I need some advice about my publisher

Daisy

Daisy

I've been quite happy with the publisher I have been with for over three years, but I've recently started to get a bit concerned about a few things.  I might be over reacting, but...My agreement with them was to produce a series of children's books as a new series for "reluctant readers".  They published the first two in May 2005 and I then began work on the next one at their request.  I sent this in January 06.  They were very pleases with it and the intention was that it would be published at the end of 06. This got moved by them to April 07 and then Oct 07.  It has still not been published.  Their reasons are that they have been busy developing another side of their work, which is true, and this has taken up all of their time.  They are a small educational publisher.  I communicate with them via email and have expressed concern over the constant moving of the publication date.  It seems unprofessional, especially as their website is still advertising the latest book as having been available since April 07. In October I finished a few minor adjustments at their request and they now say they've changed their minds about the illustrator.  Checking my contract I can't see they've done anything wrong but I feel they are treating me badly!  Royalty statements are always on time but payments are normally very late. I'm thinking of phoning them tomorrow with some specific questions.  I know I should be grateful to have a publisher at all and I do want to go on writing for them.  I've been published by two other publishers who were or are nothing like this.  The thing that annoys me is that they don't let me know what is going on. I'd be grateful for any opinions on this - especially from those of you who have contracts with publishers.  And, Dorothy, I'd especially like to know what you think!

candy

This does seem a bit odd. This has never happened to me, and I usually get my money along with my royalty statment. Have you got an agent? I think you need one. Best of luck.

midia

Hi Daisy,
Yes this can happen and has happened to me recently too. I have two publishers. One is a big main-stream publisher who I have never had any problems with. The other however is a smaller company who specialise in alternative health subjects. I have written two books for this smaller publisher and the second book kept getting put back for publication. Even though it was being promoted on Amazon as available from Feb this year, the publisher kept changing the publication date. When I queried this with them they got rather aggressive and defensive about it, asking me if I realised just how hard it is to survive in the industry these days - err, no, I've only had 9 books published and been a professional writer for 10 years!
Anyway I waited patiently and it was published in October of this year - 8 months later than the original publication date. Low and behold the same person who got all defensive about the industry asked me to write four more titles for them - I declined because I'm doing more work for the other publisher now. I think many smaller publishers have to wait until they have enough funds to be able to promote the next book on their lists, hence they hold back the publication date. As for royalty payments, Candy is right, you should receive your royalty payment with your statement.

Carol

They sound like they are experiencing problems. Check the Companies House website and make sure that their filed returns are up to date and not overdue.
Royalty payments should be on time, and it would be quite reasonable to query the delay, and ask for an agreed date when the owing amount will be paid.

Daisy

Thanks for those replies.  I don't have an agent, although I did once.  I don't think one would be interested in taking me on because I don't write enough or in a full time way.  I might be wrong though.  I'll give that some more thought.  My contract (which the Society of Authors says is fine) states that they will send royalty statements on a quarterly basis which they do.  However, actual payment (according to the contract) is 'not more than three months after the end of the Quarter concerned', but sometimes it is later than that and I have to enquire.  Midia, I think you may have something there in saying this is not unusual for small publishers and for the reasons you say.  I hope that's all it is.  They aren't that small and are getting bigger and apparently doing well.  They've won some awards and I like their philosophy (towards readers at least!). I just want them to keep me informed.

sal

My first book was published last December and the second contracted one submitted in May.  In between, my publisher has been 'taken over' by another company who tells me 'They have to put my details on their system...then I am likely to be paid royalties'  In between, I've received no royalties whatsoever although my book has sold well and at one time was in the Amazon Best seller list. I too would like advice on this, particularly on behalf of the new writers.

Daisy

Well, I've decided not to phone afterall because I don't want to upset anyone!  We've always had a friendly relationship and I definitely don't want to spoil that.  Maybe they think I'm patient and uncomplaining so don't bother to keep me up to date.  It is also true that smaller publishers do have to wait for the cash flow to flow before proceeding and they have increased the number of books they've published this year enormously.  They took over producing a 68 set of "readers" each with teacher's handbook, which a US publisher previously produced.  So that needed a lot of work to suit UK schools.

heather

That's very polite, Daisy, but I don't think it's unreasonable to query these things. They are running a business and, as a writer, so are you. It would be very unprofessional of them to be upset by a sensitively worded enquiry from you about the terms of your agreement and why they are not being adhered to.
I do sometimes think we (writers and British people in general!) are our own worst enemies, not wanting to make issue in case we make things worse, and that is why people get away with treating us poorly.

Carol

You also need to consider the effect these late payments can have on your tax/personal finances situation.
I don't think it's unreasonable to ask them for clarification on certain issues in the light of this expansion.
They are your royalties, you are legally entitled to them and they are failing to honour their legal contract with you.
I'm quite sure if you failed to fulfill your part of the contract they would not be so slow in claiming redress. Neither should you.
I feel that if you don't ask you could be waiting even longer. While the author doesn't query it they won't do anything about it.

Daisy

Heather, Carol - yes, I sent an e-mail today instead.  I'll see how they respond. Late payments have not so far been so late that they've interfered with my tax situation. (That's if I earn enough to have a tax situation).  So far I've always got what I'm due eventually.  However, if I don't ask my questions I don't think they are going to volunteer any information.  I'll let you know what happens.  I've not had these difficulties with the two other larger publishers I've written for, but I suspect that having whole departments to deal with different things makes a difference.

Carol

Good Daisy. I'm sure we all want to know their answers.
(It is not good for their future prosperity to be so disorganised when they have taken on more work.)

heather

Good for you Daisy!

Daisy

For anyone who's interested, so far I've had no response to the two e-mails I sent my publisher on Monday. One to the person who deals with royalty payments and one to the commissioning editor with whom I have most contact.  I guess they're thinking how dare a pesky author ask what's happened to her royalty payments or something like that!  I did notice that the publication date for the title they keep moving on is advertised as being May 08 now on Amazon.  Oh, I give up.

Carol

If you haven't heard by next week I'd ring up the person who deals with the royalty payments.
It could be simply a case the person has changed job or e-mail address.
Consider it is November now, in seven weeks it will be 2008, can you be certain you will get this year's payments by then?

sal

I telephoned my publisher's royalties department, Daisy.  They were really nice and explained 'change of system' reason for hold up and they would deal with my royalties ASAP. I don't really think they will 'leap into action' but if they do, I'll let you know.

Daisy

Good news.  I've got my small royalty payments. They blame changes in staff and increase in amount of business for delays and confusions. I've also received a 'newsletter for authors' (which no one had even bothered to sign) from the publisher, so I'm now up to date with what's happening and have, from that, discovered they plan to publish my next title "sometime in 2008". 

dorothyd

it's getting there, then!

Jay Mandal

Wasn't that BR's motto?

Daisy

Wow!  Just had a really nice, encouraging e-mail from them too.  Feeling much better now.  I might start to feel like a real writer one day.

Carol

Well that's good news Daisy, just don't let them take so long next year before you enquire about late payment.
Hope the book is a raving success, and sells heaps.

Daisy

Well, I don't know about raving success, Carol.  Just selling well enough would be great! 
Sal, did you get your payments through?

sal

No luck, Daisy.  I am taking up the matter with the Authors' Society.  Watch this space!