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Writer Beware: Fitzhenry & Whiteside
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I did some on-line searching for US sources–results included Barnes & Noble’s online website listed not available, amazon.com listed something it being not in stock and would check on availability or order depended on availability–the exact output is on a post I put on the relevant thread on Robert Sawyer’s– there was not of the “in stock at publisher, usually ships in X number of days” line that books which are KNOWN to be available through distribution from the publisher, normally has…
I’m not sure that’s all of what you meant to say? It sort of cuts off?
I’ve done the research here in the States–you can’t get the book. (Amazon’s note is a vague thing, but if you try to order it, you won’t get it.) In Canada, there’s one book available via one online store and one book on the shelves in the entire rather large country. Other online stores will order with a delay–mostly of several weeks. There are details elsewhere in this comment thread, and more than one person has done this research with the same results. The data being cited at the Sawyer blog is accurate, but woefully incomplete.
Bottom line is, the book’s not readily obtainable.
The other blog isn’t particularly relevant, other than the fact that person has an obvious opinion and a working relationship with the publisher; I copied my initial response over there, but haven’t bothered to go back. My concern is with the publisher itself–and while the reversion of my book is important to me and most people have focused on all the things I should have done better/different/otherwise, the crux of the matter is the nature of their behavior over this past 18 months, and the need for writers and agents to be aware of it as they make their submission decisions and contract negotiations.
Also, publishers who claim world rights and make no attempt to exploit them–and indeed, have defenders defending them on the basis of their modest size–should be viewed with significant caution.
I am so sad for you. This is a very stressful thing to have to go through over a work that is your personal expression.
I wonder if you could get enough preorders from people like me, who now would love to own and read this book, to go ahead and buy out the stock, knowing you have the books sold and make sure that the offer to buy out includes and iron clad agreement that your rights would revert to you immediately.
I have no idea if the cost is feasible or not. As I said, I would be willing to preorder and pay through the book through paypal or other secure means. ( At a reasonable cost of course.) You have had so much support that as the words spreads this could be your way out.
Kathi, thank you so much for your obvious understanding. It’s terribly upsetting, although I know that my lack of arm-waving and posturing has been taken as a lack of passion about the situation. Nothing could be further from the truth–I just prefer to behave like a professional after this many years in the biz. 8)
I really appreciate your suggestion, too! I would say that 1) I really don’t know that the offer is still open; 2) the cost is prohibitive–closer to ten thousand than not (at a guesstimate), and meanwhile I’m still scraping up funds to get ongoing treatment for ConneryBeagle, my silly clown of a stupendous performance dog; 3) That would set a truly bad precedent, not just for me, but for all writers.
The truth is that publishers do regularly contact authors about buying up stock–but only when the book is heading to be remaindered. It’s a courtesy, so the author has a chance to garb some copies if she wants. Truly, I don’t understand why this book hasn’t simply been remaindered. Readers could grab it up at a good price and F&W would get their production investment back. I wouldn’t get any royalties, but that’s the way it goes with remaindered books.
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Doranna — I’ve been following your writing since your fan days in the 80s. (Sorry if I betray your age a bit….) I may have quibbled about your knowledge of helicopters, but never your storytelling.
Although I loathe that F&W are, as someone as written earlier, holding copies of your book hostage, what really angers me was the threat to “report” you to two noted Canadian SF authors. I respect that you have extended those authors the professional courtesy of leaving their names out of this conflict, but given that those writers could have no real “authority” over you to compel you to cease and desist, the conclusion I must come to is this — they seek to tarnish your reputation among your peers.
By the wonderful response I have read in the weeks previous to this post, I know that you have good and respected professional friends already in your corner. I would hope that the writers named in the threat are open-minded enough not to take any scurrilous remarks made by the publisher at face value, and would seek the truth of the matter.
Nevertheless, if you decide to initiate legal recourse in this matter, do not neglect to mention the attempt at slander. It is probably too slender a reed to support a suit on its own, but added to a breach of contract case, it adds the weight of your continuing professionalism to your side — an intangible with the potential to sway juries and judges.
Stay strong, and keep writing.
Sheryl! How wonderful to hear from someone involved in the fan fun! Internet research might improve my helicopter mojo these days, but then again I suspect it’s rather like horses–without the hands-on, there are just so many ways to go wrong…
The threat to get noted Canadian authors involved was not idle; it’s ongoing with Prominent Author #2. Based on what I’ve heard, I can’t help but agree with your conclusion. I appreciate your advice on the matter! This is all pretty foreign to me, and I have to say however it turns out, the most important thing is that the publisher is no longer protected by my silence as regards their behavior.
Honestly, I’m just grinning like a fool to have heard from someone who was reading my stuff way back when…
I’ve been following this issue as someone interested in Copyright law, and in how rights under International Copyright treaties are upheld, or not, so please forgive my interruption.
On reading a certain author’s blog posts attacking you, I must say how strongly I was struck by the vehemence of his rhetoric, if not so much by the data he presented.
Most of all, I was struck by the amount of time and space he seems to have devoted to the issue on his blog, and now by the fact that he is continuing to do so via Twitter.
I made a post on his blog, which never made it through moderation. Instead, he made an outright denial of my charges, claiming instead that your own charges lacked substance and claiming that he was done with the discussion. As he is clearly continuing the fight, just in another venue, with your permission, I would like to re-post my comments here in your support:
“[Dear Sir],
I must admit to being tremendously confused by your stance on this issue.
You claim to have only an occasional editorial relationship with the publisher in question. Is it, in fact, your usual practice to so vigorously defend publishers with whom you don’t have an editorial relationship? Is it your usual practice to so vigorously attack other writers in print, giving them the kind of contract advice usually issued only by attorneys?
You seem to be taking up an unusual amount of your own writing time to disagree with people who feel that the terms of Ms. Durgin’s contract should be interpreted in accordance with their meaning at the time they were written. For someone who claims to have such a lucrative writing career of his own, it would seem that the sales (or not) of another writer should otherwise seem insignificant to your own writing and to the promotion of same.
What is it about this particular business deal that is so important to you that you have made 13 lengthy responses to people posting on this topic? And before you answer — let me point out just how far your last comment seems to call your impartiality itself into question.
After all, how are all those decades of respectable publishing relevant to the case in question? Forty years ago, Amazon.com wasn’t even a dream scenario in a science fiction-writer’s vision of utopia, and, while it’s not quite as small as Sarah Palin’s hometown, Alberta, Canada isn’t exactly one of the publishing centers of the world, so how does a Publisher of the Year award there impact on the legality of a writer’s request for the reversion of rights under contract terms? Surely you’re comparing apples and oranges?
I’m afraid it’s usually my experience that people who compare apples and oranges usually have something under a bushel that they’re trying to hide.”
I very much appreciate the time and thought you’ve given this situation–and the sensible nature of your words.
I should probably add that the author in question isn’t welcome to respond here. This isn’t the only time I’ve heard that a comment in support of my situation didn’t make it through moderation; had this one done so, he could have handled it as he pleased. Now that it’s here, I’ll do the same.
Over at the Writer Beware Blog, Victoria Strauss did some digging about the availability of the other F&W (Red Deer Press) books that were published in the same year as DLJ.
Guess what? They are basically all available in some form at Amazon and B&N *in the United States*. Check over there for the full details (I don’t know if it’s appropriate to just cut and paste the whole post here).
http://www.blogger.com/comment.g?blogID=17222280&postID=3496186981922314513
(Scroll all the way down to the bottom, it is currently comment #44)
Yup. It’s all another piece in a very confusing puzzle. But this is information we (those of us who interpret the contract as requiring reversion) were challenged to provide, and there it is.
Sometimes, it really is true–you shouldn’t ask questions to which you don’t already know the answers. Those answers might not be what you think they are…
Sorry to learn about this.
I bet they have no single book in their “warehouse”.
Will make a link to this story in my blogs.
Take care and all the very best that they come to terms eventually.
Doris