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by Todd Piccirilli, art by Bill Widener
These writers, with hopes ranging from being the next Stephen King to simply making enough to support their hobby, show no reluctance in expressing their anger, frustration, and disillusionment. What they do try to mask, though, is the despair they feel at having their dreams destroyed. As reported in ACE (October 98), Lexington-based Sovereign Publications and their Appaloosa Press imprint were purportedly in the process of filing for bankruptcy. This left many authors, who had not only expected to see their various works in print but had invested several thousand dollars for the privilege, in quite a lurch. Six months after first telling authors of the impending bankruptcy, however, the law firm originally hired to handle the proceedings is no longer representing the owners, Charles and Dorothy Deering, and nothing has been filed with the district bankruptcy court at press. Furthermore, neither the manuscripts nor the rights to those manuscripts have been returned to the authors, according to the many authors contacted for this story.
A Promising Start In 1996, with what might appear to some as a conflict of interests, the Deerings created Sovereign Publications, a Lexington-based publishing house. In a newsletter to clients, Dorothy Deering called the creation of Sovereign the result of "countless requests from our authors" (although in correspondence between many of these authors no one has claimed to have asked the Deerings to start their own publishing house), and she praises the "personal attention" they can offer, as opposed to the corporate practices of the "large publishers." Dorothy Deering also writes of how joint-venture contracts are the "way of the future" in the publishing industry, especially for first time authors. Joint-venture contracts require authors to contribute to the upfront costs along with the publisher, and in return these authors can expect much higher royalties from the sale of their books than what is typically offered in the publishing industry. (Even though this is contrary to standard industry practice. See sidebar.) In every other aspect (i.e. production, distribution, promotion), however, Sovereign claimed to do the same for their authors as do the "big" publishers. For would-be authors, getting a contract from Sovereign certainly appeared to be the first step into the world of publishing. But where there are dreams, there are those unscrupulous individuals who prey upon the dreamers. And for the many authors who were expecting to see books bearing their name on the cover, penning that signature to a Sovereign contract proved the first in a long line of poor decisions.
Shattered Dreams But this seemed a small price to pay for the good news he would soon receive. Not long after signing a contract with the Deerings, Shackelford said that a letter from the agency informed him that they had a publisher for his book. That publisher was the newly formed Sovereign publications. As with all of the Sovereign authors contacted for this story, Shackelford was offered a joint-venture contract. For $4,675-money which he had to borrow from his family-he could have his book published. After reviewing the contract, Shackelford claims to have spotted a clause that read, "This fee is non-refundable." According to Shackelford, he had this clause changed to include a condition that Sovereign fulfill its promotional promises. That was in the fall of 1996. Looking back now, Shackelford says, "As far as I'm concerned, they did none of this. It's a total breach of contract." Shackelford claims that he had to continually contact Sovereign in order to get updates on their progress with his book. Then in February 1998, less than a month before his book was to finally be published, he received a letter from Dorothy Deering informing authors of the tragic death of one of her sons. Due to her understandably fragile emotional state, Dorothy Deering, who acted as Sovereign's CEO and whose signature was thus required on all major matters, would not be able to conduct any business for an indefinite, but presumably short, length of time. Therefore, authors were informed that publication dates would have to be pushed back six months. Most of the authors contacted for this story said they were disappointed by the publishing delay, but nonetheless sympathetic and understanding given the circumstances. And Shackelford was certainly among this sympathetic lot. However, having received the letter from Dorothy mere days before his book was to be published, Shackelford was not completely convinced by the postponement. He decided to send Sovereign another of his manuscripts-the aptly titled A Writer's Nightmare-and the response came as quite a surprise. According to Shackelford, not only did he receive another contract, one bearing Dorothy Deering's signature, but this time the cost to him would be $7,875. Needless to say, Shackelford's suspicions were mounting. Still, when Shackelford spoke with Charles Deering in August of last year, Shackelford alleges Charles told him that his book was moving along according to schedule. Three weeks later, a message on Sovereign's answering machine informed callers that Sovereign would soon be filing for bankruptcy.
Unlike all of the other authors interviewed, Eileen Glathar had never really pursued an opportunity to be published. She certainly enjoys writing, but she hadn't really given much thought to becoming an author until an agent contacted her. Looking back, Glathar figures the agent from A Rising Sun Literary Agency must have gotten her name from either a correspondence course she had taken in creative writing or from her subscription to the popular Writer's Digest. However her name had been obtained, Glathar didn't care after she sent a story to the agent and received a call back saying they were "really excited." So she continued to send in other manuscripts. In the meantime, A Rising Sun Literary Agency was purportedly bought out by the Deering Agency. And, as is consistently the case with the authors contacted here, that's where dreams suddenly turned to nightmares. Due to the nature of her husband's job, Glathar says, "We had set aside some money in case my husband got laid off." As a woman with a disability (multiple sclerosis), Glathar is physically limited in what she can do to help support the couple financially. So when she was contacted by Charles Deering about getting one of her manuscripts published, the two saw this as a wonderful opportunity for Eileen to help out. Predictably, Glathar was offered a joint-venture contract because she was "a new writer." But the couple decided to take a chance and sent Sovereign $4875-money that had to be taken from their rainy day fund. As with most aspiring writers, Glathar was a novice to the publishing industry. So after signing her contract with Sovereign in September 1997, she didn't question the Deerings when she was told it would be a year to 18 months before her book was published, and there was very little correspondence between the two during this time. But on December 9 of last year, a day Glathar remembers all too well, she called Sovereign to check on the progress of her book. That's when she got the same message that everyone had been getting since last September: Sovereign was about to file for bankruptcy. With no book, no money, and no rights to her manuscript to show for their money, Glathar is angry. "They took a dream...now it's gone," says Glathar. "They sullied my dream and mocked me."
From graduate students to high school teachers, estimates run as high as 250 or more writers who were to have books published by Sovereign or Appaloosa. Since its inception, however, there are allegedly only a handful of books that actually found their way to the printing press. A search of Amazon.com and Barnes and Noble's online services reveal many more "not yet published" books under the Sovereign or Appaloosa name. For all these authors, investments purportedly ranging anywhere from $3,000 to well over $10,000 are gone with nothing to show for them. Dreams of becoming a published author are also gone. And, adding insult to injury, these writers do not even retain the rights to their own work - they contractually signed them away to the Deerings. According to Lexington lawyer Eric Evans, "You have to have judicial determination of a breach of contract." Only then will rights revert back to the authors.
What's Next According to the Better Business Bureau report, the Deerings' son, Daniel, was to have taken over as president of the literary agency, and at some point last fall, the name of the agency was changed to the Daniel Craig Literary Agency. Calls to that company's number now, however, result in an answering message for "A-Z Home Improvement." While dodging writers may be relatively easy, those involved in Sovereign may not find it so easy to duck state and federal authorities. Although Kentucky's Attorney General's office and the FBI can neither confirm nor deny an investigation of the Deerings, verification through independent sources has confirmed that both entities are making inquiries into Sovereign's dealings. And what they're able to find will be of great interest to many people. What's known at this point is that the Deerings appeared to be much more concerned with getting people to sign contracts and send in money than they were with actually getting books published. One former employee estimates that only one book was actually published between January and July of 1998. During that same time, however, over 500 "certificates" were sent out by Sovereign offering a $1000 rebate for signing a contract. So despite the fact that publishing had to be "delayed" during this period, it was apparently business as usual when it came to soliciting funds. A message at Sovereign's phone number has been informing writers that Sovereign and Appaloosa have ceased to exist since September 1, 1998 and that everyone will be contacted by registered mail about retrieving their manuscripts and rights (there is no mention of getting their money back, though). No authors contacted for this story had received any such letter, however. The message also does not say anything more about filing for bankruptcy and informs writers that the lawyer originally retained to represent them is no longer doing so, and the name of the Deerings' new lawyer is not revealed in the message. The only indication given in the message as to why there have been so many delays is "Charles and Dorothy Deering's declining health." A small group of Sovereign authors (who met over the Internet) are attempting to fight back, though. Last Wednesday, Eric Evans represented approximately 25 authors as they filed a class action lawsuit against the Deerings. "We're going to go after them," said Evans. Should the suit prove victorious for the authors, they should finally get the rights to their manuscripts returned. However, what they're able to get back in monetary terms is questionable. According to Evans, investigators hired by his firm found the Deerings to have no assets anywhere-quite surprising for a company bringing in thousands of dollars with every contract. For obvious reasons, the publishing world has left a bad taste in the mouths of these writers. For those writers hoping to one day be published, however, another Deering client who never saw his book published offers these words of advice: "If ever an agent or publisher wants upfront money," says Tom Mahon, "Run. Run away."
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Bards Beware
Avoiding the sandtraps of self-publishing by Michael K. Pastore Try getting your book published by conventional means, and you quickly discover two discouraging facts. Most of the major publishers that you write to wont look at your manuscript unless it is submitted by a literary agent. Most literary agents wont take you as a client unless youve already had a book published by a major publisher. This frustrating dilemma brings to mind the ludicrous law (still on the books in one state): When two vehicles meet on a one-lane roadway, neither one shall move until the other has passed. ![]() One way to solve this publishing predicament sometimes for better, sometimes for worse is to publish the book yourself. In 1855, Walt Whitman set type at his friends printing company, then paid for the printing of the first edition of his unappreciated masterpiece Leaves of Grass. With the help of his wife, William Blake considered by his contemporaries to be a madman, and now regarded as one of the worlds great poets handcrafted all his books in his own workshop at home. Some other once-ignored now-famous writers who have self-published include Benjamin Franklin; Henry David Thoreau; Mark Twain (The Adventures of Huckleberry Finn); Carl Sandburg; Rudyard Kipling; William Strunk, Jr. (The Elements of Style); D.H. Lawrence; Gertrude Stein; Beatrix Potter; the Bronte Sisters; John Galsworthy; Edgar Allan Poe; Robert Browning; George Bernard Shaw; Samuel Butler; William E.B. Du Bois; James Joyce (Ulysses); Anais Nin; and Virginia Woolf. While many of the well-known major publishers have had to merge to stay alive, small-press publishing and self-publishing is thriving. In the United States, more than 100,000 books are published every year. According to author and self-publishing guru Dan Poynter, approximately 53,000 of these books are published by small presses and independent publishers. Self-publishing your book differs from getting the book published by a larger publisher in three important ways. When your book is published by a larger publisher, then that publisher 1) pays for all the printing and publicizing expenses; 2) does the work of preparing the manuscript, working with the printer, and getting publicity and selling the book; and 3) keeps most the profits: generally between 85 percent to 94 percent of the sales. (But keep in mind that the publisher loses 40 percent to 50 percent of these profits to pay retailers and distributors.) How is self-publishing financially different? Self-publishing authors 1) pay for everything; 2) do all the work; and 3) keep all the profit. With the so-called vanity presses the author gets the worst of both worlds: the author pays for the printing of the book, and still pays the vanity publisher a large percentage for each book sold.
Urbana (Illinois) publisher and author Rupert Evans has been practicing and promoting a unique variation to the standard method of self-publishing. Evans, a professor emeritus at the University of Illinois, explains it thoroughly in his self-published book Book-on-Demand Publishing. (The most troublesome problem with the financial end of self-publishing is that the publishers-authors print, for example, one thousand books (printing less will usually cost too much per book), and then, too-often (as Thoreau and Whitman discovered) can sell only a small percentage of that amount. Evans neatly cuts this Gordian knot by making his own books, one at a time, in his workshop at home. Evans prints the pages of his book with a laser printer; then binds them with a strong adhesive glue; then cuts the edges with a powerful paper cutter called a guillotine. Using Evanss method, if a publisher receives an order for ten books, the publisher simply makes ten books. Theres no enormous initial printing expense to fork out, and no large inventory to clog your closet space. Evans says that binding your own books at home is easy, and can be learned in less than one hour. And if you dont want to buy a guillotine cutter, you can take your book to any copy shop, which will be glad to trim it on three sides for a reasonable price. The actual process of self-publishing your book may be divided into four basic phases: writing and editing; finding and working with a book printer; preparing the text, cover, and illustrations for printing; and publicizing and selling the book. All these skills and activities can be self-taught. The self-publisher may choose to do all of these activities herself, or hire help for any specific phase of the project. The remainder of this article contains a dozen sensible tips for getting started. The most common and most important questions are addressed here: How should a newcomer begin? What needs to be done? How much will it cost? Will the book be a success? First write your book, and write it well. This first slice of advice is by far the most important. Read books in the same field as yours and compare for quality. If your book doesnt measure up, go back to the writing board, and rewrite until its right. Before telling yourself the magic words (The book is done!), get opinions from well-read friends who will tell you with objective candor exactly what they think. Publishing your book yourself should be considered as a last resort, only to be attempted if you have money to burn, time to spare, and a book you believe in with your whole heart and soul. Its rare for a first-time author-publisher to financially break even. (Repeat this last sentence seven times before embarking on the self-publishing adventure.) Begin by following the beaten track: send your manuscript to established publishers and literary agents. But remember too, that a large percentage of books published by major publishers never get off the ground. In 1851, Herman Melvilles Moby Dick was published by one of the top publishers in New York, and ten years later it had sold only sixty copies. Possibly the best way to reduce the financial risk of self-publishing is to use Rupert Evanss book-on-demand method, discussed above. Beware of fee-charging literary agents and vanity presses. Avoid literary agents that want to charge a reading fee, or other fees except basic expenses for photocopying, phone calls, and the like. Resist the temptation to be published by the well-named vanity presses. Said Martin J. Baron: Vanity publishing is to legitimate publishing as loansharking is to banking. Literary agents and publishers should pay the author, not vice versa. Decide if self-publishing is right for you. Make a plan of things to do, how much youll be spending, and what you hope to achieve. Remember that the process of producing a book is usually performed by a large team of experienced professionals. If youre going to do it all by yourself, expect it to take a lot of time. Will it be worth the effort? Only you can decide. Get at least ten printing estimates. The cost of printing your book depends on many factors: the size of the book, the number of illustrations, the number of pages, and much more. To print 1,000 copies of a basic no-frills paperback book can cost, generally, between 3,000 and 5,000 dollars. Get estimates from at least ten book printers who specialize in printing short-runs: these printers have the technology and know-how to give you the best quality and the lowest price. Get your book reviewed. Once your book is printed, marketing the book is a whole new challenge. Its difficult to sell any kind of book yourself, but nonfiction writers usually have an easier time than fiction writers and poets. Whatever genre you choose, invest time in trying to get your book reviewed by large or small publications, local and far away. Good reviews, or any reviews at all, can make a vital difference. Learn everything you can about the world of publishing and self-publishing. The more you learn, the better your chances. Mark Twain said: I believe in luck, and I find that the harder I work, the more of it I have. Like any new business, self-publishing is a significant risk. Twenty years after paying to publish his great book of poems, Walt Whitman was so desperately poor that he was selling his books from a basket on the streets of Camden. And the good-natured Henry David Thoreau jokingly complained that he owned a large library of almost a thousand volumes, and 700 of these were unsold copies of his first self-published book. Perhaps these two great authors had heard the old folk proverb: Gold has no value if it remains inside the mountain. Of course, for Whitman and Thoreau, the treasure they wanted was not the same coveted substance as the worlds glittering gold. When you write and publish your book not for the money for the joy and the experience it brings you, that joy is your true wealth and your real success.
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BACKROUND Before starting Sovereign, Dorothy Deering warned her clients about publishing companies that offer joint venture contracts exclusively, but she nevertheless praised the merits of these kinds of contracts, especially for first time authors. In a letter to Deering Agency clients, Dorothy Deering writes, When I receive a contract from a publisher than [sic] is joint venture, I immediately call them and discuss their marketing and policies, making sure they are a legitimate press. Deering continues, In most cases I personally visit them to look over their operation. I would never advise an author to sign a JV contract unless I had a personal knowledge of the publishers operations and marketing strategies. Despite these claims, however, Deering clients and the many web sites discussing literary scams allege the Deering Agency secured deals for a large number of their clients with both Northwest and Commonwealth. Those wanting to find out more about these and other questionable companies and business practices should check out the following sites: Any Sovereign authors who are unaware of the lawsuit are encouraged to email scifidi@aol.com. |