Author Complaints at City Owl Press

Header Image: City Owl Press logo

City Owl Press (COP) describes itself as a “cutting edge indie publishing company, bringing the world of romance and speculative fiction to discerning readers.” Co-founded in 2014 by authors Tina Moss and Yelena Casale, COP publishes romance, paranormal, fantasy, horror, and mystery, and has a large staff (including an unusual number of copy editors) and a substantial catalog of books and authors. Subsidiary rights are repped by Brower Literary & Management.

Until recently, a websearch on COP would have turned up little to raise concerns: no author complaints, a regular publishing schedule, positive reviews, coverage in the trade press, approval as a qualifying market by Romance Writers of America. However, there is a kind of alchemical process that I’ve witnessed many times over my years with Writer Beware, where long-standing strains and stresses within a publisher–hidden from public view and often from the authors themselves, who don’t realize how widespread the problems they’ve experienced are until they start comparing notes–abruptly reach critical mass and boil to the surface in the form of a rush of complaints.

That process began for COP in January 2024. Over the past weeks, I’ve heard from multiple COP authors who cite an enormous variety of issues, described by most as long-standing, of which the most frequent include:

  • Poor/inconsistent editing and copy editing (although I also heard from authors who said they were happy with the editing they received). Several authors were reportedly dissatisfied enough to seek help from outside editors. According to contracts shared with me, COP pays extremely editorial low rates: $50-$150 for editing depending on word count, $0.0025 per word for copy editing (low pay for editors and copy editors is endemic in the small press world, and can contribute to poor quality and high turnover). A non-disclosure clause appears to have recently been added to copy editors’ contracts.
  • Lack of clarity about editing and other timelines.
  • Production delays, including late/delayed edits, copy edits, final proofs, and cover art, in some cases requiring the publication date to be pushed back.
  • Things left to the last minute, resulting in a rush to complete or hampering self-promotion efforts (for example, copy edits received the week before launch date, ARCs not available until the week before publication, books going up on NetGalley the day before release).
  • Lack of support for pre-orders.
  • Print books unavailable for purchase on publication day.
  • Short discounts through Ingram (20%, as opposed to the standard 40-55%) and no returnability. (UPDATE 3/10/24: I’ve seen documentation of the 20% discount, but have also become aware that for POD books, the discount authors [and presumably publishers] set is not the discount booksellers see–so COP may not be aware that their books are being shorted.)
  • Inconsistent or inadequate marketing support (for example, Amazon and Facebook ads promised but not delivered, limited promotion on COP’s social media pages, ARCs sent late to review venues). Marketing is one of the biggest sources of author dissatisfaction overall; to be clear, COP does market its books, but based on what authors have told me, many see a major gap between marketing promises and actual marketing. Additionally, there was anger over Facebook ads for Tina Moss’s own books (both she and co-founder Yelena Casale are COP authors), which ran at a time when authors were being told that such ads didn’t provide a good return on investment. Ms. Moss later apologized for that ad campaign, attributing it to her own error in neglecting to switch the campaign to her personal author page.
  • What some authors felt as undue pressure to invest significant amounts of their own money into marketing and ad campaigns (COP author Erin Fulmer discusses this in detail in the third of her series of blog posts about her COP experience; discussion begins with the “Our Mission” heading). Especially in the context of widespread unhappiness with COP’s marketing, this did not go over well.
  • Payment irregularities, including errors on royalty statements (corrected, but only upon notification from authors), authors having to chase payments for subsidiary right sales, and no royalties paid for book sales at conventions (I was told that COP’s explanation was that sales income didn’t offset the expense of presence at cons).

I have to note here that I also heard from COP authors who told me they were happy with their experience, and felt that many of the complaints were the result of misunderstandings or unrealistic expectations. But while it can be hard sometimes to determine whether reported problems represent isolated incidents or an ongoing pattern of behavior, the complaints outlined above are extremely consistent across multiple authors.

Frustrations seem to have come to a head in late December 2023/early January 2024, after a post from Tina Moss on publishing models and promotional budgets sparked questions and anger in COP’s Facebook group (the post, which was later deleted, is preserved at Erin Fulmer’s blog in the “Little or no care for the author’s career” section; see especially the part of the post headed “The Harsh Reality”, which addresses why some books don’t get ad spends). Over a short period of time that some COP authors have dubbed “Rush Week”, a flurry of rights reversions followed: some in response to authors’ requests, but a number offered out of the blue to authors who’d raised concerns in the group but hadn’t asked to be released (some of these authors told me that they viewed this as an effort by COP to purge malcontents from the company).

On January 7, COP put out a press release about the reversions, initially describing them as “per the authors’ wishes”, but shortly afterward adding a paragraph to clarify that some of the initiative was COP’s. On January 8, the Facebook group was abruptly closed down. (Erin Fulmer chronicles its demise here, in the section headed “Little or no care for the author’s career.”)

Several authors announced their split from COP on social media, without providing details as to why, causing questions and concerns from observers. This is also the point at which COP authors started contacting Writer Beware. Then, in late January, Erin Fulmer published her detailed series of blog posts about her departure from COP. Authors are often very, very reluctant to go public with publisher complaints, whether because they don’t want to single themselves out, fear retaliation and blowback from the publisher and/or fellow authors, or are simply too exhausted and demoralized–but a flood of other accounts followed Erin’s: Megan Van Dyke, SL Choi, Elisse Hay, Jen Karner, Lisa Edmonds, Lily Riley, and more have all chosen to speak out about their experiences.

This unusually public discussion has had an impact. On February 22, COP posted a public apology to authors and readers, with a pledge to implement “systematic and operational changes”. (This is the overshare mentioned in the first paragraph; it was later reformulated in response to criticism).

I reached out this week to Tina Moss with a request for comment. She provided the following statement:

City Owl Press is a small publishing house built by authors for authors. During the past few months, we have been having conversations with our authors to identify areas where we can improve our processes and procedures. We are now working to implement meaningful changes.  

In February, we shared disappointing news about one of our series. We were wrong to announce it as we did, and many of our authors immediately shared their concerns. While we edited the wording, we know the original post lives on in screenshots, and we can only promise our authors that we will do better. 

We have not responded to recent blog posts and social media posts about City Owl Press. Many of the allegations are untrue, inaccurate, or one-sided. Rather than engage in a public argument with these writers, we continue to work to improve our services further, support our authors, and publish their work so that their readers and fans continue to enjoy their talents. 

City Owl Press thanks Victoria Strauss for offering us the chance to provide a statement. As we have not seen the content of her March 8, 2024, blog post of this writing, we cannot comment on specific issues. However, we are open to continued conversation and meaningful dialogue. Our goals are always to work in the best interest of our authors and bring to market the best books for our readers.  

This is an evolving situation (one reason it took me so long to write about it). I’ll post updates as I receive them.

UPDATE 3/9/24: When I reached out to COP for comment, they asked me to share a draft of this post so they could review it. It’s not my policy to let the subjects of my posts vet them in advance; instead, I offered the opportunity to provide additional responses, to be included as updates. Accordingly, COP has provided me with this additional statement.

We want to address the most concerning statement posted in the March 8, 2024, blog post that “payment irregularities” have been associated with our press. That is false.

City Owl Press issues quarterly payments. Sublicensee royalties are paid in the accounting period immediately following receipt. If City Owl Press receives sublicensee royalties late, they are included in the quarterly payment that follows our receipt of said royalties.

Royalties are paid for book sales at conventions and are issued in the quarter following the sales. For example, royalties from the New York Comic Con held in October 2023 will be in the quarterly payments issued in March 2024.

In nine years, we have had two accounting errors, which were corrected, and amended statements were issued. Note: City Owl Press’s Ingram discounts are the standard 40% on all print books, not 20%, as stated in the post. 

UPDATE 3/28/24: As noted above, several authors told me that they received no royalties for sales of their books at conventions. However, in the statement above, COP states that they do pay royalties on such sales. On March 26, COP sent out an explanatory email that reads in part:

Hi! Just a brief update this week regarding conference/live event sales and royalties: As noted during our Town Hall meeting in January, City Owl Press’s payment policy for book sales made during conference/live events was based on net income—ie. royalties were issued after deducting associated production expenses from revenues received. As conferences are quite expensive to exhibit at, there is usually no net income. We previously considered these events as marketing opportunities, not revenue drivers.

 

However, we’re adjusting that policy. This change directly results from our authors’ feedback during the Town Hall meeting, so thank you to all who participated in the call. We will issue royalties on books sold during conferences and live events at net profit—ie. revenue received minus cost of print, taxes, and shipping. We want you to be excited to see your work highlighted by City Owl Press at events. These payments will be made per our regular payment schedule. And, if we sold your books at live events in 2022 and 2023, you’ll receive royalties for those sales in your March payments.

COP’s contract states that royalties on all sales are paid on net income (generally understood to mean retail price less retailers’ and wholesalers’ discounts). But according to the above, they’ll be paying conference sales on net profit (net income less expenses), which makes not just for a smaller royalty, but potentially a more opaque process. Can they really suddenly decide to define royalties differently for a special circumstance?

Well, in a publishing contract, definitions are what the publisher says they are. Here’s COP’s definition of net income:

For all editions and formats, the term ‘Net Income’ shall be defined as the actual proceeds received by
PUBLISHER from all third parties such as distributor, retailer, media outlet, etc. PUBLISHER will not
deduct promotional / marketing costs, overhead expenses, or production costs other than the physical production cost of the WORK when calculating the amount that AUTHOR’s royalty is to be based on

It bars COP from deducting a variety of expenses from “actual proceeds received” for the purpose of calculating royalties…but, wait: “other than the physical production cost of the WORK”. In other words, printing–the cost of which can be deducted. And just like that, “net income” becomes net profit.

I do think that shipping and taxes might reasonably be considered to be “overhead expenses”, though.

17 Comments

  1. Looking to sign with The Writers Tree are they legit, and do you have a list of companies to be aware of.

  2. Jay Bull and I co-write as Phoebe Walker, and our book Mirror Witch was published by City Owl Press and our book Dead Weight was published on the YONDER app via a deal through City Owl. While we have not had “payment irregularities” with our royalties for Mirror Witch, we have experienced what we consider “irregularities” in terms of our sublicensee advance for Dead Weight.

    Our advance was offered to us over the phone by Tina Moss—$6,000 from YONDER, of which City Owl would take a 60% cut. We were delighted by this even with the sizable chunk going to City Owl; as unagented authors excited to have a second book deal for a new series, we agreed verbally, with the contract to follow. However, the contract mentioned nothing in writing about our advance—neither the dollar amount nor the dates of payout—which seemed odd but didn’t concern us overly much since the contract was technically through City Owl. Things definitely seemed aboveboard when we received half the advance just days later.

    We turned in the book in July 2023, with edits completed by August, and we thought we would receive our advance shortly thereafter. When we didn’t, we assumed we would receive it when the book was published on the YONDER app at the end of October. When we didn’t, we assumed we would receive it when the book was complete on YONDER in early December. Then our royalties came in, with no advance.

    When we emailed Tina Moss to ask about it, she said nothing about the advance payment not coming to us until March as part of the regular royalties schedule. Instead, she said City Owl was waiting on the last two second-half payments from YONDER and hadn’t been given a date for payment. Again, that seemed odd.

    After the events of January and the terrible mishandling of the Charissa Weaks statement in February, Jay and I decided to request to get our rights back for Mirror Witch and Dead Weight. We also asked (again) about our “advance,” which was very much now no longer in advance of anything. We were told that City Owl had received money from YONDER “in December and January,” but there was no statement for how the money was meant to be allocated: “Payments were sent without statements, so we are unaware which books the payments are for, whether they’re advances or royalties, or if it is for additionally signed books. Once we have confirmation from them, we will send out payments appropriately.”

    We are not the only City Owl author who has gotten such vague excuses for late advance payments, but we are one of at least two City Owl authors who have only received the delayed second half of an advance after reaching out directly to the source of the sublicense—in our case, YONDER. After three emails to YONDER about the situation, we received the second half of our advance from City Owl Press with no further excuses.

    We’ve talked to several City Owl authors about the status of their sublicensee advances, both for apps like YONDER and audio like Blackstone, and all of those authors have said the same thing—the advances were agreed upon over the phone and do not appear in writing on any contract. That seems “irregular” enough to warrant concern, even without the email campaign we had to wage in order to get paid in the first place.

  3. I am a current City Owl Press author and can confirm that two of the six quarters for which I have received royalties had payment irregularities which were only corrected once I identified them and followed up asking for an explanation and correction. One took almost a month to get corrected. And these are missing payments I could identify with the limited information I have as City Owl Press does not provide access to or copies or retailer sales reports.

    Two of six. That’s 1/3 of my royalty statements that have been incorrect and only resolved once I raised an issue.

    I am the second author to comment here about payment issues, which clearly shows that the City Owl Press statement of two errors in nine years is incorrect.

  4. As one of the former City Owl authors involved with these reports, I would like to say that I have email receipts documenting two payment irregularities in my royalties statements. Both of them were in the last two years, and I was one of the smaller authors with City Owl. While they were rectified when I pointed them out, and I admit it is possible that the two payment irregularities in the past nine years that Ms. Moss refers to were both regarding my books, I feel that is unlikely. Having authors’ complaints dismissed as untrue when they have evidence is one of the reasons I left City Owl, and will continue to speak out so other authors have the opportunity to make informed decisions.

  5. Responding to Ms. Moss’s statement re: royalties from NYCC and clarifying our claims regarding convention royalties:

    On two occasions (both posted in the now-removed City Owl Press FB author group, but of which we have screenshots), Ms. Moss stated that COP authors should not expect to receive any royalties from books sold at NYCC because the press was unlikely to break even on expenses for the con appearance.

    This to me and others demonstrated an apparent lack of knowledge of the difference between “net income” and “net profit,” and would have been a breach of our publishing contract since our royalties are to be paid based on income, not profit.

    I alerted my attorney and accountant to this discrepancy. When my attorney and accountant specified via email that we expected to see royalty information from my books sold at NYCC, which took place in October 2023, Ms. Moss (via her attorney) stated in an email reply only a few weeks ago that those royalties would be paid out this March as part of 2023 Q4 royalties. Prior to that email, I and others had grave concerns regarding NYCC royalties because of Ms. Moss’s prior statements.

    I certainly appreciate that she has stated plans to pay out NYCC royalties.

  6. Here are the changes that City Owl Press has made since January:

    1. Deleting their Facebook groups so that authors can no longer post questions, and also removing all the materials they had made available to authors on how their press works.
    2. Creating one author liaison email for all communication so authors no longer know who they are communicating with and to give themselves plausible deniability with regards to communications.
    3. Turning off comments on all of their social media posts.
    4. Trying to make editors sign an NDA as part of their contracts.
    5. Adding an unenforceable confidentially clause to their email signature.

    Does this look like a company that has their authors’ best interests in mind?

  7. As one of the authors cited above by Ms. Strauss, I would like to counter the claim made by Ms. Moss that “Many of the allegations are untrue, inaccurate, or one-sided.”

    Name ONE, Ms. Moss, that is untrue, inaccurate, or one-sided. My attorney and I have heard this claim from you and your lawyer before (usually accompanied by a threat against me of legal action, including trying to strong-arm me into signing an NDA and then sending me a C&D demand). But EVERY TIME my lawyer has asked you or your lawyer to point to a single specific claim that is untrue, the question has been sidestepped EVERY TIME.

    Every single claim we have made we can prove with evidence and we vouch is true. Erin has evidence for everything she has said. So do I. So do the rest of the authors who have spoken out. We can PROVE we are telling the truth.

    Can you prove you’re telling the truth? Because I doubt it. But I invite you, *once more,* to point to one single allegation made by a current or former COP author that is “untrue, inaccurate, or one-sided.” You can’t.

    You can try to spin this any way you want to, Tina, but you know everything we’ve said is true. That’s why you keep refusing to point to specific claims you think are false. And that’s why you’re throwing around NDAs and C&Ds to try to shut us up…because we are finally telling the truth about the way you run your business and the way you treat authors.

    I await your example of a false statement made by one of us. I have a feeling I’ll be waiting a while…

  8. Wow–I just spent time reading all of Erin’s adventures with City Owl. Thanks to both you and Erin for this most educational post.

  9. “We have not responded to recent blog posts and social media posts about City Owl Press. Many of the allegations are untrue, inaccurate, or one-sided. Rather than engage in a public argument… City Owl Press thanks Victoria Strauss for offering us the chance to provide a statement. As we have not seen the content of her March 8, 2024, blog post of this writing, we cannot comment on specific issues.”

    I wonder how long COP will hold up their gratitude when they realize that you did give them a chance to offer a statement, but didn’t just repeat it without offering the affected authors’ perspectives as well. (I have a feeling, not for long)

  10. “… extremely editorial low rates: $50-$150 for editing depending on word count….”

    That makes no sense; at two cents a word I thought I was “low-balling” my fees for copy editing (at about $37 an hour if I do the best I am capable of). Why would anyone copy edit for starvation wages? The job is hard work. For a non-fiction book, it takes me about 50 hours to do the task well. It is fundamentally impossible to pay someone $150 to copy edit an entire manuscript: no one would do the job for that little pay.

    1. When you need money desperately, you take what you can (why, yes, I have done copy edits for an almost 300 pages ms for $150, and done a good job too). Also, one hopes to get some referrals and build a client list, charging more as one goes ‘up the ranks’ so to speak.

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