100 Meters From Shore, Part 3: On the Advice of My Attorney

I'm not wanton to complain about the minor irritants of life.  However, I don't regard this matter in its sum totality to be minor.  And when major breaches of trust are enacted against me, I think it right to call those matters to attention, whether that be my personal attention, or in this case, the attention of others who may need to be alerted.

Previously I indicated that on October 3, 2012, I contacted my lawyer in order to ascertain what remedy to this breach of trust was possible.  Let's discuss that now.


My Attorney's Observations & Recommendations

First, my lawyer asked for a copy of the traditional contract for her personal review.  Secondly, she was sent copies of all relevant correspondence between myself and PWP.  Mostly that included every email reproduced in this series of blogs, and some additional ones not posted here.

After a two to three-day review of the materials, her advice, with the accompanying reasoning, was as follows:

1) That I should go ahead and pay the $199 Reversion of Rights fee.

The reason was two-fold: 
A) The payment, according to PWP's own email of 10/1/12, as well as Clause 21 of its traditional contract, would return to me full control and rights of all my work submitted to PWP, in addition to all work completed by PWP.  That work included all editing, formatting, and art work.

B) The payment protects me from any possible future claim of indemnity by PWP should, at some point, my story become successful and profitable.  In other words, PWP can no longer claim UNJUST ENRICHMENT by my use of their work with respect to this manuscript.  This is a legal understanding that applies even though the manuscript was (and remains) originally mine, and even though the work of editing on the suggestions of PWP was mine as well. 

Admittedly, I had a problem with this.  Feeling betrayed by PWP, I did not believe I needed to pay them a single cent to reclaim my manuscript and rights from a company that had, as far as I was concerned, acted in bad faith with respect to publishing my story.  And though the attorney said that she understood my feelings, and that I honestly believed PWP had pulled the rug out from under me at the last minute, I needed to put that aside and focus on the business end of what happened.

My lawyer also noted that it was possible that PWP would not take the payment on the advice of their lawyers.  Why not?  Because they may recognize that they could in fact lose out on a payday if something magnificent happens with my manuscript. 

Thankfully, this didn't happen as you will shortly see.

2) That I should send a letter stating my specific requests/demands with respect to the email of 10/1/12.

In that letter, specific legal language was to be used which would bind PWP from any potential future rebuttal.  This was to be especially true if PWP accepted the Reversion of Rights payment of $199.

I will reproduce that letter verbatim later.

3) That I should request a copy of the new self-publishing contract for both my and her personal review.

I had a problem with this too.  Why would I want to work with a company that had done all of this over the course of more than 1.25 years anymore?  Once the payment was made I intended to permanently sever my relationship with them.  However, once again the lawyer said that this must be treated as a business decision.  After all, she said, the self-publishing contract could turn out to be more favorable to me.

Ok, so I got a copy of the self-publishing contract which, by most respects, did in fact look more favorable.  There was more money to be delivered to me after each sale; all of my rights were completely retained; and there was a non-exclusivity clause inserted.  This meant that I could enter into other agreements with respect to my manuscript.

But I chose not to enter into an agreement with PWP under their self-publishing terms.

"Why not?!" you may ask.  Everything looked like it favored me, not PWP!

Yes, perhaps. And most likely it all did.  But trust had become the vital factor here.  Recalling all that went before this, and with input from family and friends who had read this series of email exchanges - and also endured these delays with me in solidarity while waiting on a finished book which they could purchase - I could not in good conscience go forward in a business relationship with PWP.

After all, what if whatever financial problems I still believe they were enduring ultimately caused them to not be able to even publish the self-published story?!

I couldn't take that chance again!  My "spidey senses" wouldn't permit it!

My attorney also understood this reasoning and therefore recommended a severance letter that was as follows.


The Letter That PWP Acknowledged Without Dispute...

...Is reproduced faithfully here, being careful to omit the actual names of PWP representatives for privacy reasons.

**********

To:       (name omitted),

            Administrative Department,

Passionate Writer Publishing

From:   Cedric Crawley

            Author, Epoc Enuma: Shroud of Shadows

Re:       $199 Reversion of Rights payment

Date:   October 19, 2012

Dear (name omitted),

Please note from your online PayPal services that, as of the date of this letter, October 19, 2012, I have submitted, in full satisfaction of this matter, the $199 Reversion of Rights payment as stipulated in the email of 10/1/12 received from Formatting Lead (name omitted), acting as agent for PWP director (name omitted).

Also, please note in your records that this payment is in full satisfaction of Paragraph 21 of the original traditional publishing contract signed between myself and Passionate Writer Publishing on 7/3/11, and that I now own the copyright to this work as it now exists, to include all work done by Passionate Writer Publishing, as of the date of this letter, October 19, 2012.

Additionally, I am hereby requesting all digital files pertaining to the development and production of this manuscript by PWP be sent to me.

Finally, please let this letter serve as my official request for a refund of the $45 one-year advertising and promotional fee paid for earlier this year..

I am also requesting a receipt acknowledging this payment.

Thank you and good day.

Cedric Crawley

PS: This exact letter is attached in its same form.

**********

This letter was submitted on time on the date of October 19, 2012, the same day that I submitted the Reversion of Rights payment.  Note also the legal language contained in this letter.  The words IN FULL SATISFACTION were specifically included at the behest of my attorney.  Additionally, note that I specifically stated that I now own all rights to the work, including all work completed on the manuscript by PWP itself.  Note that I requested the return of all digital files, a receipt acknowledging PWP getting both the letter and $199 payment, and last but not least, the return of a $45 fee for an extension of promotion and advertising once my story was finally published.

This letter was acknowledged by PWP's administrative assistant on 10/22/12.  Their reply is as follows.

**********

Monday, October 22, 2012

6:04AM

Re: 10/1/12 PWP changes REVERSION OF RIGHTS PAYMENT

From: (omitted)@passionatewriterpublishing.com

To: Lal Wynstrom

Cedric,

Your payment has been received. The refund for promoting/advertising will be processed within 4-6 weeks.

Your formatted file will follow accordingly. You should have it no later than Wed. (name omitted) is out of the office today and I want to ensure you receive the correct file.

(name omitted)

Client Services
www.passionatewriterpublishing.com

**********

So, as you can see, PWP in no way disputed my letter of 10/19/12.  Not either has a dispute followed since, to the very day of the composition of this blog.

However, also note clearly from the admin assistant's reply of 10/22/12 that PWP was to have processed and returned my $45 1-year promotion extension payment within 4-6 weeks.

As of today, 12/29/12, NINE WEEKS after the submission of my $199 payment, PWP has yet to fulfill the final end of this business arrangement, and I am STILL waiting to receive my $45 back.

Is this a further example that PWP is in financial trouble, that it cannot return a simple $45 payment made in good faith for services that will now be unrendered?

Is there an issue with PWP failing to respond to two separate, and subsequent, emails asking for the return of these monies?

See those two emails now.

**********

Tuesday, December 4, 2012

7:54AM

Re: 10/1/12 PWP changes REVERSION OF RIGHTS PAYMENT

From: Lal Wynstrom

To: (omitted)@passionatewriterpublishing.com

(name omitted),

Cedric Crawley, former client.  I'm sending this to let you know that as of December 3 I still have not received a refund of the $45 advertising fee I paid to PWP earlier this year.

Can you tell me when this will be processed and how I should expect it?

**********

 Wednesday, December 26, 2012

1:55PM

Fwd: 10/1/12 PWP changes REVERSION OF RIGHTS PAYMENT

From: Lal Wynstrom

To: Passionate Writer Publishing

(name omitted),

It is December 26 as I write this email. I wrote back on December 4 informing you that I have not yet received the $45 refund for the 1-year extended advertising services I paid for before canceling publication with PWP.

Per your email of 10/22/12, you indicated that my refund would be processed in four to six weeks.  It is now NINE weeks beyond that original statement.

Further, my email of 12/4/12 has not been replied to at all.

I ask again in this email: when can I expect to receive back the monies I paid for services not rendered?

Cedric Crawley 

**********

So, we have two additional emails along with the original 10/19/12 email which have requested the return of my $45.

Since I have not heard back from PWP in any way, I've decided to report this company to the Better Business Bureau - a decision I was holding off on enacting because I wanted to give them time to send the money, or, at the least, reply to my emails.

I can now only assume that PWP leadership is choosing to ignore my emails and, thus, my request for refund.

And this gives me cause for further doubt about both this company's integrity and financial stability.

My next action will be to consult with my lawyer again and remind her of what she said: that the $45 may never be returned; that she's seen these kinds of actions before in the publishing world; and that the only recourse I may have to really find out what's going on within Passionate Writer Publishing is to sue the company and initiate a process of discovery by opening their books to the light of full scrutiny.

I now ask PWP: What are you hiding?  And why are you dilatory in returning funds that are not yours?

This saga appears to be ongoing, for now.  If there are further developments I will chronicle them here. 

Until then let's consider this the final blog on this subject.  I'm ready to move back toward the upward reach we at Epoc Enuma SF so eagerly wish to discuss.  And so...

Until next time...

To the upward reach of man!

100 Meters From Shore, Part 2c, Addendum: Tactical Stalls?

On October 3rd, two days after the infamous 10/1/12 email, infuriated, betrayed, and seeking a solution, on the advice of a relative, I contacted my lawyer for a serious consultation.  After sending her every document, every email exchange, and after several lengthy phone conversations over a period of multiple days, I came to a decision regarding my relationship with Passionate Writer Publishing.

But before I go into all of that, let's back up to an observation I did not include in the last blog, an observation - a suspicious question - I had at the time of receiving the following set of emails.


Contrived and/or Useful Opportunities to Delay? 

Recall in part 2c that the format lead claimed that, due to an Act of God which created a server problem, PWP had lost or confused my manuscript.  See the string of emails again.

**********

From: "omitted@passionatewriterpublishing.com" <omitted@passionatewriterpublishing.com>
To: Lal Wynstrom
Sent: Tuesday, August 21, 2012 11:18 AM
Subject: Re: status

Hello,

We had a bad storm a few weeks ago and it affected our servers.

(They) would not have made any changes after the final proofread.

I have a file but because everything was reloaded all the dates are the same. I'm just trying to be thorough and insure I have the most current file. 

(name omitted)
Team Lead
Formatting
Passionate Writer Publishing

--- wynstromword@omitted wrote:

From: Lal Wynstrom <>
To: "<omitted@passionatewriterpublishing.com>" <omitted@passionatewriterpublishing.com>
Subject: Re: status
Date: Tue, 21 Aug 2012 09:57:00 -0600

Server issues? For how long?

I can send that, however, (name omitted) received the last edit back in March. At that time (omitted) indicated that (omitted) do one last proofread. If (omitted) made any last moment corrections I was not privy to them, nor did I receive a copy back.

Thus what I'm saying is that the final version I have is the last version submitted before (omitted) may have made any corrections before forwarding it to you.

Would (omitted) have made any changes at that point without sending me a copy back per chance?

I'll send you what I have regardless.

On Aug 21, 2012, at 8:20 AM, <omitted@passionatewriterpublishing.com> wrote:

Cedric,

Do to some server issues I want to ensure I'm working on the last update file for you. Please email me the final edit you finished. Thanks.

(name omitted)
Team Lead
Formatting
Passionate Writer Publishing

**********

Also recall from 2b that the same format lead claimed that they were working on my manuscript as of August 6, 2012.

**********

Monday, August 6, 2012

7:25 AM

FROM: (omitted)@passionatewriterpublishing.com

TO: wynstromword@(omitted)

Hello,

This is an update to let you know I'm now on your manuscript. I had two very long ones before yours so it put me about a week behind.

(name omitted)
Team Lead
Formatting
Passionate Writer Publishing

**********

This is my observation, and thus the reason for the title of this section:  two weeks prior to August 21 was the week of August 6, the same week the format lead claimed to have started work on my manuscript.  And thus the reason for my question of August 21st: "Server issues?  For how long?"

The question to be judged therefore is this:  If PWP was suffering server problems from at least the week of August 6th - the same week that the format lead claimed to be working on my manuscript - why did it take an additional two weeks after August 6th, until August 21st for them to even notice that they may have been formatting the wrong manuscript?

Was this some form of attempt to stall, hold up the process, and therefore run out the clock until October 1st, or merely incompetence?  I'll let you decide.

Further, when I combine this action with the format lead's sudden departure on 9/6/12 with the Berlin Wall of Silence that took place after September 20th - in which the format lead did not bother to reply to me for 2 weeks until October 1st- a serious veil of doubt drapes itself over this entire sequence of events.

I have re-included graphical timelines 2 and 3 as visual analyses to assist your understanding.



timeline 2





timeline 3



My Contention in Lieu of These Matters...

...Is that PWP had known for some time prior to October 1st that something was in play within their organization.  Something that was going to affect their ability to complete publication of the stories then under contract for release prior to 10/1/12.

Further, I contend that - whether by thoughtful calculation to stall, delay, and ultimately hinder completion and release, or whether by making use of actual unfortunate circumstances that possibly continued to plague them - the leadership of Passionate Writer Publishing deliberately threw up a wall of impenetrability designed to shield the fact that they were not going to finalize my manuscript.

I also contend that PWP leadership instructed their subordinates to become complicit in this reversion of contract. 

I do not assert, however, that those subordinates - in this case, the editors and formatters - actually knew of this intention and thus consciously participated in said enterprise.  However, that those subordinates, in various and different ways, in the end, followed their instructions, to me, is undeniable. 

I believe this was especially true after September 20th when I received no further communication until October 1st.  I also believe that this circumstance did not apply to me specifically (and was therefore not about me alone), but also applied to at least a handful of others whose stories were not complete at the time of PWP's switch from a traditional to a self-publishing company.

I believe, in the end, this was a business decision, not some form of personal or professional vendetta designed to scuttle my manuscript, but, however, that PWP's handling of this whole affair was underhanded, unethical, and demonstrated a serious lack of respect for the authors who trusted them, and the relationships we had built with them.

If PWP cares to ever state otherwise, and to include its perspective and side of this saga, their voices are as free as mine.


In the next part of this marathon monologue I'll include the advice I received from my lawyer, relatives, and friends about this matter.  Hopefully - I know, I know, I keep saying it - we'll square all this up and get on to other, more uplifting things.


Until then...



To the upward reach of man.

100 Meters From Shore, Part 2c: Constant Delays: The Documentary Evidence

In part 2b of this series I ended by questioning if the final two delays were insults.  Indeed they were.  And after you read the email exchanges and my observations and questions concerning them, I think you'll see why and agree. 

So let's get to them.


     Delay 3

On August 21, 2012 I received this email from the PWP lead formatter.  It is cited in a string of emails. 

**********

From: "omitted@passionatewriterpublishing.com" <omitted@passionatewriterpublishing.com>
To: Lal Wynstrom
Sent: Tuesday, August 21, 2012 11:18 AM
Subject: Re: status

Hello,

We had a bad storm a few weeks ago and it affected our servers.

(They) would not have made any changes after the final proofread.

I have a file but because everything was reloaded all the dates are the same. I'm just trying to be thorough and insure I have the most current file. 

(name omitted)
Team Lead
Formatting
Passionate Writer Publishing

--- wynstromword@omitted wrote:

From: Lal Wynstrom <>
To: "<omitted@passionatewriterpublishing.com>" <omitted@passionatewriterpublishing.com>
Subject: Re: status
Date: Tue, 21 Aug 2012 09:57:00 -0600

Server issues? For how long?

I can send that, however, (name omitted) received the last edit back in March. At that time (omitted) indicated that (omitted) do one last proofread. If (omitted) made any last moment corrections I was not privy to them, nor did I receive a copy back.

Thus what I'm saying is that the final version I have is the last version submitted before (omitted) may have made any corrections before forwarding it to you.

Would (omitted) have made any changes at that point without sending me a copy back per chance?

I'll send you what I have regardless.

On Aug 21, 2012, at 8:20 AM, <omitted@passionatewriterpublishing.com> wrote:

Cedric,

Do to some server issues I want to ensure I'm working on the last update file for you. Please email me the final edit you finished. Thanks.

(name omitted)
Team Lead
Formatting
Passionate Writer Publishing

**********

Mind you that when I first got the 8/21 email I thought it was the formatting team sending me my copy of the format so that I could work on it for the following 30 days; I was eager to get to work, make sure it was flawless, and get it back to PWP so that the last leg toward publication could be accomplished.

Nothing was further from that goal.  Instead, I was told that my manuscript may have been lost or confused with another, previous version of the story due to an Act of God!  That is, because a "bad storm" had affected their systems, their files had been reset with the same dates on them.  This server error caused confusion that further delayed progress. 

This delay is not major because of time, but because of its circumstance and what that circumstance may have meant if not swift action on my part had not taken place.  For you see publication could have been delayed by days, weeks, even a month or more if I had not found a reserve copy of the manuscript on my personal computer and resent it that same day.

However, you can imagine how put out I was after months and months of persistent stalls toward the finish line.  I actually began to wonder if PWP was trying to renege on the contract and back out, but make it look as if these matters were just accidents and the regular problems of a publishing house.  I couldn't prove this thought, and after a while, dismissed it.

But let's go on to the next email which represents the final straw that broke the camel's back, as it were.

     Delay 4

**********

Thursday, September 6, 2012

7:38 AM

FROM: omitted@passionatewriterpublishing.com

TO: Lal Wynstrom

Hello,

I'm giving you a heads up. I had to leave my home due to the hurricane. When I came back the bottom level was had been flooded but is draining. There's been a lot of damage. I need to take care of things and will be off for the next 7-10 business days.

(name omitted)
Team Lead
Formatting
Passionate Writer Publishing

**********

OK, so the lead formatter had very bad weather damage to their home due to a hurricane. 

Understandable.

It is also understandable that they would've needed to take time away to handle the matter.  However, to keep things going and on track, my followup question came in the form of this email, which was never answered.

**********

Thursday, September 6, 2012

3:07 PM

FROM: Lal Wynstrom

TO: omitted@passionatewriterpublishing.com

 

Forgot to ask: since you'll be away for the next 10 days, how far along is the formatting at this point?

Also, is it possible for me to get a sample of the formatting? I'd like to get a feel for what I'll be looking at once it's all complete and the whole thing is sent for my review.

**********

I believe this question was never answered because the lead formatter had already departed to take care of the personal matter that required their attention.  So be it.  However, the signature below their emails always said "Team Lead."  Therefore, I got to thinking: since they'll be away for 7-10 days, and since that will further push back publication by another 4-6 weeks, can not other team members work on the story while they're away?

An aside: Why did I say 4-6 weeks?  Because the lead formatter was taking two weeks off.  With their return, another 2 weeks would pass while they worked on the formatting.  Then I'd receive it and look over it for another 30 days as was always given.  After that, another 10-15 days would pass before PWP uploaded the finished story to its various distribution networks. 

So in totality we could've been talking about another month to month and a half before publication.  This meant that an early-mid November 2012 release would have been the agenda at that point.  Waaaaay off the mark of a July or August 2012 release I was earlier told would take place.

However, back to the Format Lead's 2-week hiatus and my manuscript's delay.

In absence of an answer from the format lead, I directed my question to Administration.  This was the answer I received.

**********

Wednesday, September 12, 2012

8:13 AM

 

 

FROM: omitted@passionatewriterpublishing.com

TO: Lal Wynstrom

Cedric,

Sorry for the delay I've been in meetings. By the way this is (name omitted). (Name omitted) has been promoted.

Because (name omitted) had already started formatting prior to being leaving (their) home no one else can touch the file. It would create a mess as it will be hard to tell where (they) left off and what (they) was going back through to update.

(name omitted)

Client Services
www.passionatewriterpublishing.com

**********

So now I would have to wait an additional 2 weeks while the format lead came back.  And while the above explanation seemed reasonable, surely someone could have worked on the story with the format lead's input/direction, told them where the lead had left off so that the other team member(s) could pick up and finish, and then get the final format to me on time.

But no, that was not to be the case!

This explanation was what got me thinking: Was PWP trying to deliberately stall this endeavor for some reason?  I couldn't have fathomed why that would be, especially since so much time, money, and effort had been put into the story at this point. 

So why was all this happening?

But these constant roadblocks to publication had reached a new level, a high watermark that, to me, were unprecedented, making all these actions, when considered as a whole, very suspect.  There had been so many delays for one reason or another that the reasons themselves had become absurd.  And they long ago began to suggest something to me beyond technical problems or Acts of God.

They suggested that something irregular was happening at PWP itself.  And that that something had nothing to do with me alone, but that I was becoming swept up in machinations that were going on behind the scenes, and which PWP did not want to address with its authors. 

That is, they did not want anyone outside of their inner circle to know just how much (how badly) they were being effected by whatever it was.

But what was it? 

    Financial problems?

    Personnel/employee matters?

    Legal concerns?   

It was at this point that I really started to seriously reevaluate my relationship with PWP and thoroughly reconsider the notion of canceling my contract - whatever the consequences to publication - and just moving on.  It was also at this point that I entertained contacting an attorney.  Trust had become an issue, and this whole thing had become absolutely ridiculous.  And I think you can see why.

A story, a manuscript on which we had begun work in earnest back in August 2011, a work that could have been completed in five, six, perhaps eight months at the outset, had now taken well over a year, and was threatening to stretch into a full year and a quarter, or more!

I'd lost all remaining patience.  And with friends, relatives, and acquaintances (many of whom had been kept in the loop, and who were looking forward to a release) all suggesting that something quite fishy was going on, I was becoming quite nervous.  I asked myself frankly: "What in bloody hell is going on?!" but could get no answers.  I therefore had little choice but to wait in angst for the format lead's return.

On September 20, 2012 that return came.  I got this email.

 

**********

Thursday, September 20, 2012

7:03 AM

FROM: omitted@passionatewriterpublishing.com

TO: Lal Wynstrom

Hello,

Today is my first day back. I'm midway through your manuscript.

(name omitted)
Team Lead
Formatting
Passionate Writer Publishing

**********

At last!  Hopes were rising again.  We were finally, FINALLY going to get back on track and get this over with!  I sent a reply email to the format lead that same day.

**********

Thursday, September 20, 2012

10:36 AM

FROM: Lal Wynstrom

TO: omitted@passionatewriterpublishing.com

Welcome back (name omitted).  I hope everything is working out for you on your damaged home.

About when should I look to get the finished format?

**********

This was the final communication I would have with anyone at PWP before the Day of Infamy, the 10/1/12 cancellation email.

The End Dreweth Near

Two weeks of silence passed.  The format lead did not communicate back with me - not on that same day of September 20th, or any other subsequent day after that, until Monday, October 1, 2012.

It was when this Berlin Wall of Silence was thrown up that my heart sank and I knew - I knew - something drastic, monumental even, was about to happen. 

And not for the better.

I waited with concern, consulting my relatives, friends, and trying to figure out what next moves I needed to take.

We are reaching the end of this series of blogs, and I will chronicle those last steps in this (hopefully) final, upcoming blog.

Until then...

To the upward reach of man.

100 Meters From Shore, Part 2b: Constant Delays: The Documentary Evidence

Before proceeding to the final two major delays that scuttled my story's chance at being released before the 10/1/12 email, let's back up for a moment, for there are other emails which support my conclusion that Epoc Enuma, Part 1 could, and indeed, would have been published at least three months before October 1, 2012 had not these ridiculous delays been encountered.

In "100 Meters From Shore, Part 2a," I referenced a string of emails between May 8, 2012 and August 6, 2012.  Two of those were given.  The others are of exchanges between myself and PWP's principal administrative assistant at the time.  I will quote those exchanges now and then comment on their meaning and application to my fundamental conclusion.

Let's start with a succession of emails between myself and the administrative assistant for Passionate Writer Publishing.  I have included this succession starting from the June 13th email.  Its string dates back to emails started June 1, 2012.

**********

Wednesday, June 13, 2012

8:51 AM

FROM: omitted@passionatewriterpublishing.com

TO: Lal Wynstrom



Hello Cedric,

I had to email formatting for an update. There is one manuscript ahead of yours. In order to allow time for you to review the proof the official release date will be pushed out until late Aug. This isn't to say it won't be complete and ready to go prior to.

(name omitted)
Client Services
www.passionatewriterpublishing.com

--- wynstromword@(omitted) wrote:

From: Lal Wynstrom <>
To: "<omitted@passionatewriterpublishing.com>" <omitted@passionatewriterpublishing.com>
Subject: Re: Update
Date: Wed, 13 Jun 2012 07:15:47 -0600

Hi (omitted),

Just a followup on the update question sent last week.  

On Jun 6, 2012, at 7:54 AM, <omitted@passionatewriterpublishing.com> wrote:

Cedric,

We are undergoing a bit of reorganization to streamline the process. I'll have an answer for you by next week.

If you weren't included on the email back in Feb we were affected by the Tornadoes that swept through Indiana. Thus we've been playing catch up.

(name omitted)

Client Services

www.passionatewriterpublishing.com

--- wynstromword@(omitted) wrote:

From: Lal Wynstrom <>

To: "omitted@passionatewriterpublishing.com" <omitted@passionatewriterpublishing.com>

Subject: Fwd: Update

Date: Mon, 4 Jun 2012 16:35:05 -0600

From: Lal Wynstrom <>
Date: June 1, 2012 5:13:49 PM MDT
To: Passionate Writer Publishing <omitted@passionatewriterpublishing.com>
Subject: Update

Hi (omitted),

Ced Crawley, Shroud of Shadows writer here.  Recalling that you informed me that all stories currently up for publication would be out by July this year, I'm just writing to get an update on where I am in the line.

Looking forward to hearing from you and splendid day!

**********

One of the first things to note in this exchange is that there is no denial of my statement that: "you informed me that all stories currently up for publication would be out by July this year."  This statement is significant because it shows that PWP's original plan - or of their administration department's understanding of the plan at least - was to have every manuscript then under publication released by July 2012.

My manuscript fell under that plan, and this further supports my contention that 10/1/12 was unnecessary and should have never applied to me, period.

However, note from the June 13th email that the July plan had been scrapped and substituted for a late August 2012 release, "in order to allow time for you to review the proof," because, "there is one manuscript ahead of yours."

Fine, there's one manuscript ahead of mine.  But now include the statement of this email from PWP administration.

**********

Saturday, July 14, 2012

9:34 PM

 

FROM: (omitted)@passionatewriterpublishing.com

TO: Lal Wynstrom

Hello Cedric,

You should be hearing from formatting soon. The status shows processing. This means they're actually working on your manuscript and you're no longer waiting.

The author copies go out once the title is released.

(name omitted)
Client Services
www.passionatewriterpublishing.com

**********

Now read carefully and note what was said.  "The status shows processing.  This means they're actually working on your manuscript and you're no longer waiting."

Also pay careful attention to the date: Saturday, JULY 14, 2012.

Thus, according to this email, between June 13th and July 14th (or on the day of July 14th if we are to read it literally) my manuscript was now actually being worked on by the formatting department.  Also remember that formatting is the last major stage before publication.  So no further barriers to my story's release would have existed once I had received the formatting, proofread it, made any necessary corrections to formatting oversights, and returned it to the formatting lead within the specified time given.


But Let's Look Deeper 

Was my manuscript actually being worked on in July in preparation for a late August release at any time between June 13 and the approach of August?  Had the formatting team begun to format my story by even the middle or end of July?  I'll let the PWP formatting lead answer that question in their own words.

**********

Monday, August 6, 2012

7:25 AM

FROM: (omitted)@passionatewriterpublishing.com

TO: wynstromword@(omitted)

Hello,

This is an update to let you know I'm now on your manuscript. I had two very long ones before yours so it put me about a week behind.

(name omitted)
Team Lead
Formatting
Passionate Writer Publishing

**********

Huh?!?!  I thought my manuscript was already being worked on for more than three weeks prior to this email!

Obviously not!

"OK, fine," I thought to myself then.  All these delays, lack of communication, run-around trying to get straight answers.  But I was still on course to get my story out.  "I can still work with this company," I thought then, even though plenty, PLENNNTY warning signs were on the wall.  I was also thinking that maybe this was just the way publishing companies work - they take their time, get behind, have issues, but in the end fulfill the obligations they contracted for with an author.

They fulfill their obligations and stated aim to work with a writer to get their dreams accomplished - a published book.

What a pipedream that turned out to be!  But that is a conclusion for the final entry in this series, and I get ahead of myself.

 But hang on!  The worst is yet to come.

In order to allow you time to consider and absorb this addendum to part 2a, we'll end it here and save the final two injustices (insults?) for part 2c.

Until then...

To the upward reach of man.

100 Meters From Shore, Part 2a: Constant Delays: The Documentary Evidence

In this portion of "100 Meters From Shore" we'll look at and detail four major delays that are documented with email evidence.  The way I'm going to do this is by actually citing the emails verbatim with my comments or observations beneath them.  In all truth, I wish to state the unvarnished facts without embellishment.  So quoting the emails, to me, is the best way to accomplish this sense of fairness, whatever it's worth at this point.

 

 

The Graphical Timeline

However, first, let's get familiar with the timeline.  I have decided to include three graphical timelines which show the major events as documented by the email exchanges between myself and PWP.  I believe these visuals will aid the reader's understanding.  First examine these and then we shall come to the email evidence.



Timeline 1



Timeline 2



Timeline 3

Now that you've had a chance to examine the timelines, we will turn our attention next to the first two of four major delays that prevented this manuscript from reaching a conclusive release before the cancellation email of October 1, 2012.


The Email Evidence of Constant Delays

     Delay 1

Let's begin with the first major delay discovered by me via an email to the PWP senior editor in charge of manuscripts, dated Wednesday, January 11, 2012 at 1:13 PM.  Note that I was not informed of this more-than-one-month delay until I inquired as to why it was taking so long to edit my manuscript.  My original email inquiry is included below.  The reply comes at 3:37PM that same day.

**********

Wednesday, January 11, 2012

3:37PM

Hi Cedric,

You manuscript was assigned to one of our editors back on 11/15/2011, however, she fell very ill. I did not receive a notice of this until Friday when I sent an inquiry as to why she had the manuscript for so long. Your manuscript has been reassigned. Our apologies for the delay.

You may just want to let people know you have a book coming for now. I see you are on schedule for your cover design this month. I would wait until you receive it to give people something to look at.

(name omitted)
Senior Editor
Passionate Writer Publishing

--- wynstromword@(omitted) wrote:

From: Lal Wynstrom <>
To: "<omitted@passionatewriterpublishing.com>" <omitted@passionatewriterpublishing.com>
Subject: Re: Shroud of Shadows
Date: Wed, 11 Jan 2012 13:13:57 -0700

Hi (name omitted),

Ced Crawley on this end. Just wondering where I am in the process right now since I sent my reedited critique back to you in October.
 

Also, is there anything I should be doing now to "pre-promote" my story's release?

Good day to you!

**********

  

The timeline shows the original submission of my returned content edit to PWP on 10/31/11. 

Note: For those who do not know the difference between a content editor and a copy editor, the difference is simple.  A content editor looks for consistency in the story - plot holes, need for clarification, consistency of the story, etc.  A copy editor checks more for grammatical errors - commas, periods, sentence structure, and the like.

So, my story had already gone through a content edit at the point of the January 11, 2012 email above.  That critique (the content edit) was returned to me via email on September 27, 2011.  As stated above, I returned that critique, with recommended changes and more, on October 31, 2011, within the allotted timeframe given by the PWP senior editor.  Sixteen days later (November 15, 2011), my story was assigned to a copy editor who fell "very ill" but failed to inform anyone of their health issue until more than 1.5 months later.  I was not informed of this matter at all until I asked about it on January 11, 2012. 

This not only points to a communication problem between author and company (which I noted again and again with PWP, and was my first complaint) but also to the fact that there seemed to be a communication gap between the assigned editor and the senior lead editor.

While I do not fault anyone for becoming sick, it was odd to me that no one at PWP bothered to inquire of the assigned editor why they failed to report in until more than a month after they were given a manuscript to edit. 

It was also disconcerting to find that PWP failed to inform the author of this matter of their own initiative, keeping the author in the loop as they should have.  Instead, the author had to engage in a process of "discovery" to find out what was going on, of his own volition, after hearing nothing for more than 2.5 months after turning in a critique he was sent back in September 2011, and returned, on time, in October 2011.

     Delay 2



The second major delay constitutes a succession of emails over a period of almost three months.  Let's begin with this one from the PWP formatting lead dated Monday, August 6, 2012 at 7:25AM.

********** 

Monday, August 6, 2012

7:25AM



Hello,

This is an update to let you know I'm now on your manuscript. I had two very long ones before yours so it put me about a week behind.

(name omitted)

Team Lead
Formatting
Passionate Writer Publishing

********** 

Why is this email significant?  Because (as you see from Timeline 1) my copy edit was returned to PWP on March 22, 2012.  This was the last major step before the formatting stage.  Also, note again from Timeline 1 that nearly two additional months pass before I am informed of what's going on by PWP on May 8, 2012.  And also note, once again, that it is my own volition to inquire what's going on.  PWP does not take the necessary time (or concern) to inform me of what's happening or where I am in the process.

For greater clarity with regards to the succession of emails that leads to the reasoning I've articulated concerning the above email from Formatting, see this string of exchanges between myself and the PWP senior editor dated Tuesday, May 8, 2012 at 1:28PM.

 

********** 

Tuesday, May 8, 2012

1:28 PM

 

Cedric,

You manuscript has been passed along to formatting. (PWP Formatting Lead, actual name omitted) will contact you once (their) team is on yours.

(name omitted)

Senior Editor
Passionate Writer Publishing

--- wynstromword@(omitted) wrote:

From: Lal Wynstrom <omitted>
To: "omitted@passionatewriterpublishing.com" <omitted@passionatewriterpublishing.com>
Subject: Re: Shroud of Shadows
Date: Tue, 8 May 2012 12:24:48 -0700 (PDT)
 

Hello (name omitted),

 

Just getting an update on where the story is in the finalization processes and when I'll be contacted about any additional details needed.

 

Good day to you and all at PWP!

 

Ced Crawley

 

********** 

Note the date of this email (May 8, 2012) and the date that Formatting finally says they are proceeding with my manuscript (August 6, 2012).  Nearly THREE additional months pass before my manuscript is even being worked on!  The question is: WHY?  A further question is: why was I not informed of the situation until (again) I asked about it?  A final, and very important question is: what was causing a near 3-month delay in getting my manuscript to the formatter's desk?

Were there other manuscripts being worked on concurrently with mine?  Was my manuscript set aside in order to give priority to another, perhaps more important manuscript?

These are speculative questions given rise to because of observations made by this author after visits to PWP's website over the course of these events.  However, the above questions are unproveable and so will remain unarticulated on.

Conclusions at This Point

Not only do all of these emails point to a lack of communication - a fact that persisted throughout my association with PWP - but they also point to the fact that the October 1, 2012 cancellation email did not, ever, need to apply to my manuscript, at all, and only became relevant to my manuscript because of issues caused by Passionate Writer Publishing's delays, errors, and/or ineptitude. 

Yet there is more evidence of my reasons for saying these things, and of my grievance with PWP.  We will examine two additional major delays, and their supporting evidences, in the next followup to this report.

Until then...

To the upward reach of man.

100 Meters From Shore, Part 1: From Acceptance to Cancellation

The title of this composition does not entirely reveal its purpose.  But it will, I hope, become clear as we venture further into explaining what happened to my book's publication as of October 1, 2012.

As stated in the blog, "So What Happened?" I intend to tell you what took place between myself and my former publishing company, Passionate Writer Publishing out of Indianapolis, IN.  Some ground rules first.  I will not engage in innuendo, but stick to the facts as I can prove them.  This will include the use of emails in defense of my case.  I will not directly name the names of employees of Passionate Writer Publishing (PWP), but will omit them or use aliases in their place.  I will not use personal pronouns such as he, she, her, him, etc, because that, too, will erase potential anonymity which I am trying to preserve.

I will engage in speculation from time to time, but will do so under the rubric that the evidence - emails and other information - I use to do so, bolsters (if not proves) my speculation to be accurate, if not 100% correct.

I will vent my feelings in the course of this examination, for I do indeed feel betrayed after more than 1.25 year's work with PWP to bring this story to fruition and to market.

So let's begin.  I've a lot to say, and I hope that in this process I'll be able to present it to you in a logical and correct perspective.


Dead-Stop Cancellation

The place to begin this odyssey therefore is with the email of 10/1/12, which follows below. 

********************************

Monday, October 1, 2012 6:44 AM

 



Per our Director please see below...

In light of recent publishing industry changes Passionate Writer Publishing (PWP and all subsidiaries) will no longer function as a traditional publisher. As of October 1^st, 2012 PWP will operate as a self-publishing company.

 

Throughout this year we’ve tried our best to maintain our high standard of publishing, however with less than 1% of our authors marketing/promoting their titles it’s all for nothing. As a publisher we spend out $1000’s to take a book from manuscript to print while our authors fail to spend $20 in an effort to promote their own work.

 

For all titles in any stage of the publishing process who have not completed the publishing process this will serve as your reversion of rights. For all titles which have completed the process this is non-applicable and will remain bound by their contract with PWP.

 

Reversion of Rights returns the right of materials provided to PWP to the author and excludes any work completed by PWP to include but not limited to: editing, formatting, and cover design. Pursuant to section 21 of PWP’s publishing contracts authors are allowed up to 30 days to pay for work completed by PWP. As a courtesy the amount will be set at $199 across the board. Anything after the 30 day period will fall under our regular self-publishing rates.

 

 

Any authors found using works completed by PWP without paying the amount set forth will be in violation and be prosecuted to the fullest extent of the law. Pursuant to section 24 this agreement shall be governed and construed in accordance with the laws of the State of Indiana. This clause shall survive the termination of this agreement.

 

In an effort to maintain author integrity we will consistently peruse bookseller/distributor sites to ensure the above mentioned is adhered to. Any works found in violation will be investigated and notification will be sent to the bookseller in question while our legal team will handle matters with the author.

 

For reversion of rights payments for works completed by PWP please use this link for processing: http://passionatewriterpublishing.com/invoicedservices.htm.

 

 

Also, effective immediately are policy changes to events. Authors must pay for their space to vend at events. We will no longer hold spaces for authors unless payments have been made. This is due to several authors backing out at the last minute.

Sincerely (name omitted)

Director

Passionate Writer Publishing

(name omitted)
Team Lead
Formatting
Passionate Writer Publishing

 

********************************

 

 

Now then, several things come to light with this email.  One of the things I noted at once was that it came from the formatting lead (the individual working on my manuscript, and the stage it was in at the time) and not from the director of PWP themself.  Nothing was addressed on official PWP letterhead, nor even sent from the personal and official email address of the D/PWP. 

 

Secondly, the date of this email.  It came to me on the very same day of its enactment, giving me no time to react or protest, for the decision had already been made, and accomplished.  My only reaction therefore could have been to accept the conclusion and then wonder what happened, and why.

 

Third, and perhaps first in order of importance, is that this email's declaration obviously included my manuscript.  The reason it did so was because the formatting lead had not yet finished formatting my story when this apparent order came down for them to stop.

 

Fourth, note from the email that the D/PWP states that PWP will function as a self-publishing company due to various issues that have arisen over the course of the last business year, 2011-2012.  See paragraphs 1 and 2.

 

Fifth, note the Reversion of Rights notification in paragraph 4 and the subsequent demand of a $199 payment in the same paragraph.

 

Sixth, note the notification of legal action against those found violating the Reversion of Rights terms of paragraph 5 and the author contract referenced in that same paragraph.  Also note the notice of subsequent legal action included in paragraphs 5 & 6 as a whole.

 

 

How Did This Make Me Feel?

 

Well you can probably guess.  Like the rug had been pulled out from under my feet!  After signing a contract with PWP on 7/3/11, and working patiently, diligently, and with much toil, with them to get this manuscript polished, re-polished, and perfected, essentially less than a month from a release date, everything is exploded in my face!  Or, to use the metaphorical title I mentioned above - with the ship less than a 100 meters from shore, PWP cancels the original 7/3/11 contract, and turns the vessel around to head back to the original port of call.  Did I find this outrageous?

 

You bet I did!

 

And for more than just the 10/1/12 email's "explanations" of why it was happening, or even the fact that I and this company had been engaged in more than a year's worth of work to get it done.  The next place, then, to examine this matter is the constant string of delays toward publication and release encountered over the last year.  I will detail those in part 2 of this blog.

 

Until then...

To the upward reach of man.