Sunday 25 October 2015

Why I cannot publish Nightingale

On Saturday morning,  received a notice that Riptide Publishing would file legal action against me if I do go ahead with the publication of Nightingale.

Legally, that's their right - they still hold the contract to the book. A contract that contains no clause that forces them to publish the book at all. (The rights don't reverse upon "failure to publish", in other words, if Riptide decides to not publish the book, there's basically nothing I can do.)

Now, the self-publishing of Nightingale wasn't a surprise to Riptide. I informed Riptide of my schedule, even who's doing the proofing, and that everything was above board can be seen in the fact that they gave me the un-watermarked cover image. (For which I was supposed to pay out of my royalties.)

The background to this is that I've wanted to leave the "partnership" for more than a year (for many, many reasons, but the most important is that I want to focus on coaching and I see a conflict of interest between the function of publishing and coaching/advising authors), and another is that I prefer to consider writing a hobby, a minor part of my life - it allows me to write whatever I want, publish it whenever I want, and only do as much "marketing" as I feel comfortable with. And, of course, hire editors I trust and know. Basically move away from wanting to earn money back to being an amateur who writes what he damn well pleases and published under those same terms.

Now, Riptide has sent me an agreement to leave the "partnership" that was so incredibly lopsided (all advantages go to Riptide, none to me that I'm not legally entitled to anyway) that I find it impossible to sign.

And to put on the thumbscrews - which is what it feels like - Riptide is holding my book "Nightingale" hostage - which it has no interest in publishing, didn't edit****, didn't line-edit, didn't proof, and even the cover is 90% based on a draft a friend made for me.

Riptide of course knows that this is my best novel ever, and what the book means to me. It's basically the perfect stick to beat me with.

So, with a heavy heart and tears in my eyes, I have to tell you that Nightingale will not be published. Legally, Riptide owns the book, and according to the contract, they don't even have to publish it. The contract I signed - thinking I was "among friends" - contains no "failure to publish" clause.

At this point, I don't know what will become of the novel.

The only thing I know is that I consider starting, funding, working for and supporting Riptide one of the three biggest mistakes of my life.

Riptide is no longer a work of mine - I distance myself from it as far as I possibly can, and by the grace of the gods I will be allowed eventually to leave the "partnership" without losing control of all my work.

I consider it ironic that a book that's all about freedom and artistic self-respect ends up the hostage of this ... "entity".

As far as I'm concerned, I'm too dazed and hurt and in pain to even think whether I want to write at all. After this blow, I'm half a step away from quitting entirely - I can't even think of writing at the moment, or the future. I'm heart-broken, humiliated and upset.



**** I paid the developmental editor (whom I hired personally because I always planned to self-publish the book) and Riptide so far has paid half of that fee. But Riptide was not involved in the edits or the final shape of it - it didn't change a comma. What Riptide did contribute is a damn fine blurb, and an editing letter upon acceptance that I ignored.


ADDENDUM: There's a new development. 

43 comments:

  1. Wow, that's terrible. I remember when you started that company, all of the high hopes and the wonderful work that came out of it. It makes me sad to see it all go so sideways for you--can't imagine what it must be like to be in your shoes right now. Hoping you can come to a better resolution than the one currently on offer. Wishing you peace and strength.

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  2. I'm so sorry for you Aleks, and that this has been done to you by those you considered freinds is beyond my comprehension. :(

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  3. Dammit. I REALLY dislike Riptide right now. You've worked so hard on this book! Does the contract ever expire?

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  4. There are no words that will make this better. I think it is terrible.

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  5. Basturds. This makes me so blipping mad! I'm sorry and terribly saddened by this news. Let us know if there's anything we can do.

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  6. This is really upsetting; I am so sorry to hear this! Seriously, I'm shocked by this behavior. I'd heard that Riptide had a very good reputation, but this is inexcusable.

    I appreciate you sharing this, even though it must be extremely hard. I'm a relatively new writer, and it didn't even occur to me to check contracts for "guarantee to publish." I checked and luckily the one publisher I have signed contracts with does include that but wow, apparently I'll need to keep an eye out for that in the future.

    Again, I am so sorry to hear this, and I wish there was something we could do. :(

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  7. This is the kind of thing I'd expect from a publisher like Ellora, not Riptide. They were supposed to be one of the good guys. Shame to add then to my blacklist. I'm so very, very sorry, Aleks. I hope you get your story back, it really is your best fucking work and it deserves better than this. <3 you

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  8. I am so sorry that this is happening to you, Aleks.

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  9. Aww I'm sorry this has happened. Things will work out eventually I hope xx

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  10. Hmm did Riptide thing about how this will affect authors (with a rep from other pubs) who might have been thinking of submitting to them? There's always signifigant losses for a company when they bully an author, that I guess they don't bother to think about. Here is the start of their reputation plummeting if they don't make amends.

    I get that people sometimes just do whatever their lawyers suggest, but companies need to look at whether their lawyer is just going full tilt screw the author cause they are the other party, and ask themselves if this is what they really want in their relationships with authors, and whether there may be consequences for THEM down the line. Keep us informed so we know whether we should submit to them or not. Maybe they will see sense and try to rectify this with you.

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  11. Ahhh... SHIT! What is going on in the world?!

    Aleks, this is horrible.

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  12. I'm absolutely disgusted, shocked and speechless. And to be honest,I'm clueless about if/how I could help you at the moment.
    But one thing is for sure: I definitely will not buy another book from a publisher who's treating creative, talented authors like slaves!
    And to all you readers out there: maybe considering a primary boycott is an option for you, too.
    Or send them protest mails 'till their bloody mailbox goes off.
    Just do something! We're their readers, we bring the f*****g money, so show them we are many and we are royally pissed!

    With all my best wishes for you and your Birdbook,

    Sally

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  13. I wanted to preorder and found that it had been removed from Amazon. So disappointing for readers and devastating for you.

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  14. I want to thow up Aleks ! This book is your BEST work ! I cried reading this. Is it possible you sue them?

    Lelyana

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  15. I have a question instead of a comment, is there any possible way to publish the book and just offer it for free? I have no idea how any of that works, but I would think that possibly, if you release it that way, maybe put it on your own blog/website and not make any profit from it, it could be that you can get around any kind of contract or copyright problem. As I said, I don't know how any of that works, but I just thought I'd throw it out there for you.

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  17. I have a question instead of a comment, is there any possible way to publish the book and just offer it for free? I have no idea how any of that works, but I would think that possibly, if you release it that way, maybe put it on your own blog/website and not make any profit from it, it could be that you can get around any kind of contract or copyright problem. As I said, I don't know how any of that works, but I just thought I'd throw it out there for you.

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    1. Or re-write, different title, or separate it in a few novellas and self publish.
      This book has some part. Probably Aleks can make it like that.

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  18. I do not understand what authors, in today's world of books, goes with a publisher. 9 times out of 10 the author is being ove. They rip the joy out of writing, make a personal gift a stressful job and take most of the money and credit. I wish all authors would leave publishers and become Indie. There's my rant. I'm sorry this has happened to you. I'm glad you warned people to look at what their signs. Negotiate. If you do 't get what you want in the contract, walk the hell away and publish it yourself.

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  19. I am so, so shocked and angry this happened to you. I've been a fan for years. They're going to know very soon what a mistake this was. This is how they treat their authors? They're going to be losing readers and authors from this. They've certainly lost my support and will make sure more readers know about this. All my best wishes for you...! :( Don't lose hope.

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    1. Yeah because their statement has to be the truth, right? They couldn't possibly be painting it in their own favor. This is hardly the only reason not to go with Riptide. There are more.

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    2. There are definitely more reasons than this not to go with Riptide, and more than one author unhappy in that stable. They were nothing but unprofessional in email correspondence with me, which left a bad taste in my mouth after working with other professional publishers (who had offered acceptances and rejections both) who were actually professional. But I am disgusted and horrified to see how they treated their 'partner' - Aleksandr, I wish you all the best in finding your love of writing again.

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  21. I'm so so sorry to hear about this and all I can say is. Riptide shod be ashamed of themselves for doing this! They are being unprofessional and heartless bastards.
    I don't know how but I sure hope that they give you back the book something YOU wrote, not them. It's yours not theirs snd never will be.

    Love and hugs
    Phetra

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  22. I'm so so sorry to hear about this and all I can say is. Riptide shod be ashamed of themselves for doing this! They are being unprofessional and heartless bastards.
    I don't know how but I sure hope that they give you back the book something YOU wrote, not them. It's yours not theirs snd never will be.

    Love and hugs
    Phetra

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  23. I'm so sorry Aleks.
    I hope this will find a good ending, even though I don't know how this can happen. I was playing with the idea of submitting a book to Riptide, but I guess I'll go the self-pubbing route now. At least I only have to answer me then.

    I hope this will work out somehow and you'll get your rights back. *hugs*
    Chris

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  24. You have all my sympathy. As someone caught up in the EC saga - they have 19 pieces of my life - I wonder why I ever signed any contract. Publishers seem to be able to wriggle out of everything. It makes me very sad and angry and frustrated.

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  25. So sorry to hear this - lots of hugs

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  26. Just a thought but why won't Riptide publisher Nightingale? Would that be compromise, then you can negotiate your way away from.them for good.

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  28. Barstewards!! Hell and damnation!! We were all sooo looking forward to this one, we even had a big buddy read planned on Goodreads. Well, I'm just lost for words really...and to be treated like this by a company you helped to start too.....talk about Backstabbers!! As soon as my outstanding orders for Riptide are fulfilled, that's it as far as I'm concerned. Riptide, you can take a running jump!! So sorry for you Aleks, I know what it meant to you. :(

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  29. Wow, just wow. I never commented on your page before - I was just lurking silently and clinking in occasionally. But THIS. I'm speechless. I'm never buying a book from Riptide again. They might be a small imprint, but these are horror tales normally heard from the big and mean publishers who can afford to be complete dickheads. I'm a huge fan of good author morale (no trolling etc), and the same goes for publishing houses. I can't believe how unfairly you're being treated - and by an imprint whose other published titles don't match your quality or uniqueness. I wish this nasty trolling hadn't happened to you. Keeping an author's work of art as a hostage for monetary gains or whatever they think they might gain from this step must be very depressing and discouraging. It's probably no help at all but I believe in you and your work and I hope with all my heart that this issue will clear itself up. I was really looking forward to Nightingale, which held so much promise, and I hope that I can one day preorder it again :) until then, please stay strong!

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  30. Gods Aleks, I'm so terribly, terribly sorry. There goes my naivity, that small, independent Publishers were different and would support authors and their readers. I've just cancelled the Newsletter from Riptide. I know that doesn't change anything, especally Not my beeing angry beyond words. But Aleks, please, please don't stop writing. Lots of hugs!!

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  31. So sorry to hear this had preordered and just saw my email that it had been cancelled, I hope that you don't walk away from writing entirely but best wishes hope things work out for you and your book.

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  32. I am so sorry to read this.
    I logged into FB especially to find out why the preordered book had been cancelled.
    I can't imagine how down you must feel right now but you words give me some idea, along with reading your comments over the time that you've been working on this book.
    I'm a big optimist so I think/ hope given a little time this will be resolved OK - doesn't help tonight.
    Interesting - I'm not a lawyer but through life experience (I run a business and have been to court a few times) - I suspect such a clause would not allow the publisher to keep your book in Europe/UK. Through my years I have been impressed by how fair & sensible our laws are and there is a lot on unfair/ unbalance contracts.
    However, I have also been amazed at how ofter the US has totally different legislation.
    So where is Riptide registered?
    Although hopefully it wouldn't come to that. You'd self publish. Riptide would sue you for the millions in lost Royalties!
    So, in Britain it would be the small claims court. Even if you lost the costs are minimal (as set by the court) but you'd stand a good chance of winning I suspect. But I don't know about other countries.

    Right now, Im sorry I won'y be reading that book in November so please take comfort from all your fans & friends.

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  33. Others have probably suggested this, Aleks, but get yourself a good lawyer. Seems asinine they can do this to anyone. And they'll continue to do it if no one does anything about it. I'll boycott their books for sure. Miserable jerks. Paul

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  34. I'm so sorry that this is happening to you. And these people are so called friends. Don't let this upset you... even if it is difficult. Easier said than done., I know. Hugs

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  35. Absolutely devastating. You are incredibly talented and it's awful they did this to you. You have the support of your readers. Stay strong.

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  37. Sorry to hear about this. I suppose there is a reason so many authors are opting to self-publish these days. I have definitely heard about publishers holding rights from authors in the past. I had thought Riptide was better than that, but I guess people are the same everywhere, and can be defensive and money-grubbing and mean.

    Things like this can wreak havoc on a creative person. I sincerely wish you the best.

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  38. Thanks all for your support. I've reached an agreement with Riptide, their layer and my layer and it's all here:

    http://aleksandrvoinov.blogspot.co.uk/2015/11/update-nightingale-riptide-et-al.html

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