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	<title>Comments on: Ellora&#8217;s Cave Exploring Possible e-Tailer Service</title>
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	<description>Book reviews, industry news, and commentary from a reader's point of view</description>
	<pubDate>Fri, 09 Jan 2009 00:39:18 +0000</pubDate>
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		<title>By: Torquere Press: The Case Of The Poison Pen Names &#124; The Naughty Bits</title>
		<link>http://dearauthor.com/feeder/?FeederAction=clicked&amp;feed=Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fdearauthor.com%2Fwordpress%2F2008%2F10%2F07%2Felloras-cave-exploring-possible-e-tailer-service%2F&amp;seed_title=Ellora%26%238217%3Bs+Cave+Exploring+Possible+e-Tailer+Service/comment-page-3/#comment-176965</link>
		<dc:creator>Torquere Press: The Case Of The Poison Pen Names &#124; The Naughty Bits</dc:creator>
		<pubDate>Fri, 17 Oct 2008 14:54:09 +0000</pubDate>
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		<description>[...] Owners with a &#8220;my way or the highway&#8221; attitude in contract dealings or otherwise. [...]</description>
		<content:encoded><![CDATA[<p>[...] Owners with a &#8220;my way or the highway&#8221; attitude in contract dealings or otherwise. [...]</p>
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		<title>By: Charlee Compo</title>
		<link>http://dearauthor.com/feeder/?FeederAction=clicked&amp;feed=Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fdearauthor.com%2Fwordpress%2F2008%2F10%2F07%2Felloras-cave-exploring-possible-e-tailer-service%2F&amp;seed_title=Ellora%26%238217%3Bs+Cave+Exploring+Possible+e-Tailer+Service/comment-page-3/#comment-176432</link>
		<dc:creator>Charlee Compo</dc:creator>
		<pubDate>Sat, 11 Oct 2008 21:04:25 +0000</pubDate>
		<guid isPermaLink="false">http://dearauthor.com/wordpress/?p=6843#comment-176432</guid>
		<description>I have over thirty books with EC and over thirty with another publisher.  I make just as much with that other publisher as I do with EC. I agree it has to do with secondary sales. Being at Fictionwise is a big help. At one point, I had thirteen books in the top twenty positions of dark fantasy at FW for two weeks straight (printed out those pages from FW and framed them!). I made a lot of money even with the FW percentages.

Each of my books have been released in print at that other pub but only seven of my EC/CP books have been put into print...and those weren't even the ones that have sold the best electronically. I make good money with the other publisher's print books and that pub doesn't have contracts with Amazon or ANY brick and mortar stores. Sales are strictly from the publisher's website.</description>
		<content:encoded><![CDATA[<p>I have over thirty books with EC and over thirty with another publisher.  I make just as much with that other publisher as I do with EC. I agree it has to do with secondary sales. Being at Fictionwise is a big help. At one point, I had thirteen books in the top twenty positions of dark fantasy at FW for two weeks straight (printed out those pages from FW and framed them!). I made a lot of money even with the FW percentages.</p>
<p>Each of my books have been released in print at that other pub but only seven of my EC/CP books have been put into print&#8230;and those weren&#8217;t even the ones that have sold the best electronically. I make good money with the other publisher&#8217;s print books and that pub doesn&#8217;t have contracts with Amazon or ANY brick and mortar stores. Sales are strictly from the publisher&#8217;s website.</p>
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		<title>By: Teddypig</title>
		<link>http://dearauthor.com/feeder/?FeederAction=clicked&amp;feed=Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fdearauthor.com%2Fwordpress%2F2008%2F10%2F07%2Felloras-cave-exploring-possible-e-tailer-service%2F&amp;seed_title=Ellora%26%238217%3Bs+Cave+Exploring+Possible+e-Tailer+Service/comment-page-3/#comment-176424</link>
		<dc:creator>Teddypig</dc:creator>
		<pubDate>Sat, 11 Oct 2008 18:48:52 +0000</pubDate>
		<guid isPermaLink="false">http://dearauthor.com/wordpress/?p=6843#comment-176424</guid>
		<description>Lets review....

Juliana Stone &lt;i&gt;they have a first refusal clause…it’s there….I wanted it removed, but they wouldn’t…they tried to reword it, but I was not going to sign a contract with any type of clause like that. They also wouldn’t budge on the rights clause…I thought I was being more than generous in asking for a max of 10 years, but they refused and said they wanted lifetime rights&lt;/i&gt;

Juliana Stone &lt;i&gt;I had an agent and a lawyer look over the contract. I know what I was signing&lt;/i&gt;

Anon &lt;i&gt;I clearly stated that IF an author didn’t sign because they thought they’d never get their rights back, or IF they didn’t sign because they thought EC would have rights to every book they ever wrote, THEN they were stupid. I stand by that, because it’s very clear per the contract that neither of those things are true. You claim you did have a lawyer explain the contract to you, so I’m assuming you DID know neither of those things were true, hence I was not talking about YOU when making my statement.&lt;/i&gt;


Seems they did advise her to not sign the Ellora's Cave contract without negotiation on those specific clauses because they interfered with her New York Publisher's contract. 

At least that is my understanding. Your mileage may very.</description>
		<content:encoded><![CDATA[<p>Lets review&#8230;.</p>
<p>Juliana Stone <i>they have a first refusal clause…it’s there….I wanted it removed, but they wouldn’t…they tried to reword it, but I was not going to sign a contract with any type of clause like that. They also wouldn’t budge on the rights clause…I thought I was being more than generous in asking for a max of 10 years, but they refused and said they wanted lifetime rights</i></p>
<p>Juliana Stone <i>I had an agent and a lawyer look over the contract. I know what I was signing</i></p>
<p>Anon <i>I clearly stated that IF an author didn’t sign because they thought they’d never get their rights back, or IF they didn’t sign because they thought EC would have rights to every book they ever wrote, THEN they were stupid. I stand by that, because it’s very clear per the contract that neither of those things are true. You claim you did have a lawyer explain the contract to you, so I’m assuming you DID know neither of those things were true, hence I was not talking about YOU when making my statement.</i></p>
<p>Seems they did advise her to not sign the Ellora&#8217;s Cave contract without negotiation on those specific clauses because they interfered with her New York Publisher&#8217;s contract. </p>
<p>At least that is my understanding. Your mileage may very.</p>
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		<title>By: Anonymous</title>
		<link>http://dearauthor.com/feeder/?FeederAction=clicked&amp;feed=Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fdearauthor.com%2Fwordpress%2F2008%2F10%2F07%2Felloras-cave-exploring-possible-e-tailer-service%2F&amp;seed_title=Ellora%26%238217%3Bs+Cave+Exploring+Possible+e-Tailer+Service/comment-page-3/#comment-176417</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Sat, 11 Oct 2008 17:49:20 +0000</pubDate>
		<guid isPermaLink="false">http://dearauthor.com/wordpress/?p=6843#comment-176417</guid>
		<description>I haven't had time to read all the responses, but I just wanted to address the misconception that EC's sales are always higher than other ebpubs'. I'm published with both EC and another well-known epublisher (multiple books at both). My sales at the other epublisher are higher across the board, and I believe it's mostly because of the boost from second-party vendors. If you took the second-party sales away, my sales at the other ebpub would be similar or equal to my EC sales.

I'm not putting down either publisher, the quality of the writers, the editors or the products they release, but I think some of the changes made by EC in the past few years *have* had a huge negative impact on sales. So much so that if an author bases her submissions choices on potential income alone, EC certainly shouldn't be placed far and above other epublishers like it used to be.</description>
		<content:encoded><![CDATA[<p>I haven&#8217;t had time to read all the responses, but I just wanted to address the misconception that EC&#8217;s sales are always higher than other ebpubs&#8217;. I&#8217;m published with both EC and another well-known epublisher (multiple books at both). My sales at the other epublisher are higher across the board, and I believe it&#8217;s mostly because of the boost from second-party vendors. If you took the second-party sales away, my sales at the other ebpub would be similar or equal to my EC sales.</p>
<p>I&#8217;m not putting down either publisher, the quality of the writers, the editors or the products they release, but I think some of the changes made by EC in the past few years *have* had a huge negative impact on sales. So much so that if an author bases her submissions choices on potential income alone, EC certainly shouldn&#8217;t be placed far and above other epublishers like it used to be.</p>
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		<title>By: Teddypig</title>
		<link>http://dearauthor.com/feeder/?FeederAction=clicked&amp;feed=Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fdearauthor.com%2Fwordpress%2F2008%2F10%2F07%2Felloras-cave-exploring-possible-e-tailer-service%2F&amp;seed_title=Ellora%26%238217%3Bs+Cave+Exploring+Possible+e-Tailer+Service/comment-page-3/#comment-176405</link>
		<dc:creator>Teddypig</dc:creator>
		<pubDate>Sat, 11 Oct 2008 16:45:13 +0000</pubDate>
		<guid isPermaLink="false">http://dearauthor.com/wordpress/?p=6843#comment-176405</guid>
		<description>Anon,

I think you are very much aware I was talking in reference to the matter of signing contracts using loosely defined terms like "lifetime" which I would equate to ME drinking that Koolaid. 

I like those standard 5 or 7 year contract terms I have seen. They make more sense for me.</description>
		<content:encoded><![CDATA[<p>Anon,</p>
<p>I think you are very much aware I was talking in reference to the matter of signing contracts using loosely defined terms like &#8220;lifetime&#8221; which I would equate to ME drinking that Koolaid. </p>
<p>I like those standard 5 or 7 year contract terms I have seen. They make more sense for me.</p>
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		<title>By: Anon</title>
		<link>http://dearauthor.com/feeder/?FeederAction=clicked&amp;feed=Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fdearauthor.com%2Fwordpress%2F2008%2F10%2F07%2Felloras-cave-exploring-possible-e-tailer-service%2F&amp;seed_title=Ellora%26%238217%3Bs+Cave+Exploring+Possible+e-Tailer+Service/comment-page-3/#comment-176404</link>
		<dc:creator>Anon</dc:creator>
		<pubDate>Sat, 11 Oct 2008 16:31:10 +0000</pubDate>
		<guid isPermaLink="false">http://dearauthor.com/wordpress/?p=6843#comment-176404</guid>
		<description>No need to be offended, because I clearly stated that IF an author didn't sign because they thought they'd never get their rights back, or IF they didn't sign because they thought EC would have rights to every book they ever wrote, THEN they were stupid.  I stand by that, because it's very clear per the contract that neither of those things are true.  You claim you did have a lawyer explain the contract to you, so I'm assuming you DID know neither of those things were true, hence I was not talking about YOU when making my statement.

And while you don't like being called stupid, which no one did by the way, we don't like being equated to koolaid drinking (if anyone doesn't get the reference google Jonestown and see why it's so very insulting), brainwashed fools, which we were.</description>
		<content:encoded><![CDATA[<p>No need to be offended, because I clearly stated that IF an author didn&#8217;t sign because they thought they&#8217;d never get their rights back, or IF they didn&#8217;t sign because they thought EC would have rights to every book they ever wrote, THEN they were stupid.  I stand by that, because it&#8217;s very clear per the contract that neither of those things are true.  You claim you did have a lawyer explain the contract to you, so I&#8217;m assuming you DID know neither of those things were true, hence I was not talking about YOU when making my statement.</p>
<p>And while you don&#8217;t like being called stupid, which no one did by the way, we don&#8217;t like being equated to koolaid drinking (if anyone doesn&#8217;t get the reference google Jonestown and see why it&#8217;s so very insulting), brainwashed fools, which we were.</p>
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		<title>By: Juliana Stone</title>
		<link>http://dearauthor.com/feeder/?FeederAction=clicked&amp;feed=Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fdearauthor.com%2Fwordpress%2F2008%2F10%2F07%2Felloras-cave-exploring-possible-e-tailer-service%2F&amp;seed_title=Ellora%26%238217%3Bs+Cave+Exploring+Possible+e-Tailer+Service/comment-page-3/#comment-176395</link>
		<dc:creator>Juliana Stone</dc:creator>
		<pubDate>Sat, 11 Oct 2008 15:48:16 +0000</pubDate>
		<guid isPermaLink="false">http://dearauthor.com/wordpress/?p=6843#comment-176395</guid>
		<description>I wasn't going to comment....basically because I'm horrified at how base and just plain nasty this conversation has become.  I certainly don't like being called stupid because I refused a contract...there were  mitgataing circumstance that I had to take into consideration, and yeah, I had an agent and a lawyer look over the contract.  I know what I was signing, just as I'm sure every author at EC does...I think it comes down to personal choice in what you're comfortable signing...and that's it period.  I understand you are all very passionate about your work, and where you publish etc.  I just don't like the pettiness and name calling and low blows that I've seen here. 
I wish everyone well with whatever you're working on, with whatever publisher you're working with...but I for one am going to avoid forums like this from now on.  It's very negative and I think authors need to support each other and not tear each other down...or at least to RESPECTUFLLY agree to disagree.
Thanks for the eyeopener</description>
		<content:encoded><![CDATA[<p>I wasn&#8217;t going to comment&#8230;.basically because I&#8217;m horrified at how base and just plain nasty this conversation has become.  I certainly don&#8217;t like being called stupid because I refused a contract&#8230;there were  mitgataing circumstance that I had to take into consideration, and yeah, I had an agent and a lawyer look over the contract.  I know what I was signing, just as I&#8217;m sure every author at EC does&#8230;I think it comes down to personal choice in what you&#8217;re comfortable signing&#8230;and that&#8217;s it period.  I understand you are all very passionate about your work, and where you publish etc.  I just don&#8217;t like the pettiness and name calling and low blows that I&#8217;ve seen here.<br />
I wish everyone well with whatever you&#8217;re working on, with whatever publisher you&#8217;re working with&#8230;but I for one am going to avoid forums like this from now on.  It&#8217;s very negative and I think authors need to support each other and not tear each other down&#8230;or at least to RESPECTUFLLY agree to disagree.<br />
Thanks for the eyeopener</p>
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		<title>By: Teddypig</title>
		<link>http://dearauthor.com/feeder/?FeederAction=clicked&amp;feed=Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fdearauthor.com%2Fwordpress%2F2008%2F10%2F07%2Felloras-cave-exploring-possible-e-tailer-service%2F&amp;seed_title=Ellora%26%238217%3Bs+Cave+Exploring+Possible+e-Tailer+Service/comment-page-3/#comment-176391</link>
		<dc:creator>Teddypig</dc:creator>
		<pubDate>Sat, 11 Oct 2008 15:32:54 +0000</pubDate>
		<guid isPermaLink="false">http://dearauthor.com/wordpress/?p=6843#comment-176391</guid>
		<description>&lt;i&gt;Because one should always understand the contract one is signing&lt;/i&gt;

I think I actually did mention that.</description>
		<content:encoded><![CDATA[<p><i>Because one should always understand the contract one is signing</i></p>
<p>I think I actually did mention that.</p>
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		<title>By: Anon</title>
		<link>http://dearauthor.com/feeder/?FeederAction=clicked&amp;feed=Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fdearauthor.com%2Fwordpress%2F2008%2F10%2F07%2Felloras-cave-exploring-possible-e-tailer-service%2F&amp;seed_title=Ellora%26%238217%3Bs+Cave+Exploring+Possible+e-Tailer+Service/comment-page-3/#comment-176388</link>
		<dc:creator>Anon</dc:creator>
		<pubDate>Sat, 11 Oct 2008 15:12:00 +0000</pubDate>
		<guid isPermaLink="false">http://dearauthor.com/wordpress/?p=6843#comment-176388</guid>
		<description>"Nor do I want to ever be in an unmanageable position where I have no “clearly defined” end dates on my contracts."

My god, Teddy, now you're just blatantly ignoring information because you want EC to be the big bad wolf.  You and others have been told that there ARE 'clearly defined' end dates to both the lifetime rights clause and the option clause.  The lifetime rights clause says EXACTLY what circumstances qualify the book to be considered out of print and allows the author to ask for rights back with, as Anion said, a simple email.  And it's not a crazy list of circumstances either.  You can't ask for it back for a year and a half after it releases.  It has to be under a certain number of sales per month.  And then all you have to do is send them an email and the book is yours to do with what you will.

And that kool-aid drinking remark was just low.  You go ahead and be impressed with people who turn down a contract because they didn't like a clause.  But it's less impressive for people to sign a contract that is perfectly sane in its clauses?  We're brainwashed and stupid, because we actually READ the damn contract and realized that those clauses everyone freaks the hell out about aren't what the naysayers said they were?  If they didn't like the clause because they thought they'd never get their rights back, then they didn't read the thing and certainly didn't have a lawyer explain it to them.  If they didn't sign because they thought EC would get grabby and lay claim to every book they wrote from then on, they again didn't read the damn contract properly.  That's THEM being stupid, imo.  Because one should always understand the contract one is signing (or not signing in this case).</description>
		<content:encoded><![CDATA[<p>&#8220;Nor do I want to ever be in an unmanageable position where I have no “clearly defined” end dates on my contracts.&#8221;</p>
<p>My god, Teddy, now you&#8217;re just blatantly ignoring information because you want EC to be the big bad wolf.  You and others have been told that there ARE &#8216;clearly defined&#8217; end dates to both the lifetime rights clause and the option clause.  The lifetime rights clause says EXACTLY what circumstances qualify the book to be considered out of print and allows the author to ask for rights back with, as Anion said, a simple email.  And it&#8217;s not a crazy list of circumstances either.  You can&#8217;t ask for it back for a year and a half after it releases.  It has to be under a certain number of sales per month.  And then all you have to do is send them an email and the book is yours to do with what you will.</p>
<p>And that kool-aid drinking remark was just low.  You go ahead and be impressed with people who turn down a contract because they didn&#8217;t like a clause.  But it&#8217;s less impressive for people to sign a contract that is perfectly sane in its clauses?  We&#8217;re brainwashed and stupid, because we actually READ the damn contract and realized that those clauses everyone freaks the hell out about aren&#8217;t what the naysayers said they were?  If they didn&#8217;t like the clause because they thought they&#8217;d never get their rights back, then they didn&#8217;t read the thing and certainly didn&#8217;t have a lawyer explain it to them.  If they didn&#8217;t sign because they thought EC would get grabby and lay claim to every book they wrote from then on, they again didn&#8217;t read the damn contract properly.  That&#8217;s THEM being stupid, imo.  Because one should always understand the contract one is signing (or not signing in this case).</p>
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		<title>By: Teddypig</title>
		<link>http://dearauthor.com/feeder/?FeederAction=clicked&amp;feed=Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fdearauthor.com%2Fwordpress%2F2008%2F10%2F07%2Felloras-cave-exploring-possible-e-tailer-service%2F&amp;seed_title=Ellora%26%238217%3Bs+Cave+Exploring+Possible+e-Tailer+Service/comment-page-3/#comment-176363</link>
		<dc:creator>Teddypig</dc:creator>
		<pubDate>Sat, 11 Oct 2008 11:23:27 +0000</pubDate>
		<guid isPermaLink="false">http://dearauthor.com/wordpress/?p=6843#comment-176363</guid>
		<description>&lt;i&gt;Please give me credit for at least being capable of weighing my options and making my own decisions about my career, regardless of whether or not you feel they are the right choices for your career.&lt;/i&gt;

Anion,

I personally am impressed with people like Juliana Stone who are willing to walk away from even a top ePub when contract negotiations of clauses that they find unacceptable fall through and provide that information publicly as an example.

I was talking about this whole matter strictly from my knowledge of contracts from other top ePubs and my personal reaction and decisions on such things. 

Not about what decisions you have made for yourself. Those are yours to make, based on your situation which I have no knowledge of, and not my place to judge. So I apologize for offending you.</description>
		<content:encoded><![CDATA[<p><i>Please give me credit for at least being capable of weighing my options and making my own decisions about my career, regardless of whether or not you feel they are the right choices for your career.</i></p>
<p>Anion,</p>
<p>I personally am impressed with people like Juliana Stone who are willing to walk away from even a top ePub when contract negotiations of clauses that they find unacceptable fall through and provide that information publicly as an example.</p>
<p>I was talking about this whole matter strictly from my knowledge of contracts from other top ePubs and my personal reaction and decisions on such things. </p>
<p>Not about what decisions you have made for yourself. Those are yours to make, based on your situation which I have no knowledge of, and not my place to judge. So I apologize for offending you.</p>
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