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Topic: Deadbeat publisher. What to do?
| Author | Message |
| Stanley_Milgram | Posted – 10/24/2007 2:54:23 PM | show profile Hello. My book has been published by a small indie imprint. It is selling quite nicely, if its Amazon rankings are any yardstick. I have no other yardstick because it's been very difficult getting anything out of them. It had been nearly impossible to get the last of my advance out of them and now they are three weeks late in rendering a royalty statement (plus, of course, any money due) according to our contract. Taking them to small claims is an option, although without having an accurate idea of what the sales have been doing, its hard to ask for a specific amount. I have actually got an attorney involved, and I am ready to slog it out in court, but before I go that route, I wonder what other options there might be. If there were some alternative way to compute actual sales, then small claims would be a better route (I wouldn't think that more than $5000 is due), but since they are not even rendering a statement, I'm kind of stuck. All suggestions would be appreciated. |
| ConfidentDesigner | Posted – 10/24/2007 3:20:49 PM | show profile I had a similar situation about 6 years ago. I took the deadbeat publisher to small claims ct. but he didn't show up so I was automatically rewarded with a "win". HOWEVER, and this is a BIG however: the deadbeat was served with a statement from the court as to how much he owed but there was nothing enforcing him to pay up!I never received a dime from him and there was nothing I could do about it excpet report him to the BBB in his area. Doubt that helped anything and it certainly didn't do anything for me financially. Sorry, but we as contractors are hamstrung. |
| Vox-o | Posted – 10/24/2007 4:13:56 PM | show profile Three weeks late this time of year isn't that bad. You did receive your advance, even though it was late, so you can't really call this a deadbeat company. Why are you being so quick to sue? Just keep after them, keep pestering them for the money and the statement. |
| Stanley_Milgram | Posted – 10/24/2007 5:14:58 PM | show profile Well, I'd rather not go into details in a public forum, but it's been proven to my satisfaction that they are deadbeats. Absent any legal threat, I wouldn't have seen a dime after the initial 50% advance. And now that royalties are due, they're AWOL again. |
| Vox-o | Posted – 10/24/2007 5:32:08 PM | show profile I am curious, why did you deliver the finished book without having secured the full advance? It is called an advance because you are paid it before you deliver the book. I assume there is more to the story which goes beyond what you have written here, since this situation (as posted) does not seem particularly dire. |
| Stanley_Milgram | Posted – 10/24/2007 5:55:02 PM | show profile well, you probably haven't been through the book whirl before, voxo, but it doesn't work like that. You get 50% up front, and, with major publishers, 50% upon delivery. With the indies, it's typically 25% upon delivery and 25% upon publication. |
| Stanley_Milgram | Posted – 10/24/2007 6:04:49 PM | show profile also, just to educate you a little more, book publishing doesn't work like magazine publishing. they're not constantly invoicing and paying writers. they pay royalties only once or twice a year (usually September for everything up to the previous June 30, and if they pay twice-yearly, then April for everything up to December 31). Thus, all the bookkeeping is geared toward sending out statements and payments at those times. And because of the three-month lag, THEY ALREADY HAVE RECEIVED THE MONEY THAT BELONGS TO YOU. Now, if there's someone who knows book publishing and has any experience with this sort of thing, please post. |
| analog | Posted – 10/24/2007 9:31:17 PM | show profile This is Voxo I don't know my password so I have a different name at home. I hold a Director level position in book publishing, have been in this business for almost 15 years, and if you search my posts you will see I *never* assert an opinion regarding the inner-workings of magazines nor newpapers & tv. Only book publishing. As I said, I would hope there is more to the story. But if he sues over a 3 week late royalty payment, he'll probably never be published again. Yes, the money is important to him. But three weeks late is nothing. You people on this board are always too quick to scream "lawsuit!" because you think the world is out to get you. There may be a hundred reasons why the payment and statement are late. There are several accountants here in NYC who specialize in royalty audits. He should hire one to request the statement, that way they know he is serious, but don't think he is an asshole for filing a lawsuit so quickly. |
| westsidestory | Posted – 10/24/2007 10:41:17 PM | show profile analog/vox-o: I don't know where you've been working, but I've been involved with several dozen freelance book projects and the final portion in advance is always paid AFTER the author hands in the final version of the manuscript. And, usually anywhere from 30-60 days later. Add another month if the project went through an agent, as the check is usually sent to the agent, who sits on it for another month or two before sending it on to the author (minus cut). I've been in book publishing since 1996. Stan, the one area wher I do agree with A/V is not to drag in lawyers but expect to wait three months, not three weeks, for that check. This is an unhappy situation but it's standard. I know of an author who went ballistic over royalties way too prematurely and wound up not only killing her relationship with the publisher, but wound up paying several grand to a lawyer who was absolutely no help. What I would suggest is getting the name of the A/P person at the publishing house, and becoming a "friendly" pest to him or her. Call weekly inquiring about statements for about a month. Then call twice weekly. Call from other people's phones so they can't see your name on the caller ID and not pick up the phone. Always - ALWAYS be nice on the phone. Send flowers to him/her. Eventually it will be easier for them to send you a check than to deal with you. You kill them with kindness. This takes a while, but it works. |
| Random Contents | Posted – 10/24/2007 10:54:20 PM | show profile Actually, Stanley, Voxo works in book publishing. He/she (not sure, sorry) has been posting on this board for years. Voxo probably doesn't even remember, but gave me wise advice on these very boards about the book publishing world when I was first getting into it, and that was 5+ years ago. So I'd be a little slower to be a condescending jerk to one of the few people on these boards who DOES know book publishing, instead of magazines or newspapers, and was trying to help you! |
| ConfidentDesigner | Posted – 10/24/2007 11:04:51 PM | show profile What's up with the right to slow pay??? I don't get three months to pay my VISA bill without paying dearly in late fees and interest. I think after 30 days, it should be perfectly acceptable to start charging a late fee of at least 2%. Nothing wrong with that! |
| Stanley_Milgram | Posted – 10/25/2007 4:31:04 AM | show profile sigh, here we go. First of all, I've been through three publishing deals. Two indies, one major. This one was my first and its the only one that's unagented. After the initial 50%, which, had the publisher not paid me, there would have been no book, I couldn't get a cent without threatening legal action (having first exhausted all the "nice" options) and the money arrived MONTHS (as in, more than six) late. In the case of the royalties, the date the statement is due is spelled out in the contract (as opposed to the other cases, where they just had pay "upon" delivery of manuscript or publication). The other companies have all paid their bills when due. When royalty statement time came around, the statement was in the mail on the day it was supposed to be. This one offers you a series of blatant lies and excuses when they diegn (sp?) to respond at all, which are obvious to anyone who doesn't delete previous emails, as reason #2 will invariably contradict reason #1 and so forth. Furthermore, in companies of this size, there is no "find the person who..." because there are only 3 people who actually work there, all of whom know you and you them. As far as being a jerk, well, for one thing, yes, I'm pissed off. Number 2, I don't understand how anyone in publishing would ask a question like "why did you turn in the manuscript if you didn't get all the money?" My apologies, but that doesn't sound like a question someone who's had experience with book deals would ask. And thus, it's a little irritating, considering the tenuous economic model upon which many authors must live, to answer elementary questions when I'm (once again) staving off bills waiting for a check and a statement that should have been in the mail weeks ago. The money is mine and I want it. Now. I'm not quick to sue. I've been freelancing for 15 years. Prior to this, I've threatened a lawsuit (in that case, to a magazine publisher, the notorious Jungle Media) a total of ONE time. I followed through on my threat and upon delivery of the summons -- what do you know? -- got my money (go search the old threads if you want to get an idea of how many people haven't). Yes, most people deal honestly with you and pay their bills. A few (usually rinky-dink outfits), unfortunately take the "what's he gonna do about it?" attitude. Once you realize that's where they're coming from, you have to show them you're not f---ing around. I'm ready to sue -- in real court this time, not small claims. The only reason I would like to avoid it, is that it's going to take a long time, although other writers on that imprint have actually emailed me encouraging me to do so. That should also give you an idea of the character of the outfit I'm dealing with. |
| westsidestory | Posted – 10/25/2007 11:24:20 AM | show profile Stan, I can understand that for you the pressure is on - bills etc. - and you're also working under the firm conviction that unless you are a more of a threat than a squeaky wheel, you'll never see the money that is due you. As you have the statement, don't just call but also fax - a copy of the statement with "payment due now as per contract" on it. Do one thing a day to collect the money. Then try to focus on something else - promoting your book, the next one, whatever. It is still way to early (from even a small claims court judge standpoint) to start getting ugly, even though you know they will hold off the check as long as they can. I've never been stiffed - and I advocate the soft strongarm. After 30 days, bills with "30 DAYS DUE - PLEASE REMIT" . After 60 days, you write them saying they are in breach of contract. After 90 daysyou can send them a notice that you're turning the bill over to A COLLECTION AGENCY. (still cheaper than a lawyer). Are you in the same city or state? If so, call/email to ask when can I come in and pick up my check? Or, "I'm coming in Tuesday, I'll stop by and get my check." Or (if another state) "My cousin will be in town on Thursday, I'll have him stop by and pick up the check." I've heard every excuse - including "we ran out of printed checks." Answer: I'll take a personal check, Mr. Publisher. You just have to be professional - taking out your fear and rage just weakens you personally. You have to get outside the need. Lots of us have been there and appreciate your frustrations. Memo to ConfidentDesigner: as I recall you are embarking on a freelance career right now. Look up the other threads here and have a strategy to deal with the inevitable 30,60,90 day turnarounds for payments you can expect from clients who will take advantage. In your case, CD, two things: 1. get a third up front for each project (even if it's your old employer - no make that especially if it's your old employer) and 2. Build into any freelance contract a "late fee charge" for any invoice unpaid after 30 days. Hang in there Stanley |
| Stanley_Milgram | Posted – 11/2/2007 7:58:15 AM | show profile Thanks westside, but one correction. I DON'T have the statement. Therein lies the rub. Without the statement, I can only make the wildest estimate of what I'm owed. These A-holes have ignored numerous requests to issue the statement, even though they are contractually obligated to do so as of over a month ago. The fact that there's no clause about recovering attorney fees makes real court an expensive option, I've just learned. So, absent a better suggestion, I am going to small claims and asking for the maximum and let them try and prove they owe me less. It really sickens me that people could behave this flagrantly and leave you with no real recourse. |
| ConfidentDesigner | Posted – 11/3/2007 11:19:46 AM | show profile westsidestory: I do state, and have always stated at the bottom of the invoice that the client will expect to pay a 2% late fee on all balances owed after 30 days. That makes no difference to deadbeat clients who never have any intention of paying anyway. Also, with that scumbag deadbeat I had a few years ago, I did make them pay about 1/3 upfront and the balked but later never paid the rest. At least I got something. I would say that by now, with the 2% late fee per every 30 days, owe me close to $10K. I guess this is the risk you take of doing business with deadbeats. I learned my lesson though and now only do business with those that will pay the upfront fee without balking. Otherwise I will not do business with them. |
| Letterbox | Posted – 11/3/2007 2:30:06 PM | show profile I think anybody that gets net 30 is pretty lucky. Big companies have really slow payment processes and no amount of badgering will speed it up. Magazines can be the worst since they might not pay until publication. Utne Reader, for example, is bimonthly. So if they decide to push your story a month, you might not see a check for three months. They are otherwise great to work with, though. With a small publisher, I'd think you'd be able to get ahold of the head of the company fairly easily. Confident Designer, I was curious why you never put a lien on the client you sued? That's supposed to be the next step. |
| Vox-o | Posted – 11/5/2007 12:29:33 AM | show profile Random Contents - glad to hear I was of help to you long ago (sorry, I don't remember what we discussed). Stanley, I can't help the fact that you have a shitty agent. Or no agent. I have not read the lenghty responses on this thread from Stanley, westside et al, but I hope to do so at some point if someone bumps this on a day in which I have free time. But I am too busy. I mean really fucking busy, "no life busy." Which is why I have not been around. |
| Stanley_Milgram | Posted – 11/5/2007 3:59:37 AM | show profile oh, too bad. I for one, miss your informed advice. maybe before you go you can drop the name of the publisher you work for. many of us would love to write for a company that pays 100% advance up front. even if they're late, I promise not to sue. |
| LunExpress | Posted – 11/5/2007 8:02:14 PM | show profile Statements My first book was published by Ballantine, hardly a small publisher, and my statements routinely arrive months late. Dunno why, but it's a fact that I've learned to live with. As for the 30-day thing... Ha! Conde Nast pays expenses 45 days after invoice; it's company policy. AmEx doesn't seem to care ... |
| Mr Media | Posted – 11/5/2007 11:21:12 PM | show profile I do agree that if the payment is late that's not right. However, as other posters have pointed out you must think "rationally" and try NOT TO BURN BRIDGES. You are not Margaret Atwood or Toni Morrison. Yes a payment that is three weeks late is not good. However, from what I have read things like that do happen in the book industry. I say calm down, try to devise a new plan, and wait before suing or get lawyers involved. Try to get advise from people that know the book industry that understand how to "deal" with publishers. Remember you don't want to BURN BRIDGES or get a bad reputation in the industry. I do hope that you do get paid. If you said the publisher was "three months" late with payment well that's something else but three weeks. There are a ton of reasons why the payment could be three weeks late things happen. I say devise a new plan and try to be professional. |
| Vox-o | Posted – 11/6/2007 10:45:47 PM | show profile Stanley... No, I will not post who I am nor where I work on this board. A handful of people know my deal, and that is enough. However I will enable the email, and if you choose to write to me with a degree of humility I would be happy to answer. If you wish to peg me as a loser, that's ok too. I don't care what you think, and I now where I stand in terms of my career. Sadly I have nothing to prove to you or anyone else on this board, and as such I feel no need to do the standard thing of puffing out my chest, blah blah blah. You have a question? Ask. If you have it all figured out... don't bother. You genius you. |
| Vox-o | Posted – 11/6/2007 10:46:43 PM | show profile | email poster Enabled email But fuck it, don't bother. |
