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Old 07-21-2012, 04:53 PM   #31
Barcey
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This is why everyone needs to contact the American DOJ and complain about their actions against the publishers. If they aren't allowed to conspire to implement agency pricing then Amazon will gain a monopoly and force the authors to sign contracts just like this one. You have to understand that this is all part of the legacy publishing author development program. It's important that author's experience bad contracts like this so they know what to look out for in the future. Even if it costs more then the value of the contract it's important that you engage a lawyer and and an accountant to review the contract before you sign.
Oh sure you might think that the 70% that Amazon is offering looks pretty good but remember that's just the lobster and champaign dinner they're giving you before they take you back to their apartment and sign you up for a 3% contract. Amazon will do it out of pure corporate greed too, they won't have you best interest at heart.

I'm hoping to get a job working for the BPH perception management firms. I think with a little polishing around the rough edges I'll be in like Justin Bieber into a pack of 12 year old girls.
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Old 07-21-2012, 07:53 PM   #32
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If H have broken their contract then yes, absolutely. And that's for the court to decide.
I meant: protect them from these types of contracts.
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Old 07-21-2012, 08:29 PM   #33
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I meant: protect them from these types of contracts.
The issue isn't the contract; the issue headed to court is the dodge Harlequin used to avoid living up to the contract terms.
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Old 07-21-2012, 10:17 PM   #34
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The problem with disgruntled employees, is that sometimes they have a legitimate reason to be disgruntled.
I believe that that is almost always the case. I've often wondered why the dismissal of someone as a disgruntled employee is accepted. Of course he's disgruntled! If he weren't, he wouldn't have said anything. Now answer the charge!
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Old 07-21-2012, 10:18 PM   #35
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Originally Posted by Barcey View Post
This is why everyone needs to contact the American DOJ and complain about their actions against the publishers. If they aren't allowed to conspire to implement agency pricing then Amazon will gain a monopoly and force the authors to sign contracts just like this one.
Amazon isn't going to get a monopoly. Authors are free to sell at BN, at ARE (if they're in that genre), at Smashwords and its affiliates. Amazon can't force authors to take a 3% royalty; Smashwords offers 85%.

Amazon gets more sales... but authors who will take 70% exclusive with Amazon over any sales at SW, aren't going to agree to 3% at Amazon instead of 85% at SW. They know they'd sell more units at Amazon, but won't expect to sell 28x more--and be willing to allow Amazon to take 97% in exchange for SEO and file-hosting software.

(It occurs to me that I can't tell how sarcastic you're being. Doesn't matter; there are some people who really do think Amazon is going to pull some kind of bait-and-switch. And they might try it--but, even as much as they dominate the market, they don't own it.)
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Old 07-21-2012, 10:43 PM   #36
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Originally Posted by Barcey View Post
This is why everyone needs to contact the American DOJ and complain about their actions against the publishers. If they aren't allowed to conspire to implement agency pricing then Amazon will gain a monopoly and force the authors to sign contracts just like this one. You have to understand that this is all part of the legacy publishing author development program. It's important that author's experience bad contracts like this so they know what to look out for in the future. Even if it costs more then the value of the contract it's important that you engage a lawyer and and an accountant to review the contract before you sign.
Oh sure you might think that the 70% that Amazon is offering looks pretty good but remember that's just the lobster and champaign dinner they're giving you before they take you back to their apartment and sign you up for a 3% contract. Amazon will do it out of pure corporate greed too, they won't have you best interest at heart.

I'm hoping to get a job working for the BPH perception management firms. I think with a little polishing around the rough edges I'll be in like Justin Bieber into a pack of 12 year old girls.
Isn't Stonetools the one in charge of anti-Amazon rants on behalf of the publishers?
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Old 07-21-2012, 11:21 PM   #37
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How funny you did not seem to understand or agree with that concept when it was being applied to alleged file sharers.
How funny that you now think that authors should be paid for their work.
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Old 07-22-2012, 05:42 AM   #38
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How funny that you now think that authors should be paid for their work.
How dare you. Show me one post where I have ever said they shouldn't or where I have supported piracy.
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Old 07-22-2012, 10:15 AM   #39
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I meant: protect them from these types of contracts.
That's the job of the author's lawyer. Any author who signs a contract without having it looked over by a lawyer is acting very unwisely.
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Old 07-22-2012, 11:27 AM   #40
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That's the job of the author's lawyer. Any author who signs a contract without having it looked over by a lawyer is acting very unwisely.
Well, yes. But that doesn't mean they "deserve" whatever the terms of the contract are, or that it's reasonable for companies to write contracts to take advantage of their ignorance.

The idea that aspiring authors should defer a chance to work professionally at their craft until they can afford a lawyer to check the terms of their employment is ridiculous. Would you prefer that we had no books written by authors who can't yet afford a lawyer?

I'm not sure I know any other jobs where the general public often thinks "they should've talked to a lawyer before they agreed to work for that company."
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Old 07-22-2012, 11:57 AM   #41
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The idea that aspiring authors should defer a chance to work professionally at their craft until they can afford a lawyer to check the terms of their employment is ridiculous. Would you prefer that we had no books written by authors who can't yet afford a lawyer?
Having a lawyer run his eye over your contract is not something which need cost a great deal of money. When I did it for my textbook-writing contract, it cost me about £30 ($50), if memory serves me correctly (and he did suggest a couple of changes to the contact as a result). Putting to one side the image of authors starving in the proverbial garret, don't you think that spending a relatively small amount of money such as that is a sensible precaution, and one which it's worth investing?
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Old 07-22-2012, 01:15 PM   #42
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That's the job of the author's lawyer. Any author who signs a contract without having it looked over by a lawyer is acting very unwisely.
Authors were supposed to by protected from publishers by copyright law. A contract that gives the author only 3% shouldn't be legal.
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Old 07-22-2012, 01:31 PM   #43
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I totally agree with you - it shouldn't be. But if it is legal (and I have no idea whether it is or not), it only serves to reinforce the advice to never sign a contract without having it looked at by a lawyer before you do.
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Old 07-22-2012, 06:24 PM   #44
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but there's a concept called "innocent until proven guilty" that may be applicable.
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How funny you did not seem to understand or agree with that concept when it was being applied to alleged file sharers.
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Old 07-22-2012, 07:03 PM   #45
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As this lawsuit drags out there will less and less.


Again, the contracts in question apply to a very small slice of Harlequin's business. I don't even know how you would buy an ebook from 2002 -- I certainly didn't see any on their site.

Harlequin is a very powerful brand, and it's going to take a little more than an obscure lawsuit to make a dent in their reputation.
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