Sometimes, things just don't work out like you thought they would.
When I researched small-press publishers for my first book, Through the Veil, I thought I'd found the right one. I'd met the publisher personally on multiple occasions; I knew several of her authors; I'd read several of their books. I Googled and didn't find anything that caused concern.
So when she approached me and asked me to submit my manuscript, and then offered me a three-book deal, I was over the moon. Things were progressing perfectly. Sure, there was no money up-front, but it was my first book. Who was I to expect an advance?
But then...
Communication was poor. Delays were long. It took a full year for the book to go to an editor. Once it was edited, they couldn't find a cover artist. Finally, I did the cover myself just so the book could come out.
So eventually, more than a year and a half after its acceptance, Through the Veil entered the market in March of 2015.
I knew going in that this publisher didn't do any marketing for its authors, something I'd heard was fairly typical for a small press but have since learned is not. They may not do a ton, but they at least help. I tried to do some marketing on my own. As luck would have it, though, I had a marked downturn in my health just as the book was coming out. I did what I could with my limited abilities.
Then it came time for my first royalties statement. I would finally get to see how many books had sold, and what marketing had and hadn't paid off!
But it didn't come. And it didn't come. And it didn't come. I asked about it and was told it would come soon. It didn't.
This was start of a pattern I would see continue. In 3.5 years, I never got a royalties statement that I didn't pester the publisher for. I was paid for my second royalties period but not the first. And then I got no money for a looooooong time.
My husband Googled the company name and found some things that had cropped up after I'd done my initial search. It seems the late payments were an on-going pattern that had caused several authors to leave the company and had led to some legal action. Industry professionals pointed out problematic language in the contract.
Resigned to the knowledge that this publisher was not what I'd thought she was, I pushed forward. After all, I had a contract and I'm a professional. I would live up to my obligations whether she did or not.
My second book, Traveler Lost, saw similar delays. Once it was edited and we'd once again provided a cover, it sat for eight months. The publication date that I'd promoted came and went, and the book wasn't out. Then it came out, but only the ebook. She promised the paperback would be out in time for the 2017 Christmas season. It wasn't.
By then, statements and payments for both periods of 2016 were overdue. I contacted the publisher and asked when I could expect her to catch up on royalties, reminding her that she'd never paid me for the first half of 2015. She paid that, gave me a rather abbreviated statement for 2016, and paid me for that as well.
However, by this point, the statement and payment for the first half of 2017 were due. She said it would be a while because her royalties software wasn't working. Then, nothing for a few months.
Eventually, I decided I'd had enough. I dug into my contract to see what to do next. I found a clause saying that the author could make a formal demand for late royalties and, if the publisher didn't comply within six months, rights would automatically revert to me. I made the demand, and the clock started ticking. I also mentioned the still-unreleased paperback version.
By some crazy coincidence, she said the printer had just told her the paperback was at last ready and it became available. She got me raw numbers, but not any kind of statement that was easy to understand. A few months later, statements and payments for the second half of 2017 failed to arrive on time.
And so, six months after my demand, I notified her that the deadline was passed and she remained in breach of contract. I demanded that she take down all listings for the books and get me statements and payments in a timely fashion.
Again, I got raw numbers but no coherent statement, and a small payment. She tried to claim she wasn't in breach of contract but terminated the contract anyway. Then she tried to say that she'd overpaid me because I'd demanded payment before she had time to go through the final numbers. This is in spite of the ridiculous EIGHT MONTH grace period for payments that's built into the contract, and the six full months she had after I made the formal demand. (For comparison, many publishers pay their authors quarterly or even monthly.)
So here's my point--authors, don't allow publishers to get away with this kind of thing. You have rights, and they have responsibilities. Keep track of the dates you're supposed to receive statements and payments. Don't let them go months or years without fulfilling their responsibilities to you. I know several of the authors who are still with this woman are going without any knowledge of sales (or how their marketing is working), and who aren't getting paid for years at a time.
When things aren't going like they should, dig into your contract. I'm glad I finally did and that I exercised the best option I had. Yes, my first two books are currently out of print, but this action saved me from having to deliver a third book to this irresponsible and unprofessional publisher, and from having to endure her for the seven years beyond that before getting my rights back.
So what am I going to do with the rights, now that they're mine? I have a couple of options to explore. I've had a publisher express interest in them, and if that doesn't work out, I'll self-publish. So Through the Veil, Traveler Lost, and the currently half-written Traveler Hunted will be available at some point, hopefully in the not-too-distant future.
Meanwhile, Hero Academy is doing great, and the publisher, Local Hero Press, is an amazing company to work with! I'm planning to tackle my next Just Cause book for National Novel Writing Month in November and fully expect it to be out in less than a year. Things WILL get back on track for me--this is just a pause for course correction.