Red Rose Publishing Sends Legal Letter; Does Not Want Publicity
We are writing in regard to recent statements which you have made concerning Red Rose Publishing on an internet blog entitled “Dear Author.” Your blog entry of September 2, 2010 and the statements contained therein are false and misleading and have damaged the reputation of Red Rose Publishing. We hereby request that you remove the blog posting entitled “Red Rose Publishing Having Problems Internally?” and all related threads and/or comments, and that you refrain from future posts regarding Red Rose Publishing.
This letter is not submitted to you for publication and we do not want the same published nor the matter to receive any further attention. Thank you for your prompt attention to this matter. Please contact our office if you have any questions.
Thank you for your letter regarding my blog post titled “Red Rose Publishing Having Problems Internally?“. Before I can take any action, I will need for you to please articulate the legal basis for your letter.
In the interest of fair use, I suppose I have to make some commentary on the above posted letter. There is no identification of which statements are false, misleading and damaging and how they are false, misleading and damaging. The implication is that the statements in the blog post that I made are defamatory which is why the “false” part of the accusation is so important. Truth is always a defense to defamation.
Statement 1: Red Rose Publishing is having some issues conducting its regular business activities. TRUE: See Wendi Felter, Owner of RRP’s, email in which she admits that “Yeah, I am behind getting out the statements to those who have not sold $20 because I have been dealing with some serious family issues and for that I am sorry. “
Statement 2: Authors are reportedly not getting their work published within a specified time.
TRUE: From Piers Anthony site: “An author suffered bad editing by an editor who then disappeared without notice. A new editor had problems with both the manuscript and the prior editing, then claimed that requested changes had not been made, when they had been made. That editor, too moved on. In the end, correspondence about the manuscript was ignored, and the book was not published. Finally giving up, the author asked for reversion-‘and was threatened with contractual breach.”
Statement 3: If rights are requested to be reverted because of this breach, the publisher is reportedly sending the authors bills for cover art and editing for those books. TRUE: Both Piers Anthony and Erecsite has warnings based on author statements that there are reports of fees. Someone at Absolute Write posted the terms of the kill fee.
Statement 4: Notices of editors and cover artists that they are quitting are reportedly being ignored. TRUE: See infra Piers Anthony “But some artists have not received statements or checks, with little or no response to queries, and there are reports of retaliation.”
Statement 5: Statements were not being sent out and emails to the publisher went unanswered. TRUE: Wendi Felter, Owner of RRP, in her email stated: “Yeah, I am behind getting out the statements to those who have not sold $20 because I have been dealing with some serious family issues and for that I am sorry. I apologize for having some serious family issues going on with me.”
Statement 6: A few authors at Red Rose Publishing, unhappy with non payment, posted their complaints to the readers loop. TRUE: Wendi Felter, Owner of RRP, in her email stated. “This is not intended for the authors who did not go in the readers loop to whine and complain!” and “I can not believe that someone would feel that they had to take this to the readers loop, not the authors loop or address this to me, so that tells me either #1- you had no idea, #2- you are out to do the company and your fellow authors problems or #3- You do not care about Red Rose Publishing, your books, sales or the reputation of the company!”
Additionally, there are the email posts on the RRP Yahoo group readers list.
The second part that Wendi Felter and RRP would have to prove is damages. In other words, she would have to prove that my statements were not only false, but also damaging to RRP’s business reputation. Given that RRP has been the subject of scrutiny at other sites like Piers Anthony, Preditors & Editors, and Erecsite, it is hard to see how my blog post has further damaged the reputation of this publisher.