Monthly Archives: November 2019

Bad Behavior in the Publishing World

booksI’ve been gone for awhile from my blog, and was going to come back with a tale of what’s been happening in my life. However, with recent upsets in the publishing world, and specifically Canadian speculative publishing, I feel I must speak up as well, for several reasons that will become clear.

In some ways, the world of the small press, even the big mega publishers, is often fraught with financial mismanagement and suspect deals or questionable contracts. The recent events in Canada were about long time Calgary speculative publisher EDGE Publishing and long time Toronto dark fiction publisher CZP or ChiZine Publications.

Bilodeau nigh 5-final

Marie Bilodeau’s Nigh series Book 5

Canada is rather small when it comes to population and even smaller with writing population. Most speculative authors know of each other and of any press that can publish speculative fiction. There aren’t many. Recent complaints by Marie Bilodeau not receiving more than one sales/royalty report and being blocked in other ways with the sale of her book started a discussion about EDGE. It spurred a minor rise up in the SF community and discussion on the SF Canada list, our own pro writers group. I believe the SFC executive managed to help in communicating with EDGE and Marie’s long outstanding case was resolved. EDGE has a reputation of not communicating, paying late or not paying and not getting contracts out on time. I’ve co-edited a Tesseracts anthology and been in various anthologies with EDGE. I was always paid, sometimes a bit late. I have received one contract after the book was published and a signed contract after another book was published. EDGE ran a risk that someone would pull their story without a signed contract and that would have meant the print run being pulled or face litigation. I was however, aware of the issues with EDGE.

When the EDGE accusations came out on SFC, people started mentioning issues they had had. I reported as I did above. This was not ever to say I didn’t believe other people’s reports. In fact, I very much believe them. It was only to report; I wasn’t going to lie. In this way people can determine that 75% of authors working with X publisher reported issues, or 100% did or 2% did. This is an important statistic and in any lawsuit that data would be used to show a pattern. It also indicates if a publisher is going through a tough phase, or if they have a regular habit of bad behavior. EDGE’s reputation is known but not everyone knows of it.

Kurtz

Angel of the Abyss by Ed Kurtz

Then out came ChiZine Publication’s debacle. It’s been all over the web, on people’s blogs, on Facebook and I cannot report it all here. (This will be long enough as it is.) However File 770 will give anyone reading here a place to start. It started with Ed Kurtz’s complaints about rights and payment. It spread like wildfire with many authors reporting no or late payments and statements. Then it spread to allegations of misconduct, of gaslighting, of ostracizing and even trying to break up relationships.

This was extremely shocking stuff, especially because I considered co-owner Brett Savory and Sandra Kasturi friends. I attended their wedding many years ago. I read slush for CZP, did a bit of editing, hosted the Chiseries readings in Vancouver for 2 years, and was co-editor of the online poetry section of Chizine with Carolyn Clink. I live on the West Coast. CZP is in Ontario. I didn’t even see Brett and Sandra once a year and maybe talked via phone once a year. I knew of one fight between them and another friend but that can always be chalked up to differences of opinion or personalities. Other than that, I had no clue. One blog poster has said, “we told you but you wouldn’t listen.” However, whoever the “we” were didn’t tell the “you” that included me or most of SF Canada. It’s hard to “hear” when you’re not part of whatever group is considered the “you,” so in many cases geographic areas of writers might be very well unaware of what is happening elsewhere. Perhaps Ontario authors knew but most of us did not.

Yes, I was shocked. I was disturbed and I lost sleep over it. I read many of the posts by Michael Matheson, Sam Beiko, Helen Marshall, Beverly Bambury and others. I know most of these people professionally; many of them worked for CZP, and I have talked with them in the past. I was so surprised, but I believed their statements. Unless there is a mass conspiracy, I would have had to stick my head in the sand to disbelieve the sheer number of complaints. There may be nuances to tales that haven’t been revealed. That, I don’t know.

What ensued next was just as disturbing to me. I posted on SFC, probably within the first 24-48 hours of the wildfire, stating I hadn’t seen this behavior, only what I had worked on for them, but that I was also on the West Coast and was not physically in the vicinity. Again, as with EDGE, I only posted my experiences; I didn’t lie. I also said, let’s see what they post about these allegations.

Immediately I was attacked and accused of ignorance, of negating the other reports and god knows what else. I stated again, that even in a court of law the accused gets a chance to speak. I reiterated that this did not mean I didn’t believe the statements. What ensued after was not pretty. Messages came out indicating that if you didn’t say anything then you were against the maligned authors, pretty much the black and white “if you’re not with me, you’re against me” belief. People were attacked, just because they were men or because of some statement about publishing or rights or this or that. If this were a street brawl there would have been bodies. There were members with their own agenda or trauma who will always see every statement through that particular lens. There were others who deliberately tried to misconstrue every comment, who intentionally dug into every word so that they could rise up in righteous anger. There was no asking to elaborate, just harsh judgment and accusations. Other people raised the torches and pitchforks. Some handed out blanket judgments of everyone on SFC or of this group or that group. Some people left the list. I’m sure some people unfriended me on Facebook. I don’t know so I can’t be offended but if deliberately misinterpreting my words is the way to go, then I don’t need them reading my posts.

What I did do was stop posting. After all, I was attacked once. I would now be seen as the enemy and attacked again. With the trauma and grief I’ve dealt with in the last year, this was triggering me and that’s partly why this post has come out several weeks after the initial event. I might never post again on SFC. I might let my membership lapse. I don’t know but I certainly don’t feel safe posting anymore. That’s a lot of fallout over one publisher and a lot of evidence of things that need to be fixed.

Burning-book-mrtwismBut are EDGE and CZP the only two publishers who have indulged in bad behavior? And is it only Canadian publishers? Absolutely not. I’ve experienced it myself more than once, from big companies to small.

I wrote articles for magazines called Best Whistler and Opulence. The first never paid me. The second was so far behind or just not paying writers that the writers rose up in force, contacted advertisers and formed a class action lawsuit. I helped get everyone in contact. I had played my cards close, having been burned by Best Whistler, and never let the amount they owed me get too high, also leaving enough time in between articles that they would often pay. Though before the mass uprising I had to threaten a lawyer to get my money and then leave. For that reason I didn’t join the lawsuit as I had no outstanding payments owed.

Even before that I used to copyedit for NY book packager Byron Preiss. They sometimes did work for other publishers and I was copyediting four related books in a faeries series. It was cancelled I think after book II but I’d copyedited book III. I spent a year fighting with them since they were arguing over who should pay: Penguin or Byron Preiss. In the end, I had to threaten lawyer to get less than $500 measly bucks. One of the biggest houses in SF exhibited disorganization when they lost not one but two copyediting tests I did for them.

Then there was Zharmae Publishing. Never heard of them? I’m not surprised. They were new. They gave me a massive contract that asked for all rights in perpetuity throughout the universe. Yes that was the exact wording. I sent them a sample of the SFWA contract. I figured they were earnest but misguided; we haggled the contract. “Tower of Strength” came out in the Irony of Survival. The true irony was surviving as a writer. I’m sure maybe eight people bought this anthology. For over a year after publication they never sent me my copies and they literally said the cheque was in the mail. The payment was $100, not very much and they knew it would be more expensive for me to get a lawyer.

What they didn’t know was I had a friend who was an entertainment lawyer and for free he had his assistant draft a letter. In 24 hours I had my pay but they still tried to wiggle out of the books. I had those in a week. These are just my stories of dealing with publishers. Publishing houses can still mismanage their operations, either intentionally or out of inexperience and bad business practices. I had other publishers disappear into the dark of night without ever responding on submissions or acceptances. That’s almost par for the course these days.

More recently I was invited to write for an anthology that was royalty based. I’ve not done this before and I will never do it again. There was no editing done on the stories and the publisher never gave any royalty reports. I never received a penny, or a hard copy of the book, only a PDF. I’m sure any sales that were done with the minimal marketing went to the publisher, and the editor who did nothing to deserve payment. But…I am unable to complain about this publisher. This is a case of me being a small pea in a pod, with little clout, not known well, and the publisher being a very well known member of a large organization. I don’t feel I would ever be heard or believed in such a situation. How does one complain to either SFWA’s or HWA’s grievance committees knowing that this person will probably have wind of it and that it could end up getting me ostracized in the writing community.

I need to mention that lawsuits and grievances have probably happened to many bookof the big publishing house’s. you don’t always hear of them because of NDAs. After all, entertainment lawyers make their money interpreting and looking for loopholes in contracts. Sometimes the publisher is to blame but sometimes an author can be to blame as well. There are notoriously difficult writers. If they’re famous enough, publishers will grin and bear it, but if they’re newer, then authors might be booted to the curb. It’s good to remember that not every complaint on any side may be founded and that it’s always best to hear both sides of the story. I believe this fundamentally, even in the workplace.

This is the power publishers and editors hold over writers. We want to be published. There’s more of us than there are spots to fill. People will often be paid peanuts for massive rights grabs by the publisher. The publisher can blacklist you. Big and well-known publishers and editors can spread enough word that you are a difficult author so that no one will touch you. It could be game over for whatever sales we can get. So yes, I’m still the victim of some publishing bad behavior that I cannot report on. And my rule is to always try to treat everyone kindly because you don’t how it can come back to bite you on the ass.

I’ve become more and more cautious and don’t get caught as much, and I’m a barracuda in going after my rights. I don’t care if I have to nag. I will keep on. But we don’t always know when a publisher might change or a new publisher might just forget to get contracts out or runs out of money. Even vigilance can’t save us all from getting caught.

There are various writers organizations such as the Writers Union, HWA, SFWA, etc. that can go to bat for authors but if one is not a member it’s not as easy. And as I’ve shown, membership won’t necessarily save you. There is no easy solution to all of this. Sometimes an author thinks they’re the only one that has the issue. I guess all we can do is communicate better, to grievance committees, to each other and listen calmly. We should be trying to hear all sides and not leaping to conclusions and condemnations without weighing everything. The era of social media means that judgment can come without knowing the facts. I just know I do not have the energy to be attacked by someone’s perceived assumption about my words. Try asking for clarification first. And publishers need to have better business practices. We’re probably going to end up with a gap in Canadian speculative publishing, which is already very slim. I guess we’ll see what the future holds.

 

Leave a comment

Filed under news, Publishing, SF, Writing