I hope that this is a cure for blinding greed.

God bless Miss Snark, and the folks at Writer Beware, because otherwise young whippersnapper writers like me would go broke. ^_^

Le mot juste might be liable as: AuthorHouse found liable.

If Brock had gone to Lulu, could they have been held liable?

where are the lines drawn for liability between publisher and author? I thought publishers were exempt from getting sued if their bomb-building book contained an incorrect formula and a reader blew their arm off. Did I miss something?

I'm sure that Patrick and Teresa can tell us more than anyone needs to know about the liability of US publishers for defamation, but it seems to me that Autrhorhouse walked right into this one, in what might almost be a Wile E. Coyote moment. Publishing a book the author tells you another publisher suspected of being libellous is like strapping JATO rockets to your roller skates.

Yup. We can't be sued for giving bad advice, as Greg London observes; but it's easy to make a case for libel. Cases have been successfully pursued when all the house did was send out a half-dozen copies of the manuscript to solicit advice about whether the contents were actionable.

The law hasn't yet gotten around to addressing the fact that it's now possible to publish a book without reading it. I don't believe printers and binders are liable for the content of the books they manufacture. I find it very amusing that the basis of AuthorHouse's liability (and possibly PA's as well) is their claim that they're real publishers.

Loath though I be to contradict our hostess (and willing though I be to contradict everybody else) one of the leading cases is Chilton - once upon a time Chilton Books as publisher advised using a screwdriver as a prybar to remove freeze plugs. Of course it was held out to be a book of expert advice by experts on how to do things with substantial puffery. Still I'd expect the precedent to be solid where applicable.

As I trust everyone knows a screwdriver should never be used as a prybar - ranks right up there with hitting one hammer face against another hammer face as hardened parts are more brittle. Chilton lost

See also Paladin Press on how to be sued for selling a book on how to be a hitman.

The Poor Man's James Bond is of course full of bad advice - I'm pretty sure the whole question of whether some authority sought to poison anarchists with the Anarchist's Cookbook has been discussed hereabouts.

Man, talk about the best of all worlds. You get money for being the victim of libel, AND the libel is vanity-press published, so nobody's actually even seen it.

This is a bad precedent that threatens First Amendment rights.

You may not like vanity publishers. Still, if a publisher's business model is that they will print whatever someone wants as long as they get paid the materials cost, distribution cost, plus a profit, then shouldn't they be treated as a common carrier? Do you think an ISP should be able to get sued for libel because of statements made by one of its subscribers? I don't see how this is any different. The law should not encourage people to be spies, especially where it would have a chilling effect on free speech.

I'd just as soon junk libel laws entirely. It's so difficult to win a libel judgment in most cases that it's virtually a crap shoot. Rush Limbaugh has the dirtiest mouth on radio - how many times has he been sued for libel? Most libel cases I see involve rich and powerful people who want to shut up their critics.

Firebug, the business model you describe isn't publishing, it's printing. If AuthorHouse hadn't claimed to be a publisher, they wouldn't be liable for issues related to content. My understanding is that AuthorHouse's mistake (legally) was in purporting to be a publisher - i.e., to exercise some selection about the content printed - while behaving as a printer.

Rush Limbaugh hasn't been sued for libel because libel is only written slander.

I think that, so long as we have free speech, we have to allow people to seek redress for speech that is false and harmful.

Many of those individuals do get sued for libel or slander as the case may be. Many of them lose or settle out of court. The problem is that the damage has already been done by the time the courts get involved. If there were no libel or slander laws, the media would be safe for virtually no one.

I love Ms. Brandewyne's name, it suggests whole realms of possible pen names. I shall be Gwathló Lune, or perhaps Ringló Morthond.

Niall McAuley: How about Tharbad Greyflood?

Tinfang Warble?

/*I thought publishers were exempt from getting sued if their bomb-building book contained an incorrect formula and a reader blew their arm off. Did I miss something?
*/

the hitman affair

*splrt*

When Teresa jests, keyboards die.

Martini deWinter
(Sophisticated tales of the poorly imagined rich, like "Footballers' Wives" but, you know, hot.)

Maxine Ginsling
(Exoticish-locale adventures featuring two-bit Bogarts, one-bit Bacalls, and debituated Lorres.)

Danvers* Fabrique-Chaudiere
(Decadent stories set, as the cover says, "on the very fin of the siècle," in a Paris as real as any in Nevada. Phantoms optional.)

Scrumpy Manderley
(Clean but honest peasants doing clean but honest things amid the manicured fiefs of the suburban Middle Ages. Magic depending on which way the wind is blowing.)

*pron. "Dahn-VAIR."

Nicole: Does this mean you hadn't heard of Tinfang Warble before?

AuthorHouse is nothing BUT a bunch of Predators and they deserve every lawsuit against them that anyone could EVER file. I had one book with them mistakingly once. They were TRULY all about getting the money. They lied to me about having read mine before publishing it, although mine contained nothing that would hurt anyone in a lawsuit, but it was selling just a FRACTION of what it sells now. Authorhouse cancelled my contract on a DIME, when I questioned them about my royalties in 2005. I had sold over 1,000 books this one week when a school ordered them. The books were $26.00 a pop, and Authorhouse sent me a check for only $98.00. When I asked them where was the REST of my money, their story was that Authorhouse was NOT set up to pay me what I was "supposed" to get when it was supposed to. They cancelled my contract, send me an additional $100.00, and I never heard from the assholes again. I am GLAD to hear that they lost $200,000.00 to that writer JUST last year. Happy for "everyone" who has the opportunity to sue this messed up place. They have hid under more names than the law allow. I have NEVER received the full royalty checks that I were due. I have a different Vendor that puts my books out there now, and I am making ten times the amount that I was with Authorhouse. I recommend these VAMPIRES to No One. As a matter of fact, I spend my days telling this story and advising everyone I come across NOT to utilize these people. That woman sued the right people. Sue them again, and bring their asses down!

Sounds as if the DC author did not understand the agreement. I have published with Authorhouse and they have been very dependable for me. ALL publishers are in business to make money. If not why would they still be in business?
At the end of the day you find that many authors on these sites that complain about their book NOT selling is typically because of 3 reasons:

1. The book is crap.
2. There is not a marketing plan in place.
3. Lack of funding for marketing.

Unless you are able to show you have a market for your book you will never receive substantial support of any publisher.
Also I hate it when folks say that Authorhouse is not a publisher, because it is and it is NOT a printer. If you look at the definition of both terms you would be pressed to define them as a printer.

I have not read the case notes from the judge....has anyone? I do know that Kansas has an odd tort law in place about libel. So if the case was not in Kansas would the outcome be different.

Re. 21: You know how when you wash a bunch of socks and the number you take out of the dryer at the end is never equal to the number that went into the machine at the start?

I think I've figured out where they go.

In case Move on isn't some kind of footware, if condition 1 is the reason the book isn't selling, the publisher needs to hire a better editor either to reject the crap or to improve the manuscript before it becomes a book. In cases 2 and 3, they just aren't doing their job. So if we accept your assertion that AuthorHouse is a publisher, they clearly are not a very good one.

I agree with the last person, AuthorHouse is actually one of the few publishing houses that is not just a printer, they are run by authors, who understand the writing business.

This has been very interesting. I have not had experience with AuthorHouse, but have read about them. It is in the same boat as PublishAmerica, which I have dealt with in recent years. (Currently, they agreed to revert all rights back to me, the author)

A vanity publisher is a vanity publisher regardless what they claim to be. Self-publishing should never require an author to "sign away their rights" with an authentic publishing contract! Publishing Houses are not vanity publishers.

Preditors & Editors is a great source for learning the good, bad, and the ugly about publishers, editors, agents, etc. They give great advice and links to find your way around in the dark world of publishing.

After many hours (years actually) of researching while completing my novels, I have boiled the cabbage down to two options:

l) Seek an agent and thus if good enough, shoot for the stars (REAL Publishing Houses)

2) Become a publisher - pay a printer to print your book; retain all rights; learn how to market, sell and distribute your book. Spend all your time trying to sell the first novel and forget about ever having the time to write the next one.

(just a note on the second choice: better begin putting away every dime you can because it is NOT a cheap choice)

In response to comment #22- AuthorHouse is a SELF PUBLISHING COMPANY. They do not help authors improve their manuscript. They do not market the book. It's a publishing company for people who feel like actually doing the leg-work to make their book a success. So, in other words, if you're looking to partake in a get-rich-quick scheme and think "hmm, self publishing, that'll be easy" and slop together some awful children's book, thinking the public won't know the difference between a good children's book and garbage, then yeah. You'll hate AuthorHouse. If you've spent more than a month writing something you're proud of that can appeal to the public, know anything about marketing and can actually invest your time and money into marketing it, then you'll love this self-publishing company.

People just expect the publisher to carry them through the process and hold their hands until their book is a best seller. Some traditional publishers do. AuthorHouse doesn't. If you're not serious about actually devoting yourself to a quality book and to marketing, then do not choose a SELF PUBLISHING company.

WTF indeed, matey. No editing, no marketing, why on earth would you call that a publishing company? Writing is not so easy a job that I would advise people to take on marketing, proofreading, editing, and accounting as well, on the same book.

You may not realize it, but there are actual professional writers hanging out here; they know what publishing companies do, and it does not involve the publisher holding their hands and magically making it a best seller.

It's kind of suggestive how this ancient thread keeps drawing in pro-Authorhouse comments, explaining how it isn't a bunch of crooks.

Yes, self-publishing is a lot more work for the author, and there can be a bit of vanity in the author's motives. But self-publishing doesn't require you to do business with crooks.

I'm tempted to get a printed copy of my NaNoWriMo book, just because I can, but it'll be an honest print-on-demand deal, for printing something that I hope is half-way competent.

And the only way I'd want to touch Authorhouse with the proverbial ten-foot pole would be by dropping it from orbit.

I've had a contract with authorhouse for a while. Short and sweet advice for anyone looking at self-publishing: avoid AH!! They are fantastic before you sign your contract, but have the amazing skill of being hard to get in touch with once they have your money. The quality and attention to detail of their 'designers' is beyond a joke. Save your money. Go with Lulu or someone else instead!

A lot of you have bad things to say about Author House, I'm glad I did my research before signing up with them. Can anyone give me some advice on where to actually go to get a children's book published? I have no illustrations at all. While I can write, I am not gifted in the art department.

Can anyone give me some advice on where to actually go to get a children's book published?

Go to a bookstore. See all those books on the shelves? Find ones like yours. See who published them. Get those publishers' guidelines. Follow the guidelines to the letter. If the guidelines say "agented works only," find out who represented those books and submit your work to those agents, following the agents' guidelines to the letter.

I have no illustrations at all. While I can write, I am not gifted in the art department.

That's good, because usually the publisher wants to pick the artist. NOTE: You do not pay the artist, the publisher does.

Meanwhile, you might want to hook up with SCBWI, and you'll definitely want to start working on your next book.

Can anyone give me some advice on where to actually go to get a children's book published?

In addition to what Jim posted (he's a published author, I'm not) your local library should have a copy of Writer's Market for recent years.

Check it out from the library - or buy a copy if you're so inclined - and you should find in it specific sections on a wide variety of genres, who publishes them, and how best to submit manuscripts to those publishers, including (I think) a section on children's books. You'll find that a much cheaper and more useful investment of time and money than getting pulled into a fraudulent vanity publishing house.

Thanks guys, that's a great way to start. I have 2 books to be what I consider completed and am working on a third now. I've been writing them for my daughter and she loves them so I thought maybe other children would as well. Hopefully you'll see me on the shelves at some point!

Remember, from an author's point of view, publishing is a long, slow, and frustrating process. Don't get discouraged.

Is this site still alive ? I am with authorhouse now and have had a pretty good publishing experience with them; they took my manuscript totally apart and red-lined it, did not bother my pride at all, but it did produce a good book, very professionaly done end result, one problem only with them, they promised me five extra books
upon my commit to them, having a problem now getting them; word of mouth is not good business,
other than that, they have been pretty up on all
my contacts, I searched the net with a fervor until I found someone I could trust and put confidence in, my book is out and about the net and book stores even across the pond[ocean]if you are not a noted author, you just have to do your research, Lulu and PA I don't reccomend at all.

clarence puckett: this site is "still alive"

How much did your book cost? What would it have cost through Lulu.

How many copies has AH sold, to anyone but you?

I Had a book Published at Authorhouse over 6yrs ago and I'm still waitng for them to make it,
When I think of the back money in royalties!

My book has only been out since June the 24th this year[2009]I expect it to do well; optomistic,
I didn't bother with the other publishers, their names did it for me[lulu]PA, I am sure packages would have been about the same or there would have been additional add-ons and maybe poor quality, I have had nothing so far but good comments on the quality of my book, given away about twenty copies, no negative input so far, it is hard to break into #1 spot as a beginning author, but just maybe it will happen; it is on anywhere in the world that Amazon is and Australia
book stores,UK, Japan, Germany, France, Barnes and Nobles, Borders, trying to get Costco to carry it now and some Christian Book Stores, I have put it on all my websites and Twitter, Facebook, given half of my givaways to people in my church in hopes they will share it and tell others about it.

Clarence Puckett is either very naive or working for authorhouse.

And isn't really on good terms with the Muse of Language, or at any rate the Muse of Punctuation.

Sorry Fellows; I don't work for Authorhouse; what I have shared with you is truth; they have been fair to me and so far honest; I gave out about 20
of my free copies and all I have gotten back is good reports so far, I welcome any criticism, even yours, if you are looking for perfection, I'm
not your man, but I do try hard for getting things right, so far I have tracked my book all over the globe, in sixty days or so, it is #1 in some catagories, go to amazon.com and click on apostasy and then last 90 days and up pops my book, and it is emerging out of the cracks and crevices other places, with hundreds of millions of books out in the market, it is dificult to have a winner, I want to believe it is yet to be a best seller, sure praying so.

I hope you guys don't think I am amused at your
problem with Authorhouse, not at all, I retired from 43 years in the auto industry[parts sales,mgr.,new car-truck sales] excelled in the latter, but it was more professional than today's world and your word was your bond, if you promised something; then do it and lying ? I have no use for a liar.I was in the business of helping people, sadly in the nineties, problems began to mushroom in the auto industry, honesty was out, selling was no matter what, car business went to hell in a handbasket and now most of the conglomerates are reaping what they have sown and it is true with every other business in America today, I had a boss-owner who told all who worked for him; if you lie to a customer and I find it out, you are history, his name is Rick Hendrick,
owns Nascar teams, largest dealer in America, good Christian man, people trusted us and I haven't heard of any of his dealerships biting the dust, I came on here because I saw something
I wanted to further check out and verify, when I check for a hotel resort, one complaint makes me move on, I see that one as me, even if everybody else raves about it, I have been disapointed too many times in my life, I have stayed in million dollar condos before and door locks were broke and I raised hell about it, consumers deserve their disclaimers rectified, customers are getting to be a scarce commodity these days, how you treat someone will come home to you, sorry for the lengthly letter.
Clarence Puckett

Various, Clarence Puckett

a) The folks in this forum have a very wide range of experiences, backgrounds, and vocations. Also, there are a lot of us here who have been acquainted in person for literally decades. Such things do make a difference as regards communications and weighting words, when one has some additional knowledge about someone, than what they have typed that shows on a display.
b) You have not given the name of you book or any pointers to descriptions of it-what it's about, who the intended audience is, etc. My vocatioal background involves math, science, engineering, and test engineering. When I see assertions, I expect there to be something evidential to bulwark the assertions. But without you saying anything about your book, even the name, beyond your assertions about it, I see no support for your claims....
c) "Good Christian" is neither a recommendation nor usually a detriment regarding a book. Someone can be a lousy Christian, or not Christian at all, and still be a good writer and popular author (Laurell K. Hamilton's books are quite popular, and she is a non-Christian. Deepak Chokra's books are popular, and he is not a Christian. And there are people who are wonderful people, whose books sell so poorly that they are commercially unviable as writers...) Being a good Christian has nothing to do with ability to write books which people find worthwhile buying/publishing/reading.

Almost anybody can write a book; whether the book is worth reading by other people, is a different issue-Atlanta Nights is a book, Atlanta Nights is an expansive piece of crap, written to be a piece of crap, and accepted for publication nonetheless despite the blank chapter and the repeated chapter, because the "publisher" accepting the book for publication, was an operation which was a scam perpetrated upon wannabee writers, and not a business with a business model based on publishing books which earned their publications by sales of the published book to the public (as opposed to the author paying the "publisher" for publication, the hallmark of a vanity press/author scam.)

Paula: the name of my book is: "Liberalization and Apostasy of America", if you google and yahoo it, you will see it has been given alot of hoopla,
on Amazon.com and it's foreign affiliates at the bottom of their page, it is on all but China. I have found it on Borders, Booksamillion, Barnes &
Nobles, Target.com and Australian and Ireland, Indian[India] and many others, all that said, selling is the next objective, there has to be an hundred million books out there to dig it out of,
audience would be all Americans[young and old]it is a call to all Americans to repent and turn back to the God of her Fathers, we have drifted from our spiritual moorings, we have all but told God he is not welcome in our country, that he brought us to and made us great, my audience could also be whosoever reads my book,I am seeing
quite abit of apologizing to foreign countries today for America, what a joke ! We don't owe anyone in the world an apology for all the blood we have shed and funds we gave for the world's freedom[I am a Korean vet myself]I don't recall
preaching in any of my articles above, I know there are many successful authors,whether you can call what they have written good is another issue;
my book is only ten chapters, 60 pages, about 13,000 words, but distinct to the point,I didn't
come on here to argue, fuss, fume, or fight, but to learn, I am hoping if my book is successful and
sells, my publisher will be honest with me, I am
likewise putting out feelers and inquirys also, even as a Christian, I have learned to be kinda
skeptical until I learn different, I want to trust people, but money seems to be a deviding line for trust today; I like what my favorite President said: Trust, but verify.[Ronald Reagan].

Any book with an ISBN will be listed at every on-line bookstore in the world.

Being "available" and selling to readers are two very different things.

This is the first book I ever wrote, have read your input and found it very interesting. I'm a Parkinson patient and have problem at times with my short term memory and I have misplaced my contract. Bad Girl I know. I'm 76 years old and this was a way to keep my mind working. I sold about 2oo hundred copies they sold hardly any I have a following now and I've been ask to do a sequle They tell me my book is one of the best they have and it is on the web sight under Rainwater Legacy Barbara White. If it is so good why is their no money? Can you tell me the name of the judge and or the lawyers who did the great Deed, Thanks Barb

What really is problematic with being an author and having a book published by a POD publisher is the lack of access to actual sales across the world, the publisher has that nailed down along with the seller, this seems to me a great opportunity between the two to harvest any and all
sales for themselves; with the ISBN# it looks like the author somehow could with password access
key in actual sales as well as the two; I wrote the govt agency who is watchdog over ISBN #'s and they told me; those two only had those numbers and the distributors, if you can afford to hire a lawyer, that would be the only other option.

Barb, the reason there's no money is probably because next-to-no copies sold. The 200 you mentioned: Were they copies that you bought yourself and resold? If so, you wouldn't get royalties from them.

Who's asking you to write a sequel?

If you do (and only do so if it pleases you to do so), then I suggest you start looking at publishers that actually have books on the shelves in stores.

If you're asking me for the name of the judge and the lawyers who were involved in the suit against AuthorHouse, I'm afraid that I don't know.

===========

Clarence: Check your contract. Do you have a clause allowing you to audit the publisher? If so, you'd probably have to hire your own accountant, but you should be able to find out the actual sales numbers.

But be advised that it's likely that the true sales, when the audit is done, will turn out to be very low.

In most self publishing houses, they screw you left right and center. I have never seen author house books on shelfs.
Self Publishing isn't a business it's for the weak minded and desperate. Real Publishers need to relax their guard and accept others.