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Trouble at Tate: Could it be End of Days for America’s Most Prolific Vanity Publisher?

NEWS FLASH: on May 4, 2017, Oklahoma Attorney General Mike Hunter filed eight felony charges and one misdemeanor charge against Ryan and Richard Tate for alleged fraudulent business practices.

Most recent news is at the bottom.

Since putting this post online, I've received dozens of questions about whether there's a class action lawsuit against Tate. To my knowledge, the answer currently is no. I don't think that's the best option, anyway, because given all the complaints by authors and staff of non-payment, not to mention the two multi-million default judgments, I'm guessing that Tate has few resources to tap for restitution.

Small Press Storm Warnings: Torquere Press, Caliburn Press, Month9Books

Header image: dark, stormy sky with lightning flash (credit: Den Rozhnovsky / Shutterstock.com)

A roundup of publishers about which I've recently received serious complaints (all of them documented).

TORQUERE PRESS 

Before the change in leadership, Torquere had been trouble-free (or at least, not generating author complaints). It didn't take long for that to change. In early 2016, a little more than a year after the new owners took over, reports began surfacing of royalty payment problems. More reports showed up over the summer, even as Torquere participated in Twitter pitch contests to find new manuscripts. Also during the summer, Kristi Boulware was arrested on a hot check charge, allegedly after payment to one author bounced. (UPDATE: the charge was dismissed on December 13 after Boulware posted a cash bond of $10,150.50.)

WriteIndia Writing Contest: When a Contest Sponsor Changes The Rules

I harp a lot here on how important it is to read the fine print--in your publishing contract, on websites that host user content, in literary contests. Sure, it's tedious, especially if couched in lengthy legalese--but skipping this step can result in unpleasant surprises.

What happens, though, if the contest sponsor changes its guidelines while the contest is still in progress?

Major newspaper, eminent writers, publication--what's not to like? Thousands of writers entered the contest. The final slate of winners was announced July 15 on Twitter, prompting this question from one of the non-winning entrants:

How Publishers Abuse Termination Fees: Sky Warrior Books

I've written before about termination fees in publishing contracts: why they are bad not just for authors, but for publishers, and how publishers can abuse them. Here's another case study in how termination fees can become a tool for retaliation.

Sky Warrior Books, "a press dedicated to publishing quality SFF, mystery, historical fiction, paranormal, nonfiction, and other genres", is run by publisher and author Maggie Bonham (who also writes as MH Bonham and Margaret H. Bonham). Among the lesser-known authors on its list, there are several books and anthologies written/edited by established SF/fantasy authors.

Sky Warrior's contract--which is problematic in a number of respects, including vagueness in the royalty language--has not one, but two early termination fee provisions:

“Cutting Lists Isn’t New”: Q&A With Month9Books Founder Georgia McBride

Last week, as I was researching my blog post on the troubles at YA publisher Month9Books (which recently reverted rights to 40-50 authors amid allegations of non-payment and other problems), I reached out to owner Georgia McBride with some questions. Her responses are below. (You can also read McBride's interview with YA Interrobang, which published a long article on author and staff allegations.)

VICTORIA STRAUSS: Your email to authors [about the rights reversions] mentions that you fired an accountant who created problems for Month9, including missing and incorrect payments. Can you tell me more about what happened, and what steps you're taking to address the problems and ensure that staff and authors receive payments due them?

GEORGIA MCBRIDE: I can't say more than I have already said about the accountant, and really, I prefer not to focus on him. What I can tell you is that I am working to get everyone caught up and paid in full who is owed a payment. From the many books ​we've published, there are only about 7 or so outstanding payments actually due at this time. We've managed to get mostly everyone paid since the author email was sent.

Month9Books Scales Back Its List Amid Allegations of Nonpayment

On May 20, Publishers Lunch broke the news that Month9Books, a well-regarded and apparently successful publisher of young adult and middle-grade fiction, was scaling back its list and reverting rights to "40-50 authors across all imprints". In an email to Month9 authors sent the same day, company founder Georgia McBride cited her own health problems, along with staffing issues and the company's "substantial growing pains" over the past six to nine months.

The announcement set off a small flurry of conversations about the publication and about small presses overall, with many wondering how McBride could afford to acquire new works if authors were complaining about loyal or absent royalty payments.

McBride ignored speculation and turned her attention towards working – even as authors on Twitter began to discuss how lack of payment was a recurring problem for the company.