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Queries and Agents => Success Stories => Topic started by: audal on November 06, 2007, 05:31:48 PM

Title: Puzzled
Post by: audal on November 06, 2007, 05:31:48 PM
Hey y'all.  I suppose in some circles this is a success story, but right now it's more of a mystery than anything else.  Get comfy - this may take a while to explain.

Several years ago, I wrote what was basically a three page play as a favor for a friend. To my surprise, her theater company selected my scene for inclusion in a larger work, and now suddenly, the producer of this compilation has found a publisher: JAC Publishing & Promotions.

To be honest, this isn't that big of a deal to me. Yet it is certainly & rightfully a big deal to the producer of the piece, a man I don't know at all, but who cares greatly about his project. Therefore, I don't want to stand in the way at all... However, the disclaimer/agreement/release I've been asked to sign puzzles me, as does the Publisher's Agreement with the author.  I'm gonna try to attach both the disclaimer I was first approached with - which I thought was a simple release form.  And then another agreement, which the producer of the project is supposed to sign.

Basically, the legalese of it all completely lost me & I have no one I can approach who might be able to translate.

Mostly I want to know what the worst thing that can happen is... Like, say, will I ever be financially obligated for any of this? Will the devil own rights to my soul? Things like that.  Kaedin actually saw something ambiguous in Paragraph 10.a.3 of the agreement that sorta scares me -- might I be on the hook for owing money?

Dave K - are you out there?  Can I bribe you with numerous karma points to help me?  I looked on your site but didn't find the outfit in question.  Truth is, I can't find much about them anywhere along the lines of their merits.  I'm mostly sure this is all on the up-and-up, but if I'm not 100% sure, well... that 1% is magnified.

Many thanks in advance.
Title: Re: Puzzled
Post by: joanjunkmail on November 06, 2007, 06:28:30 PM
aud - are you still a member of SGA?  are you currently a member of WGA?  these unions are supposed to have lawyers on staff to review things - if it's boilerplate, they'll know.

Title: Re: Puzzled
Post by: audal on November 06, 2007, 06:55:16 PM
Nah, I'm wholly unaffiliated.  Good suggestion, though... only wish I could call upon it.
Title: Re: Puzzled
Post by: joanjunkmail on November 06, 2007, 06:59:00 PM
i'm a middleaged, middle class person - i don't sign a damn thing without a lawyer.  i wouldn't ask around a forum, i'd ask around a law office.
Title: Re: Puzzled
Post by: audal on November 06, 2007, 07:11:14 PM
The problem with taking it to a lawyer is actually more of a stubbornness.  I could care less about this project.  I didn't care about it back when I wrote it... it was just a favor I did for a friend that's been rearing its head every so often for years.  It won't go away.  I don't even want to give this project enough weight to require a lawyer.  I shouldn't have to pay jack for this, y'know?

All in all, it's just frustrating.  I can't seem to get any answers.  This'll pass & it'll all work out, but 'til it does... growl.
Title: Re: Puzzled
Post by: Abigail on November 07, 2007, 12:38:52 AM
Maybe try a law student? Or a forum for law students?

I read through it, but didn't have the time to gnaw at it.  But still, like JJM said..we aren't lawyers around here.
Title: Re: Puzzled
Post by: elknutswife on November 07, 2007, 01:48:36 PM
Hey there.  Well as the others said, I'm no lawyer, but from what I can tell, these are the sections that may cost you money:

1b, 4e, 7b, 10(2), 10(3), 10 (4), 11 (for sure, sounds like you have to pay $55 for the copyrighting), and 12e.

Most of these, with the exception of 10(3) seem minimal, dealing with whatever helping to promote the thing may cost you - and it sounds like as long as you don't want to change anything after it's gone to print, or as long as you don't want to terminate the project past a certain point you should be fine.  That huge $10,000 fee seems like it is only if you pull the plug.  I think you are safe although it does sound like you are responsible for helping promotion and that could cost you something, plus the copyright fee.  Again, I'm not a lawyer, but those are the sections that stood out to me as possible money drains.
Title: Re: Puzzled
Post by: elknutswife on November 07, 2007, 01:51:51 PM
p.s.  it also sounds like you will make some money, so that, even if it isn't much, could cover the copyrighting and promotion costs, so as long as you don't yank the project after signing the agreement I don't think you'd get into trouble  ;D
Title: Re: Puzzled
Post by: audal on November 07, 2007, 02:03:02 PM
Elky, you rock and will be getting lotsa karma.

Here's the thing, thoug - and I'm sure it's because I wasn't clear.

The longer agreement is the agreement the organizer/producer of the project must sign.  Which troubles me because the word "AUTHOR" is used regarding liabilties.  Ultimately, I think HE should be responsible for all payments and such... but the ambiguous language is what puzzles me.  He is not the AUTHOR - merely the one who's put it all together.  I don't think ANY of the other writers care AT ALL about this.  No one knew (from what I'd heard) that he'd try to publish this. 

Also, only at the request of one of the contributors did we get to look at the 4 page agreement.  We writers were simply sent the 1 page disclaimer & asked to sign it.

Basically, I just don't even know how to express my concerns/questions.  I shouldn't have to be responsible for ANYTHING... and I'm willing to sign as long as I'm aware of that. 

I'll return to this thread later, I'm sure.  Right now I have to drench you in karma.  Thank you SO much!
Title: Re: Puzzled
Post by: elknutswife on November 07, 2007, 02:30:58 PM
Ooo, yeah that would make me nervous, unless he would be willing to sign an agreement releasing you and the other authors of all financial responsibility, or rewording one or both of those agreements to make it clear who is who.  Otherwise what's from stopping him from doing something stupid and sticking you with the bill.  Although if it is his name on the agreement, I would think that would make him liable.
Title: Re: Puzzled
Post by: elknutswife on November 07, 2007, 02:31:34 PM
(thanks for the karma shower...I like karma)   :wink:
Title: Re: Puzzled
Post by: audal on November 07, 2007, 03:19:36 PM
You like karma?  OK, then... here's a couple more.

Keep up the wisdom and I may yet get you to a magic number in just 24 hours!

Right now, I'm just holding onto the paperwork & seeing it I can learn more about what's going on.  I may request in an email to both the publisher and the project organizer that they provide email addresses of the other contributers so that we might discuss it amongst ourselves.  Thus far, all communications have been sent to us in the BCC field - which also worries me.  Though do I run the risk of making people nervous that I'm nervous?

Yeah, I guess I do.  Now I just need to realize that it's fine to make 'em worried.  It's also fine to fully back out, isn't it?  Of course that'll probably lead to more unwanted BS... Argh.

I fully plan on holding onto your idea of getting a separate agreement from him releasing us of all financial obligation.  I don't believe that first "disclaimer" agreement does that.

Hell, I don't really know what any of 'em do.

I haven't given you karma in a couple minutes.  I'll go do that right now.

Oh, and I'll also drop some on Abi for the law school forum idea.  I may.  It's just that I'm mighty irate that I find myself so focused on jumping through silly hoops instead of my actual novel. 

Funny how sometimes what should be hiding at the back of one's mind ends up shoving its way to the front.

And by "funny," I mean "Argh."
Title: Re: Puzzled
Post by: elknutswife on November 07, 2007, 07:07:09 PM
Ahhhh, karma for the headache and here :hug:  (no lawsuits now, just a virtual pick-me-up for a pain in the butt that won't go away)   ;D   The law forum was a good idea.  I was going through my mental list of friends, and go figure, they are all writers, artists or teachers...hmmmm - oh, one doctor, but that won't help you, well maybe with the headache although I don't think he can get rid of this particular pain  ;D  I think getting a hold of the other contributors is a good idea, I'm sure at least some of them are having the same concerns, and if not, maybe they should be.  Let us know how it goes.....and look at that!  You almost got me to 100!  Kool  ;D   :koolaid:
Title: Re: Puzzled
Post by: audal on November 07, 2007, 09:04:48 PM
So you'll know, Elky, I pushed you up the Century Club Hill.  Congratulations on 100, you've earned it!

I'm feeling a lot more settled about it, even though I don't fully understand what the agreements might mean.  I think I just feel more equipped to ask the right questions when the need arises.  Silly.  I could be a published playright, and I'm all like PFFFT!  Don't think so!
Title: Re: Puzzled
Post by: elknutswife on November 07, 2007, 10:08:39 PM
yes, very silly   ;D  get the details worked out, but it is really fun to see your name in print - we went to walmart the other day and my husband picked up one of the chicken soup for the soul books I'm in and found my story - it was so fun to see my name in a book that is on the shelf in an actual store....awesome feeling....and thanks for the 100  :clap: :clap: :clap: :clap:  that too is an awesome feeling!! ;D
Title: Re: Puzzled
Post by: justwrite on November 07, 2007, 10:25:20 PM
Well, Aud..I'm no legal pro and given my track record in the past few weeks, I don't know if you should trust my instincts, but this sounds okay to me. You may get some money and you may also get a little bit of recognition! (Hey with the writer's strike you may get called to be a scabber for the striking writers). You'll be able to say you're published in your query letters!
Title: Re: Puzzled
Post by: audal on November 08, 2007, 03:36:41 PM
Hey JW, my lost QT-er pal!  Thanks for passing through my thread.

You might be missin' something here... I'm not gonna get any money, but the organizer of the collaboration will get any profits.  However, I don't know if I'm not absolved of being charged for whatever reason because of several of the comments Elky made. (and I think she deserves karma #101 for that).

Slowly but surely I'm arming myself for the day when this guy emails and wonders why I haven't signed.  A friend of mine is trying to track down one of the other writers for me & hopefully I'll find more writers through her.

It's absurdly complicated and doesn't deserve this much concern.  It was a tiny scene of a play.  Argh.
Title: Re: Puzzled
Post by: DaveKuzminski on November 09, 2007, 05:57:40 PM
Okay, I haven't seen any listings yet on QT for lawyers. I do know that P&E does have listings for lawyers within its Agent section (because some attorneys are also agents, so it was natural to group them together). What you need specifically is an attorney with expertise in intellectual property. There are a number of such attorneys listed in P&E who do pro bono work for writers. Look in the V page in particular under Volunteer where there should be some links to such lawyers. At least one such link goes to a page listing many such by state.

At this point, I haven't seen the contract or the short agreement that were mentioned. Even if I had, I'd still recommend asking an attorney first. Odds are that the agreements are standard, but it won't hurt to find out if you should demand any changes.
Title: Re: Puzzled
Post by: audal on November 09, 2007, 06:23:31 PM
Dave - thank you so much for your feedback.  Unfortunately, it looks like for me here in California, there's still a consultation fee.  I can't emphasize enough how little this all meant to me when I first penned this 3 page play.  It was a goof for a friend and it should've ended there.  I do not want to pay any fees for just a non-issue some 7 years later - either to consult an attorney or because a contract tricked me.  I don't even want that to be a possibility.

I wonder... is there something I could just draw up as a personal letter & send to the producer of the play that turns over authorship of my contribution to him and absolves me of absolutely everything that may come about because of publication?

Or do I need a lawyer for that, too?

Ugh.

Anyway, many thanks agin - to Dave as well as everyone else who weighed in.
Title: Re: Puzzled
Post by: DaveKuzminski on November 09, 2007, 08:09:45 PM
While I can understand you not wanting to become involved in anything that might result in excessive legalities, it's a fact of life that such matters are largely unavoidable for anyone who wants to write and be published. Even expressing your opinion in a forum such as this can get you sued. Right now, I'm being sued by an "agent" for exactly that. I think she wants one billion based on her demands from others before me. Does she have a case? Not really, but there's no way anyone can predict what a judge will decide. Of course, I'm in good company as she's named me along with Wikipedia, Writer Beware, and about ten other notables in the same suit.

So, I suggest that you consider asking an IP (intellectual property) attorney even if the attorney is in a different state. Remember, the state you're in might not be the state under which the contract is formed. Besides which, an IP attorney is sure to know more about what the contract means regardless of state and certainly more than an attorney whose specialty was in real estate (hi, Vic).   ;)
Title: Re: Puzzled
Post by: audal on November 09, 2007, 08:36:27 PM
Whoa. (breathes).

So I suddenly have the feeling I should delete this entire thread.

I have looked into the Boston Bar website (the publisher is based outside of Boston), but there's still that nagging fee thing.  I could possibly try to call a favor from a friend in Family Law and see if she can steer me somewhere.  I have also initiated a correspondence that I hope will lead me into being in touch with another of the contribuing writers, but thus far, that isn't panning out.

Basically I just feel like I'm on an island here.

You're completely right - this is just a part of the whole road to publication.  What upsets me is that I didn't choose this road.  Certainly if my own novel comes into a contract situation, I'll toss around credit cards to law firms trying to make it happen.  But I'm so bothered that no one seems to have heard of this publishing outfit.  I'm also bothered that hourly editing fees are brought up in the contract - I always thought that was a red flag, yes?

I also can't discern from the 2 agreements I put up that I am absolved of any obligations beyond signing.

And here I am whining when you (Dave), are facing an actual LAW SUIT for doing writers an actual service.  I can't even tell you how much that just troubles me from an outsiders opinion.  I spent many months taking in every detail I could from sites like yours, AQ, AAR, WB, AW, ad infinitum.  All I knew before setting off on my first queries was that I knew nothing.  Truly, it's not too hard to find those agents whose reputation glows - I feel bad that so many still get suckered in by... (whispers names so as to not be included in suit).

The very fact that I can't get a read on this publishing outfit toroubles me.  So too does the fact that there's scant mention of them on AW - the largest commnuity of helpful & watchful writers out there, no?  Granted, no one has said don't sign.  But the way I think, it seems to me that silence itself says "don't sign."

And now I'm just babbling.

Thanks again... and what, is it proper form to say Good Luck with the law suit?
Title: Re: Puzzled
Post by: audal on November 09, 2007, 09:01:38 PM
Fully unable to relax & let it go, I tried alternate googles to see what I might find about this outfit.  One thing struck me when I googled a version of the woman's name... A notice she put up on a bulletin board three years ago.  Granted, I'm being paranoid... But us Geminis often can't distinguish between paranoia & caution.

Here's the link.  Does it not seem to look a bit ragged?  Isn't such language the mark of someone trying to lure an author in?  LINK: http://p202.ezboard.com/JAC-Productions-looking-for-scripts-to-promote/fenavantplaywrightsfrm11.showMessage?topicID=80.topic (http://p202.ezboard.com/JAC-Productions-looking-for-scripts-to-promote/fenavantplaywrightsfrm11.showMessage?topicID=80.topic)

I guess I just wonder what publisher's actively post HELP WANTED type notices on bulletin boards?
Title: Re: Puzzled
Post by: DaveKuzminski on November 09, 2007, 09:35:15 PM
Okay, now we're getting somewhere. Now I have a name and a business. The good news is that I don't have any complaints on file regarding either of them. Admittedly, it could mean that no one thought to contact P&E if there was a problem.

Now, I mentioned earlier that I hadn't seen either contract or agreement. If those were supposed to be attached in an email sent to me, then it didn't transmit. No one can respond on section numbers without knowing what those state because the sections in contracts can vary widely in number and content. Most do start off the same way, but many divert as quickly as the second section. Now if you want to send me the agreements as attachments, feel free to do so.

Just to help everyone reading this discussion, there's nothing wrong with asking about a person or business by name in a forum. The tricky part is in answering. If you're not certain because the news reveals problems, then do that with a private message or an email or an instant message in a chat room. However, when asking, you should always get to the point and state who you're asking about. That eliminates many wrong impressions and allows those with the information to give an accurate answer appropriate to the situation much quicker.

Lastly, revealing the editing cost, which I can only speculate about, does give me reason to pause and think. If there are provisions for the publisher to charge the editing to the authors, then it's not just a red flag, it's a trumpet signal for recall (advance in the direction away from the other party). However, there are some legitimate instances where such could be included as an incentive to avoid having a writer jump ship just when the work is ready to head to the presses. What's needed is a clear reading of the contract in relation to all the other sections. In other words, don't rely upon one section standing entirely on its own. It's not infrequent for one section to be modified by another such that the meaning of one might seem dangerous, but when taken in context with another section turns out only to be protection.
Title: Re: Puzzled
Post by: audal on November 09, 2007, 09:45:14 PM
Wow - thanks again!

Real quick: The agreements were attached in the very first post of this thread.  PDF files in small print at the bottom of the post.

Will post more later.  On phone.  I'm a terrible multi-tasker!

(RETURNS FROM PHONE)

OK, truth is, I'm actually glad to see that my red flag visions weren't entirely unwarranted. 

The agreements are actually located at the bottom of my initial post in this thread.  Elky/Elknutswife made some eagle-eye observations a few posts later and cited the passages that give me (or rather her, and me by extension) the most pause.

I think the very notion of sharing negative information on the web is what keeps me here as Audal instead of  :censored: .  It's not about the people here... It's that I might be recognized and perhaps flamed should I have anything rightfully scathing to say about an agent/publisher who in fact deserves the hot coals.
Title: Re: Puzzled
Post by: DaveKuzminski on November 09, 2007, 10:31:03 PM
Okay, I stopped when I reached the line on that first post thinking it was part of your signature. I'm much too used to receiving such information as email attachments. I should have read closer.

The first agreement treats you and the author of the majority of the work differently. You should be entitled to a percentage based on what percentage of the total is yours. Now on to the main contract.

The editing section at 4e is poorly written. This leaves it impossible to distinguish from changes initiated or demanded by the publisher from those wanted by the author(s) thus making the author(s) liable for such costs. Either write in the necessary wording to make that clear or demand that they do so.

Ooooh, a discounted rate of 5%? Sounds like they want to be another PA.

Upon reaching the royalty payments, their contract begins contradicting itself. Semi-annual payments made each quarter. Sounds like they must be magicians. Then they want the author to be responsible for maintaining and to make discrepancies known within 30 days. At this point, I'm convinced they want to be ABPG (which is just as bad as PA). Then they go on to state any termination is liable to remedies mentioned in non-existent paragraphs.

Then the publisher wants the author to front the registration fee? Oh, give me a break. Just what kind of risk is the publisher really taking? Next thing we know, we'll find out the publisher is using Lulu.

I read farther, but it only convinced me it's a lousy contract. There's even a section stating you have to pay for your attorney should you go to arbitration even though many contracts make that expense belong to the losing party. This section shows they anticipate problems and are determined not to pay out anything more than necessary when they're proven wrong.

At this point, I'd really like to know if JAC has ever published anything successfully. Unless they can show a track record of sales, I'd walk away from this deal or flip down the plexiglas case to avoid hitting the deal button and then demand something a bit more fair. Oh, what the hell. Something a lot more fair.

Title: Re: Puzzled
Post by: audal on November 09, 2007, 10:42:02 PM
A-HA!  I was feeling all proud because I was about to cite (4.e) as evidence of when you said, "If there are provisions for the publisher to charge the editing to the authors, then it's not just a red flag, it's a trumpet signal for recall..."

Dave, how can I ever repay you?  Karma?  Is that enough??

Seriously, you have fully liberated me from this silly hell.  Since I am one of maybe 10-15 writers, I'm not going to ask for any sort of contract rewording.  I'm just going to flat out say, "thank you, but after consultation with other writers, I have been advised that this particular project is not for me."

And that's pretty much all I need to say, no?

Honestly, I am grateful to arrive at this conclusion.  This has been distracting me all week.  It's not an excuse, but it's certainly cut into my psyche when I was trying to work on my own damn novel.  It should've been tossed to the back of my mind, but it always shoved itself to the forefront.

Dave, if there is a way I can repay you for your amazing help, please do not hesitate to ask!

ROUND OF APPLAUSE:  :clap: :clap: :clap: :clap: :clap: :clap:
Title: Re: Puzzled
Post by: Emeraldsky on November 10, 2007, 06:01:53 AM
Thanks from all of us Dave, for clearly the cloud over Aud has been lifted.  ;D

Sorry to hear of your legal dealings, perhaps we can all chip in some karma and wish you well. You've done a tremendous amount of service for the writing community- do let us know if we can do something for you.

Aud.. yours was a line- this is round of applause! ;D (so it's not perfect...)

 
:clap: :clap:
 :clap:                :clap:
 :clap:                          :clap:
 :clap:                          :clap:
 :clap:                :clap:
 :clap: :clap:


PS- should this thread get deleted, I'd like to keep the advice about how to stay on safe legal ground. That's excellent information that should be featured somewhere in the forum! :yes:
Title: Re: Puzzled
Post by: joanjunkmail on November 10, 2007, 06:53:38 AM

PS- should this thread get deleted, I'd like to keep the advice about how to stay on safe legal ground. That's excellent information that should be featured somewhere in the forum! :yes:

dave, that was really great!  thanks!

emmy, the only way to stay on safe legal ground is to consult a lawyer!  dave is very helpful with this as someone who is experienced with the publishing industry, but i'll repeat what dave said at first:  get a lawyer before you sign.  he's right.
Title: Re: Puzzled
Post by: Patrick on November 10, 2007, 08:08:12 AM
Dave,
Thanks for helping out.  I don't know where writers would be without you.  I think we should all chip in and help pay your legal fees when these  :censored: :censored: :censored: "agents" try to sue you.
Title: Re: Puzzled
Post by: audal on November 10, 2007, 09:10:36 AM
At this point I'm inclined to allow this thread to stay put on the boards... though I may delete the PDF agreement files, as they contain names and such.  I will of course keep them on file should anyone want to PM a request to take a look at a dreadful contract.

I slept easily last night.  This thing was for sure a big fat albatross.

Em: It looks more like a football of applause.  Or maybe that's just me trying to slide sports into the topic?

I am contemplating making Dave the only active member who has more karma than posts... That's how grateful I am.
Title: Re: Puzzled
Post by: DaveKuzminski on November 10, 2007, 10:15:24 AM
If you want me to look at something, it's all right to send me an email at prededitors@att.net . Be sure to include names and attach documentation. When the documentation consists of emails from the other party, I prefer those be forwarded separately because that permits me to see where the emails really originated. Yeah, even if it means receiving twenty or more (the record is 56) different emails.

Regarding this thread, I think it should stay. The only thing that took place is a discussion of an offer. There's nothing offensive been said about the other party making the offer so there's really nothing to sweat.

You might want to create a topic, though, that guides writers through a simple list which many of you can add to since we all tend to overlook simple things that often are done without thinking. For instance, one item might be that writers should never throw away emails from the agents/editor-publishers/editing services they might contact and should always make a copy of their own. A lot of email programs permit stashing those in special folders that should maintain the hidden headers. Then it should be possible for most email programs to have those transferred back to the active inbox for forwarding should a problem emerge.

Same goes for any papers (contracts, for instance) sent through the mail. Make a copy by scanning it. Be sure to use a setting that creates a small file. Don't let it default to BMP as those are often huge. Then if someone at another location needs to refer to something that was on paper, it's a simple matter of attaching the scanned document file to your email.

Unless absolutely necessary, never make decisions about your writing over the phone. Use email as much as possible because it creates a document that will stand up in court. Remember those hidden headers? Now you know one of the several reasons why you want to preserve those. Now this is not to say that all decisions can't be made over the phone. Remember, we're talking about acceptances and pricing decisions. It's quite another thing to discuss the wording in a paragraph prior to sending the proof to printing or other similar non-critical decision problems. Non-critical meaning it doesn't apply to the contract issues that could hurt you.

Another reason for email is most people will not send an email with a deliberate insult in it that might be used against them in court. So email tends to protect you by discouraging you from putting down something that you know could come back to haunt you. Yes, I know that some folks aren't discouraged by anything.

Also, there are some known scammers out there who want to conduct business over the phone for several reasons. Phone calls avoid creating documentation. They can use any phone recordings against you because there are states that prohibit recording conversations without giving notice to both parties. You might win in court, but you could lose everything you gained by having the state fine you and possibly even incarcerate you.

Anyway, this is a start. More will occur to me later. I'm sure others can add onto this list so that a well-balanced guide of how to protect yourself against later problems will be available to writers.
Title: Re: Puzzled
Post by: audal on November 10, 2007, 10:47:07 AM
Adding to Dave's wisdom, I'd like to also post a link to the "Warnigs" section of his very own site Preditors & Editors, which was what encouraged those alarm bells to sound.  It is only a part of the homework a writer must do, but on a basic level, this information is invaluable.

So when in doubt about an issue similar to the one I faced, look here: http://www.anotherealm.com/prededitors/pubwarn.htm (http://www.anotherealm.com/prededitors/pubwarn.htm)
Title: Re: Puzzled
Post by: DaveKuzminski on November 10, 2007, 10:54:46 AM
Never let anyone rush you. If they state they need a decision right then, odds are they're trying to stampede you into a wrong decision for your interests. That's another reason why scammers like to talk to you on the phone. Many of them are confidence men (or women) whose voices just exude a feeling of being on your side. When they're restricted to email, they lose one of their weapons of persuasion. Also, it's easier for you to notice when they're avoiding your questions when their answers are written down.
Title: Re: Puzzled
Post by: audal on November 10, 2007, 03:41:29 PM
Another tidbit I found sketchy right from the get-go was that the very first email correspondence from the publisher (which contained agreement #1 and was evidently sent to all contributors in the BCC field) opened with a greeting along the lines of "Hello there my good friends," and ended with "Enjoy The Day!"  I may be truly nitpicking, but it just reeked of unnecessary good will and an attempted "seduction," if you will.

One more covering-my-bases question... Next week I will be sending an email to the organizer/producer (but not the publisher) telling him that I do not wish to be a part of the project.  I expect a prickly why-the-hell-not? response.  I will under no circumstance name any of the names or websites that helped me reach my conclusion, but I would like to say something along the lines of this:

After careful consideration, as well as consultation from writers well-schooled in contract law, I am just not comfortable being involved in the project and request that you remove my name and work from the compilation.

Might I also add:

I would like to suggest that you yourself seek out a third party legal opinion before signing off on the project, as there seem to be provisions within said contract that might not be in your best interest.

Thoughts?

My feeling is that if I can offer this olive branch (which I don't have to do at all), it will help the man understand why I'm bowing out.  What I remember from the original production is that he was very tunnel-visioned about this & was steadfast in his belief that this back-alley theater production was destined for greatness.  If so, it wouldn't have taken seven years to get there, no?

Anyway, that's my latest question.  Hopefully I'll be done soon & thanks again...

More karma!

Thoughts?
Title: Re: Puzzled
Post by: joanjunkmail on November 10, 2007, 04:26:16 PM
I like both of your ideas.  If your 3pages are the deal breaker (no matter how wonderful they are), then something is definitely awry and they should run away.

good luck with it.