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PostPosted: August 21st, 2008, 5:26 pm 
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Joined: April 29th, 2004, 8:49 pm
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Location: God's country
Sorry for being gone so long....lots going on and not going on simeltaneously.

Still battling the publisher deal--trying to trade my ebooks sales for my future options clause. Honest to God, my whole career is based on what I wrote for a crappy contract. He now wants to claim everything I have written since ian extension of the original work when my career in that subject was 15 years BEFORE the book.

Our organization has grown a lot this year and everything is on hold because if I can't produce product without him, I might as well close up.

I know, I know...contract is everything. I don't need to hear that.

Has anyone ever heard of an author pulling their name OFF a book?

My foster son who is battling stage 4 cancer had emergency brain surgery last week so would appreciate prayers.

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PostPosted: August 21st, 2008, 6:44 pm 
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Location: Melbourne, Australia
*hugs* Willow. What a nightmare.

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PostPosted: August 21st, 2008, 8:41 pm 
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Joined: July 14th, 2004, 8:45 pm
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Location: australia
Hang in there, Willow. I'm praying you will find the strength you need to face each day.
You're a remarkably strong woman (even when you don't feel like one) and I know you won't let that turkey win.
As for your dear foster son - all my love and prayers are with him and you and the family.


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PostPosted: August 21st, 2008, 10:01 pm 
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Prayers on the way, Willow. I'm surrounding you and all your family in white light.

Hugs,
Nancy

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PostPosted: August 22nd, 2008, 9:02 am 
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Joined: December 18th, 2004, 9:46 am
Posts: 1971
Location: Central Virginia
Willow wrote:
Sorry for being gone so long....lots going on and not going on simeltaneously.

Still battling the publisher deal--trying to trade my ebooks sales for my future options clause. Honest to God, my whole career is based on what I wrote for a crappy contract. He now wants to claim everything I have written since ian extension of the original work when my career in that subject was 15 years BEFORE the book.

Our organization has grown a lot this year and everything is on hold because if I can't produce product without him, I might as well close up.

I know, I know...contract is everything. I don't need to hear that.

Has anyone ever heard of an author pulling their name OFF a book?

My foster son who is battling stage 4 cancer had emergency brain surgery last week so would appreciate prayers.


Prayers, of course.

As to the 15 year prior nonsense, even a half-assed lawyer can tell you that doesn't work unless it was specifically included in the contract. What does your lawyer say about that?

Yes, some writers have pulled their names off of books, for a variety of reasons. I asked to have mine taken off one book because the publisher/editor didn't like my work, and I liked his results even less. He left my name on. Nothing I can do about that.

This guy is a shark. Have you considered putting all your written material in your husband's name, as told to by...? Then, technically, you're not the author, or so it seems to me.

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PostPosted: August 22nd, 2008, 10:46 am 
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Joined: April 15th, 2004, 8:27 pm
Posts: 349
Location: Chicago
Willow, I'm so sorry. My prayers go out for you, in your contract/publisher hell, and for your son, his health, safety and full recovery.

As for the jerk publisher...have you considered joining the National Writers Union? They offer contract help in these matters (plus they have contract templates for a variety of writer relationships that ensure writers' rights, for future reference). You can check it out on their website:

www.nwu.org

Best of luck.


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PostPosted: August 22nd, 2008, 11:42 am 
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Location: God's country
Thanks everyone. Not sure if the Writers Union can help at this point HOWEVER, am happy to submit my situation so they advise others on future options especially people like myself with extensive career histories. I will look into them though. Maybe they will have a thought we haven't had up til now.

There will NEVER be another publishing contract so I'm not worried about that end. I will only self publish from here on (if there is a here on).

Errr......

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PostPosted: August 22nd, 2008, 2:49 pm 
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Location: Central Maine
(((((Willow)))))

(((((Willow's foster son)))))

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PostPosted: August 23rd, 2008, 12:55 am 
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You and yours are in my thoughts, Willow. Keep your chin up even if you have to do it with your hands. This too, in time, will pass. ((((((( hugs ))))))))

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PostPosted: August 29th, 2008, 7:30 am 
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Heard from the publishers attorney who wants to know 'what we will give them' to let me out of the future options clause.

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PostPosted: August 29th, 2008, 4:13 pm 
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Joined: December 18th, 2004, 9:46 am
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Location: Central Virginia
Willow wrote:
Heard from the publishers attorney who wants to know 'what we will give them' to let me out of the future options clause.


What does your legal beagle say? In all honesty, with such an all-inclusive clause, I'd be tempted to go on to court over it. Slavery is supposed to be illegal.

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PostPosted: August 29th, 2008, 8:10 pm 
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Location: God's country
I hear ya Charlie. I have an arbitration clause so we would go to arbitration and he's not even in the country which is probably why he's more agreeable right now. (<GOOD>)

However, my atty is in NY, arbitration would be in Calif and I'd have to get another atty.

The good news is that my atty DOES feel like it violates free trade laws and a violation of public policy as it pertains to Intellectual Property Law. PERHAPS it might set a precident about these all inclusive clauses. I hope SOMETHING good comes out of this for the higher good, not just me.

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PostPosted: August 30th, 2008, 5:56 am 
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Joined: December 18th, 2004, 9:46 am
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Location: Central Virginia
Willow wrote:
I hear ya Charlie. I have an arbitration clause so we would go to arbitration and he's not even in the country which is probably why he's more agreeable right now. (<GOOD>)

However, my atty is in NY, arbitration would be in Calif and I'd have to get another atty.

The good news is that my atty DOES feel like it violates free trade laws and a violation of public policy as it pertains to Intellectual Property Law. PERHAPS it might set a precident about these all inclusive clauses. I hope SOMETHING good comes out of this for the higher good, not just me.


If the guy doesn't let loose, I'd go fo rarbritration with an offer to give him first call on ONE more book. He'll want three, I'd almost bet. Refuse more than one. Then deliver a carefully thought out outline that requires an immense amount of research that needs travel to complete, and demand that the publisher (any publisher) cover expenses. Or something similar. You may have to do the book, but checking male/female abuse patterns in Tahiti or Samoa or Paris or London or the Scottish Highlands could make it somewhat more enjoyable.

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PostPosted: August 30th, 2008, 12:40 pm 
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I gve him 3 books already after these. Said yes to all, then said no. Most ask for 3. I've given 3. He wanted FOREVER. He's like herpes--he's forever!

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PostPosted: August 30th, 2008, 3:28 pm 
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Joined: December 18th, 2004, 9:46 am
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Location: Central Virginia
Willow wrote:
I gve him 3 books already after these. Said yes to all, then said no. Most ask for 3. I've given 3. He wanted FOREVER. He's like herpes--he's forever!


That's why the arbitration. Unless you can break the contract in court, which you mde difficult by allowing an arbitration clause in the contract, you're going to have to give him something. My idea is simply to make the something so expensive for him that he'll walk on the deal. From his reactions at the current time, your present book must be doing very well, too. Otherwise, he wouldn't bother. Consider hiring an accountant to go over his account with you. Back in the early '60s, a friend of mine did that with a publisher who seemed a bit slick. He got $18,000 back in "corrected" royalties. 18 grand 40+ years ago was a quite nice annual wage. The point being, this will annoy hell out of the publisher, especially if his books are straight (that costs you money, though, so hope for at least a big enough mistake to pay the accountant). You need to develop a case of rotten personality before going to arbitration, so that he's as off-balance as you feel now. No more Ms Nice Gal. Don't accept a single paragraph in any new contract without an argument, no matter how trivial. And so on. If it says galleys will be delivered within xx number of days, demand xx-5. Things like that. If a para says the publisher pays all resonable expenses, demand to have at least a 50-50 shot at deciding what is reasonable and what isn't (but start by asking to be the sole determiner)...the thing is, you have the advantage of absolutely not wanting to work with this guy, so you don't care what he thinks of you. Be demanding. Be unreasonable. Be irrational. Smile a lot at inappropriate times, in person, or do side-snickers on the phone. Scream that he's raping your bank account. All that sort of thing.

He's put you through hell. Make him at least feel like he's in a shark-infested pool and can't swim.

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