The schedules of contracts for sale that was issued by the bankruptcy court included contracts that were concluded (rights returned to authors) long ago and omitted contracts that were with Triskelion at the time of its bankruptcy filing.

This week the court issued a new list of expired and returned contracts but the wrongfully omitted contracts still were not included. This leaves authors in limbo if a sale goes through on the 15th. The bankruptcy filings are public information and anyone can see if she is included in the list of contracts for sale.

The authors have requested that the court release all of the contracts that were held by Triskelion after the sale whether formally mentioned but there is no response from court on that issue.

Related posts:

1. Triskelion Update: RWA Responds to Triskelion Closing
2. RWA Offered to Bid on Triskelion Assets
3. Loose ID Bids on Triskelion Assets in Bankruptcy

Also Siren Publishing is bidding on the Trisk assets with a promise to return all rights unencumbered.

Related posts:

1. Loose ID Bids on Triskelion Assets in Bankruptcy
2. Triskelion Publishing Closes Its Doors
3. Author’s Rights When a Publisher Files Bankruptcy

The Triskelion authors rejected this, apparently believing that the Loose Id bid is in their best interests.

I did see that there are some authors making the argument that the contracts are not the property of the estate and so it will be very interesting to see what the ruling will be on that issue.

The auction is currently slated for November 15, 2007, but I am not sure how the auction can take place when there is a challenge as to exactly what the Trustee is entitled to auction off.

Related posts:

1. Loose ID Bids on Triskelion Assets in Bankruptcy
2. Triskelion Update: RWA Responds to Triskelion Closing
3. Triskelion Bankruptcy Update: Schedule of Assets and Liabilities Filed

Last week, the week of October 8, 2007, Loose ID made a bid for the contractual assets of Triskelion Publishing. This is a brilliant public relations move by Loose ID as e authors on various message boards are already treating this as a gift. The press release by Loose ID states that there is a fourfold purpose in its bid:

Loose Id’s intentions in bidding on the contracts are fourfold: (1) to facilitate the unencumbered acquisition of works offered to the company by former Triskelion authors; (2) to assist authors in securing release or reversion of rights to their work; (3) to potentially acquire and re-publish top flight manuscripts that match Loose Id’s publishing guidelines; and (4) to reassure authors pursuing e-publishing careers of the sound business practices and corporate ethics of reputable e-publishers.

Essentially, Loose ID is going to bid on the entirety of the contractual assets with the intent of acquiring the ones that make money and releasing the ones that don’t (i.e., the ones that couldn’t generate even $25 in royalties). The bid that Loose ID has made is $1500.00 for the entirety of the contracts. If Loose ID wins the bid, it stands in the shoes of Triskelion Publishing in that it becomes the publisher in the contracts and all the contract terms remain the same. Loose ID appears to be a good publisher so that it may not matter to the author that the publisher is will be Loose ID and not Triskelion.

I do wonder what that means for Loose ID’s slush pile. Having to slog through all the contracts for books held by Triskelion and decide what to keep and what to discard will take some time.

A winning bid by Loose ID does not mean, however, that every author is going to get her rights back. If authors banded together and made a higher bid, i.e., if every Triskelion author ponied up $10 or maybe $20, they could bid for the rights as a group, obtain the rights to their books, and then re-sell those rights. The Trustee is likely to take the highest bid, regardless of who is making the bid.

Trustee’s Plan to Sell

The Trustee plans to auction all assets, including the executory contracts, off to the highest bidder, the auction taking place on November 15, 2007, at 10:00 am., at the offices of Lane & Nach, P.C., 2025 N. Third Street, Suite 157, Phoenix, AZ 85004.

Objections to the plan to sell can be made two ways:

• (a) mail or hand-delivery to 230 North First Avenue, Suite 101, Phoenix, AZ 85003-1706; or
  (b) electronically at the Court's website: ecf.azb.uscourts.gov using the Court's electronic filing procedures

The hearing regarding the Trustee’s plan to sell off the assets will be held at the U.S. Bankruptcy Court, 230 North First Avenue, Courtroom 703, Phoenix, AZ, on October 18, 2007, at the hour of 10:00 a.m. Many times, participants can attend hearings by telephone if arrangements are made ahead of time.

The Trustee’s bidding and sale procedures are as follows:

• A two hundred dollar ($200.00) cash deposit (refundable) will be required from bidders at the time of auction.
• Final payment shall be made by cash or cashier’s check and delivered at the auction.
• Bids may be made in increments of one hundred dollars ($100.00).
• The Auctioneer and Trustee reserve the right to sell the Assets in bulk or separately depending on which the sale procedure maximizes the value to the estate.
• All sales are subject to sales tax unless the property being sold is tax-exempt or a resale number is used as proof of exemption.

Related posts:

1. Triskelion Bankruptcy Update: Schedule of Assets and Liabilities Filed
2. Triskelion Bankruptcy Update: Contract Clause
3. Triskelion Publishing Closes Its Doors

One thing that occurs to me is that if there was mingling of funds between the personal accounts of the Studts and the corporation, it might be that the corporation is an alter ego and thus the Studts might be personally responsible for those debts.

***

The Arizona Republic reported on the Triskelion bankrupcty on August 17, 2007. While most of the article is a rehash of things that we have already covered here at Dear Author, there are a few details that might be of some interest. Kristi Studts, the owner, lauched Triskelion Enterprises in 2004. She lives in Surprise, Arizona. At one time Triskelion had "a stable of nearly 100 international authors." The Trisk Bankruptcy Trustee notes that the financial decline began when Triskelion attempted to make the move from ebook publisher to print publisher with authors’ royalty payments bouncing or failing to arrive in April. (The reporter calls these ‘paychecks’ but because the author/publisher relationship isn’t a employee/employer relationship, I think the paycheck term is inaccurate).

I looked up the bankruptcy documents via PACER. (Anyone can apply and the cost is $0.08 per page.). Interestingly, the debtor listed is not Kristi Studts, but Ronald Studts who is/was president of Triskelion. The petition was filed on July 9, 2007 and assigned case no. 07-03208.

Only about 5 authors have filed a notice of claim, albeit inaccurately.

The schedule of Assets and Liabilities was filed on July 20, 2007. The assets include accounts receivables in the amount of $47,717.68 with $30,000.00 of that being money ostensibly owed by Borders. I’m not sure whether this is anticipated profits or whether this is credit that is charged on the Borders account against returns.

The liabilities include $80,306.73 in bank debt (line of credit or credit card). Only seven (7) authors were identified as being owed a specific sum of money (probably bounced royalty payments or unpaid royalty payments) for a total of $844.46. This was far less than what I thought it would be. Ronald Studts claims that he is owed $18,000.00 for a loan paid to the corporation. Another large creditor is Edward Brothers who is owed $18,634.00. Edward Brothers is likely the company that was printing Triskelion’s books. The total amount of liabilities is $133,395.79.

Other points of interest:

• Kristi Studts withdrew a total of $48,577.05 from 7/3/2006 to 5/29/2007.
• The gross income Triskelion made while in business was $55,125.00 in 2005, $310,323.74 in 2006, and $20,457.00 in 2007.
• An auctioneer has been hired to "appraise, assemble, and store the property of the estate for safekeeping and to conduct a liquidation of such property" which suggests that they plan to sell, at the least, the inventory of books
• Sept. 4, when a meeting of Triskelion’s creditors will take place.

I’m not going to reiterate that it is important to know your rights (okay, I am reiterating it but author pleas for the judge to “do the right thing” don’t actually work unless the “right thing” is actually supportable by the law), but you can read our Dear Author bankruptcy primer here.

Clearly, I am in the wrong business. I should be an epublisher. Triskelion made $300k+ with poor editing and an even worse website. Imagine what a decent web designer and someone with an English degree could do.

Related posts:

1. Triskelion Bankruptcy Update: Contract Clause
2. Triskelion Update: RWA Responds to Triskelion Closing
3. Triskelion Update: Gail Northman Resigns

When Triskelion announcement that it would be closing its doors and filing bankruptcy, the issue of authorial rights arose. I did a little primer on copyright law a couple of weeks ago as it related to Simon & Schuster’s rights grab. For ease of reading, I’ll include the pertinent parts here.

Brief summary of copyright protection:

When an artist creates a work of art, this art has a copyright. The copyright is a form of protection that is granted by the U.S. Congress. Essentially, the writer of a book has the right to

• reproduce the work (make a copy)
• prepare derivative works (i.e., a series of books like the Black Dagger Brotherhood series or Eve Dallas series)
• distribute copies to the public by sale or other transfer of ownership, by rental, lease or lending; (sell print rights)
• perform the work (i.e., sell the rights to have a movie or tv show based on it);

Essentially an author engages in a sale of intellectual property which are known as the rights of distribution. The question presented is whether an author’s rights to her copyrighted work (her book) reverts to her upon the filing of bankruptcy.

Background of Bankruptcy Proceeding
The goal of bankruptcy is to allow the debtor to have a fresh start, unencumbered by debts. Understanding the goal of bankruptcy is important because that is how bankruptcy judges interpret the bankruptcy code and apply it to each legal and factual question that is put before them. A Chapter 7 Bankruptcy is a liquidation of assets. A Chapter 11 Bankruptcy is a reorganization. These are the most often referred to bankruptcies although there are technically six different kinds. Each bankruptcy is known by the chapter it occupies in Title 11 of United States Code – the laws that govern the federal bankruptcy system.

An uncomplicated personal Chapter 7 bankruptcy can be opened and closed in 4 months. A more complicated one will take more time. Essentially, a debtor files for bankruptcy and is required to file the following items:

1. schedules of assets and liabilities;
2. a schedule of current income and expenditures;
3. a statement of financial affairs;
4. a schedule of executory contracts and unexpired leases; and
5. tax returns.

Fed. R. Bankr. P. 1007(b). The above information will include a list of all creditors and the source of all income. Once the petition is filed, all attempts at collection of a debt owed must stop. This is called a “stay.” A creditor cannot initiate or continue lawsuits, telephone calls or even emails that attempt recover a debt such unpaid royalties. If a creditor does not obey the “stay”, the creditor can be held in contempt which might be a fine or even jail time.

A trustee is assigned. Within a couple months of the filing, there is a meeting of the creditors. This is open to the public and held in one of the bankruptcy rooms (generally not a courtroom). The debtor is put under oath and both the trustee and the creditor may ask questions. Generally there are many debtors present. Each one is called up, placed under oath, asked questions and then dismissed. The trustee then gathers up all the assets, liquidates them and determines a discharge plan. The discharge plan repays creditors according to security interest. Those creditors who have a security interest get paid first and then the unsecured creditors follow, in order of priority. If there are no objections to discharge, the case is closed. Once the debts are discharged, any attempt to recover that debt is viewed unfavorably and the creditor can be held in contempt of court (not a good thing).

In many cases, however, there is litigation involved objections to discharge. This is called an Adversary Complaint or Proceeding. It costs $250.00 to file an adversary complaint. Soon after the bankruptcy is filed, a notice is sent to creditors via either mail or electronically, indicating the intent to discharge debts and then giving a deadline by which a creditor can file an objection or complaint. Deadlines in court are hard and fast (generally) and must be met or you can lose your rights entirely. There is one other proceeding for a creditor to take and that is a Relief from Stay. Essentially, the creditor is saying to the trustee and the court that the debt owed is of such a nature that Stay does not apply. It costs $150.00 to file a Motion for Relief from Stay.

Ipso Facto Clauses.

Someone emailed me the following clause that was in one of the Triskelion contracts.

If the Publisher is adjudicated as bankrupt or liquidates its business, this agreement shall thereupon terminate, and all rights granted to the Publisher shall automatically revert to the Author.

Upon such termination, the Author, at his or her option, may purchase any remaining book stock for any print edition (not including electronic downloads or print on demand editions) for one-half of their manufacturing costs. The Author must exercise this option within sixty (60) days of notice by the Publisher

This is known as an Ipso Facto clause and generally held to be invalid by 11 U.S.C.  §541(c)(1)(B) and  §351(e) . In some situations, depending on whether the creditor has an executory contract, these clauses can be upheld but, for the most part, these clauses have no teeth in a bankruptcy case. See, e.g. In re Southern Pacific Funding Corp., 268 F.3d 712, 716 (9th Cir. 2001).

Executory Contracts

An executory contract is one where both sides still have to do something. I.e., in a writing situation, if an author “sold” her story to a publisher and has yet to write the book and the publisher has yet to pay an advance, there are still parts of the signed contract that needs to be executed or accomplished. This is known as the Countryman test (based upon a Professor Countryman who first articulated the test). The 9th Circuit (which is the Appellate court that governs the US Bankruptcy court in Arizona) still follows the Countryman test. See In re Robert L. Helms Construction & Development Co., Inc., 139 F.3d 702 (9th Cir. 1998) (quoting the Countryman test with approval).

In 1992, the Bankruptcy Court in the Southern District of New York rejected the Countryman test and determined that a contract would be deemed executory if the debtor had any obligations to fulfill, such as the payment of royalties. Cohen v. Drexel Burnham Lambert Group, Inc. (In re Drexel Burnham Lambert Group, Inc.), 138 B.R. 687, 708 (Bankr. S.D.N.Y. 1992). While some Intellectual Property (IP) attorneys believed that this should be the standard, Drexel has not been widely adopted. See Moore, Entertainment Bankruptcies: The Copyright Act Meets The Bankruptcy Code, 48 Bus. Lawyer 567, 583 (1993).

A contract is not considered to be executory if the author has completed the book (fulfilled her side of the bargain) but is due royalties (the publisher’s side of the bargain). There are two cases which address the nature of an author’s contract with a publisher and both cases say that the contract is not an executory one. In re Stein & Day, Inc., 81 B.R. 263 (Bankr. S.D.N.Y. 1988) and In re Learning Publications, Inc., 94 B.R. 763 (Bankr. M.D. Fla. 1988).

Why is this distinction important? Because section 365(e) says that in the case of executory contracts, a debtor might not actually be in possession of those rights and therefore cannot assign or sell them to someone else. Further, the author can force the debtor to assume or reject a contract. If the debtor assumes it, it must cure all past defaults (pay past unpaid royalties) and prove that it can fulfill future obligations. If the contract is rejected, the author can take her rights and go away. It is also possible, under some provisions of section 365(e), that you could prove that the contract is not assumable and thus the debtor must reject the contract and the author can take her rights and go away.

If the contract is non executory, then you turn to the copyright law which says that a transfer of rights cannot be done without the permission of the licensor (the author). The problem is if the contract contains permission for the publisher to resell those rights, then the author has given permission already and therefore the rights are those to dispose of by the bankruptcy trustee.

The law also provides that the trustee can go back and reclaim transfers (reversion of rights) which were done within 90 days and during a time of insolvency. Or another creditor can apply to have the pre-petition transfer negated.

The question of whether authors could band together is a sticky one because each author has a different interest and could be in direct conflict with another author. I.e., an author who received her rights back 6 months ago but hasn’t been paid royalties for six months might rather see all the contracts assumed and sold so that there was money in the estate. Her interests would be in direct conflict with another author who hasn’t got her rights back yet.

Some links of interest:

The US Bankruptcy Court for the District of Arizona has a proof of claim form online that can be filled out by anyone who is owed money by the debtor. This claim form is one that you can fill out online and then print off and fax to the clerk of court at (602) 682-4004.

• The United States Bankrupcty Court for the District of Arizona
• Pro Se Handout for Adversary Complaints
• Motion for Relief from Automatic Stay
• Proof of claim form which can be faxed to 602-682-4004.
• Help line: 602-682-4900

The Arizona court system has always been light years ahead of its sister courts in terms of technology (they have kiosk divorces). There is alot of information on the site that can be helpful in filling out forms and securing one’s position as a creditor in the bankruptcy.

Conclusion.

Finally, let me end with the a note of caution. I read on Angela James’ blog that some Triskelion authors were debating online as to whether they could repackage their work (ie. changing the name) and resell to a different epublisher. Without a clear conclusion as to whether the authors actually have the distribution rights to their work back from Triskelion, any action like that could be viewed as contempt (fine or jail) or fraud (big money damages). I think the author has to ask herself whether she wants to be responsible for possibly embroiling the new publisher in an expensive suit in bankruptcy or whether she wants to gain a reputation for deviousness. That can’t be good for business.

I think an author has three options. She can hire an attorney to explore various ideas such as pursuing the claim that the author’s contract is executory in nature. If the author cannot afford a lawyer, then she can contact the clerk of court for assistance. It might be that an author may decide that the time and expensive to recover her rights aren’t worth it.

I know this all sucks and I hope I don’t sound cold hearted when you read this. That’s not my intention (although if you get to know me, you’ll know that I am a just the facts kind of person). I just know that the legal system is confusing and complicated and I hoped to shed some light on a topic that seems of importance to the romance community. My best to all of you authors in pursuing your dreams.

Related posts:

1. Triskelion Bankruptcy Update: Contract Clause
2. Book distribution company (AMS) files for bankruptcy. Losses huge.
3. Triskelion Publishing Closes Its Doors

RWA contacted its attorneys on behalf of authors who are under contract with Triskelion. After reviewing a sample contract that Triskelion submitted with its application for RWA recognition, the attorney advised that the best options with respect to the Triskelion contract are:

i) Authors whose books have not been published should send a notice that the contract is being terminated based on Article III, section L that voids the Agreement if Triskelion has not published and made available for sale the manuscript within sixty (60) days of the agreed-upon release date, which is in Article III, Section A;

ii) Authors who have not received advances that are set out on the contract should send notice as specified in Article VI, Section B that addresses breaches of contract. Authors should state that the Contract will be terminated in 30 days unless the breach is cured;

iii) Other authors should send notice to request Triskelion to release them in writing from the Agreement.

Correspondence should be sent immediately by certified mail or other receipted delivery service. Authors need to be aware that even if Triskelion grants the termination of the Agreement, such action may be voided by a court-appointed trustee if the publisher files for bankruptcy.

RWA Board of Directors

Thanks to Vanessa Jaye who posted this in the comments section.

Related posts:

1. Triskelion Update: Gail Northman Responds
2. Triskelion Bankruptcy Update: Contract Clause
3. Triskelion Update: Gail Northman Resigns

Edited to add: The following contract clause is known as an ipso facto clause and generally held to be invalid by bankruptcy courts.

I was provided this and wanted to share it with the authors. This should be in your contract. Utilize it to protect your rights. Please note that this is no guarantee of a reversion of rights but if you don’t take action now, you might be in worse shape. I would not only send an email but a certified letter showing proof of mailing. Always keep a copy for your records.

If the Publisher is adjudicated as bankrupt or liquidates its business, this agreement shall thereupon terminate, and all rights granted to the Publisher shall automatically revert to the Author.

Upon such termination, the Author, at his or her option, may purchase any remaining book stock for any print edition (not including electronic downloads or print on demand editions) for one-half of their manufacturing costs. The Author must exercise this option within sixty (60) days of notice by the Publisher.

I would think that authors would want to send notice to Kristi now before Triskelion files for bankruptcy on July 2nd. Further, authors may want to advise your readers to stop buying the books at Triskelion since any money Triskelion now intakes will be distributed by the trustee and the authors are not likely to see that profit.

Also, if authors do decide to obtain a lawyer, I would do so as a group. The costs could probably be defrayed since all the authors have the same contract and thus the same legal issues. More information to come later.

Related posts:

1. Triskelion Update: Gail Northman Resigns
2. Triskelion Update: Two Sides of the Coin
3. Triskelion Update: Gail Northman Responds

On the heels of its RWA dis-invitation; complaints of unpaid royalties; and the resignation of Gail Northman, Triskelion Publishing is closing its doors. From a source, it appears that Triskelion will be filing Chapter 7 Bankruptcy which is a liquidation of assets rather than a Chapter 11 or 13 which is a re-organization.

The rights that Triskelion owns, depending the contract, may be sold to benefit the creditors, which can be an author who hasn’t received royalty payments to the internet service provider to the web developer to the printer.

Edited to Add: I had received some emails about what exactly bankruptcy means and while I have a little knowledge, if you are an author and desire to make a claim, I would seek the counsel of a lawyer who specializes in bankruptcy law.

When a corporation files Chapter 7 bankruptcy, it is saying that it cannot continue as a going concern because of its debt to asset/income ratio and because it is not desirous of being a going concern. Once the bankruptcy is filed, a “trustee” is appointed by the State or Federal court. This trustee is responsible for gathering the assets of the corporation or the “estate”. Assets includes all the property, whether real or intellectual, that the corporation owns. These assets are held by the trustee until s/he determines how the funds of the assets are distributed.

Debtors are paid according to priority. Secured creditors have first priority. An example of a secured creditor is the mortgage lender. The mortgage lender loans money and takes a “security interest” in your home. Automobile lenders are also secured lenders. Unsecured lenders would be credit card companies.

Assets that are disposed of prior to the filing of the bankruptcy can be challenged by a creditor. For example, if Marie Treanor’s rights were sold to Ellora’s Cave while Triskelion knew it would be filing bankruptcy, any creditor would have the right to challenge that sale. To engage in pre-bankruptcy transfer of assets could endanger Triskelion’s ability to discharge its debts.

Discharge of the debts is the ultimate goal. Most times, in a bankrupcty, most debts are discharged and the creditors receive only pennies to the dollar of what was originally owed to them. As one of the commenters said, bankruptcy really doesn’t do anyone any good. I hope this clears some of questions up. If you have others, please don’t hesitate to post them.

Related posts:

1. Triskelion Update: Gail Northman Resigns
2. Triskelion Disinvited to RWA
3. Triskelion Update: Two Sides of the Coin

Related posts:

1. Triskelion Update: Gail Northman Responds
2. Triskelion Update: Two Sides of the Coin
3. Triskelion Disinvited to RWA

Bit of background information here. I’ve been with Triskelion Publishing since it opened its doors. I’ve grown with the company, and during that time I’ve received promotion several times. As of June 1st I will be Triskelion Publishing’s Publisher. The present publisher is stepping down in pursuit of her own writing career which has taken off and I wish her much success.

As you are no doubt aware, we’ve had several disgruntled authors, which have chosen to not only go to the RWA but also various online forums. In some respects I understand the reason behind the RWA after all that is what they are there for however, what I don’t like seeing is dirty laundry aired in public (British saying). However, the very nature of the beast means that we are damned if we do and damned if we don't.

First off it is in my opinion that way too many authors don’t read their contracts or neither understand them, nor do they obtain advice from a literary attorney so – then they complain and get angry when contracts are quoted (This I might add I can fully understand why large companies use Agented solicitations only) makes life much easier. However, not everyone is like that. And some will ask sensible questions and they’ll get answers. No one is forced to sign a contract.

Next what has happened – emails get forwarded and passed on rather like Chinese whispers before you know it the story is completely changed and bears little resemblance to the original.

In answer to late royalty payments we have a policy royalties are not paid until $25.00 is accumulated or 3 months has passed. We also implemented an accountancy system that caused delays – should we have mentioned it – most likely but in the event of this new system… it delayed some of the payments.

With regard to print yes we have delayed our print books this year and in some instances they have been removed from the schedule. Why, because Triskelion is owed money and we printed books that didn’t sell well at all and therefore chances are should not have been printed in the first place but that’s what happens when you try and give authors their dream. But we haven’t stopped print we have delayed it.

With regards to RWA –" that is their choice am I happy with their decision?
No I am not, because they haven't really given us the chance to defend ourselves, against the complaints. Airfares have been paid for will no longer be used –" fortunately hotels do not take payment in advance.

Have we made mistakes you bet. What company hasn't? However, things are changing and for the better.

And now it appears that a private email I sent to our authors/editors loop has been posted on a blog including issues surrounding my private life. I chose to share, because in the past it has for many been a great help – the support network is tremendous. Now I feel like I'm in the clutches of the local paparazzi– and for the record I do not share my personal issues normally I didn't do it as a way to make people feel sorry for me– it was the reason why I haven't answered 200 odd emails in my usual prompt manner. In the last week. And frankly I feel nauseated that someone thought my personal problems were hot topic enough and sleazy enough to post on public forums–

Thank you for inviting me to respond. It is appreciated.

Gail Northman
Editor In Chief
Publisher as of June 1st
Triskelion Publishing

***

Same rule as before. No personal bashing allowed. You can comment whether what Triskelion did or RWA did was right, wrong or sideways but any personal attacks will be deleted.

Related posts:

1. Triskelion Update: Two Sides of the Coin
2. Tsk, tsk Triskelion
3. Triskelion Disinvited to RWA

My book was contracted to come out in print with Triskelion and would have been in bookstores in less than two weeks. There were multiple signings scheduled with Borders and Barnes & Noble, ads placed, I had gotten media coverage, high reviews from multiple sources and had spent a considerable amount in printing ARCs and excerpt booklets for massive mailings out to booksellers and bookclubs nationally. It was the bookstore who was to have my first signing that called me to tell me they couldn’t order my books for the signing and that I might want to contact my publisher. I did and that is when we all found out via email that the company had decided to restructure.

While I understand that Triskelion, like any business, needs to protect its bottom line and that a healthy Triskelion will ultimately be better for ebook authors all around, I am disappointed that in my case the book didn’t make it to the shelves so close to its release date.

Lynne Connolly, a current Triskelion author of the Department 57 paranormals, shared her feelings:

There will be print, they are just cutting back on print titles for now. The market is bad all around for print, whether it’s big publishers or small – just check the market figures – but smaller ones can’t absorb the losses as well, so Triskelion is cutting back on print until the market picks up. It started as an ebook only company, and I joined it as such. I’ve always seen my writing as taking two threads – ebook, which is expanding like you wouldn’t believe, and print, which is declining, but is still in the hearts of most writers. I’ve also always believed that the markets are so separate, they should be treated as such.

On the plus side, I can say from my own sales that the new website has made a real difference to Triskelion’s electronic sales. Royalties are perking up nicely, and they were pretty good to start with, but the last website just didn’t work. The new one has received a positive response, both in sales and hits. So it makes sense to go with where the profits are, not to try to compete with the big names in print publishing, who have the distributors more or less sewn up.

What I hope for is that Triskelion cleans up its act and turns its business into a profitable one that benefits both authors and readers of the romance community. I know that my blogging partner, Jayne, and I have been disappointed in the copy editing while pleasantly surprised at the diversity of the offerings. I don’t know whether there is a corollary to Harlequin although many authors were unhappy with the Luna line’s restructuring. I think that anyone can empathize with Meyers’ financial loss and career disappointments. I would have liked to have seen Triskelion meet those commitments but I think we all echo Meyer’s sentiment that Triskelion continues to provide quality ebooks to the romance reader.

Related posts:

1. Triskelion Disinvited to RWA
2. Official Statement from RWA on Triskelion’s Dis-Invitation
3. Tsk, tsk Triskelion

Thank you for offering me the opportunity to comment.

You are most likely aware that RWA's mission is to advance the professional interests of career-focused romance writers through networking and advocacy. In striving to fulfill its commitment to members, RWA established standards that publishers must meet to participate in RWA programs such as the annual conference. RWA recognition generates a significant amount of credibility and free exposure to the publishers who appear on RWA's list.

The following statement, which explains in part RWA's reasons for reviewing recognition standards was included in a notice sent to RWA members on March 20, 2007:

RWA standards for publisher recognition determine which publishers will be allowed to attend RWA’s annual conference and listed in RWA’s Market Update to solicit works written by RWA members. Unfortunately, the standard has been construed as a “stamp of approval” by RWA. That was never the purpose in setting the standard.

A publisher’s recognition by RWA is not a guarantee of an author’s publishing success. RWA’s standards merely indicate that the publisher pays royalties, is not a subsidy or vanity press, has been in business a minimum length of time (1 year) and has sold a minimum number of copies of one romance title (1500 hardcover or trade paperback or 5,000 in any other format). Each author must evaluate the company, carefully read the individual publisher’s contract and decide if they are willing to accept the conditions put forth in the contract.

Confusion as to the meaning of RWA-recognized status was not the only reason RWA's board felt the need to review current standards. Standards are something most associations must review regularly because of changes within the industries each association represents.

I can confirm that due to the ongoing problems authors are reporting with Triskelion Publishing, and the company's latest announcements regarding print titles, changes in editorial staff and management, the invitation for Triskelion Publishing to participate in workshops and editor appointments at RWA's 2007 conference in Dallas has been rescinded.

Sincerely,

Allison

Allison Kelley, CAE
Executive Director
Romance Writers of America, Inc.

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It is also rumored that Triskelion will not be putting out print titles. I find this ironic because when Blog Happy and I were at the bookstore the other day, we both commented on the Triskelion mass markets. (readers like mass markets). I can’t help but wonder whether the decision to not move forward with print titles will void some contracts. Triskelion actually sent print review copies to bookstores to assist sales which might also be why it was able to sell sufficient titles to meet the RWA guidelines to be a recognized publisher.

It was previously announced that RWA would be rethinking its guidelines on RWA publisher recognition status. There’s no word from RWA whether it is tightening its belt or loosening it or whether its move now has anything to do with Triskelion’s purported troubles. We’ll keep you posted if we hear anything more.

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As I started to read The Other Sea, I was all set to brave Triskelion and buy all your backlist at once. Despite the editing problems that I’m coming to associate with that publisher (smiles at Angie), I was prepared to glom. After finishing this book, I’m still willing to try your backlist, but I will restrain myself, buy them one by one and hope that they don’t have the same problems as this one.

Overall, my impression of this book is favorable. You have a wonderful, little used setting (1068 in Scotland or Scotia as some of your characters call it) and you appear to have done your homework regarding the politics and people of your story (thanks Maili). You use period names (again, thanks Maili for the pronunciation lessons) instead of incongruously expecting us to believe that medieval women were named Chelsea or medieval men were called Cody. Your descriptions seem accurate and thank God you don’t attempt to have the characters speak in dialect nor use anachronistic words. Huzzah!

I like that you don’t spoon feed us by stopping to awkwardly insert information nor dump a history lecture on our heads. But perhaps a short glossary of terms and people would have helped until we could stop and research on the Internet. I appreciate that the characters are well rounded and you don’t hesitate to give them both good and bad qualities. And that they act consistently with your descriptions of them and the backgrounds you’ve given them. I think your use of the first person POV and restraint in revealing information that the heroine, Gizella, couldn’t possibly know (no “later I was to find out…” or “at the time no one knew that…”) adds to the suspense and made me really sit up and pay attention to your narrative so I wouldn’t miss anything.

But despite all these good points, I feel there were some problems. The sex scenes are hot but in one you switched back and forth from medieval sounding terms (cunny), clinical terms (clitoris) and silly terms (feminine slit). That was bizarre enough to temporarily pull me out of the scene. And did no one in this time period give a passing thought to birth control? I’m just curious about that one and stand prepared to be corrected.

Throughout the book, the mystery of who is trying to kill the heroine and why takes a lot of space and time yet in the end, the only real clue that was revealed was never tied into any more information and the denouement had a deus ex machina quality.

I’ve read romances long enough that I’m getting tired of authors using the Big Misunderstanding to further the conflict. You gave Gizella some real reasons to mistrust the hero, Ruaridh mac Eochaid but then seemed to have had Gizella work through her trust issues. Then one incident suddenly pushes her into becoming a Bitchshrew from Hell. I guess this is supposed to be The Last Straw but it feels like a Plot Device. I also thought that the hero was way to ready to forgive her the immense hurt she caused him and at the end, her change of heart seemed more due to lust than anything else.

And what was the whole thing with Gyorgy? The heroine is working for him due to a shameful secret (I think?) yet you never revealed the secret unless it’s her illegitimacy– yet others appear to know this fact– or that she’s not really a nun–and lots of people know that and you give a perfectly plausible reason for her doing that. Also, Gyorgy seems to know most gossip before anyone else so why does he need her and what does he do with the information?

I don’t think I’m out of line in expecting mysteries to be resolved and questions to be answered or at least hints and plausible explanations given by the end of a book. If you’re going to make a big deal about something, don’t leave me dangling.

I can’t give you the high grade I initially thought this book would earn but I feel confident in a B- and as I said, you’ve got me willing to try Triskelion again to read more of your books. And that’s no small thing.

~Jayne

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Earlier I wrote about the bad experience I had buying 2 ebooks from you. Now I’m sorry to say but the reading experience for one of them has been less than wonderful and it’s not due to the author’s voice or style. It’s due to your poor editing.

I was reading the first book on my IPAQ and all of a sudden — the font totally changed. Different size, different style and for no apparent reason. Then it happened two more times.
At first I thought maybe there was a blip during the file transfer so I pulled the file up on my pc and discovered that it was even worse there. Not only did the font change but the lines didn’t wrap and I had to scroll waaaaaaaaaaaay across the screen to read the entire lines.

Then I began to notice the editing errors. “Red made it to a tree and almost over when he lifted his leg.” Did the dog almost fall over, tip over, sprawl over, crash over, jitterbug over? What?

Then Kat is described as knowing in her got that something was wrong. I’ve been a health care professional for over 19 years and I never knew I had a got. I wonder what kind of doctor specializes in the human got?

I know that this author didn’t submit her MS with these errors in it and please note authors that I am in no way blaming her for any of this. I lay the blame squarely on Triskelion.

I’ve got one more contest book from your publishing house to read and I hope that your batting average improves because right now it’s 0 for 3.

~Jayne

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Do you people not want readers to purchase books from you? It certainly seems like it. I decided to buy 6 books, 2 from Samhain, 2 from Triskelion, 1 from Cerridwen and 1 from Liquid Silver. By the way Liquid Silver people, this is what is listed on your dl page

On to Samhain. Good Lord your site is hard to navigate. Harder than Triskelion but at least the purchase went through quickly. It’s just the downloading that was a pain. The confirmation page came through with only one dl. I had to try through the site and the email confirmation 2 times to get the second dl.

By now, I’m seriously pissed.

Cerridwen, you made it so much easier. Your site isn’t hard to nagivate and the purchase, with paypal, went through quickly. The dl was a breeze. Thanks for lowering my blood pressure a little bit.

Then I hit the road block. Liquid Silver or as the dl page says Liquid Siver. By this point I was through handing my credit card info to morons and went straight to paypal. They at least know how to do business. You took my money and as of yet I’ve still not managed to dl the damn book. I tried to click on the dl link three times only to be told that my browser can’t find your site. Then I tried to cut and paste the confirmation email link but that has, as of yet, gotten me nowhere. My blood pressure is soaring again and I can honestly say I doubt I will purchase ebooks from you again.

I think I need a drink or to pet my cat to reduce my stress level.

~Jayne

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