Tuesday, November 15, 2005

Chapbook Enterprises Breach of Contract

"Not currently being sold"

Poetic Acceptance, my chapbook, has apparently been put out of print as of today by way of the unlawful termination of my contract by my publisher Shaela Montague Phillips at Meeting of the Minds Publications/Chapbook Enterprises. The "buy it now" button has been removed from the Chapbook Enterprises webpage despite the fact that our contract stated that in order for it
"to be considered out of print, no copies will have sold for a twelve month period, or the request shall be made in writing and agreed upon by both parties."

My book is listed as
"not currently being sold"
(click the above screen shot for a good view of that fact) after only 6 months of availability. There has been no written request or mutual agreement to terminate said contract, nor has there been a written agreement to put Poetic Acceptance out of print.

Also, for the record, despite her promises over the last 24 hours, I've not yet received any payment of the royalties which I was supposed to have received in July of this year. I've even provided her with my Paypal information in order to expedite and simplify that process.

My advice to anyone considering a contract with this company: Don't, unless of course you're looking to begin your publication with an education in what not to do.

6 comments:

  1. I'm sorry this turned out so horrible, Erin. If anyone doesn't deserve to be fucked with by a incompotent, melodramatic halfwit, it's you. (Oooh, it felt good to call someone an incompotent, melodramatic halfwit. :-P)

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  2. Oooh, I am pissed. When the health problems are past, we must look into a self-publishing effort for Erin. A Pox Upon the House of Chapbook Enterprises.

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  3. I can have Jack look into it this weekend, if you want. My instinct tells me it's illegal, and that you can sue them, though suing them will probably cost more than the royalties you've earned. The best route may just be to turn them into an institution that regulates copyright. Sort of a consumers' rights for authors and publishers. I can't be sure, but they can probably lose their ability to publish, or have to pay a steep fine. Again,not really sure, but I'm certain it's illegal and something can be done.

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  4. BTW, I wanted to say that my thoughts are with you and the little one.

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  5. Thanks Ladies, the whole thing sucks, and the timing just makes it worse, but I'm sure I'll live through it. To be honest, the biggest part of it is my disappointment in what I thought was going to be something to really be proud of - instead it's just become this fiasco.

    Jenni
    If Jack wouldn't mind, I'd love to know exactly what could be done. I have no intention of suing her because she owes me MUCH less than it would cost, but I would like to know if there's some agency that this could be reported to, like the BBB, only more specific, so that it would be on record somewhere for other writers to be able to look it up, and maybe save themselves the same trouble.

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  6. Urgh....
    Live and learn, that's all we can do. At least in this 'webby' world we can warn each other and thank you for that.
    As for the payment, even with really reputable and large publishers I've heard of problems and delays, so perhaps there is still hope to get at least that royalty payment.

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