I am always a work in progress... We never stop learning to master our craft.

Some of my favorite personal quotes..

"Everything I do, everything I am, all that I breathe is 18+ and will contain sexually suggestive material. ~ Gina Kincade 2011

"If you never have any expectations of other people then you will never be disappointed. When a positive experience occurs it is always a reason to rejoice." ~Gina Kincade, 2009

"It's all about advertising yourself...If you don't make yourself known, no one will be interested in who you are..." ~ Gina Kincade 2006

"I have learned, as a rule of thumb, never to ask whether you can do something. Say, instead, that you are doing it. Then fasten your seat belt. The most remarkable things follow." ~Julia Cameron

Friday, March 9, 2012

I Am The Publisher. I Pay You. I Am Therefore, Your Boss.  You Don't Get To Call The Shots.

There is something some people clearly just do not seem to understand so please, allow me to be very blunt and we shall see if perhaps they can see through the amount of arrogance and stupidity they currently suffer from for just a moment. I'm not holding my breath though.

I am the Publisher.  You are a writer.  You submitted your work to MY company to edit & make all nice and apply a pretty cover to for which, in exchange, you are credited as the author of the work and shall be paid.

However, I am still the Publisher,  which means I have invested time & money into your work so, in exchange, I have a right to sell your work.

I am the Publisher, I give your work to distributors to sell, they make copies & versions of that work, which they advertise for you in their applicable formats to provide to readers who wish to buy your work.

Readers pay for your work, they want to choose the version or format of the work that suits their ereading device so they can actually READ what they paid for.  These formats & versions are provided to the readers by the distributor through their conversion methods, via the Publisher.  

Readers have the right to get what they pay for.  

Distributors have the right to get paid for distributing, converting & advertising your work.

Publishers have the right to get paid for investing in your work and making your work acceptable & attractive to the readers.

I am the Publisher. I pay you. You work for ME & MY company.
Therefore, in effect, I am your boss when it comes to the work (s) you have submitted to me and I have accepted and made all glittery.

Don't for one damn minute believe that YOU can tell ME how to run MY business.  

Don't think that you can threaten, manipulate, coerce, slander, or attempt in any other way to force me and MY company to allow you to try to change the way things work in MY business to suit your deranged sense of entitlement.

Don't think for even a second that you can manipulate the contract to suit your desires and illogical, invalid claims AFTER the work has been published. 

Don't assume that you can only now, 8 months or so after signing said contract, THINK you may see a problem with that contract and decide that you have found a way to force my hand and provide you with free editing services by claiming non-compliance for a logical manner of production.  Don't think that you can claim you were unaware of how ePublishing works. 

Don't think that by sending me over 15 harassing emails and multiple inbox messages on Facebook, containing termination notices, new contracts, rights reversions or any other crap claiming that MY company committed fraud, copyright infringement, intent to deceive or duplicity in any other form when YOU didn't read the contract or didn't care to be concerned for its contents when you signed it let's you off the hook & I will simply hand you back your work. 
You didn't inquire, ask questions or bring any concerns to the table prior to signing it and being advised by us to read it throughly, have it reviewed by competent legal council and let us know if you had any questions or concerns. This is NOT a factor at this point and your right to complain ended to moment you signed it.

Don't think you can threaten to contact MY company distributors, social media sites and online piracy to claim MY company illegally infringed upon your intellectual property & copyright in a blatant attempt to smear MY business name. You signed an agreement.

Don't think that threats to me, every member of my staff, complaints or arguments & insults to my cover designers or claims that my editor is incompetent or modified your work AFTER you worked one on one with her & approved the edits (which by the way are the intellectual property of MY company) will give you the means to take back that work and send it off to another publisher.

Don't even believe that you can simply begin to DICTATE to me what I, the Publisher, your boss, the current legal owner to the exclusive publication rights and commercial exploitation of the work for the length stated in the contract must do or not do, say or not say, disclose or not disclose to whomever I choose in the medium of business dealings about you, your insufferable holier than thou and immoral methods.

You're a fool if you think you can demand I allow you to enter MY private groups on any social media site after you've been removed from them for not following the rules of the groups & treating other members with respect or following the simple request to actually participate in a positive, supportive manner and for your rude and nasty attitude.

You're a fool if you think you can beat me into submission with your high & mighty bullshit and demand I post or do not post ANYTHING I choose to MY blog(s) so long as your right to privacy is protected in the WRiTTEN content of said blog posts.

I am the Publisher, you are the writer, I pay you according to the agreement you signed for the work or choose to remove it from circulation for violating the rules of my distributors or IF I feel the work will not bring in the desired proceeds. 

Do NOT attempt to tell me where & why I am wrong. If I've made a mistake, a reasonable mistake, a logical mistake that has no bearing on any of the above sales & payments, expectations of production & commercial exploitation and would not affect you in any negative capacity then please, save your overbearing, nasty attitude for the next pub you try to rip off.

If I turned down your application for a position within MY business because you could not fulfill the required criteria, and your references came back less then savory, this does NOT give you the right to decide to then become angry, belligerent and argumentative about every aspect of the production & publication of a work contracted prior to the decline of your services simply as a "pay back" because you didn't get what you want.  This does not entitle you to get your work edited for free.  This does not entitle you to a damned thing. Temper tantrums are quite childish.

And finally, do not attempt to tell me that I must behave, speak & converse with you outside of said signed author agreement in any way deemed by  YOU as unprofessional or expect to to bow to you & respond to your games on YOUR decided timelines. 

Simply put, I don't bloody well have to! I will run MY business MY way and YOU will not be the one who tells me I can't. Of course, you don't have to like it, but you do have to deal with it.

MY publishing company did not seek you out, you submitted your work(s) to MY publishing company remember.  The big mistake I made (which of course I didn't realize at the time due to a lack of a background check) was to accept your work(s)  

Now, I shall simply have to follow the reasonable course of professional action and sell it.  OR you can choose to pay the "buy out" fee for the work(s) if you want the work(s) back earlier then the contract conclusion date.  

The "buy out" fee is a representation of the costs associated with the work done on your book & the investment into it.  

People deserve to be paid for the job they've done. It is a reasonable and legal acceptable requirement.

We did not dictate to you how to write your book (your job), do not dictate to us how to do our job.

3 comments:

  1. Well said my darling one, bloody well said in fact.
    This behavior of said unnamed person is like going to a restaurant and purchasing fish and chips, eating part of it then complaining to the chef that you thought it would be Lobster.
    If you can't read all of the contract at the start when it is emphatically outlined to you to do so then friggen well wear it.
    The said person not only made a fool of themselves in their behavior towards you and the others in the management team but also made it so as not one of us would every read any of their books.
    To use an old expression, "I certainly wouldn't piss on it, if it was on fire and screaming for help"
    People like the unnamed person have definitely shown me that when my four year old grandson throws a tantrum it is nothing like that of a so called adult who should know better.
    As you know I back you 1000% and if there was any merit in what was being said would have quietly pointed it out to you but there was not one thing that the unnamed person said that warranted standing up for them. In fact it had the reverse effect and those that know you Gina, would agree with me that you have done everything above board and legally...



    PS Sorry for rambling, just seeing red that it had to get to this point.
    xxx

    ReplyDelete
  2. I have no complaints but one. Although none of my submissions have been accepted. I wished for a better, more personal rejection e-mails instead of a form letter on the stories I submitted and were rejected. Maybe I'm too sensitive but I don't know where I went wrong on the stories without detail. In the 1980's when I submitted to many big publishers, I received a rejection form letter and just assumed my writing was shit. Sorry to strike a sour note on your explanation.

    ReplyDelete

About Me

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USA Today Bestselling Author Gina Kincade has been penning romance since she was seventeen years old. She writes everything from contemporary mainstream romance, to high heat M/F, M/M, Ménage, BDSM, and fetish. Her evil little vampires and were-creatures will rip out your heart without thinking twice, and then engage in steamy, explicit sex scenes. Gina writes under a total of three pseudonyms to-date in other genres, including YA and children's. A busy mom to three children, she lives in her wild household of two rambunctious dogs, a devoted, loving cat who believes herself to be royalty, and twelve crazy little chickens. She loves healthy home cooking, gardening, warm beaches, fast cars, and horseback riding. Gina is also the C.E.O of Naughty Nights Press LLC, a quality publisher of contemporary romance, paranormal fiction, and sensual erotica. Ms. Kincade's life is full, time is never on her side, and she wouldn't change a moment of it!

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