Showing posts with label contracts. Show all posts
Showing posts with label contracts. Show all posts

Friday, July 24, 2015

C'mon iTunes ... let's hug it out.

You know how when something is unjust and you are helpless to be heard or make a change and you just flail and flounder and rave at the fates and blog about it?

I woke to this very welcome email from the (now) lovely people at iTunes Legal/Notices. 
-----------------------------------------
Nadine Doolittle
Jul 22 (2 days ago)

to Erin
Hello Erin,
Can you confirm if any progress has been made on removing this title from iTunes Store?

https://itunes.apple.com/us/book/the-grey-lady/id560171274?mt=11

The rights have reversed to me. I have since republished it and cannot promote or sell the book with this previous edition still being offered for sale on iTunes--in direct violation of its copyright. The literary agent for this work hasn't received a statement of earnings from iTunes nor has the original publisher.

What is going on? Why the delay?
----------------------------------------------------------

iBooks Store Notices
7:39 PM (11 hours ago)

to me
Hi Nadine,

We will be removing this title from the store today.

Best,
Annie
---------------------------------------------------------

iBooks Store Notices
8:17 PM (10 hours ago)

to me
Hi Nadine,

i can confirm that the book has now been removed.  If you still see the book, it may be a caching issue which will resolve itself within the next few hours.

Best,
Annie
-------------------------------------------------------

I can stop muttering incantations of doom every time I see a Watch commercial! My teeth will stop grinding in my head! I am filled with love for all things Apple! A reservoir of good will toward all men has been opened in my bosom! 

(I never hold a grudge because grudges take work to nurse and I'm too lazy.)

Thank you iTunes! Have a great day!


Tuesday, July 21, 2015

Apple Piracy Policy. Um, Really?

This is from their website:

"Apple actively and aggressively enforces its intellectual property rights to the fullest extent of the law. If you have any questions concerning piracy please fill out the form below."

Okay, so like I have a question? Um, I filled out the forms ... like so many forms, dude, and like no one has responded. So, like, are you sure about this piracy policy-thing of yours? Because I received word this morning from Amazon that my novel The Grey Lady is still being sold at $9.99 in the iTunes Store despite six DMCA notices filed, emails, forms filled out and complaints filed in that hellhole they call "Support."

Get this:

I thought I would give Apple the benefit of the doubt, you know? Maybe the page was a dead link, right? So I decided to try and buy the book myself. First I had download iTunes but my computer is too old, so iTunes Download told me to piss off.

Unable to check if the book was available for purchase, I was reduced to asking Amazon Support if they could check for me. (Let that sink in for a minute.) They emailed me this morning to say they checked and the book could be purchased.

Two years later without account statements sent to the agent or the original publisher. No royalty statements. No legal right to sell the book.

So to recap:

"Apple actively and aggressively enforces its intellectual property rights to the fullest extent of the law."

Apple is aggressive with pirates of their intellectual property. They could give a shit about your intellectual property. And when they are the ones doing the pirating, its a case of Fuck You.

Class dismissed.

Thursday, July 2, 2015

iTunes Legal, Are You Listening?

Dear iTunes Legal Department,

I'm not entirely sure you exist. I filled out forms online and hit Submit but for all I know that could just be a big placebo button to keep us hoping someone will actually do something.

Here's the thing.

You have my book The Grey Lady as it was published by McArthur and Company in 2012 still up for sale in your iTunes Store and I'd like you to remove it.

https://itunes.apple.com/us/book/the-grey-lady/id560171274?mt=11

See, boys ... (gosh this is awkward) it doesn't belong to you. It doesn't belong to McArthur anymore either. It belongs to me now and has since June 2013. McArthur and Co. gave it back when they closed their doors.

It's been three years. I've asked you nicely (July 2013 and August 2014) to remove the book from your store as

1) I don't receive royalties on it
2) I've published the book myself
3) I want you to

And just like the darling hipsters you are, you still haven't done it. I assume you are too busy believing your own hype to deal with copyright infringement. You still have that shitty interface for customers/authors/the great unwashed to file their complaints into the Apple Buzzkill Cloud where they can be ignored.

This is the response I received after filing a Copyright Infringement Complaint with Apple Legal:

Thank you for taking the time to contact us.
If you do not receive a response from an Apple employee, we regret that we are unable to process your request. Please note that due to the high volume of requests we receive, this may be the only other reply you will receive from us.
We appreciate your interest and consideration in contacting Apple.
Best Regards,
Apple Legal
Copyright Team

Cheers you fucking assholes. Now get my book out of your store.


Thursday, January 9, 2014

David and Goliath - An Author Fights Back



In September 2013 I discovered my first novel, ICED UNDER was being sold on my former publisher's website three years after my rights were returned to me due to breach of contract.

After a long, often absurd exchange of emails in which the publisher admitted he did not hold the rights to my work or of a few others on his site---nor did he intend to provide royalty statements for the books that were sold, nor did he intend to apologize for the piracy of copyrighted work--the website was abruptly pulled this morning and a new one installed in its place.

He claimed no books were sold and demanded I take his word for it. Hmmm. In my experience, the man who cannot be trusted with little,  cannot be trusted with much. My debut novel was a little thing to him, but ICED UNDER was a big thing to me. I had to fight for it. He accused me of being vindictive. I was not nearly as vindictive as I wanted to be or was capable of being. Hell hath no fury like a writer scorned. He should count his lucky stars that the website was pulled this morning and not 24 hours from now.

The contempt I was treated with during this battle was one thing. It will interest and amuse writers in Canada to learn that this publisher received $65,426.00 in government grants in 2012/2013. It amused me at any rate. I can't get a government grant to write. I have to prove myself first.

Or do I....?

Hey! Why not buy a website, attract a bunch of authors to contract their work to me, and then throw their books out there without editing, proofreading, copy editing and wait for the government grants to start rolling in?

I couldn't do it. No right-minded person could. I like writers and their books, the printed word and trees too much to make a hash out of publishing from laziness and greed as Ashis Gupta of Bayeux Arts Press did.

So there it is. Now you know. Not a happy ending but an ending. The next time I speak of ICED UNDER, (and I will) it will be under happier circumstances.

Tuesday, February 8, 2011

The Fat Lady Sings

My name is Nadine and it has been 3 months and 8 days since my last post.

I was waiting until everything was signed and finalized before I said anything, and that day is today. McArthur and Company has signed me for a two book contract. ICED UNDER and THE GREY LADY will be released by McArthur&Co this Fall 2011.

I'm honoured to be published by one of Canada's largest publishers. They have an amazing list of authors and I will be among them. I cried when I got the news. I'm not ashamed to say it. I bawled like a 9 year old girl meeting Justin Bieber. I wish I had it in me to pepper this post with exclamation marks. You'll have to trust me. I'm excited.

For those interested in submission-to-contract timelines (aren't we all?) here's how it broke down in my case:

Feb 2010: Queried 4 agents via snail mail re: The Grey Lady.
April: Received 1 request for the full, 2 nice rejections, 1 no response.
July: Queried 4 more agents via email. Received 3 requests for full, 1 no response.
August: Signed with U.K. agent Diane Banks Associates Literary Agency
Nov: McArthur and Company makes an offer. We accept.
Feb 2011: Contracts are signed and sent Priority Post.

One year.

But worth it. Worth it to secure a talented agent and to have the publisher I've always wanted, right from the beginning. Worth every nail-biting minute of it.

I am a writer. The fat lady has sung.