Shining a bright light into the dark corners of the shadow-world of literary scams, schemes, and pitfalls. Also providing advice for writers, industry news, and commentary. Writer Beware is sponsored by the Science Fiction and Fantasy Writers of America, Inc.

October 11, 2017

Scam Alert: Fraudsters Targeting Freelancers With Fake Job Offers

Posted by Victoria Strauss for Writer Beware

Fraudsters are reportedly conducting a phishing scheme aimed at freelance writers.

Individuals using the names of editors and senior management for The Atlantic magazine have sent out numerous fake job and interview offers, using multiple email addresses and made-up domain names. The goal is to obtain personal information, including Social Security numbers, addresses, and other sensitive data. More than 50 writers have reported being targeted by the scheme.

From a memo sent to The Atlantic staff by General Counsel for Atlantic Media:
The perpetrators have gone so far as to conduct job interviews by phone and gchat; to require signature on employment agreements, direct deposit, and tax forms; and to mail fake checks to individuals (in the hope that these “advances” would be cashed, thereby providing the perpetrators with bank account information and/or credit card information). To date, we’ve been contacted by more than 50 would-be victims, and the names of at least six of our top editorial leaders have been used.

Unfortunately, scams like this one are very common in today’s landscape. We are actively working with law enforcement and are directing any intended victims to do the same. We are also making information available about the scam on our websites and in the magazine.

If you discover that you or any of our colleagues are being impersonated, please provide details to FraudAlert@AtlanticMedia.com, which will route the information to the IT department. Likewise, if you receive any inquiries from potential victims asking you to confirm the veracity of an email purporting to have come from The Atlantic, forward those inquiries to FraudAlert@AtlanticMedia.com. IT will connect with any would-be victims to advise them of the scam and to refer them to law enforcement.
Be careful out there!

September 1, 2017

Small Press Storm Warnings: High Hill Press

Posted by Victoria Strauss for Writer Beware

There's trouble at High Hill Press, a once well-regarded small press "created to offer writers a small niche between the huge New York publishing houses, and the often high-priced print on demands."

Both to Writer Beware and in a private Facebook group, High Hill authors report publication delays, non-payment of royalties, non-provision of royalty statements, hundreds of books ordered and paid for but never received, books released full of errors that the publisher refused to correct, and serious, ongoing difficulty with communications--from angry responses to questions by the owner, Lou Turner, to threats of legal action, to no response at all.

These issues, which reportedly began in 2016, have only gotten worse. High Hill's Facebook page has been dormant since last October. No books have been published since December 2016. Lou Turner has been MIA for months, with emails and phone calls going unanswered, including attempts at contact by the Authors Guild.

In a May post to the High Hill authors group, someone identifying herself as Turner's sister claimed that Turner was having "health problems" and that family members were stepping in to manage her affairs. A BBB investigator who visited Turner's home in July in response to a complaint was reportedly told the same thing by Turner herself. But there's no sign of any management at High Hill Press, where authors are desperate to terminate their contracts and move on. By all indications, High Hill Press is dead--but until there's an announcement or authors' rights are officially returned, all authors can do is wait.

Meanwhile, High Hill Press is still open for submissions, with a fully functional website (the bookstore is password-protected--which doesn't make a lot of sense unless you figure that it caters mainly to High Hill authors).

Writers, beware.

UPDATE 9/9/17: High Hill Press now has an F rating from the Better Business Bureau, due to failure to respond to complaints. There are 3 complaints...so far.

UPDATE 9/27/17: As noted in a comment below, the High Hill Press website is gone. As far as I know, there's still been no communication with authors.

August 16, 2017

Solicitation (and Plagiarism) Alert: Legaia Books / Paperclips Magazine

Posted by Victoria Strauss for Writer Beware

When the late, unlamented Tate Publishing & Enterprises went belly-up a few months ago, I started hearing from Tate authors who were being contacted by self-publishing companies and other for-profit enterprises looking to recruit new customers. Some of these were straightforward, reasonably reputable (if overpriced) businesses. Others...not so much.

Very active trying to snag Tate authors was Legaia Books.


Here's how Legaia describes itself (bolding and errors courtesy of the original):
Legaia is a book publishing company created to aid writers in seeing their works in prints. Whether you’re a beginner or a published author, and whatever is the genre of your work (memoirs, fiction, non-fiction, children’s book, or even poetry collection), it is always our pleasure to be working with you. Legaia has no reservations to anything in particular other than those that contradict what is in the terms and services. With the application of new technology and information, we are able to accommodate our clients and are maintaining this accessibility for a better relationship.
The whole website is written like this, which should be a gigantic clue that things aren't kosher. If that's not enough, consider the eye-poppingly expensive publishing packages (which don't offer anything that's not available elsewhere for much less money), the hugely overpriced "online media publicity campaign" (based largely on cheap-for-the-provider services that can be sold at an enormous markup), and the nebulously-described "Online Retail Visibility Booster", which costs $6,499 and wants you to believe that's a fair price for something called a Booster Tool that supposedly gets you more reviews on Amazon.

You can also buy advertising in Paperclips Magazine, which among other "opportunities" encourages authors to pay $1,999 for a book review or $4,999 for a "Paperclips Author Article." According to the Legaia website, Paperclips is "a social online magazine that showcases books and author experiences in the publishing industry"; according to email solicitations like the one above, it has "over 2 million subscribers worldwide" (a bit hard to believe, given the mix of terrible writing, puff pieces, and ads that make up most of its content).

What both website and solicitations fail to mention: Legaia and Paperclips are one and the same, a fact Legaia admits on its LinkedIn page. This is the kind of profitable closed loop that allows an author-exploiting enterprise to hit up its victims multiple times.

As for Paperclips Magazine, it's...interesting. Not just for the amount of money that must have been generated by all the author articles and ads. Not just for the insanely awful writing by the "Editorial Team" (screenshot at left).

No. For the plagiarism and the intellectual property theft.

The Paperclips website includes numerous short articles with the byline Chloe Smith. Much of this content actually belongs to other authors. For instance, a piece called 7 Active Reading for Students: here it is at Paperclips, under Chloe's name. Here's the original, attributed to the real author: Grace Fleming. How about 10 Keys to Writing a Brilliant Speech? Here it is at Paperclips. Here's the original, by Bill Cole. Ditto These Are the 8 Fundamental Principles of Great Writing. Here it is at Paperclips. Here's the original (with a different title), by Glenn Leibowitz.

I could go on. There are lots more examples. And that's just the Paperclips website. The magazine also includes stolen content. At least Why Print Books are Better than eBooks, and Ways to Improve eReaders bears the name of its true author, Greg Krehbiel...but Greg has confirmed to me that Paperclips published it without his permission. (It originally appeared here.) (I also reached out to two other authors included in the same issue, but as of this writing I haven't heard back.)

Any bets on whether Paperclips got permission to use images of Dr. Seuss characters on the cover of its latest issue? Or asked George R.R. Martin if it was okay to re-publish his August 2016 blog post--complete with original artwork from the illustrated anniversary edition of Game of Thrones?


A bunch of other things don't add up.  Legaia/Paperclips has a North Carolina address, but it's a virtual office. Legaia's LinkedIn page claims the company was founded in 2008, but its domain wasn't registered until late 2015. Similarly, Paperclips' LinkedIn page says it started up in 2012, but its domain wasn't created until November 2016 (I also couldn't find any issues of the magazine earlier than December 2016). I've been able to locate only two actual human staff members (neither website includes staff names, and the two names I've seen on Legaia's author solicitations, Emily Bryans and Serena Miles, appear to be wholly imaginary); both are based in the Philippines, and one formerly worked for Author Solutions.

Between these things, the English-as-a-second-language writing, the overpriced and exploitive "services", the plagiarism, and just the general sleazy feel of it all, I'm strongly reminded of LitFire Publishing, which has a very similar business model and M.O, and was established by Author Solutions call center alumni in the Philippines as a sort of low-rent Xlibris-AuthorHouse-iUniverse-Trafford clone. Are LitFire and Legaia the same operation? Probably not. But it wouldn't surprise me if Legaia has the same provenance.

"Emily Bryans" is currently soliciting authors for something called Paperclips Magazine's Author Circle, which is supposedly arriving this October and will feature "celebrity authors and multi-awarded literary contributors" (wonder how many of them know they're included?) No word on how much it will cost to join up, but I bet it's a bundle.

Writer beware.

August 9, 2017

Lawsuits, Liens, and Lost URLs: The Latest on America Star Books / PublishAmerica

Posted by Victoria Strauss for Writer Beware
America Star Books seems to have gone out of business. (See below for a full writeup.)

But ASB has not terminated any of its contracts, or returned authors' rights. Hundreds of ASB books are still on sale.

This is unfair and wrong. If ASB is dead, authors' rights should be released, and payments for services that weren't delivered should be refunded. A defunct company should not hold its authors' rights or money hostage.

Writer Beware urges ASB authors to contact the Consumer Protection Division of the Maryland Attorney General's Office and file a complaint. In your complaint, EMPHASIZE THAT YOU ARE A CONSUMER -- i.e., that you paid money to ASB for goods or services that were not delivered or were defective.

Multiple complaints can produce action. When notorious vanity publisher Tate Publishing & Enterprises closed down last spring without returning rights or refunding payments, hundreds of author complaints to the Oklahoma Attorney General spurred an investigation that resulted in the indictment of Tate's owners on multiple felony charges.

Currently, just 18 complaints have been filed against PA/ASB -- but 16 of those were filed in the past 12 months. Help bring that number up. You can file your complaint online or by regular mail. Here's a link to the online complaint form; it includes a link for those who'd prefer to file by mail: http://www.marylandattorneygeneral.gov/Pages/Complaints/general.aspx

If you have any questions, or if you have any information or insight into ASB's closing, please contact Writer Beware.

This post has been updated.

It's been a while since I wrote about America Star Books, née PublishAmerica, one of the most prolific author mills in America (also the subject of scores of author complaints, and the recipient of an "F" rating from the Better Business Bureau). So what's been going on?

In May 2015, ASB/PA co-founder Larry Clopper filed suit against PA/ASB, co-founder Willem Meiners, and several others, alleging breach of contract, among other causes, and demanding dissolution of the company and appointment of a receiver. After over a year of legal maneuvering--which included the appointment of an appraiser, a counterclaim by Meiners/PA/ASB, and the issuance of subpoenas by Clopper to various PA/ASB banks and creditors--the parties agreed in July 2016 to stipulate to dismissal with prejudice.


I don't yet know what was in the settlement--I've put in a public records request, and will report back when I get the documents--but over the duration of the lawsuit and afterward, things have changed at PA/ASB.

Sometime after September 2015, ASB's About Us page--which previously had touted its founding "by book publishers with a long history of publishing experience"--began to reference the "new" America Star Books: "Run by its employees, from the bottom up....The company has a management, but there's not much top-down going on at America Star Books." (Here's what the page looks like today.)

At some point after September 2016, all mention of the translation program with which PA/ASB launched its 2014 name change was removed (here's what the website used to say about that, courtesy of the invaluable Internet Archive; here's what it says now). And in November 2016, PA/ASB put a hold on submissions "throughout [sic] the end of 2016."

That hold appears to have become permanent. Here's how the submission page looks today:


And here's what was briefly posted at a now non-working ASB web address:
America Star Books no longer accepts new authors. ASB Promotions will morph into Paperback Services in the near future....Paperback Services works side by side on location with Paperback Radio, America's only live 24/7 station about books and writers.

Paperback Radio and Paperback Services are both owned by PA/ASB co-founder Willem Meiners (Paperback Services has a web address that goes nowhere at the moment).
In the kind of feedback loop that's common with vanity publishers, items from Meiners' Paperback Radio (ads"experts lists"), along with a variety of "promotional" and other services from Meiners' Paperback Services, were offered for sale to PA/ASB authors in the Meiners-owned PA/ASB webstore.

That's not all. More signs of change/trouble at PA/ASB:

- According to Amazon, ASB was issuing books pretty regularly through the beginning of 2017, albeit at a reduced rate from previous years (around 10-15 per month). Since mid-May, it has issued just two titles.

- ASB currently has three open liens against it from the Maryland Dept. of Labor, Licensing, and Regulation, totaling $50,754.


- As of this writing, some ASB URLs are disabled: www.americastarbooks.net no longer works, nor does www.store.americastarbooks.pub, which used to host the PA/ASB bookstore and promotional "services" store (here are some examples of those services, courtesy of the Internet Archive). ASB's Facebook page also appears to be defunct (unless they've blocked me, which is possible). The PublishAmerica URL, which used to re-direct to America Star Books, now directs again to the old PA website (which hasn't been updated since 2013, but still has an open submissions portal).

- There's a bookstore link on the ASB website, but it doesn't work. PA/ASB books are still for sale at online retailers, but the PA/ASB bookstore doesn't appear to be online anywhere at any web address.

Is this really the end of America Star Books / PublishAmerica? Hard to say. There are rumors of bankruptcy, but I've searched on PACER and I've found no sign of any bankruptcy filings.

Questions remain. If ASB does disappear, what will happen to the books and authors currently under contract? If ASB Promotions, or Paperback Services, or whatever it winds up calling itself, survives as a separate entity, will spammer-in-chief Jackie Velnoskey continue her prolific program of email solicitations and comment spam?

Stay tuned.

UPDATE 8/14/17: ASB's one remaining web address now returns an account suspended message.
As far as I know, ASB/PA hasn't sent out any notifications or communications as to what's going on.

Authors, if you get any kind of notice or email from ASB, would you please contact me? Thanks.

UPDATE 8/19/17: I'm getting emails from authors wondering what to do. What happens with their books that are under contract? If ASB is really dead, can they take their books and publish elsewhere?

Right now, in my opinion, that wouldn't be wise.

All signs point to ASB being gone. Its website has vanished. Phones aren't being answered. Emails are bouncing. Putting those things together with the signs of trouble that I've discussed above, if I had to guess, I'd guess that ASB is history.

But...there's been no official announcement of a closure. I just checked again and there's still no sign of any bankruptcy filings, either under the business names or the owners' names. And ASB/PA books are still for sale new at online booksellers. I think there's at least the possibility that ASB might find a way to sell or otherwise transfer its huge catalog to some other entity (which many of the ASB/PA contracts I've seen allow it to do without asking authors' permission). Another possibility: ASB/PA books might somehow be folded in with Willem Meiners' Paperback enterprises.

Bottom line: we don't actually know what is going on, or what will happen. Until we do, it would be risky to take books that are under contract with either ASB or PA and try to re-publish them. The issue isn't just the possibility that ASB/PA or its successor might come after you, but that any new publisher or self-publishing service will require you to have full power to grant publishing rights. If you're currently under exclusive contract to a different publisher, and it's not clear that publisher is out of business, you don't have that power.

I'm also hearing from ASB authors who've paid for services they haven't received. My advice would be to immediately file a dispute with your credit card company or with PayPal (depending on how you paid). I've heard from a number of Tate Publishing authors who got money back this way. Feel free to use this post as justification.

Keep watching this blog for updates.

UPDATE 9/11/17: I noticed this a couple of weeks ago, but didn't post an update because I wasn't sure if it was a glitch. It's been long enough now that I'm guessing it's not.

Willem Meiners's Paperback Radio appears to have gone the way of  America Star Books. Its URL yields a "Site is currently offline" message. Its Twitter feed hasn't been updated since July 16. Its Facebook page is no longer available.

What's going on? No idea. There's still no sign of any bankruptcy filings, or any word from anyone at ASB. Publishers do a lot of bad things, but one of the worst is to do a bunk and leave authors in limbo.

If anyone has information or insight into the ASB/Meiners situation, will you please contact me? Your identity will be kept confidential. Thank you.

UPDATE 9/14/17: I've learned that this past June, some (though apparently not all) PA/ASB authors received an email from Willem Meiners announcing ASB's closure and transformation into Paperback Services. Here it is:
From: willem@americastarbooks.pub
To: [redacted]
Sent: Tuesday, June 6, 2017, 3:08:46 PM EDT
Subject: A letter from the CEO: name change coming

Dear [redacted],

At America Star Books we have reached a new milestone. As of later this week all of our book marketing and promotion efforts will be continued under a different name: Paperback Services. Our book promotion staff, Jackie Velnoskey, Kerrin Wuchter, Sarah Balukoff, and Sarah Freitas, will work using that new Paperback Services name. Nothing else changes there.

Not to worry — if your book is a hardcover, it will also be represented by Paperback Services. The name relates to that other entity that you have heard so often about: Paperback Radio.

I founded Paperback Services recently. I founded Paperback Radio a year ago. The station has been in the air nonstop since then. My motive was simple: there are many publishing companies today that will publish an author's book, either for free or for a fee. But there is no other radio station where everyone can hear about those books, let alone listen to what the author has to say about it. Paperback Radio is the nation's only 24/7 station about books and writers.

America Star Books no longer accepts new authors and publishes no more new titles. Nor do we attend any new trade shows under that name. Last week's Book Expo America was ASB's last event. Paperback Services, however, now takes over your book promotion with gusto, and will be at all the big events: Book Expo, Frankfurt Book Fair, Miami Book Fair, London Book Fair, Los Angeles Times Festival of Books, the ALA library conventions, and more. Oftentimes Paperback Services will be there side by side with Paperback Radio.

Reporting live from the venues that until now only came to you through photos on Facebook is going to add a totally new dimension to the trade shows where your book is being promoted. Wherever you are in the world you'll be able to hear, live, what's going on in the towns where you spent your precious book promotion money. You will now be able to hear strangers talk about your book as they discover it.

Later this week you will start receiving emails from the book promotion staff that you know, Jackie, Kerrin, Sarah, and Sarah, that end with @paperbackservices.com. Same people, same array of marketing opportunities, new email addresses. There will also be a support@paperbackservices.com address, for all your questions.

Not only am I the founder of Paperback Radio and Paperback Services, but I also founded America Star Books and its predecessor, way back in the late 1990s. My mission then was to enable as many writers as possible to have their book published at no cost: I published almost 70,000 books, for free. I showed other publishers how to do it, and today many are doing a fine job. Now the time has come to make a difference in book promotion, so that your book can actually be discoveredamong all the others. With Paperback Services and Paperback Radio we are going to make this happen for you.

Thank you!

America Star Books,
Paperback Services,
Paperback Radio,

--Willem Meiners, founder and CEO
UPDATE 9/29/17: Thanks to an anonymous tipster, I've learned that Willem and Alice Meiners have put their house up for sale. According to Zillow, it was listed on September 5 (an interesting date, since Paperback Radio vanished at around the same time). A sale is already pending. (How do I know this is their house? Numerous online sources confirm their address.)

Think about how abruptly ASB, Paperback Radio, and Paperback Services vanished from the web. Then consider the sale of the Meiners's home, and the fact that all of this occurred within the same two- or three-week time period in mid-August to early September. It's curious, no? Especially in light of the optimistic tone of Meiners's June 6 announcement email. It's looking more and more to me as some sudden personal or financial or legal crisis is behind what's happened.

I've also heard from a couple of PA/ASB authors that the print versions of their books are suddenly showing as "currently unavailable" on Amazon. I did a quick check of recently-pubbed PA/ASB print books on Amazon and Barnes & Noble, and the majority of them are now listed as "currently unavailable" or "temporarily out of stock". It seems pretty clear that ASB is no longer interacting with its printer.

Kindle editions are not affected. Those are still on sale.

UPDATE 9/30/17: More bad news for PA/ASB.

Bookmasters' 2015 lawsuit against PA/ASB, which was settled in early 2016 when both parties stipulated to dismissal, has just been re-opened "for failure to comply with stipulation of settlement." A motion was filed by Bookmasters on August 16, and the case was re-opened on September 19. Screenshot below (you can see for yourself on the Maryland Judiciary Case Search website).


UPDATE 10/18/17: This is bizarre and I don't know what to make of it, but the americastarbooks.com URL has resurfaced...in Vietnamese. Some of the content of the old ASB site has been retained, specifically the About Us page, which is in English. Screenshot below.


None of the books shown on the site are or were published by ASB, as far as I can tell. Screenshot of the domain registration info:


What does it mean? I have no clue.

In other news, ASB now has a fourth lien against it, this one for over $28,000.


UPDATE 11/6/17: The following advice (originally posted in the comments) was received by an ASB author from a literary lawyer. I'm reproducing it here, along with my comments in bold.
I sincerely sympathize with you and all the others who have been victimized by America Star Books/PublishAmerica. I don’t handle disputes with PublishAmerica and its spin-offs --- litigation against it is too expensive for the typical person, and the results questionable. You should, of course, file a complaint with Maryland Consumer Protection Division (http://www.marylandattorneygeneral.gov/Pages/Complaints/general.aspx).

I can state the following, which you may find helpful:

1. As of today, there is no record of a bankruptcy filing by either ASB or PublishAmerica in Maryland. If a bankruptcy were filed, the bankruptcy trustee would have the rights to books under contract, they would not automatically be returned to the author. Several class actions suits have previously been attempted against PublishAmerica but were dismissed because the differing status of the plaintiffs did not qualify for a class. Individual lawsuits were hampered by an arbitration clause. Even if such suits were successful, the chance of recovering money from the owners is doubtful.

2. For most authors, getting their rights back is the paramount issue. One alternative is to file suit against in state court (District Court for Frederick Maryland, NOT federal District Court) alleging breach of contract (provided there is no arbitration clause in their contracts). If ASB is out of business, a default judgment will be granted if service or process can be obtained.

3. Another alternative is to send a certified letter to the last known address of ASB alleging breach of contract for failure to pay royalties and demanding reversion of rights. Typically the letter will not be signed for by ASB and returned; the author then can record the letter and explanation of the breach of contract with the Copyright Office (https://www.copyright.gov/circs/circ12.pdf ) This would give the author a basis to argue he or she has the rights when dealing with a traditional publisher. Whether a traditional publisher is willing to take the risk is questionable, since there was no decision by an arbitrator or court that the publishing agreement was breached. (I frankly think it is highly unlikely that any professional publisher, large or small, would be willing to take this risk.)

If you wish to self-publish again, however, there are legitimate companies that will help. In that event, in the highly unlikely event that ASB alleged copyright infringement against the author because it alleged it still owned the rights, the author would defend on the issue of breach of contract. (Be aware, though, that most self-publishing platforms' and author services companies' Terms of Use require you to warrant that you have the unencumbered right to enter into a publishing agreement--which, without an official reversion of rights from ASB, it is not clear you do. Punishment for a breached warranty could be removal of your account. See, for example, Section 7 of CreateSpace's Member Agreement: https://eu.createspace.com/pub/signup/view.memberagreement.do )

4. The problem of ASB still selling the author’s books on Amazon and other sites is a separate issue. Once the author takes the position that ASB has breached its agreement and thus it no longer has the rights, you can send DMCA takedown notices to the web sites selling the ASB versions (see http://publishlawyer.com/protecting-your-copyright/ ). Depending on whether ASB files a counter-notice, this may work. (ASB won't file a counter-notice, but whether this methd will work will depend on whether the website accepts your position as valid.)

July 25, 2017

Infringement by Galaktika Magazine: Authors Guild and SFWA Reach Settlement

Posted by Victoria Strauss for Writer Beware

On July 20, the Authors Guild and the Science Fiction and Fantasy Writers of America announced that they had together reached an agreement with Hungary-based Galaktika Magazine.

For at least a decade, Galaktika re-published stories by multiple authors without seeking permission or remitting payment. Galaktika claimed that, since the stories had been published online, they were in the public domain--which is contrary to copyright law.

From the joint press release:
Under the terms of the agreement, Metropolis Media, Galaktika’s publisher, promised to seek permission for any works they use in the future and to compensate the authors whose works were published without permission. Galaktika has agreed to pay each author whose work it infringed fair compensation, with the fee to be negotiated on a case-by-case basis....

The agreement comes as a result of efforts by the Guild, SFWA, literary agents, and authors to hold Galaktika’s publisher accountable for reproducing copyrighted works in print and online issues of the magazine in violation of the authors’ rights.
Complaints about non-payment by Galaktika date back to at least 2006, and infringement complaints go back to at least 2012.

The problems didn't get wide exposure, however, until March 2016, when journalist Pintér Bence conducted an investigation for Mandiner Magazine that found "blatant copyright infringement" of dozens of authors in 2014, 2015, and 2016. In the March 2016 edition, for instance, "of the five [English-language] authors published in the magazine, not a single one was informed of the publication; they had not consented, nor were they given royalty in exchange."

SFWA also became aware of the infringement in 2016, in part as a result of Bence's article, but also because of several complaints to the SFWA Grievance Committee and to Writer Beware. In September 2016, SFWA issued a statement on the situation, formally recommending "that authors, editors, translators, and other publishing professionals avoid working with Galaktika until the magazine has demonstrated that existing issues have been addressed and that there will be no recurrence."

SFWA and the Authors Guild joined forces in the fall of 2016, after literary agent Jonathan Lyons brought the problems to the Guild's attention.

The agreement, say the two organizations, "sets a benchmark for transparency and gives individual authors leverage in pursuing their claims." Metropolis Media won't be off the hook for infringement claims until all authors' claims have been settled to the organizations' mutual satisfaction. To assist with that, SFWA will make public a complete list of all authors who are owed money, and had not already come to an agreement with Galaktika as of June 1, 2017.

The complete list of infringed authors and estates is online at the SFWA website.

Authors (or agents representing authors) whose works have been infringed in Galaktika may contact Dr. Katalin Mund with their claims. She can be reached at mund.katalin@gmail.com. Authors Guild members can also contact the Authors Guild at staff@authorsguild.org for help negotiating their settlements.Affected authors can request the details of the unauthorized publication(s), including the names of stories and publication date by emailing settlement@sfwa.org. SFWA members who believe that Galaktika is not living up to this agreement should contact John E. Johnston III at griefcom@sfwa.org.

May 4, 2017

The Law Finally Catches Up With Tate Publishing & Enterprises

Posted by Victoria Strauss for Writer Beware



Today, Oklahoma Attorney General Mike Hunter filed eight felony charges and one misdemeanor charge against Ryan and Richard Tate, respectively CEO and founder of vanity publisher Tate Publishing & Enterprises, for alleged fraudulent business practices.

According to local news station KFOR,
The charges include four felony counts of embezzlement, one felony count of attempted extortion by threat, two felony counts of extortion by threat, one felony count of racketeering and one misdemeanor count of embezzlement.

Since the businesses ceased operations in January, the Attorney General’s Consumer Protection Unit has received 718 complaints from authors or musicians who contracted with the companies.

Complaints from customers range from failure to deliver products and services that had been previously paid for; failure to pay royalty earnings, per contractual agreement; and refusal to return files unless the customer agreed to pay a $50 processing fee.

“The means by which Ryan and Richard Tate conducted business to defraud individuals from across the country is unconscionable and a blatant disregard for those who entrusted them to produce their work,” Attorney General Mike Hunter said. “I appreciate the dedication and hard work by the agents and the attorneys in the Consumer Protection Unit, who put this case together.”
Among other findings, investigators discovered that money received from authors was routed, via Tate's business accounts, directly to the personal accounts of Ryan and Richard Tate.

The Tates have been apprehended, with bond set at $100,000 each, and ordered to surrender their passports.

There's more coverage at the Journal Record.

This is good news. Tate is one of the most unscrupulous vanity publishers Writer Beware has ever tracked, and its callous disregard for authors, staff, and creditors was on full display long before it closed its doors last January, amid mountains of debt, hundreds of author complaints, and multiple seven-figure lawsuits. Just days before the Tates' apprehension, Tate Publishing had unexpectedly risen from the dead, claiming to be ready to "once again lead the publishing industry."

For a detailed account of Tate's deceptions, failures, sudden demise, and unexpected resurrection, see my previous blog post.

In a press conference on May 4, Attorney General Hunter promised that his office would seek reparations for Tate authors (though with the multi-million dollar judgments against Tate probably taking priority, I think it's unlikely that much, if anything, will turn out to be available). He also said that Tate Publishing's apparent re-boot, as well as the possibility that the Tates were working on starting up a new venture (possibly another publisher called Lux Creative, about which there have been rumors for some time) were factors in the timing of the arrests. Overall, it's clear that the AG is taking this very seriously.

Ryan Tate, buttonholed by reporters on his way to his arraignment, unsurprisingly declared his innocence.
“We’re looking for our day in court and fighting them and we’ll make sure the truth wins out,” he said.

When asked about the countless victims, he said, “That’s not true, we went out of business for about three months but we have about a thousand authors total so most of them are very, very happy."
Worth noting: in a January interview, Richard Tate was claiming 39,000 authors. I'm guessing that was a teeny bit inflated, but I'd also bet dollars to donuts that Ryan is lowballing. Even if he isn't...we know that 718 Tate authors have complained to the Attorney General since the beginning of this year. So if Tate does have only 1,000 authors, clearly most of them are nowhere close to happy.

The Tates are out on bail at present, and a preliminary hearing is set for September 6. They apparently now have an attorney (two previous attorneys quit for lack of payment).

What can Tate authors do now? You've already done a lot; your complaints to the Attorney General were instrumental in leading to Ryan's and Richard's arrests. The AG has heard from authors not just in the USA, but from all over the world.

But there's still more to be done. The AG is still looking for Tate victims. If you haven't yet filed a complaint, consider doing so now--more complainants will give the AG's office more to work with in building its case against the Tates, and you'll also get your name on the list for restitution, if there is any.

Here's the form to fill out to file your complaint with the AG's Consumer Protection Division. You can also visit the Attorney General's website at https://ok.gov/oag/.

And if you hear any news, please email me or post it here.

UPDATE 8/31/17: The preliminary hearing for Ryan and Richard Tate has been pushed back to November 27. Officials need additional time to investigate author and musician complaints, which right now stand at 1,674.

If you're a Tate author or musician and haven't yet filed a complaint with the Oklahoma Attorney General's Office, you can still do so.

Lightning Source has reportedly stopped pursuing collection of the nearly $2 million Tate owes it, but Xerox is continuing its efforts to recover a similar amount.

February 16, 2017

Red Flag Alert: Loiacono Literary Agency, Swetky Literary Agency, Warner Literary Group

Posted by Victoria Strauss for Writer Beware


In the late 1990s, when Writer Beware first started up, the digital revolution was just peeking over the horizon. Traditional publishing was still the only path to publication, and literary agents were the principal gatekeepers.

As a result, there existed a huge and lucrative subculture of dodgy literary agents, who fed on writers' hunger for publication and turned the (false) promise of access into money. Upfront fees, editing referral schemes, vanity publishing scams: the list was endless.

No more. With the enormous growth of small presses and the expanding number of self-publishing options, agents are no longer the be-all and end-all of a writing career, and fewer writers decide to seek them. Writers are also more savvy these days about proper business practice. This has been bad news for the predatory agent subculture, which has shrunk to a sickly shadow of its former self. Fee-charging agents, once the most common of all literary pitfalls, are now relatively rare.

That's not to say they don't still exist.

LOIACONO LITERARY AGENCY

There's an impressively large list of book placements on the website of Loiacono Literary Agency (motto: "Where 'can't' is not in our vocabulary!"). In this case, though, size isn't everything, because apart from a handful of sales to larger publishing houses, most of the books have been placed with small presses that don't require authors to be agented. For most of the publishers Loiacono has worked with, the authors likely could have placed the books on their own and saved themselves a commission.

This isn't why you hire an agent. Another thing you don't hire an agent for: hooking you up with vanity publishers. A very large number of books on Loiacono's list have been placed with Argus Publishing. Argus, which has also done business as A Better Be Write, A Book 4 You, and A-Argus Book Better Book Publishers, has offered "investment" contracts requiring up to four-figure fees (Writer Beware has received a number of documented complaints). Its owner is a former tax preparer who in 2005 was permanently enjoined from tax preparing by the US Department of Justice, which found that he had filed fraudulent returns.

Despite all of the above, I probably would not have bothered to post a warning about Loiacono, had it not been for a recent change in its author-agent agreement. From the email Loiacono sent to authors at the end of December:
In the current contract, the only charges are for any expenses that may incur (postage, foreign exchange, etc.), $250.00 per year, which has not been used for any author so far, and a $500.00 cancellation fee should the author wish to terminate contract before it expires or the publisher cancels, which breaches the LLA contract.

In the new contract, for any new Work(s) there will be an administrative fee of five hundred dollars ($500.00), made payable to the Agency upon signing. This is a one-time fee, unless the Work(s) do not contract with a publisher and require renewing after one year. Renewals are two hundred fifty dollars ($250.00) per year. Upon publication of the Work(s), only the LLA 15% shall apply.
Charging administrative fees is old-school predatory agenting. But the "cancellation fee" is a new wrinkle. I've gotten a lot of complaints about publishers that force authors to pay to terminate their contracts early (this is a potentially abusive practice)--but this is the first time I've encountered an agency that penalizes its clients for such termination--and does so even where the termination is not the author's fault. Wow.

Upfront fees, contract termination penalties, multiple placements with a vanity publisher: the Loiacono Agency is a trifecta of "writer bewares".

(Literary agent Janet Reid has also weighed in on Loiacono Literary.)

SWETKY LITERARY AGENCY

The 25 or so book placements claimed by The Swetky Literary Agency (don't you love that dawn-of-the-web vibe) is much, much smaller than the list claimed by Loiacono.

In other ways, though, it's similar. There's a handful of placements with reputable independent and specialty presses; the rest are "sales" to vanity publishers (Koehler Books) and small presses that authors can work with on their own. Also, even if every one of Swetky's book placements were impeccably reputable, 25 sales over the nearly 15 years the agency has been in business is a pretty sad track record (this blog post from a publisher to whom Swetky offered a completely inappropriate book offers some possible insight as to why).

The agency's apparent lack of commercial success is certainly reason for caution. But it's not why I'm posting a warning.

I've heard from multiple writers to whom Faye Swetky offered representation or the possibility of representation, and then told them that their manuscripts needed editing. Fortunately, she knew a terrific editor who might be willing to work with them: David J. Herda, a much-published author of nonfiction.

It's no secret that Swetky is Herda's agent; that info is right there on the agency's website. What is a secret--at least from the writers who contacted me with their stories--is that Swetky and Herda are either married or romantic partners. Among other things, they share an address (the image below is public record; note that it matches the address on the Swetky Agency logo, above):


This connection was not acknowledged to any of the writers who contacted me. To make matters worse, Herda charges enormous fees (I've gotten reports of low five-figures) and some of the writers I've heard from have not been satisfied with his services.

This is a textbook editing referral scheme--common in the old days, but something you almost never see anymore.

WARNER LITERARY GROUP

Sarah Warner, principal of the Warner Literary Group, has an impressive background as an acquisitions editor. It would seem to be the perfect set of qualifications for a successful literary agent.

And yet, Warner's track record is tiny. Since the agency's founding in 2011, she appears to have made just 12 deals. Seven of these are with solid publishers--but the rest are books by agency clients that have been placed with the agency's own publishing division, Hedgehog & Fox. In fact, with the exception of one book authored by Ms. Warner herself, the whole of Hedgehog & Fox's miniscule list appears to be made up of agency clients.

Something else agency clients have in common: lawsuits. Warner Literary Group has been sued by three of its authors--a huge percentage for such a small agency.

In 2012, Derek B. Miller sued for, essentially, what he described as substandard representation (his very detailed complaint can be seen here); he later won a motion for declaratory judgment terminating Warner as his agent (she had refused to allow him to cancel the agreement). Firoozeh Dumas sued in 2016 for similar allegations (her complaint can be seen here); ultimately the arbitration clause in Warner's agency agreement prevailed, and the parties were directed to arbitration. A third lawsuit filed last October is from client Karla M. Jay, whose books Warner published with Hedgehog & Fox. Jay alleges that Warner withheld royalties "in order to pay other expenses of WLG", and, as with Miller, refused to allow her to terminate the agency agreement.

That agreement, by the way, has a problem. Here's the first sentence of the agency clause that's supposed to be inserted into any book contracts the agency negotiates (my bolding):
The Author irrevocably appoints Warner Literary Group, LLC, as the Author’s sole and exclusive agent (the “Agent”) with respect to the Work for the life of the copyright (and all renewals and extensions thereof)
This is known as an "interminable agency clause," and it entitles the agent to represent a book not just for as long as a contract is in force but for the whole duration of the book's copyright (in the USA and most of Europe, the author's lifetime plus 70 years). Major authors' groups warn about such clauses; I've written about that here. This is red-flag language; you do not want to find it in an author-agent agreement.

January 18, 2017

The Continuing Decline of "Assisted-Self-Publishing" Giant Author Solutions

Posted by Victoria Strauss for Writer Beware

A little less than two years ago, I wrote a blog post that focused, in part, on Author Solutions' declining share of the so-called assisted self-publishing market.

According to a report by Bowker on ISBN output in the self-publishing market between 2008 and 2013, the number of ISBNs issued by AS dropped 15% between 2011 and 2013, from an all-time high 52,648, to 44,574.

(ISBN output is not a meaningful method for assessing the self-publishing market as a whole, because so many self-publishers don't bother with ISBNs. But it is an effective way of tracking Author Solutions' activity, because all AS publishing packages, even the ebook-only ones, include ISBN assignment.)

At the time, I speculated:

We'll have to wait for 2014 stats to know whether this trend will continue, but my guess is that it will. In part, ASI is reaping the fruits of its poor reputation and the large amount of negative publicity and commentary it has received in the past few years (see, for instance, David Gaughran's The Case Against Author Solutions). Beyond that, though, I think that its business model--print-centric, high-priced, with outsourced operations (much of ASI is based in the Philippines) and an extreme emphasis on upselling--is simply becoming less and less relevant in this age of free-to-cheap digital self-publishing solutions.

Well, Bowker recently issued another report, Self-Publishing in the United States, 2010-2015*--and boy, was I right. Here's a screenshot of part of the special section devoted to Author Solutions (Archway Publishing, which AS runs for Simon & Schuster, is missing from the list, but is included in the bigger listing of self-pub platforms):


Total Author Solutions ISBN output for 2015, including 657 Archway ISBNs not shown in this section: 24,587.

2015 output did grow slightly at WestBow, by 275, and at Archway, by 37. And Wordclay, defunct for years, inexplicably popped up again in 2015 with 14. But for all other AS brands, including its very first "imprint," AuthorHouse, issued ISBNs fell by hundreds or thousands. Overall, AS's 2015 ISBN output was less than half its 2011 high point, and represents a 45% drop over 2013.

Even allowing for some inconsistencies in the data, that is a really precipitous decline. Pearson, which bought AS in 2012 for the surprisingly low price of  $116 million (surprising because then, as now, AS was the largest of the assisted self-pub providers, and by all appearances was still growing), unloaded it in December 2015 to a private equity firm. Looks like that was a good decision.

Meanwhile, DIY platform Createspace--where authors don't have to use ISBNs or can provide their own--continues to be king, with 423,728 ISBNs issued in 2015, an increase of 131,545 over the previous year.

-----------------------------

* Thanks to Jane Friedman for alerting me to this report, via her excellent article Looking Back at 2016: Important Publishing Developments Authors Should Know.
 
Design by The Blog Decorator