Charles Ray's Ramblings

Authors Beware of deals that seem too good to be true – they are just that!

Posted on May 12, 2017

There’s been a number of articles on various sites about publishers who hook unwary authors into contracts that give nothing in return. Many indie authors have fallen into this trap—I include myself, unfortunately, in that number.

When I was working on my first book length manuscript, a book on leadership that I was encouraged to write by a young man who worked for me as my speech writer when I was U.S. ambassador to Cambodia (2002-2005). After slaving over the manuscript for nearly three years, I went searching for a publisher.

I encountered an ad from PublishAmerica, a Maryland-based small imprint that, unlike the many vanity publishers advertising at the time, touted the fact that they PAID authors for their work instead of asking for payment. Knowing, or at least suspecting, that the book I’d written would have limited appeal, it didn’t sound like a bad deal, so I submitted it.

A few weeks later I received an email advising me that my book was accepted for publication. Attached to the email was a contract. Naïve in the ways of publishing, I unwisely didn’t have that contract read by a lawyer before signing it. From what I’d read, it didn’t seem to bad – the advance was paltry (a mere $1.00), and I was locked into an 8-year commitment. But, the book would be published, so I figured I had nothing to lose.

It was published, but from that point on, it was a nightmare. The cover was somewhat amateurish—even then, just learning the art of designing book covers, I could’ve done a better job. The price was a bit high, I thought, but again, I was new to all this and didn’t know any better. I was encouraged to buy copies for myself at a measly discount from the inflated cover price. The royalties were also small; something like 8% of the cover price (compare that to the 75% you can get publishing it yourself through the Kindle Direct Program, or even the rather generous percentage you get when you publish a paperback through CreateSpace). They did, at least, list it on all the major book-seller sites; Amazon, etc.

Surprisingly, there were a few early sales, and I even got it included in a couple of libraries (The U.S. State Department Library, and my college library, to name two). A few people I met at conferences, who had read it, also informed me that they’d purchased copies to use in their management training programs. Despite this, my royalty checks over the past eight-plus years have yet to exceed $50. Looking back, when I compare this to the $100 per month I get through KDP, and an average of $30 per month through CreateSpace and other sales of paperbacks, I can see that what seemed at the time to be ‘too good to be true,’ in fact was just that.

The eight years in the contract are up now, and you would assume, as implied in the contract, my book rights belong to me. Guess again.

PublishAmerica changed its name to AmericaStar, in an effort, I believe, to attract foreign indie authors, but its practices remain the same. It does nothing to promote the books it accepts, beyond importuning the author regularly to buy copies, and lately it has done something that seals its fate as far as I’m concerned.

Over the past 60 days, I’ve been getting emails from AmericaStar nee PublishAmerica, informing me that the company is getting out of the publishing business and going full time to book promotion. In doing so, it plans to sell the rights to the books it holds to another ‘Indie’ publisher, but I can get them assigned to me for a modest fee of $199—it said in the initial emails that this was to cover the cost of removing it from selling platforms, etc.

At first, I couldn’t believe they would have the gall to do something like this, so I just ignored the first four or five emails. Then, they said, if I couldn’t afford $199, for a few days I could get my rights back for a mere $149. Again, I ignored them. A week later, another email, informing me that I had only two days to BUY my rights back, and they were doing me a big favor by reducing the cost to $99.  Thoroughly steamed by now, I just filed the emails away and went on to other projects.

The latest are . . . funny, pathetic, I’m not sure how to characterize them. I now have 24 hours to obtain the rights to my own work for $79. If I fail to do this, someone else (as yet unknown) will own the rights to my book, and they can’t promise what the buyer will do with these rights.

Thankfully, I’ve self-published scores of books since my first mistake, and while I’m not on any best-seller lists, and not getting rich from it, I’m enjoying fairly regular sales, and getting some pretty solid reviews. As for buying the rights back to my own work—I’m in wait-and-see mode. If the last email is correct, I will probably be hearing from the mysterious new publisher someday soon with a request that I buy my book, or something equally ridiculous.

I’ve written that book off as a lost cause, and a lesson learned. Never were the words caveat emptor more appropriate.