(no subject)

[erastes]

I'd like to say something regarding certain matters that have been happening recently on the EAA.

I am, as you probably know, Director of the Erotic Authors Association. It's not the biggest association in the pond, and it's free to join. There's only me mainly, running it, although other web presences are maintained by Jolie de Pre and James Buchanan. I have some admin assistance and a lot of support from Gehayi. I am attempting, by galvanising the networking group, getting articles published on the site, and attracting new members to breathe new life into it.

I'm also trying my best to do right by the members. So when someone approaches me with concerns over a publisher's contract I am duty bound to look at it.

I am not, nor have I ever said I am, a lawyer or a solicitor. I am a "paralegal" only. I have half a qualification. (Ilex Part One) This doesn't mean that I have dropped out, but it does mean I need at least another year of night school to be a qualified Legal Executive.

That being said, I have done a lot of contract law, and I work with Agreements and contracts all day. I can see when things might not be as written as well as they might. The contract in question needed revision and I said so: to the publisher themselves and to EPIC (no response). I also asked for a second opinion from those more qualified than I - a contract lawyer at work, Preditors & Editors and Piers Anthony - All three concurred with me. The contract needed revision and should not be signed as is. I therefore advised the members of the EAA accordingly.

I have been criticised for doing this by a third party - even though the publisher itself has been professional and polite in their response and has said that they will amend the contract and will forward me a copy when that has been done, which I greatly appreciate.

I stand firm on my actions. As Director it's my job to investigate and to advocate on behalf of my members - and if - as has happened in this case - it improves matters - then I've done the right thing.

Comments

[cbpotts.livejournal.com]

As a member of the EAA, a working author, and someone with more than a passing interest in contract law, my thoughts are these:

Any one can offer advice. Advice that comes from informed sources is obviously more valuable, and the more we know about the qualifications of those offering the advice, the more we as individual authors can exercise our individual judgement whether to follow the advice or not.

For example, I have the good fortune to know some colorful attorneys. If one in particular advised me to run out of a burning building, I will still have to stop and consider if that was in my best interest or if there were other factors I was unaware of at work.

That being said, at the end of the day, the decision to sign or not sign a contract is an individual one. One would hope that authors would make wise decisions, but it's clear that the onus of decision making is upon the individual.

I would draw the line between advising and advocating, however. Advising means providing me with information to make an informed decision, whereas advocacy by its nature shifts some of my decision making and enforcing power onto someone else.

I applaud the move to better inform writers, especially regarding contract law. However, I think entering the advocacy arena can be a mistake and would offer my own advice to proceed cautiously.

[electricandroid.livejournal.com]

I see stupid people don't stop existing. Ever.

Arrgh.

Hope besides that all is good - going to be in your neck of the woods next week, shovel (I kid you not), concrete, and building walls.

I am, to put it mildly, disturbed.

[electricandroid.livejournal.com]

In other news, the EAA is banned by work filters. Strange. They ban by high bandwidth here, so I'm dead curious as to why it has been pulled!

[leatherdykeuk.livejournal.com]

You did right. I watched the discussion but have no knowledge on the subject.

[storm-grant.livejournal.com]

I think you're providing a fine service. Bringing a contract under scrutiny isn't the same thing as persecution. If it can't stand up in the light, well...

I think if we are seen as a strong, cohesive group, we'll get better treatment by publishers than if we are seen is individuals, many of us without any legal expertise.

Finding an agent and a lawyer who specializes in book contracts are moving higher and higher on my list of priorities.

Thanks,
~ S.

[sithdreams.livejournal.com]

My criticism came from this, erastes: You did not, in fact, get opinions from those third parties before you summarily removed the publisher from the EAA. You removed them FIRST. You jumped the gun.

Before talking to the third parties, you should have spoken to the publisher first and gotten their side. You certainly should have done so before posting publicly about it. In my opinion, you handled it wrong.

The industry is in a tailspin at the moment, and people are in cya mode. The contract - not to mention practices - of this other, former publisher were ALSO questionable, and though people complained, nothing was ever done. Now I fear that the organizations are overcompensating for their prior mistakes.

Did I criticize you? Yes, because I think you handled it incorrectly. Was I rude to you? No. Stand firm all you want, I hope you do. But perhaps you should consider the process as well as the end result.

KJ

[ameliajune.livejournal.com]

Well I was glad for the heads up even if it hadn't panned out. It is nice to be warned that "something might be off, check it out" at any epub. Too many go under. I think you did the right thing.

[rwday.livejournal.com]

Why is this an issue? You're not telling anyone they can't sign with this publisher, just maintaining some standards for professional members. People who are upset with you over this ought to go over to the SFWA and look how tough their membership requirements are. EAA is a piece of cake in comparison.

Keep up the good work - contracts are tricksy little buggers, and I'd wager that most first time authors signing with the smaller houses don't consult lawyers.

[sithdreams.livejournal.com]

If something in there does, then yes it should be addressed. But while we in e-pub take on the much-needed responsibility of policing our own industry and holding our peers to higher standards, I do trust we can avoid going to the opposite extreme of witch hunts. Perhaps the EAA can set up a standard set of protocols in dealing with future complaints regarding publisher ethics?

EXACTLY.

You ...

[vashtan.livejournal.com]

... have behaved flawlessly. Fuck the naysayers.

(Undank ist der Welten Lohn - which means Non-Gratitude is the world's payment [for what you do]). Screw'em.