Just so we're clear this will be the last post I make here as the
conversation is about to become circular.
What's been shown is that PublishAmerica's contract:
1) Takes rights that PA is unwilling or unable to exploit (e.g.
electronic display), and,
2) Does not revert all rights to the author if it is no longer making
the work available for sale.
Which is no more than to say that PA has a poor contract. But we knew
that coming in.
I pass over PA's high prices for its books, its lack of promotion and
distribution, its inability to get books on physical bookstore
shelves, its lack of editorial standards, its poor production values,
and its low sales, since James does not mention them in his farewell.
When you can show me a website where an author provides his entire
manuscript for free on the Internet (thus lessoning its value for the
publisher - copyright aside) where the publisher has not agreed that
it is permissable under their contract you will have a case.
It's not up to me to prove a case -- this was your example that you
brought up. Show me how publishing the full text of a novel on the
web diminishes its value and _you_ might have a case. (You are aware,
BTW, that notorious PoD vanity press iUniverse also publishes the full
texts of its works on the web? Do they believe this diminishes the
value of the works? Why or why not? Be specific; use examples.)
Until then all you arte doing is saying that in some instances
publishers have either provided websites or allowed under their
contracts that their authors can post thier entire book on the website
for free. The original intent of this thread was to show that Fred's
actions lessoned the percieved value of his book and therefore that
went against the contract bewteen him and his publisher and PA had
every right not to publish his work.
The publisher doesn't have the right not-to-publish the work unless
the author signed a bad contract. If the publisher refuses to
publish, or withdraws the book, the author should get all rights back,
on the spot. Do I take it you're conceding that PA offers a bad
contract?
Was there a reversion clause in your contract? If so, would you
please post that clause? If you don't have a reversion clause, why
not?
If you need to contact me you can use my email address. But I am
walking away from this futile discussion.
James
I wish you a happy life, and every success. I hope that you'll stop
in a year from today to let us know how your book is doing.
Best,
Jim