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.
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
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
- 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)
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)
**********
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
- 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!
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