and Plagiarism) Alert: Legaia Books / Paperclips Magazine

Here's a list of the scams themselves--at least, the nearly 100 I've identified so far (the list is also posted in the sidebar of this blog). You'll note that a number of them operate under more than one name--I suspect the interconnection is much greater than this, but I've only indicated the additional names where I've been able to reliably document them.

Some have perished since I began the list--I've noted this, but left their names, for the sake of authors who may have been scammed while they were operational.

- Access Media Group (aka Quill Space Media)
- Ace Media Creative Publication / Ace Media International / APM Media Production (aka Pearson Media Groups)
- ADBooks Media (aka Coffee Press / Okir Publishing, which is defunct)
- Alpha Books Solutions
- Alpha Books United
- Amelia Publishing / Amelia Book Company (aka LitFire Publishing / GoToPublish)
- AnalytIQ
- Ascribed LLC (defunct)
- Author Aide
- Author Codex (aka BookSpine Press)
- Author Media Express
- Author Pro Creatives and Marketing (defunct) (still doing business as Matchstick Literary)
- Author Reputation Press
- Author University
- AuthorCentrix (formerly BookBlastPro)
- AuthorLair
- Author's Note 360
- Authors Press (aka Westwood Books Publishing [formerly Greenberry] / Creative Books)
- Beacon Books Agency
- Black Lacquer Press & Marketing
- BooConn Marketing
- Book Agency Plus (aka BookTrail Agency)
- Book Art Press Solutions (aka Window Press Club / Booktimes)
- Book Avenue Publishing (aka Nivra Press, which is defunct)
- Book Magnets
- Book Reads Publishing (defunct)
- BookSpine Press (aka Author Codex)
- Booktimes (aka Book Art Press Solutions / Window Press Club)
- BookTrail Agency (aka Book Agency Plus)
- Book Vine Press
- Books Scribe
- BookVenture Publishing
- BookWhip (aka Carter Press / PRM Solutions)
- Box Office Media Creatives (aka Buzz Media Creatives)
- Bright Lights Distribution
- Buzz Media Creatives (aka Box Office Media Creatives)
- Capstone Media Services (defunct) (now doing business as Stampa / Stampa Global)
- Carter Press (aka BookWhip / PRM Solutions)
- Chapters Media & Advertising (aka Techbooks Media)
- Coffee Press (aka ADBooks Media) (formerly Okir Publishing)
- Creative Books (aka Westwood Books Publishing / Authors Press)
- Creative Titles Media  (aka TrueMedia Creatives)
- Crest Media Distribution
- Diamond Media Press
- Dream Books Distribution
- EC Publishing
- Editor's Creative Media (aka Editor's Press and Media)
- Editor's Press and Media (aka Editor's Creative Media)
- Global Summit House
- Gold Touch Press
- Golden Ink Media Services
- Goldman Agency
- GoToPublish (aka LitFire Publishing / Amelia Publishing / Amelia Book Company)
- Happy Media Consulting
- Haynes Media Group
- IdeoPage Press Solutions (aka The Writer Central)
- Legaia Books
- Lettra Press
- LitFire Publishing (aka Amelia Publishing / Amelia Book Company / GoToPublish)
- Maple Leaf Publishing
- MatchStick Literary (aka Author Pro Creatives and Marketing --defunct)
- McNaughton Books / McNaughton Publishing (website is currently dead)
- Netsfilm & Media Press
- New Leaf Media
- New Reader Media
- Nivra Press (defunct) (still doing business as Book Avenue Publishing)
- Okir Publishing (defunct) (still doing business as ADbook Press / Coffee Press)
- Outstrip (defunct)
- PRM Solutions LLC (aka Carter Press / Bookwhip)
- Pacific Books
- PageClapp Media
- PageTurner, Press and Media
- Parchment Global Publishing
- Paradigm Print
- Paramount Books Media
- Pearson Media Groups (aka Ace Media Creative Publication / Ace Media International)
- Press To Impress Publishing
- Pubkits.com
- Quill Space Media (aka Access Media Group)
- Readers Magnet
- Royale House (defunct)
- Rushmore Press
- Sherlock Press (defunct)
- Silver Fox Media
- Stampa / Stampa Global (formerly Capstone Media Services)
- Stonewall Press (aka Uirtus Solutions) (both defunct)
- Stratton Press
- Techbooks Media (aka Chapters Media & Advertising)
- Toplink Publishing
- TrueMedia Creatives (aka Creative Titles Media)
- Uirtus Solutions (aka Stonewall Press) (both defunct)
- Universal Book Solutions
- URLink Print and Media
- Vivlio (a.k.a. Vivlio Hill, Vivlio Hill Publishing, Vivlio Solutions, Vivlio Marketing Solutions)
- WestPoint Print and Media
- Westwood Books Publishing (formerly Greenberry) (aka Authors Press / Creative Books)
- Window Press Club (aka Book Art Press Solutions / Booktimes)
- WorkBook Press
- The Writer Central (aka IdeoPage Press Solutions)
- YourOnlinePublicist
- Zeta Publishing

(I'm continuously updating this list--adding new companies as I discover them, noting the ones that disappear.)

I know my warnings are having an effect, not just because I'm hearing from writers who've found my posts or my list and have been able to avoid being ripped off, but because some of the scams are getting...a little defensive. Book-Art Press now includes this in its solicitation emails:
The links are to anti-Writer Beware screeds from people WB has exposed.

The grievance is definitely on display in this one, from MatchStick Literary (it also showcases the scams' trademark fractured English):

See ya at Writer Beware, scammers!

UPDATE 12/10/19: I want to highlight this recent comment, which illustrates how ubiquitous and persistent these scams are. Bottom line: if you self-publish, you can count on being solicited. Be on your guard. (By "GoTo", I'm assuming the commenter means GoToPublish.)





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Authors' Concern Grows Over Late Royalty Payments at Dreamspinner Press

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Posted by Victoria Strauss for Writer Beware®

Scroll down for updates

On Wednesday, September 11, Publishers Lunch published an article by Erin Somers about payment issues at Dreamspinner Press, which I'm reprinting here with permission.
Dreamspinner Keeps Promising Authors to "Catch Up What Everyone Is Due" In Payments

Romance publisher Dreamspinner Press has not been paying royalties in timely fashion, authors have been reporting online, at least partially confirmed by emailed updates from the company that have been shared. Earlier this summer, authors posted on Twitter that the publisher had been inconsistent with payments for over a year, including delays in issuing both first quarter and second quarter 2019 royalties. In June, author TJ Klune posted, "Out of the last 8 quarters, this is the fourth time payments have been late, and the second in which I am owed penalties for said lateness." (Klune had said in March he would part ways with Dreamspinner after delivering three more books.) Author Suki Fleet posted, "I'm not waiting on a lot--but what I am waiting on is from foreign royalties paid to Dreamspinner this time *last* year, that I had to specifically ask for."

That month authors began announcing requests to revert their rights, a trend that continued over the course of the summer. There was some controversy within the romance community over whether authors withdrawing their work could cause the publisher to fail (or fail faster), in which case no one would get paid. Criticism extended to authors who supported the publisher as well, even though they were owed money.

Multiple agents PL spoke to said they were no longer doing business with Dreamspinner, except to negotiate their clients' rights back. They told us that acquisitions at the publisher had dwindled over the past year, confirmed by the sharp drop in PM deal reports, with Dreamspinner acquiring mostly from their existing authors, many of whom are unrepresented.

Dreamspinner provided authors a number of explanations in weekly emails, including writing that they had "not received payments from Amazon for UK or EU currencies," that they were awaiting deposits from "vendors," and that the late payments had been caused by a software glitch. In their latest update on September 4, the publisher said that they are anticipating a small business loan that will enable them to issue payments, and that they "can't offer a firm payment date to catch up what everyone is due." The email goes on, "With every set of deposits we receive, we've been sending payments, and we are continuing to respond as best we can to author requests." They added that they can't provide proof of the impending loan that authors have asked for because, "legal and banking documents are confidential and can't be posted online."

Meanwhile, authors including Indra Vaughn, Avon Gale, Jeff Adams, Will Knauss, CJane Elliott, Meredith Shayne, Tia Fielding, and many more have requested rights back. Fielding wrote on Facebook, "In the last year or so, they've repeatedly been more or less late in royalty payments." TJ Klune wrote in an email to the company that he posted on Twitter, that he is owed $27,448 in royalties and plans to involve a lawyer. A Facebook group of 75 former DSP authors has formed for people who have pulled their books or are considering it.

RWA has offered support for authors who have experienced trouble with Dreamspinner. They said in an August 21 statement: "We're aware of the situation, and members who need professional relations assistance, should contact memberadvocacy@rwa.org to reach our staff professional relations manager." Dreamspinner did not respond to PL's request for comment.
Writer Beware has been receiving similar complaints about late royalty and advance payments and confusing/conflicting explanations for the delays, with some authors saying they are owed four- and even five-figure amounts. According to a number of authors who contacted me, these problems have become more acute in the past few months, but they aren't new: periodic payment delays, with attendant excuses, began as much as two years ago.

Although Dreamspinner regularly sends out update emails (you can see an archive of these here), several authors told me they were having trouble getting responses from Dreamspinner CEO Elizabeth North.

Also of concern: in the midst of repeated payment delays, and despite its admissions of financial distress, Dreamspinner appears to be proceeding with sweeping expansion plans, including a shift to mass market paperback format, increasing the number of translations for the foreign market, and rolling out a new accounting and payment system (which several of the authors who contacted me told me they'd had trouble with). Multiple authors told me that they fear that author royalties, which Dreamspinner says go into an escrow account, are instead being used to finance company operations.

Authors' anger at the situation is growing. Meanwhile, Dreamspinner is still open for submissions. Writers who are considering approaching this publisher might want to hold off for the moment.

More information:

Tweets from authors Avon Gale, TJ Klune, Roan Parrish, KJ Charles (search "Dreamspinner" on Twitter to see many more).

Blog posts by authors Mary Winter, RJ Scott, Rhys Ford, TJ Klune.

Non-Dreamspinner author X. Marduk is compiling a Dreamspinner timeline, with lots of links to tweets and blog posts.

UPDATE 12/25/19: The payment problems at Dreamspinner appear to be ongoing. A group of Dreamspinner authors contacted RWA to request help:


You can read the entire letter here.

According to one of the letterwriters, RWA responded that there is nothing they can do. Dreamspinner's issues are now part of the implosion of Romance Writers of America, with writers increasingly furious over RWA's alleged foot-dragging in addressing complaints--not just about Dreamspinner, but generally.

UPDATE 12/28/19: Another of Dreamspinner's eminently reasonable-sounding but holy-crap-if-you-read-between-the-lines updates. (Summary, if you don't want to click on the tweet: they've hired a firm that specializes in financial restructuring to "develop a plan for 2020 and a structured repayment of all past due amounts." They promise to "be in touch with authors directly about their repayment schedule".)
When you have to explain yourself by saying "We want to make clear that this isn't bankruptcy", it's not generally a good sign.

UPDATE 1/16/20: I continue to hear from Dreamspinner authors who have not been paid. Some are owed thousands of dollars for the first three quarters of 2019, and have received no payment at all; some have gotten partial payment, or are owed for fewer quarters. Bottom line: Dreamspinner owes a crapload of money to its authors.

According to the latest update from Elizabeth North, "Payments for November have started posting. They will all be submitted through Tipalti [Dreamspinner's accounting software] by Friday, January 10." What this appears to mean--at least, as of this writing and based on the authors who have contacted me--isn't actual payment (as in, money in bank account), but a status change on Tipalti from "In Process" to "Submitted For Payment." Also, the payments are for November royalties only. Anything prior to that will be folded into the restructuring plan Dreamspinner says it is pursuing.

Other stuff:
  • Writers seem to be requesting rights reversion in droves. Many of them have multiple titles with Dreamspinner.
  • In some cases,Dreamspinner seems to be unilaterally charging certain fees or expenses or other amounts against what they owe individual writers--i.e., reducing royalties owed by whatever the amount of the expense is. I don't want to provide details here, because I don't want to risk identifying the writers.
  • The National Writers Union wants to hear from Dreamspinner authors who haven't been paid.
  • Dreamspinner is fully enmeshed in the implosion of RWA. Claire Ryan has an exhaustive timeline of the crisis that's tearing RWA apart, with references to RWA's anemic response to Dreamspinner authors' complaints, and allegations that recently-resigned RWA President and Dreamspinner author Damon Suede may not have been eligible for the office based on his actual publications.
One thing that's really striking to me in this whole mess is how, if you look at just one of Dreamspinner's announcements and updates, they sound so very businesslike and reasonable. It's only if you go back and read them all in sequence--as I just did--that the facade starts to crumble, with unmet deadlines, moving goalposts, and unfulfilled commitments.

Back in June, Dreamspinner was promising that "the remainder of outstanding royalties" were about to be released...but here we are in January 2020, and they still owe tens of thousands of dollars. In July, they promised that they were "in the final steps" with the Small Business Administration loan, and "estimated funding has been moved back to mid-August"...but as of January, the loan is still pending. Over the months from June through December, they promised repeatedly to get everyone paid (especially, again and again, royalties for Quarter 2)...and then, in December, they suddenly announced the hiring of a firm to re-structure the entire debt from October backward, with no details about the process, or even an end date for it. Presumably, this firm will want a fee...from a publisher that can't afford to pay its authors.

I get that it's tough out there for small presses. Things go wrong. Vendors are tardy. Loans fall through. Personal emergencies happen. But read from beginning to end, Dreamspinner's updates--so reasonable-seeming individually--start to feel like mere excuses. Together with authors' frustrations and complaints, they paint a really troubling picture.

UPDATE 1/17/20: Re: all those November royalties that were to be released by January 10, and are currently listed in authors' Tipalti dashboards as "submitted" but not actually paid...this rather irate email from Tipalti to Dreamspinner in response to an author's inquiry about the delay suggests why nothing is landing in authors' bank accounts: Dreamspinner's payment account is not funded.


This is not good news. It's really starting to feel like there's some serious gaslighting going on here.

UPDATE 3/19/20: Dreamspinner has not provided an author update since January 7, and writers are still reporting that royalties are in arrears. Yet, amazingly, Dreamspinner is open to submissions:


Also seeking submissions: Dreamspun Desires.

Writer beware.




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Scandal Engulfs Independent Publisher ChiZine Publications


Posted by Victoria Strauss for Writer Beware®

If you're not part of the horror or speculative fiction community, you may not be aware of the scandal that over the past two weeks has engulfed ChiZine Publications, a (previously) highly-regarded Canadian independent publisher.

In September of last year, several authors, including Ed Kurtz, made a complaint to the Horror Writers Association about long-overdue royalties at ChiZine. On November 5 of this year, after the complaint became public knowledge, CZP posted a statement on its Facebook page, claiming that Kurtz's royalties were "currently paid in full" and that "Any other monies he might be due will be paid on his next royalty statement". Kurtz's response, posted by his partner on Facebook a day later, was blistering:
The statement from Chizine neglects a number of salient facts, such as the moment in July 2018, at Necon, when I explained to Brett Savory that my partner was facing a layoff, our cat was ill, we were in severe financial distress, and I had *never* been paid a single cent of royalties in what was at that time almost two years for a moderately successful book. He actually grinned and said, "Things are hard for everyone right now" before walking away. The following morning it was reported to me that Sandra was loudly complaining in the dealer room about me having asked about my royalties, and of course the two of them went on a whirlwind trip around the world a few weeks after that, showing us all that things weren't so rough for them, after all.

In fact, I'd asked after my royalties several times and was rebuffed or given excuses every single time (usually something wrong with their accounting software or something similar, which I later learned they’d been saying to authors for years). I only went to the HWA after several other frustrated CZP authors (one of whom hadn't been paid in five years!) strongly encouraged me to do so. I expressed fear of bullying and/or retaliation, and some of these authors promised me they'd have my back (they didn't). And yes, a lot of us got paid through my efforts, though it is untrue I'm paid in full. I was never paid royalties for the months of my first year of publication, 2016, though CZP continues to claim I was. I just gave up on this.
Kurtz's experience was not isolated.

******

Between 2010 and 2015, Writer Beware received a handful of complaints (fewer than five) about ChiZine from authors who cited months-late royalty payments or long waits for contracts. Because the complaints were so few, and also because the authors all did eventually receive their payments or their contracts (though in most cases only after persistent prodding), it wasn't clear to me whether the tardiness indicated a pattern of problems, or was the kind of occasional glitch that can afflict otherwise reputable small presses with small staff and tight finances.

As it turns out, those few complaints were just the tiniest bubbles drifting up from what appears to be a roiling ocean of dysfunction.

Following Kurtz's public response, CZP authors and staff began to come forward with their own experiences--a tsunami of serious allegations including non-payment (some staff say they were never paid for years of work), extremely late or missing royalty payments (years in arrears in some cases; many authors report having to fight for what payment was received), erratically-produced royalty statements (CZP breached at least some of its own contracts by sending out royalties once a year instead of bi-annually--more on that below), missed pub dates, broken marketing promises, and financial mismanagement--especially concerning, since a big chunk of CZP's budget comes from grants and subsidies. (Former CZP staff member Michael Matheson has written a pair of illuminating posts on CZP's finances, including its treatment of grant money and habitual financial distress.)

Staff and authors also--in multiple, strikingly similar posts and complaints, including some received by Writer Beware--cite a toxic work culture that featured bullying, intimidation, sexual harassment, racism, gaslighting, and more. Several of those who contacted me told me that they felt CZP operated "like a cult," with charismatic leaders at the top who were admired and feared in equal measure, and whom many dared not defy.

This account only scratches the surface. For much more:
On November 11, CZP's founders, Sandra Kasturi and Brett Savory, posted a statement on the CZP blog and Facebook page indicating that they have decided to "step down." Although the statement mentions financial issues ("we have taken a short-term personal loan to bring payments up to date"), it doesn't address the many other complaints that have been leveled against the company--and, notably, does not include an apology.

The response has not been kind.

******

Despite all of the above, there are still those who continue to defend CZP, and to brush off the statements by writers and staff. For example, this, from editor Stephen Jones (Jones's post has been removed; this is a screenshot posted to Twitter):

What stands out for me here is not just the skepticism that whistleblowers always have to face (and which, even when the publisher doesn't try to intimidate or engage in reprisals, makes it so much harder for whistleblowers to come forward), but the defense of unprofessional business practice--not just by CZP but, apparently, by small press publishers in general. Small presses are doing something great for writers and readers, so we should "cut them some slack" when they fail to pay, or don't fill book orders, or miss a pub date, or engage in some other kind of behavior that has a negative impact on staff and authors. That's "simply the nature of small press publishing." Deal with it!

It's a really common argument. I can't tell you how often I've seen some version of it--not just from toxic or troubled publishers, but from the writers they are screwing over. But it is bullshit. Complete and utter bullshit.

No matter how "worthy" a publisher may be, that does not give it the right to abuse its writers or its staff--whether by accident or design. Publishers function in the realm of art, but they also need to function like businesses--not like cults of personality, not like sinecures, not like kitchen-table hobby projects where it doesn't really matter that they know little about publishing and have never run a business as long as they've got good intentions. You don't get a pass because you've got a noble goal. You don't get a pass because independent publishers are struggling and we need more of them. You don't even get a pass because you're putting out good books from disenfranchised authors. You need to run your business right, and treat your writers and your staff right, or you have no business calling yourself a publisher.

Which brings me to my next point. The scope and range of what has apparently been happening at ChiZine is bigger than usual (and having seen as many small press implosions as I have over the years, it's amazing to me that it took so long for the scandal to break). But it's important to emphasize that it is not an isolated occurrence. Contract breaches, financial malfeasance, even the kind of harassment and gaslighting and dictatorial behavior that CZP authors and staff describe--all are rampant in the small press world. Just go back through a few years of the entries on this blog, and you'll see plenty of examples.

I don't mean to tar all small presses with the same brush. There are, it's important to acknowledge, many small and indie publishers that operate with complete professionalism and do all they can to treat their authors right. But there is a huge, huge problem in the small press segment of the publishing industry, and we don't do writers--or readers--any favors in dismissing or downplaying or making excuses for it.

I'm not the only one who is making this point. Silvia Moreno-Garcia, who had payment issues with CZP and also has experience running a micro-press, addresses the issue in a Twitter thread:


In a blog post, former CZP staffer Michael Matheson responds to those who would like to see publishers like CZP dealt with more kindly:

And, commenting on the Chizine situation, writer and reviewer Gabino Iglesias points out:


I agree 100%. But I'm not holding my breath.

******

The scandal has unfolded very quickly but there've already been consequences. High Fever Books reports "a mass exodus" from CZP, with authors requesting rights reversions for their books, and withdrawing stories from CZP's forthcoming Christmas anthology. The Ontario Arts Council, one of CZP's funders, has recently removed CZP from its list of grant recommenders. And SFWA has issued a statement:


******

Finally, some semi-wonky publishing stuff.

There's been some discussion of irregularities with CZP's royalty statements. I've seen a number of these, kindly shared with me by CZP authors, and while they're somewhat of a chore to figure out and are missing some information that ideally should be present, the numbers do add up. However, a few things are sub-optimal.

- CZP's contract boilerplate empowers the publisher to set a "reasonable" reserve against returns. There are no specifics, so it's basically up to the publisher to decide what "reasonable" is.

For CZP, "reasonable" seems to mean 50%. This seemed high to me, so I did a mini-canvass of literary agents on Twitter. Most agreed that smaller is better--maybe 25-30%, though some felt that 50% was justifiable depending on the circumstances. They also pointed out that the reserve percentage should fall in subsequent reporting periods (CZP's remains at 50%, unless boilerplate has been negotiated otherwise), and that publishers should not hold reserves beyond two or three years, or four or five accounting periods (CZP has held reserves for some authors for much longer).

(If you're unclear on what a reserve against returns is, here's an explanation.)

- Per CZP's contract, royalties are paid "by the first royalty period falling one year after publication." What this means in practice (based on the royalty statements I saw) is that if your pub date is (hypothetically) April of 2016, you are not eligible for payment until the first royalty period that follows your one-year anniversary--which, since CZP pays royalties just once a year on a January-December schedule, would be the royalty period ending December 2017. Since publishers often take months to issue royalty statements and payments following the end of a royalty period, you'd get no royalty check until sometime in 2018--close to, or possibly more than, two full years after publication.

In effect, CZP is setting a 100% reserve against returns for at least a year following publication, and often much more. This gives it the use of the author's money for far too long, not to mention a financial cushion that lets it write smaller checks, since it doesn't have to pay anything out until after returns have come in (most sales and most returns occur during the first year of release).

I shouldn't need to say that this is non-standard. It's also, in my opinion, seriously exploitative.

- And...about that annual payment. It too is non-standard--even the big houses pay twice a year, and most small publishers pay quarterly or even more often. It's also extra-contractual--at least for the contracts I saw. According to CZP's boilerplate, payments are supposed to be bi-annual after that initial year-or-more embargo. The switch to annual payment appears to have been a unilateral decision by CZP owners for logistical and cost reasons, actual contract language be damned (I've seen documentation of this).

- A final wonky contract point: CZP's contract boilerplate mentions royalty payments (as in, they're bi-annual)--but does not, anywhere, mention royalty statements.

A publishing contract absolutely needs to bind a publisher not just to pay, but to account royalties on a regular basis (whether or not payments are due). If there's no contractual obligation for the publisher to provide royalty accounting, it may decline to do so--and that's not theoretical, I've gotten more than a few complaints about exactly this. Just one more reason to get knowledgeable advice on any publishing contract you're thinking of signing.




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Publisher Alerts: Complaints at Month9 Books, Nonstandard Business Practices at Black Rose Writing


In mid-2016, I wrote about YA publisher Month9 Books' abrupt decision to scale back its list, reverting rights to as many as 50 authors across all its imprints. Explaining the culling, Month9 founder and CEO Georgia McBride cited her own health problems, along with staffing issues and the company's "substantial growing pains" over the past six to nine months.

McBride's announcement triggered a surge of complaints from Month9 authors, who described a host of serious problems at the company, including late or missing payments (for staff as well as authors), problems with royalty accounting, delayed pub dates, broken marketing promises, overcrowded publication schedules, communications breakdowns, and harsh treatment and bullying by McBride.

According to authors and staff, these problems were not new or even recent, but had been ongoing for a long time. Why had authors kept silent? Almost every writer who contacted me mentioned their fear of retaliation--along with the draconian NDA included in Month9's contracts. I've rarely encountered a situation where authors seemed so fearful of their publisher.

Things quieted down after the initial flood of revelations, as they often do. Month9 survived and kept on publishing, though its list continued to shrink: between a high point in 2016 and now, the number of titles appears to have fallen about 50%. Apart from a handful of additional complaints in late 2016 and early 2017 (similar to this one), I didn't hear much about Month9 in the years following.

Until now. Over the past few weeks, I've been contacted by multiple writers who say they are still suffering from the same problems that surfaced in 2016: primarily, late (sometimes very late) royalty and subrights advance payments and statements (in many cases received only after persistent prodding by authors and their agents), and allegations of irregularities in royalty reporting.

The intimidation level, too, seems not to have changed. Most of the authors told me that they feared reprisal for coming forward, and asked me specifically not to mention their names or book titles. (Writer Beware never reveals names or other unique identifying information, unless we receive specific permission from the individual. That disclaimer is included on our website and in our correspondence.)

If you've been following the recent ChiZine scandal, you may be feeling some deja vu--notably, in the alleged existence of a toxic culture within the publisher that makes authors fearful and and helps to keep them silent. It's disappointing to learn that even if the issues that thrust Month9 into the spotlight three years ago have gone quiet, they don't seem to have eased. Writers be warned.

******

I wrote about Black Rose Writing in 2009, in connection with its requirement that authors buy their own books. Writers who submitted were asked how many of their own books they planned to buy; their response was then written into their contracts. (Book purchase requirements are back-end vanity publishing: even if writers aren't being asked to pay for production and distribution, they still must hand over money in order to see their work in print.)

Black Rose got rid of the book purchase requirement a few years later, and claimed to be a completely fee-free publisher. I had my suspicions that money might still somehow be involved, though...and as it turns out, I wasn't wrong.

I've recently learned that new Black Rose authors receive a Cooperative Marketing Catalog that sells a range of pay-to-play marketing and promotional services, with costs ranging from a few hundred dollars to four figures. For instance:


It's true that purchase is optional (though I would guess that authors are heavily solicited to buy). But reputable publishers don't sell marketing services to their authors--and in any case, much of what's on offer are things that other publishers, even very small ones, do for their authors free of charge, as part of the publication process.

That's not the only way in which Black Rose authors are encouraged to pay their publisher. Owner Reagan Rothe is a self-described "financial partner" in two additional businesses: the Maxy Awards, a high entry fee book competition that donates "a large part of every entry" to a charity (how large? No idea; that information is not provided); and Sublime Book Review, a paid review service.

Though Mr. Rothe's financial interest in these businesses is not disclosed on the business's websites, both businesses are clearly energetically promoted to Black Rose authors. On Sublime's website, nineteen of the first 20 book reviews are for Black Rose books. There's also this, from the marketing catalog (note the lack of disclaimer):


As for the Maxys, thirteen of the 17 winners and runners-up for 2019 are Black Rose books.

Mr. Rothe does admit his relationship with the businesses in this recent email to Black Rose authors--though only to afford them yet another opportunity to give him money:





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Vanity Radio: Why You Should Think Twice Before Paying For an Interview


Posted by Victoria Strauss for Writer Beware®

In a super-crowded, hyper-competitive marketplace, one of the main challenges for book authors is to stand out. And where there's a need, there are always unscrupulous operators waiting to take advantage. The internet is awash in worthless schemes and outright scams designed to profit from authors' hunger for publicity and exposure.

I've written about a number of these--Hollywood book-to-screen packages, the hugely marked-up PR options offered by Author Solutions, the plague of marketing scams originating in the Philippines. Others to watch out for include book fair display packages (publishing industry expert Jane Friedman has a good article on why these are not worth your money), pay-to-play book review services, and what I'm going to talk about in this post: vanity radio.

What's vanity radio? In the "writer beware" context, it's radio air time that you, the program guest, have to pay for. Such schemes have been around forever in various forms, aimed at experts and creatives of all kinds, from services that explicitly sell pay-to-play interviews, to show hosts that charge interview fees to defray the fees they themselves have to pay their platforms.

The main selling point is the promise that your interview will be heard by a large and eager audience, giving wide exposure to you and your book (see the pitches that I've pasted in below). But vanity radio is primarily online radio, delivered via platforms like Blog Talk Radio and Spreaker, and streaming services like iTunes, iHeart Radio, and SoundCloud. Online radio listenership is steadily rising, but unless there are subscriber lists (as on YouTube, for instance), there's usually no way to determine the audience for any given host or show--or to authenticate any listenership claims the show may make. Lots of people may be tuning in...or no one at all.

As a result, the only verifiable benefit authors may receive for their money is an audio or audio-and-video clip that they can post to their websites and social media accounts. Whether that's worth it when it costs $99 or $150 or $200 is debatable enough. But when the price tag is four figures?

As always in the realm of junk marketing aimed at writers, Author Solutions has been both the pioneer and the primary practitioner. All its imprints sell vanity radio in some form: here's AuthorHouse's offering, for instance (just $1,099!). iUniverse's is identical. Xlibris and Trafford currently sell teasers rather than interviews (for significantly more money), but through 2017 they too hawked interviews.

Recently, however, AS's leadership in the realm of predatory marketing services has been challenged by a flood of scammy imitators. These copycat ripoff factories have adopted vanity radio in a big way, and they aggressively hawk it to authors, both on its own and as part of costly publishing and marketing packages. Here, for instance, is an offer from Book Vine Press (cost: $1,500):

From Author Reputation Press (cost: £1,500):


From Parchment Global Publishing (cost: $1,499):


The copycats re-sell the services of a number of show hosts (there's a list below), but the three personalities noted above--Kate Delaney with America Tonight Radio, Ric Bratton with This Week in America, and Al Cole with People of Distinction--make the most frequent appearances on the copycats' websites and in their email solicitations. Delaney and Bratton have substantial, legit resumes in TV and radio; Cole is a bit harder to research, but he too seems to have a sizeable track record as a talk show host.

What, if anything, do they know of the reputation and tactics of the copycats that are re-selling their services? I contacted all three for comment last week. Cole's assistant responded in email that "Al Cole knew nothing about this....Our office will certainly look into this." As of this writing, I haven't heard back from Delaney or Bratton.

Given that the copycats routinely charge an enormous markup on products they re-sell (see, for instance, this warning from the Combined Book Exhibit, whose book fair exhibit packages many of the copycats re-sell for hugely inflated prices; the copycats also seriously jack up the fees for paid book reviews such as Kirkus Indie and BlueInk Reviews), it seems a fair bet that the interviews' hefty price tags are substantially inflated as well.

Apart from the question of such interviews' value for book promotion, that seems like reason enough to avoid them.

******

Author Solutions copycats that sell interviews from the individuals mentioned above:

BookVenture, ReadersMagnet, Maple Leaf Publishing, Parchment Global Publishing, Rustic Haws, Branding Nemo, Creative Titles Media, Paradigm Print, Stampa Global, Books Scribe, Matchstick Literary, PageTurner Press, EC Publishing, WestPoint Print and Media: Ric Bratton

LitFire Publishing, Author Reputation Press, ReadersMagnet, BookTrail Agency, Book-Art Press, Box Office Media Creatives, IdeoPage Press, Book Agency Plus: Kate Delaney


ReadersMagnetAuthor Reputation Press, Rustik Haws, URLink Print & Media, Workbook PressParchment Global Publishing, BookWhip: Al Cole


BookTrail Agency: David Serero

BookTrail Agency, Book Agency Plus: Angela Chester


UPDATE 1/9/19: Parchment Global has added the disclaimer in red to its solicitations for Al Cole interviews (it might want to do some proofreading):


I don't know if this was at Mr. Cole's behest (remember, he's the only vanity radio host who responded--if not very expansively--to my request for comment) or is just CYA by Parchment Global itself, but hey--it lets me know that the scammers are still reading my blog.

Do I believe Parchment Global has stopped taking a cut? What do you think?




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How Predatory Companies Are Trying to Hijack Your Publisher Search, Part 3


Posted by Victoria Strauss for Writer Beware®

In my first post about the ways that predatory companies attempt to ensnare unwary writers who are searching for publishers, I discussed fake publisher-matching websites. In my second, I exposed the scammy Google ad tactics of vanity publisher Austin Macauley.

In this third post, I'll talk about an equally insidious practice: providing misinformation or even outright lies about traditional publishing, in order to make self- or vanity publishing appear superior.

Yesterday on Twitter, someone tweeted this chart, which purportedly compares traditional publishing and self-publishing.


If you're even slightly savvy about publishing, the inaccuracies are easy to spot. Trad pubs often pay royalties on retail price (not "net sales"), or pay a higher percentage (higher royalties are especially common in the small press world). Trad pubs that pay advances don't withhold them from less popular authors, and they don't require authors to make "certain minimum orders" or to buy thousands of copies of their own books. And while it's often true that smaller traditional publishers don't provide much in the way of PR or marketing support, and larger houses invest more marketing in more popular books and authors, they don't simply ignore 95% of their output (this makes no sense; what business markets only 5% of its products?)

As for author rights...trad pubs do license exclusive rights from authors, sometimes for a period of years, sometimes for the life of copyright (with reversion usually happening well before then). But they don't gain ownership of them (as "all rights are with the publisher" implies), because the author retains copyright--plus, authors can often negotiate to keep some of their subsidiary rights. And although self-publishing is typically non-exclusive, allowing authors to publish on multiple platforms if they wish, they do still have to license publishing and distribution rights to whichever platform or service provider they choose--otherwise, the platform couldn't legally produce and sell their books.

The chart comes from this how-to-self-publish article, which is really just a long ad for PublishEdge, which is (surprise!) a paid publishing services provider.


PublishEdge is a "division" of Zaang Entertainment Pvt Ltd, which, unlike the Philippines-based scams I've been covering so much lately, is based in India. The range of services it sells aren't priced as high as some of the scammers', but there are still plenty of warning signs: no information about who is providing the services on offer (so you have no idea who they are or if they're qualified); no cover or website design samples (so you have no idea what you'd be getting for your money); and this pitch for ghostwriting services, which invites you to "Discover the simple secret to how celebrities and busy professionals get their books published without actually writing", courtesy of "our book writing experts", who (judging from the description of the service) basically type up a Skype interview into a chapter book. Most likely these unnamed "experts" are hired on Upwork or Fiverr or a similar jobs site (holy plagiarism scandal, Batman!).

PublishEdge isn't alone in misrepresenting traditional publishing in order to make itself look more attractive. Among other alternative facts, this chart from Morgan James, a vanity publisher with an author purchase requirement, claims that "many major houses" require authors to buy 5,000 copies or more of their own books (doesn't that make MJ's 2,500 purchase requirement seem appealing?), and that trad pubs provide no PR or marketing support for 94% of their books and authors. (Hmmm. Could PublishEdge have borrowed a little something there?)

Here's another misleading comparison, from Union Square Publishing, a self-styled hybrid (read: vanity) publisher. It too borrows heavily from Morgan James's chart, with several of the same dubious claims. Here's another one--this time from Success Publishing, which sells Chicken Soup-style anthology slots.

This one, from "custom" publisher Momosa Publishing (packages start at $5,900), doesn't tell quite so many fibs, but encourages you to believe that trad pubs cap their royalties at 6%, and don't market their books to libraries. And then there's this from Atmosphere Press, another so-called hybrid, which wants to convince writers that a $5,000 publishing fee will save them from the "raw end of the deal" they'd get from a trad pub, "losing not just their royalties but also the rights to their material and to their control over their art." Not addressed: the likelihood of ever making that $5,000 back.

These are just a few examples; there are many more. If you use the internet as part of your publisher search, you're very likely to encounter them (in some cases, disseminated by self-styled experts who ought to know better). It's a great argument for a step that many writers skip: learning about publishing before diving into the quest for publication. As with all aspects of publishing, knowledge is your greatest ally and your best defense: the more you know about the way things really work, the better protected you will be against the disinformation described above.

Final note: I know that many writers have had bad experiences with traditional publishers--I've had some myself. Especially in the small press world, many traditional (at least in the sense that they don't charge fees) publishers engage in nonstandard and author-unfriendly business practices. There's plenty of discussion of that on this blog. I'm not trying to paint trad pub as perfect, or argue that it's necessarily a better choice for any given writer.

But deliberate distortions like those described above don't help anyone, even if you don't take into account their obvious self-serving agenda. Tarring an entire segment of the publishing market with a broad negative brush--especially where some of the supposed negatives are demonstrably false--is as irresponsible as arguing (as some people still do) that only traditional publishing is a worthwhile path. 




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Writing Contest Beware: Pressfuls


Posted by Victoria Strauss for Writer Beware®

On Sunday morning, I woke up (late, I admit) to a flurry of emails about an website I'd never heard of before: Pressfuls.

The writers who contacted me reported that they'd entered a free short story contest this past September.


As you can see, pretty minimal information. At the end of October, they received a mass email (which, curiously, cc'd all the recipients instead of bcc'ing them, so that all email addresses were visible to everyone), announcing the winner:


Although the contest entry info hadn't mentioned that the winner would be published, the writers thought they were done and moved on. Some submitted their contest stories elsewhere. Some of those stories got accepted.

Then, just a few days ago, on December 19--surprise!


Writers were shocked. As far as they knew, they had never granted permission for their stories to be published or turned into audio versions--much less made part of some sort of pay-per-view subscription service. As for the request for PayPal information, that sounded really scammy. Writers who emailed Pressfuls to ask questions or emphasize that they hadn't granted publication rights received a non-responsive response reiterating that their story was going to be published, and that "We will give you more details about it in short time [sic]."

So what is Pressfuls? With a web domain registered just six months ago, its current website (which writers tell me has been overhauled since the contest) presents as a short fiction subscription service, with a bizarrely large variety of paid subscription plans. There is no information whatever about staff, owners, the company, or, on the submission page, payment structure and publishing rights.

There's also a couple of new short story contests with 2020 entry deadlines. And that brings me to my main reason for writing this post. Beyond the questionable happenings in this particular case, Pressfuls is like an archetypal object lesson on the kinds of contests you want to avoid.

Count the red flags:

- No rules or guidelines. The page for the September contest is gone, but writers who contacted me say that there were no posted rules or guidelines--and certainly there are none for the current contests. Bad contest rules are a red flag...but no rules at all is a giant, klaxon-blaring, run-away-now warning sign. Pressfuls' attempt to monetize entries it was never authorized to publish in the first place illustrates why.

Never, never, NEVER enter a contest if you can't find, read, and/or understand the rules.

- No information about rights or payment. Plenty of contests have unfriendly rights demands. For instance, you may have to grant publication rights simply by entering, and the contest sponsor may never release them. At least when that info is present on the sponsor's website, you can't say you weren't warned. But if there's no rights or payment information whatsoever, you are really setting yourself up for the possibility of a nasty surprise...like finding out your entry has been included in a subscription service with a sketchy payment plan.

- No information about the company. Do you seriously want to enter a contest whose organizers or sponsors you know absolutely nothing about--not even where they're located or how long they've been around? I'll give you a hint: No. If you can't confirm who's running the contest, don't enter.

- No information about judges. Part of the prestige of a contest (if it has any--and most contests don't) depends on who is doing the judging. Reputable contests disclose their judges.Otherwise, you have no guarantee the contest isn't just pulling names out of a hat.

- English-language errors. Sure, anyone can make mistakes or typos (although you have to wonder about the professionalism of a contest sponsor that isn't capable of proofing its own website). But if it's an English-language contest, and you see errors or odd syntax that suggest the website has been created by people whose first language is not English, be wary. A lot of scams these days are coming from overseas. The Pressfuls website isn't as bad as many I've seen, but there are enough lapses (dropped plurals, missing articles, mis-spellings--for instance, in several locations "Fantasy" is spelled "Fanstasy") to prompt caution. (Pressfuls' emails provide much clearer examples.)

So what is Pressfuls, really? A phishing scheme? A sleazy way to acquire and monetize content? A clueless would-be publisher with no idea how things should be done? I really can't tell. But none of these possibilities are good ones.

A couple of the writers who contacted me told me that Pressfuls complied (though without any acknowledgment) when they demanded that their stories be taken down. However, another writer said that they tried several times and their story is still online.

Since Pressfuls has no real "contact us" option on its website, my suggestion is to send a DMCA takedown notice to its email address (shortstorycontest@pressfuls.com) or, if that yields no response, to the email address of its web host (abuse@in2net.com). You can find out more about DMCA notices (which are legal notices demanding removal of infringed material from the internet) here. SFWA offers a handy DMCA notice generator.

For more information and cautions about contests, see Writer Beware's Contests and Awards page. I've also written a blog post that covers some of the same ground: Some Tips on Evaluating Writing Contests.

UPDATE 12/24/19: Since I put this post online yesterday, Pressfuls has amended the descriptions on its contests. Originally they looked like the description for the original contest (see above). Now they look like this:


This is not an improvement, since there's still nothing about publication or rights. Also, the copyright info is ignorant on multiple levels. WGA and WGC registrations (which are primarily for screenwriters) are not legally equivalent to US copyright registration--and they don't prove anything anyway, since the author already owns copyright, by law, as soon as the words are written down.

I shouldn't need to say that you really want your publisher to have an accurate understanding of copyright.

Writers tell me that Pressfuls sent out another mass email with instructions on how to have content removed, so it seems they're paying attention. We shall see.




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Beware: Wid Bastian a.k.a. Widtsoe T. Bastian / Genius Media Inc. / Kairos Phoenix Company


Posted by Victoria Strauss for Writer Beware®

Scroll down for updates

Early in 2019, seventeen writers were recruited to participate in a box set of medical thrillers, called (with unforeseen irony) Do No Harm.

The buy-in: $750, with net income from sales going to two designated charities, and participating writers receiving a pro-rated share of any net income above those contributions. The goal: through cooperative marketing efforts, to get the set on the USA Today bestseller list.

Here's how the opportunity was presented to potential participants (this is from an email that was shared with me):


In other words, right off the bat, authors were being primed not to expect to make money.

Helming the endeavor was a five-year-old PR company called Genius Media Inc., owned by a man called Wid Bastian (full name: Widtsoe T. Bastian). Per this long 2017 discussion on KBoards, one of Genius Media's not-so-genius MOs was to cold-contact writers by form email and offer glowingly-described Kindle Unlimited promotions. "For you, my estimate on an eBook promo is 10,000 plus downloads and 700 plus sales, positive ROI right out of the gate and huge page read income."

The cost: $2,000.

KBoards members urged caution, especially after expert analysis of Genius's claims indicated that its promotions weren't as successful as it advertised, and information offered by a writer who'd paid for a promo suggested that Genius was violating the TOS of the advertising platforms it used. Also noteworthy: this post from a writer who bought two promos from Genius, and lost money on each one. "That is what Genius Media told me to expect, that the first promo would not show a profit, but that by the second or third promo, they would show a profit." (The writer bought a third promo.)

As it turns out, these concerns were a sign of things to come.

Do No Harm was published, as promised, and made the USA Today bestseller list, also as promised. On October 3 (or possibly October 4), it was unpublished--three (or possibly four) days after the contractually-stipulated end date of September 30.

Per the contract (which you can see here), final reporting and payment was due to authors "no later than December 1". December 1 came...and went. Bastian promised anxious authors they'd get everything by December 15.

One day past that deadline, they did receive a report...but not from Genius Media. Between early December and December 16, with no notice or warning, a company called Kairos Phoenix had purportedly acquired Genius. Other than its business registration--in Wyoming, just like Genius's--and hometown--Logan, Utah, again just like Genius's--Kairos was a black box, with zero web presence. It had incorporated less than a month earlier, on November 22. (You can see the report here.)

That wasn't all that was suspicious. Here's Kairos's financial breakdown:


In other words, USA Today bestselling box set Do No Harm hadn't just failed to make a profit, it had lost money. But...where was the revenue from the $750 buy-in fees--which, with 17 authors, totaled $12,750? (Kairos's explanation: it wasn't included because it was "ordinary income" for Genius Media. "As stated in the contract, the fee was paid to 'participate' in DNH Collab by the author and for no other purpose".) Where were revenues for the days the set had been on sale past the unpublish deadline? (Kairos: "The contractual period for DNH Collab was strictly defined in the contract" as September 30, so any revenue past that date was "irrelevant".)

Equally troubling, why were there more than $15,000 in expenses--three-quarters of which were for "labor"--when the contract stipulated that expenses were not to exceed the total of the buy-in fees? According to Kairos, this wasn't really an expense cap: "This provision was specifically and intentionally included in the contract language to avoid the possibility of a 'cash call' – Genius Media asking authors to contribute more to DNH Collab to achieve the goal of making USA Today Bestseller status. No 'cash call' was ever made in the DNH Collab."

Here's the actual contract wording, though (my bolding):
For the purposes of the USA Today Bestseller Medical Thriller Author Publishing Collaborative Boxed Set program, Genius Media shall not incur any publication and promotion expenses of any nature in excess of the fees paid under the terms of its author agreements and shall have no power to obligate [redacted] or any other author for any publication and promotion expense above author fees paid whatsoever.
There's a "cash call" prohibition and an expense cap. But Kairos wanted writers to believe otherwise, so it could inflate expenses and ensure a loss.

It was obvious to Do No Harm participants that Kairos was taking the money and running--avoiding the substantial payouts it would otherwise have to make by retroactively interpreting contract language, and also enabling Bastian himself to claim he was blameless because of Genius's supposed takeover by an unrelated company. (No one was under any illusion that Kairos Phoenix was anything other than Bastian in a different guise.)

Authors were furious. On December 22, two of them, Christoph Fischer and Dan Alatorre, went public with their experience. Others posted warnings on Kairos's corporate business listing.

Do No Harm isn't the first time Bastian has run this scheme, either.


The box set in question appears to be Tales From Big Country, which was published around the same time as Do No Harm. A third set, Galaxia, was pubbed in September, with profits supposedly going to the Well Aware clean water charity. I've been told that Bastian is recruiting for other sets, including a collection of thrillers.

So who is Wid Bastian, a.k.a. Widtsoe T. Bastian?

His LinkedIn profile ("EXPOSE your new book to develop your author brand and sell more books!") identifies him as the owner of Genius Media, and also of an ebook promotion program called Book Dynamite. In an earlier profile on a freelancers' job site, he describes himself as a "published novelist and screenwriter" (more on that below) who "makes most of my daily bread as a ghostwriter." He also has an IMDB profile, presumably because of his efforts to make a film of the life of Greek Orthodox priest Fr. Themi Adamopoulos.

Genius Media's website has been taken offline, but traces remain in the form of cached pages, and here's how it looked in January 2016, courtesy of the Internet Archive (more recent versions haven't been archived). The company has a D+ rating from the BBB. Bastian also owned or was an officer with at least three other companies during the early to mid-1990s: Off & Flying, Prospex Interntaional [sic] (yes, it really was registered with a typo in the name), and Nevada Pension Investment Fund. Both Off & Flying and Prospex had their statuses "permanently revoked" a few years after incorporating. All three are long dead.

There is also a Widtsoe T. Bastian who pleaded guilty to 13 felony counts including embezzlement, money laundering, and bankruptcy fraud in US District Court in North Carolina, and in 2005 was sentenced to one hundred and forty-four months in prison and restitution of more than $3,000,000. Nothing I can find online directly connects Widtsoe T. Bastian of Genius Media to Widtsoe T. Bastian of North Carolina, so it may be a different person. But Widtsoe T. Bastian is quite an unusual name, as a websearch will make clear.

Finally...I can't say "what goes around comes around", since this pre-dates the ripoff that's the subject of this post, but it certainly seems like a case of advance karma: Bastian's own 2010 novel, Solomon's Porch, was published by none other than Tate Publishing & Enterprises, a notorious vanity publisher that scammed thousands of authors and a multitude of staff, and whose owners pleaded guilty in 2017 to an array of felony charges very similar to the ones described in the previous paragraph.

Tate authors suffered terribly at the hands of their unscrupulous publisher, but Wid Bastian is one Tate author I can't feel all that sorry for.

UPDATE 12/31/19: PACER was down yesterday, so I wasn't able to do a case search. I did so this morning, and here's what's there for Widtsoe T. Bastian:


Some of the listings are redundant, and several cite court documents without any links to those documents. But there's enough available to paint a tangled picture of a 1995 Chapter 11 bankruptcy in Nevada involving several companies in addition to the three mentioned above (the case was finally closed in 2002); a 1999 indictment in Nevada "on charges related to the operation of [Bastian's] venture capital firm"; failure to appear in a Nevada court in 2001; and a 2002 arrest in North Carolina, leading to the plea of guilty on 13 felony counts referenced above.

In 2012, Bastian was placed on probation or supervised release, and jurisdiction over his case was transferred to US District Court for Utah. His probation ended on May 4, 2015.

UPDATE 2/21/19: I'm featuring this comment from yesterday, as it's more indication of a pattern (the commenter has shared documentation with me that confirms what they say below):
In 2013-15, I hired Mr. Bastian as a ghost writer and later co-author of a novel we wrote together called Henry and Tom, sold through Amazon/Kindle Direct Publishing (KDP).

In mid 2015, Mr. Bastian embezzled money from a joint bank account we opened to pay for marketing campaigns for Henry and Tom. Rather than pursue embezzlement charges, I hired an expensive lawyer in Washington DC to transfer all rights for Henry and Tom to me in exchange for a $4K payment to Wid and a non-disparagement clause for both of us. This seemed at the time like the most expedient and cost effective way to deal with all the problems Mr. Bastian had caused.

I thought this matter was concluded until recently when Amazon/KDP informed me that a debt collection firm had placed a lien on Henry and Tom due to a bankruptcy filed by Wid Bastian/Genius Media Inc. KDP is currently sending my royalties to the collector per the lien. I have filed formal complaints with Attorneys General in Connecticut, New Jersey, and New York in an attempt to have the lien removed in states where the debt collectors are registered. I have also filed formal complaints against Wid and Genius Media Inc. with the Attorney General of Utah and the County Attorneys Office in Providence, Utah.

I think blogs like this are creating awareness of the depth and extent of Wid’s continuing criminal activities so we can all work together to stop him from doing this to others and get him to face justice.
You'll note a reference to a bankruptcy. Wid Bastian filed a Chapter 7 bankruptcy petition on January 13, 2020.


A number of victims of his box set schemes are listed as unsecured creditors; if you're one of them, you should have received a snail mail notice, but if you haven't, and are wondering if you're included, here's the Certificate of Notice, with all Bastian's claimed creditors.

The bankruptcy filings also confirm what everybody already knew: Kairos Phoenix was Wid Bastian. The reason he set up this company probably won't surprise you, either.




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Writer Beware: 2019 in Review

Posted by Victoria Strauss for Writer Beware®

Happy New Year! It's that time again--time for a look back at the schemes, scams, and issues Writer Beware covered in 2019.

PUBLISHER TROUBLES

Sadly, there's never a shortage of stories like these.

Scandal Engulfs Independent Publisher ChiZine PublicationsArguably the biggest small press story of the year, the spectacular collapse of Canadian indie ChiZine Publications--amid allegations of non-payment, financial mismanagement, and a horrifically toxic work culture rife with bullying, sexual harassment, racism, and more--posed thorny questions for the small press community about cultures of silence, the treatment of whistleblowers, and the tacit enabling of unprofessional behavior.

Authors' Concern Grows Over Late Royalty Payments At Dreamspinner Press: Multiple author complaints of nonpayment and other problems, for which Dreamspinner has provided confusing and conflicting explanations. (Dreamspinner has become part of the implosion of Romance Writers of America, with RWA accused of failing to assist Dreamspinner authors who requested help.)

Fireside Press Cancels Multiple Contracts: Mass contract cancellations don't generally bode well for publisher health.

Complaints At Month9Books, Nonstandard Business Practices at Black Rose Writing: Long-standing issues, including late payments and bullying, appear to be ongoing at Month9. As for Black Rose, it presents as a "traditional" publisher but, vanity publisher-style, sells a large menu of marketing services to its authors.

Trouble at Dog Ear Publishing: Multiple, long-standing author complaints of nonpayment by this assisted self-publishing company (this publishing model is in trouble generally).

AWARDS TO AVOID

If you've been reading here for a while, you'll know that I'm no fan of contests and awards--not just because they often involve big entry fees (even the legit ones), but because they so often have author-unfriendly rules and guidelines. Here are a few I encountered in 2019.

Can We Get a Do-Over? What do you do when you get caught with predatory language in your contest guidelines? You hastily switch it out, of course. That's what Harper's Bazaar did when the copyright grab in its annual short story competition was outed on Twitter.

Rights Grabs by the Sunday Times Audible Short Story Award: Another prestigious (and rich: the winner gets £30,000) contest with a predatory rights grab.

The Pressfuls Short Story Contest: Why not to enter a contest that doesn't post rules and guidelines: you may discover, as writers who entered this contest did, that your work has been published without your permission.

SAVE YOUR CASH

The shady underbelly of the publishing world is chock-a-block with those who scheme to take authors' money, by fair means or foul. Here are some especially foul examples.

Seven Prolific Vanity Publishers: A look at the vanity publishers about which I get the most questions, including Austin Macauley, Page Publishing, and Christian Faith Publishing.

Anatomy of a Book-To-Screen Scam: One of the most unlikely outcomes of publishing a book is selling film rights. Book-to-screen scammers--who purport to turn your book into a screenplay, shop it to Hollywood, and more--don't want you to know that.

Vanity Radio: Why You Should Think Twice: Should you ever pay for a radio interview? Like paid book reviews, this is an iffy proposition--even if you're not being solicited by a scammer.

A Pack of Scammer Lies: Dissecting the highly deceptive pitch by one especially egregious publishing and marketing ripoff.

ADVICE YOU CAN USE

When a Publisher Claims Copyright on Edits: This predatory practice is a big publishing contract red flag.

How Predatory Companies Are Trying to Hijack Your Publisher Search: Among other sneaky techniques: fake publisher matching sites that purport to guide you to appropriate publishers but steer you to vanities and self-publishing companies; deceptive use of Google ads to do the same thing; fake facts and statistics about traditional publishing designed to make the vanity model seem preferable.

Awards Profiteers: How Writers Can Recognize Them and Why They Should be Avoided: Profiteering awards programs have a secret agenda: making money for the sponsor with huge entry fees. They're not about honoring writers.

GENERAL BEWARES

Be careful out there!

From the Philippines, Not With Love: A Plague of Publishing and Marketing Scams: This is one of the biggest new scam trends threatening self-pubbed and small press authors. Some background on how the scams came to be, plus a list of the nearly 70 scammers I've discovered so far.

Issues at Audible's ACX: Including attempted rights fraud and inexplicably withdrawn promo codes.

Caution: Turkish Publisher Mavifil Publishing (Mavifil Yayinlari): Old scammers never die; they just change their names. A non-paying publisher that stalked writers in 2011 returns to stalk them in 2019.

AMS Literary Agency: Approach With Caution: Old scammers never die; they just change their names. Whoops, didn't I just say that? The owner of one of the most notorious vanity publisher scams ever returns in the guise of a literary agent.

Beware: Wid Bastian aka Widtsoe T. Bastian/Genius Media Inc./Kairos Phoenix Company: A convicted felon, an ebook promo and box set scheme. What could go wrong?

Publishizer: Do Authors Really Need a Crowdfunding Literary Agency? Yet another of those reinvent-the-wheel attempts that are so common in publishing: a crowdfunding site for writers that claims to represent manuscripts to publishers, but is mostly used by vanities and other fee-chargers (some of them seriously questionable).




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Junk Book Marketing: Pay-to-Play Magazines


Posted by Victoria Strauss for Writer Beware®

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On this blog and elsewhere, I spend a lot of time warning about junk book marketing services: so-called marketing and promotional services that are cheap to provide, but can be sold at a big markup, and for the most part are of little worth for book promotion or can more effectively be done by the author him/herself. Some examples: press releases, email blasts, book trailers, book fair display, social media setup, and social media advertising.

All these and more are hawked to writers at exorbitant prices by assisted self-publishing companies like the various Author Solutions imprints--and also, increasingly, by their scam imitators. Either way, they're a ripoff...but the scammers demand even bigger fees, tell even bigger lies, and deliver even more shoddy results. And that's when they're not just taking your money and running.

A few weeks ago, I focused on pay-to-play radio interviews--another junk marketing service--and why they're not worth the huge fees charged by providers. This week, I'm going to talk about pay-to-play magazines. (You'll note that all the companies discussed below are on my Big List of Publishing and Marketing Scams.)

Have you ever received a solicitation like this one?
Or this one?
Or this one?
Of course the books haven't undergone "extensive evaluation", or been "carefully chosen", or showed to "a team" that "really like[s] your vision". Such solicitations are just spam, blasted out to addresses scraped from the internet or stolen from self-publishing company customer lists.

Nor are these real magazines, in the sense of publications that are widely available to the public. Instead, they're collections of ads, interviews, and "feature articles" sold to writers at huge prices, sometimes interspersed with general interest pieces (often really badly written) or, in the case of New Reader Magazine, with fiction, poetry, and art. These "publications" are never circulated in any meaningful sense; they may be posted online, but their primary mode of distribution is from tables in company booths at book fairs...where many of the authors buying ad or interview space have already paid a premium for display.


The prices the faux magazines charge for placement can be enormous. For instance, here's the  "Executive Full-Spread Ad" from Paperclips Magazine, which is owned by (not "partnered with" as claimed in its solicitation email) publishing and marketing scammer Legaia Books:


A "Showcase" full-page ad costs $3,698 ($2,218.80 on sale), and a "Premier" half-page ad clocks in at $2,599 ($1,299.50 on sale). Paperclips' parent company, Legaia Books, also sells publishing and marketing services at high prices, using deceptive sales tactics to target small press- and self-published authors.

Here's one writer's not very satisfactory experience with Paperclips. I've gotten emails from many others.

New Reader Magazine--which looks quite legit if you don't know better--is owned by New Reader Media. Though the magazine actually appears to provide small payments for content acquired via general submission, it charges anywhere from $5,000 and up for the magazine feature and "partnership" mentioned in its solicitation email. Like Legaia, New Reader Media also sells publishing and marketing services at gigantic prices, as well as book-to-screen services (always a scam).

New Reader has accumulated some online complaints due to its aggressive solicitation and poor performance. It has also been caught making false claims, such as that it was responsible for Christopher Paolini's bestselling novel Eragon being made into a movie.

The Christmas magazine that's the subject of EC Publishing's solicitation can be seen here (if you're brave, you can also check out the Las Vegas Edition, produced for the Las Vegas Book Festival). Like most of the pay-to-play magazines, it's a compilation of author-purchased ads and features, laughably badly-written general interest articles, and a smattering of actual advertising. Prices for inclusion range from a few hundred to several thousand dollars, depending on how much space is purchased.

Thanks to its aggressive soliciting, EC Publishing is the subject of a warning from the Australian Society of Authors.

Authors Press's Authorial magazine has its own website (note the "notice of non-affiliation and disclaimer" that pops up if you linger on the home page: the scammers read Writer Beware). Writers can buy a spot in the magazine, starting at fees of a few hundred dollars; ad space or "features" are also included in some of the more expensive promotional packages Authors Press offers.

Authorial's BEA 2019 issue consists of more than 75 pages of author ads, interviews, and excerpts. Just imagine the thousands of dollars in revenue generated by all those pages, some of which include ten or more ads. Also have a peek at Authorial's gallery page, which features photos of  the dozens of books displayed in Authors Press's BEA booth. In 2019, writers were being charged anywhere from $1,000 to $3,500 for presence in the booth, depending on what level of activity they chose. Now multiply all of this by the seven book fairs Authors Press attended in 2019. It's not chump change.

From URLink Print and Media comes Harbinger Post. Like the others, it's nearly all paid content, interspersed here and there with staff-written features. Here's an example of the caliber of that writing:


Other scammy publishing and marketing companies that sell space in proprietary magazines (I've received multiple complaints about all these companies):

Global Summit House: Global Summit House
Litfire Publishing: WayFairer
AuthorCentrix: AuthorCentrix Magazine
Stonewall Press (defunct): GoldCrest Magazine

Print advertising is expensive, and how useful it is for book marketing is an open question. But if it is to be effective at all, it must offer the possibility of being seen by a large audience of potentially interested readers and buyers.

That means circulation, subscriptions, and quality content beyond mere advertising--not ad-stuffed, error-ridden, proprietary publications whose only exposure to the public is a "free, take one" stack on a side table in a book fair booth. Even if the ad slots weren't insanely expensive--and even if writers didn't have to pay for what real magazines never charge for, such as interviews--buying space in these fake publications would be a waste of money.

Writer beware.

UPDATE 1/29/20: It's not just scammers that run this kind of racket. Via its PW Select - BookLife feature (which I discuss here and  here), industry magazine Publishers Weekly has begun to sell a "very special" service:


These prices rival the scammers'. And the promise of print exposure is not quite what it seems. Per PW's Q&A explainer, the interviews appear not in the body of the magazine, but in "PW’s BookLife supplement, which is published the last week of each month bound into that week’s issue of Publishers Weekly". In other words, easy for readers to ignore or skip over.

PW actually has the wide circulation and industry audience the scammers only pretend to. But given the huge fees and the segregation of the interviews in a separate supplement--not to mention the open question of how useful any kind of print advertising is for book marketing--there's more than a whiff of the same kind of exploitation here.




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Writer Beware in the Time of Coronavirus

My home office, with feline assistant.
Posted by Victoria Strauss for Writer Beware®

I rarely make personal posts on this blog. But, as I don't need to remind anyone, these are scary times.

My husband and I are physically fit and in general good health, but we are both 64 and he has an underlying health condition. Based on everything we're seeing and reading, we've concluded that our best covid-19 strategy is either a) not to get sick, or b) to delay getting sick as long as possible in hopes of more treatment options or at least less hospital crush.

Our social distancing began last weekend. We've completely withdrawn from face-to-face social interaction, and are ordering non-perishables and household items online. No more routine doctor or dentist visits. No more stores, library, restaurants, or gym (we're in Massachusetts, where a lot of things are shut down anyway). I'm still on the fence about careful, non-peak hour grocery shopping for fresh produce--but I certainly won't be going while shelves are bare from people's absurd panic buying (some of the same people, probably, who are still having parties and crowding into bars *eyeroll*).

Sarah, my other assistant. Kittehs are a comfort.
We're acutely aware that this is MUCH easier for us than it is for most. We both already work from home. We have decent financial resources. We don't have kids. Elderly relatives are all dead. Family and many friends are geographically distant, so we're already socially distanced there. We can still go out for walks and runs. I can still garden (one of my major passions).

So the changes to our routine are relatively small, compared to many. It's tougher for my husband than for me--the majority of my social life is online, but he is a gregarious person with a wide circle of friends, colleagues, and peers. But there's always Zoom and Skype, and he's making use of both.

For us as for many, stress and fear are daily companions. This is not the zombie apocalypse; there will be a vaccine eventually, and civilization will survive, as it survived the flu pandemic of 1918. But...how bad will it get? How long will it last--will we have to live this way for a year? More? What will happen to friends and family? What will happen to the people who are thrown out of work by widespread (and, I'm guessing, soon nationwide) business closures? The people who have no insurance? The people in prisons and ICE jails, the immigrants packed together at the border? And what about the election? I didn't think, back in innocent December, that that could become more crucial. But, as I stand in horror before the shitshow happening in Washington, it's clear to me that it has.

These and other questions haunt me on a daily, sometimes an hourly, basis. I suffer from depression--have done since childhood--and one of my fears is that I'll sink into a clinical episode. I can feel that possibility stalking around the edges of everything now. I am doing my best to resist. My husband, thank goodness, is more resilient. We work to keep each other's spirits up.

At a time like this, ordinary activities--like maintaining this blog--start to feel irrelevant. But they're not. Life goes on, even in the face of catastrophe. I seriously doubt that covid-19 will put a dent in the volume of schemes and scams that target writers who will still be writing, still seeking agents, still publishing. And one of the most important strategies for resisting helplessness and depression is work, for those of us who are still lucky enough to be able to do it.

Emily: Why are you taking my picture _again_?
So Writer Beware will go on. I'll continue to be active on Facebook and Twitter. As much as possible, I'll post here as I usually do--not always weekly, but as often as I find things to write about. And I urge you to continue to email me with your questions, concerns, reports, and complaints. Please, keep the emails coming.

And: wash your hands.

Don't touch your face.

Cough or sneeze into your elbow,.

Keep your distance: 6 feet is optimal.

Stay home if you can, especially if you're sick (I know this is tough for many to do).

Check on your elderly neighbors (from a distance).

Resist panic buying.

Don't share health information unless you're sure it comes from a reputable source (Facebook, oh my God).

Be safe.

I'll be seeing you.




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Space Kadet: The Twisted Tale of a Sad, Sad Internet Troll


Posted by Victoria Strauss for Writer Beware®

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A couple of weeks ago, my Twitter warning about an amateur literary agent received a fairly curmudgeonly response.


Mistaking it for a serious (if misguided) comment, I responded with a thread about why it's, well, bad for an agent to lie about their credentials. Which prompted this:

Ooookayyyy then.

After a couple more exchanges in a similar vein, plus a not-so-subtle threat (I do give this person credit for knowing the difference between slander and libel), "Dr. Mudgett" flounced.


Soon after, several alert individuals messaged me to let me know that "Dr. Mudgett" isn't just a rando with an inflated sense of self-worth and a profile named after an infamous American serial killer, but one of the sockpuppets of an astonishingly prolific Twitter troll possessed of awesome vitriol and seemingly unlimited free time to indulge it.


The troll's full name is Gary S. Kadet--and though I'd never heard of him before he decided to call me out, he is well known in the Twitter writing community as someone who, via large numbers of fake accounts (most of which have been suspended by Twitter), hijacks popular hashtags like #amquerying, #mswl, and #WritingCommunity to launch vicious unprovoked attacks against writing and publishing people of all kinds, especially new writers and literary agents. So copious is his output--we're talking daily, even hourly tweets--that sometimes he runs out of new insults and has to recycle them. (Sample, if you can stomach it, the stream-of-invective narrative of his Dr. Mudgett Twitter feed.)

I'm always interested in the bizarro side of writing and publishing, and Mr. Kadet certainly seemed to fit the bill. So I put out a call for contact.


I got a perfect flood of responses. I heard from agents and agency interns whom Mr. Kadet had targeted for insults, mockery, and general harassment--especially if they were women, and in some cases after they rejected one of his manuscripts (Mr. Kadet is a [currently] frustrated novelist). I heard from writers he'd savaged for nothing more than posting positive comments about something, or announcing a book sale, or just for talking about writing. Much of his trolling seems to be of the drive-by variety, but I also heard from writers for whom he has conceived a deeper grudge--some of whom he has been stalking and attacking for years, and not just with nasty tweets, either. Some of these individuals told me that he has doxxed them, and made public things about their personal lives they would have preferred not to share. One of his targets was forced to seek help from the police.

Several people have written about their encounters with him (prompting him, in at least one case, to send a laughably bogus cease-and-desist). More personal accounts of Kadet encounters are here. Also here. In fact, he's so famous--at least, as a troll--that he has inspired a parody Twitter account. I guess that's some form of validation, right?

Sockpuppet accounts Mr. Kadet has used in the past (all deleted or suspended): @JohnnyRacetrack, @JimboRockfordPI, @JacktheTrippe11, @JacktheTrippe12, @GaryKDarkLord, @GaryKadet, @RealGarySKadet, @CastleMurder,  @MudgettMania, @MudgettRedux, @FrugSigmund, @Joe_Nesmith. @JoeChristmas6, @ImmortalGSK.

Socks he's using currently (that I know of): @JackMcVea, @KatzProserpine.

Mr. Kadet loathes a lot of people, but for one agent in particular, his hatred burns with a white-hot flame: Gina Paniettieri of Talcott Notch Literary Services. In 2018, Talcott Notch rejected one of Mr. Kadet's manuscripts, to which Mr. Kadet took extreme offense, and he has been targeting the agency and its agents ever since. In addition to a veritable tsunami of noxious tweets, promises to sue, accusations of violating his "IP confidentiality" (apparently because Gina revealed the rejected ms.), and bogus bad reviews wherever he can place them (not always successfully, since they are so demented that they get flagged), Gina tells me that he has called her home to harass her, and that he's currently demanding that she "settle" with him--i.e., pay him off--so that he'll stop.


Here's an interview with Talcott Notch agent Tia Mele about toxic writers in general and Mr. Kadet in particular.

So who is Gary S. Kadet IRL? There's not a great deal to be found on a websearch, but he did publish a novel in 2000 with Forge, and was apparently an editor with the Boston Book Review. He has lived in Cambridge, MA and Providence, R.I. Twitter isn't the only place where he has been accused of stalking.

Soon after my call for contact, Mr. Kadet's @KatzProserpine sock account DM'd me this:


Ooooh, scary! Not to be outdone by his alter ego, Mr. Kadet reached out to SFWA under his own name. Of course, he couldn't resist mentioning Talcott Notch. Also note the date: more than a week before I put this post online.


Mystery Writers of America, one of Writer Beware's supporters, received an identical "complaint" on the same date. Fortunately, both SFWA and MWA know how to handle trolls.

So what's the bottom line here--other than the bigger issue of the toxicity that flourishes on social media and the inevitability of encountering it if you're active online? I guess it's really just the familiar advice: "Don't feed trolls". Starve the energy monster. The thing with trolls is that, for the most part, it's really not personal. They don't care about you; it's your reaction they need. They thrive on your distress, and draw strength from your response. Depriving them of these things may not shut them up--they can't really control themselves--but it is probably the single most frustrating thing you can do to them.

So if you find yourself targeted by Mr. Kadet--or, indeed, if any random tweet of yours receives a nasty or belittling response from an account you've never heard of--the best possible comeback is simply to block the account and move on.

UPDATE: I learned this evening that Mr. Kadet today sent his "bad writer Strauss" message to Horror Writers Association, another of Writer Beware's supporters--and for good measure, sent it to MWA a second time. He has also weighed in in the comments here.

UPDATE 4/10/20: Sockpuppet account @KatzProserpine has reached out again on Twitter, alleging, as it often does, that Mr. Kadet has no Twitter presence...


...and claiming that it is not Mr. Kadet's sockpuppet account...

...while exhibiting Mr. Kadet's twin obsessions (Talcott Notch, nefarious "IP practices"--see Mr. Kadet's complaint about me, above).




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Copyright Violation Redux: The Internet Archive's National Emergency Library


Posted by Victoria Strauss for Writer Beware®

The enormous digital archive that is the Internet Archive encompasses many different initiatives and projects. One of these is the Open Library Project, a huge repository of scanned print books available for borrowing in various digital formats.

Unlike a regular library, the IA does not purchase these books, but relies on donations to build the collection. Nor are permissions sought from copyright holders before creating the new digital editions. And although the IA claims that the project includes primarily 20th century books that are no longer widely available either physically or digitally, the collection in fact includes large numbers of 21st century books that are in-copyright and commercially available--and whose sales the Open Library's unpermissioned versions have the potential to harm.

Most professional writers' groups consider the Open Library to be not library lending, but massive copyright violation. Many have issued alerts and warnings (you can see SFWA's alert here), and many authors have contacted the IA with takedown requests (to which the IA was not always terrific at responding; you can see my account of my own frustrating experience here).

In the fall of 2018, a novel (and disputed) legal theory was created to justify the Open Library and similar initiatives, called Controlled Digital Lending (CDL). CDL's adherents present it as "a good faith interpretation of US copyright law for American libraries" seeking to conduct mass digitization projects, and invoke as support the "exhaustion" principle of the first sale doctrine (the idea that an authorized transfer of a copyrighted work "exhausts" a copyright holder's ability to subsequently control the use and distribution of  that copy; this is what allows used book sales, for example) and the fair use doctrine (a complex principle that permits the copying of a copyrighted work as long as the copying is limited and transformative). As long as the library restricts its lending in ways similar to restrictions on the lending of physical books (for instance, allowing only one user at a time to access each digital format), CDL holds that creating new digital editions of in-copyright books and lending them out is fair use, and copyright holders' permission isn't necessary.

Libraries in particular have embraced CDL. Publishers' and writers' groups...not so much, especially in light of a recent legal decision that rejected both the first sale doctrine and fair use as basis for re-selling digital content. Here's the Authors Guild:
CDL relies on an incorrect interpretation of copyright’s “fair use” doctrine to give legal cover to Open Library and potentially other CDL users’ outright piracy—scanning books without permission and lending those copies via the internet. By restricting access to one user at a time for each copy that the library owns, the proponents analogize scanning and creating digital copies to physically lending a legally purchased book. Although it sounds like an appealing argument, the CDL concept is based on a faulty legal argument that has already been rejected by the U.S. courts.

In Capitol Records v. ReDigi, the Second Circuit held that reselling a digital file without the copyright holder’s permission is not fair use because the resales competed with the legitimate copyright holder’s sales. It found that market harm was likely because the lower-priced resales were sold to the same customers who would have otherwise purchased new licenses. In this regard, the court emphasized a crucial distinction between resales of physical media and resales of digital content, noting that unlike physical copies, digital content does not deteriorate from use and thus directly substitutes new licensed digital copies.

The same rationale applies to the unauthorized resale or lending of ebooks. Allowing libraries to digitize and circulate copies made from physical books in their collection without authorization, when the same books are available or potentially available on the market, directly competes with the market for legitimate ebook licenses, ultimately usurping a valuable piece of the market from authors and copyright holders.
For a more detailed deconstruction of CDL's arguments, see this statement from the Association of American Publishers.

Flash forward to 2020, and the coronavirus pandemic crisis. Last week, the IA announced the debut of the National Emergency Library--really just the Open Library, but with some new provisions.
To address our unprecedented global and immediate need for access to reading and research materials, as of today, March 24, 2020, the Internet Archive will suspend waitlists for the 1.4 million (and growing) books in our lending library by creating a National Emergency Library to serve the nation’s displaced learners. This suspension will run through June 30, 2020, or the end of the US national emergency, whichever is later.

During the waitlist suspension, users will be able to borrow books from the National Emergency Library without joining a waitlist, ensuring that students will have access to assigned readings and library materials that the Internet Archive has digitized for the remainder of the US academic calendar, and that people who cannot physically access their local libraries because of closure or self-quarantine can continue to read and thrive during this time of crisis, keeping themselves and others safe.
What this boils down to, under all the high-flying verbiage: the IA is ditching the one-user-at-a-time restriction that is one of the key justifications for the theory of controlled digital lending, and allowing unlimited numbers of users to access any digitized book in its collection.

The Authors Guild again, on how this harms authors:
IA is using a global crisis to advance a copyright ideology that violates current federal law and hurts most authors. It has misrepresented the nature and legality of the project through a deceptive publicity campaign. Despite giving off the impression that it is expanding access to older and public domain books, a large proportion of the books on Open Library are in fact recent in-copyright books that publishers and authors rely on for critical revenue. Acting as a piracy site—of which there already are too many—the Internet Archive tramples on authors’ rights by giving away their books to the world.
Here's just one concrete example. Katherine Harbour's Nettle King is available for borrowing in the National Emergency Library as a scan, an EPUB, and a PDF (the IA's EPUB versions are OCR conversions full of errors). Published in 2016, it's also "in print" and available on Amazon and other online retailers as an ebook, in addition to other formats. The IA, which never bought a digital license to Ms. Harbour's book and scanned and uploaded it without permission, now is proposing to allow unlimited numbers of users to access it, potentially impacting her sales. How is this any different from a pirate site?

Announcement of the National Emergency Library has been greeted rapturously by the press and by libraries. Less regarded has been the flood of protest and criticism from authors and professional groups. In situations like these, authors and publishers tend to be dismissed as greedy money-grubbers who are putting profits ahead of the march of progress and the noble dream of universal access to content...despite the fact that authors' right to make money from their work--and, just as important, to control the use of it--springs directly from the US Constitution, and has been enshrined in law since 1790.

In response to the outcry over the National Emergency Library, the IA has issued a justification of it, citing the "tremendous and historic outage" of COVID-19-related library closures, with "books that tax-paying citizens have paid to access...sitting on shelves in closed libraries, inaccessible to them." This noble-sounding purpose conveniently ignores the fact that those libraries' (legally-acquired and paid-for) digital collections are still fully available.

If your book is included in the National Emergency Library, and you don't want it there, the IA will graciously allow you to opt out (another inversion of copyright, which is an opt-in system).


Hopefully they'll be more responsive than they were in 2018, when I sent them DMCA notices that they ignored. Or later, when they began rejecting writers' takedown requests by claiming that the IA "operates consistently with the Controlled Digital Lending protocol.”

******************

I've covered this question above, but I want to highlight it again, because it's such a persistent objection when this kind of infringement occurs: Brick-and-mortar libraries lend out books for free, so how are the IA's "library" projects any different?

A few reasons.

- Brick-and-mortar libraries buy the books they lend, a separate purchase for each format (hardcover, paperback, ebook, audiobook, etc.). The author gets a royalty on these purchases. The IA seeks donations, and lends those. Authors get nothing.

- Brick-and-mortar libraries lend only the books they purchase. They don't use those books to create new or additional, un-permissioned lending formats. That's exactly what the IA does. Moreover, one of its additional lending formats is riddled with OCR errors that make them a chore to read. Apart from permission issues, this is not how authors want their books to be represented to the public.

- People who advocate for looser copyright laws often paint copyright defenders as greedy or mercenary, as if defending copyright were only about money. It's worth remembering another important principle of copyright: control. Copyright gives authors not just the right to profit from their intellectual property, but to control its use. That, as much as or even more than money, is the principle the IA is violating with its library projects.

UPDATE: It appears that the IA--on its own initiative--is removing not just illegally-created digital editions in response to authors' takedown requests, but legally-created DAISY editions as well, even where authors don't ask for this (DAISY is a format for the visually impaired, and like Braille, is an exception in copyright law and is also permissioned in publishing contracts).


It did the same thing in 2018, even where the takedown requests specifically exempted DAISY editions. I don't know if the current removals reflect expediency or possibly are just a kind of FU to writers (and, indirectly, to disabled readers), but if you send a removal request to the IA, you might consider specifically asking them not to remove any editions for the blind and disabled (which, again, are legal for the IA to distribute).

UPDATE 4/2/20: The Authors Guild has issued a statement encouraging writers to demand that the Internet Archive remove their books from its National Emergency Library. The statement includes instructions on what to do, along with a sample DMCA notice in the proper legal form.

UPDATE 4/8/20: SFWA has issued a statement on the National Emergency Library, describing the legal theory of Controlled Digital Lending as "unproven and dubious". (A link to SFWA's DMCA notice generator is included.)
[U]sing the Coronavirus pandemic as an excuse, the Archive has created the “National Emergency Library” and removed virtually all controls from the digital copies so that they can be viewed and downloaded by an infinite number of readers. The uncontrolled distribution of copyrighted material is an additional blow to authors who are already facing long-term disruption of their income because of the pandemic. Uncontrolled Digital Lending lacks any legal argument or justification.
UPDATE 4/9/20: The Chairman of the US Senate Subcommittee on Intellectual Property, Thom Tillis, has sent a letter to the Internet Archive, pointing out the many voluntary initiatives by authors, publishers, and libraries to expand access to copyrighted materials, and expressing concern that this be done within the law. 
I am not aware of any measure under copyright law that permits a user of copyrighted works to unilaterally create an emergency copyright act. Indeed, I am deeply concerned that your "Library" is operating outside the boundaries of the copyright law that Congress has enacted and alone has the jurisdiction to amend.
The letter ends by punting "discussion" until "some point when the global pandemic is behind us." So, basically, carry on and maybe at some point we'll talk.

UPDATE 4/15/20: Internet Archive founder Brewster Kahle has responded to Sen. Tillis's letter, claiming that the National Library is needed because "the entire physical library system is offline and unavailable" (even though libaries' legally acquired digital collections are still fully available) and that "the fair use doctrine, codified in the Copyright Act, provides flexibility to libraries and others to adjust to changing circumstances" (there's no such language in the actual Fair Use statute).

Kahle also notes:
In an early analysis of the use we are seeing what we expected: 90% of the books borrowed were published more than ten years ago, two-thirds were published during the twentieth century. The number of books being checked out and read is comparable to that of a town of about 30,000 people. Further, about 90% of people borrowing the book only looked at it for 30 minutes. These usage patterns suggest that perhaps that patrons may be using the checked-out book for fact checking or research, but we suspect a large number of people are browsing the book in a way similar to browsing library shelves.
But this is hardly a compelling argument. Large numbers of these books are certainly still in copyright, and many are likely still "in print" and commercially available (in digital form as well as hardcopy). Just because a book was published more than ten years ago or prior to 2000 doesn't magically cause it to become so hard to find it must be digitized without permission in order to save it. "But they're older books" sidesteps, rather than addresses, the thorny copyright issues raised by the IA's unpermissioned scanning and digitizing.

This passage also tacitly confirms the IA's abandonment of the one-user-at-a-time restriction that is a key feature of the rationale for the Controlled Digital Lending theory. If the basis for your enterprise is a legal theory whose strictures can be jettisoned at will, how credible is that theory really?

Kahle also claims that "No books published in the last five years are in the National Emergency Library". As it happens, the example I provide above (Katherine Harbour's Nettle King) handily disproves this statement: it was published in 2016, and was digitized by the IA in 2018 (you can see the scan here). I seriously doubt it's the only instance. Either Kahle is being disingenuous, or he doesn't know his own collection.

As a sop to creators, Kahle reiterates that concerned authors "need only to send us an email" and their books will be removed. As I've pointed out above, this is yet another inversion of copyright law, which explicitly gives creators control over the use of their work. In other words, it's the IA, not authors, who should be the petitioners here.

UPDATE 4/16/20: This terrific, comprehensive article from the NWU's Edward Hasbrouck examines the multiple ways the Internet Archive is distributing the page images from its unpermissioned scanning of print books--"[o]nly one of [which] fits the Internet Archive’s and its supporters’ description of so-called Controlled Digital Lending (CDL)."




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Contest Scam Alert: Legaia Books Online Book Competition


Posted by Victoria Strauss for Writer Beware®

When is a literary contest not a literary contest?

When its purpose is to make money for the contest sponsor. Alternatively: when its purpose is to assemble a list of likely customers.

Take the online book competition (or book literary contest, or books competition--it doesn't seem to have an actual name) recently announced by Legaia Books, a publishing and marketing scam I've featured on this blog. Here's one of the solicitation emails that are going out:


Sound tempting? Here are all the reasons to kick this "contest" to the curb.

1. Legaia is a scam. This company--which claims a North Carolina address but really operates out of the Philippines--exists to rip off authors. That's really all the reason you need to give this contest a miss...but let's move on.

2. It's a scam within a scam. Legaia's contest has all the elements of a profiteering awards program--a different kind of scam, whose template Legaia is borrowing as a way to make some quick bucks and boost its customer list. Here are the markers:
  • Solicitation. See the email above.
  • A fat entry fee. You have to dig into the contest guidelines to find this: $40 for entries now, $70 for entries after May 11.
  • Policies designed to maximize entries. Most profiteering awards programs offer dozens or scores of entry categories, in order to attract the largest number of entrants and thus the biggest pot of entry fees. Legaia's contest doesn't have categories--but it's "open to all aspiring and established authors", which, combined with what is doubtless a sizeable email solicitation campaign (Legaia is a prolific spammer), is basically the same thing.
  • Mystery judging. The prestige of a literary competition is tied, in part, to the reputability of its judges. If the judges' identities aren't revealed, you have no way to know whether they have any credits or experience that would qualify them to be judges. They could be just the contest sponsor's own staff--or no one at all. Legaia's guidelines include multiple mentions of "judges" but, in true scam contest style, no names.
  • Opportunities to spend more money. This is where entrants' email addresses--which are required for entry--come in handy; non-winners will almost certainly be solicited to buy Legaia's publishing packages and other services. (Contest guidelines also invite entrants without a book cover to "call us for a professional book cover.")
  • Worthless prizes. Profiteering contest sponsors avoid cutting into entry fee income by offering "prizes" that cost them little or nothing to provide. Legaia is no exception. Given that its services are overpriced and substandard, a "Free Book Publication Coupon" is more like a lump of coal than a Christmas present. The "Seal Awards" aren't actual seals--just digital images. Winners are promised a "pitch program" that will expose them to "literary offices and film productions"--despite the fact that Legaia can't cite a single "literary office" or film studio that has ever picked up a book thanks to its (likely nonexistent) efforts. As for the "Marketing Platform worth $15,000"...Legaia offers only junk marketing ("marketing" that's cheap to provide, can be sold for giant markups, and is not effective for book promotion), so the actual worth is closer to zero. 
3. You have to work. In addition to submitting "your (a) manuscript, (b) synopsis, (c) book cover (front and full)" the contest guidelines indicate that there will be a public voting phase (see #7 and #8), which means you will have to bug your friends and family and annoy your social media followers with multiple vote-grubbing posts and announcements. Additionally, you must create a "pitch to the judges" which is "one of the criteria in the second phase of the contest as indicated in Rule 8". You have the option of making a video or using Legaia's "Free Pitch Template," whatever that is; the guidelines offer no guidance on length, content, or anything else.

4. Nobody has heard of it. The supposed benefits of a contest win or placement are often touted by sketchy contests or awards as one of the benefits of entering (not to mention a justification of a big entry fee). You'll be able to tag your book as an "award-winning book" and yourself as an "award-winning author". It'll impress agents and editors! It'll bring visibility to your work! It'll increase sales!

Most contests, however, don't have the prestige or name recognition to accomplish any of that. Agents and editors are well aware of how many dodgy contests are out there competing for writers' money; "I won Grand Prize in this contest you never heard of!" is unlikely to impress them. As for readers and book buyers, how much they care about award and contest wins is an open question--especially, again, where they've never heard of the award or contest. Is it worth $40 (or $70) to you to test that question?

5. A serious lack of literacy. Both the email solicitation reproduced above and the contest pages on the Legaia website are littered with grammatical and other errors (like its many brethren--see the sidebar--Legaia is based overseas). This really shouldn't need saying, but the sponsors of an English-language contest for English-language books should be able to demonstrate a good command of English.

Any one of these factors should be enough to at least cause you to give this contest the side-eye. Taken all together, they add up to a giant, screaming red flag.

My own feeling about literary contests is that they are mostly a waste of time (even if not of money). Scams and exploitation abound in this space (if you're a regular reader of this blog, you know how many posts I write about problem contests). Even where the contest is legit and doesn't have "gotchas" in its guidelines, those that can genuinely benefit your writing resume are a tiny minority. Again in my opinion, writers' time is better spent on publishing or submitting for publication.

That said...if you still are attracted by contests, there are resources on the Contests and Awards page of Writer Beware to help you research ones that won't rip you off. Also be sure to use the search box in the sidebar to search this blog for any contests I may have written about, and feel free to email me with questions.










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