Cussedness Corner

"My work may be garbage but it's good garbage." Mickey Spillane

Big Mouth, Small Dick


To keep matters short, I first posted the Open Casket Press contract.

Scammers and idjits flourish through the desperation of writers to be published.  In the case of Open Casket Press, Anthony Giangregorio shows that he has had access to a genuine contract, possibly the one posted at EPIC and has just enough of their wording to appear legitimate at first glance. However, it goes swiftly wrong from there.

Author Compensation. AUTHOR will receive a total of $1.00 for each paper book sold and $1.00 for each e-book. AUTHOR is entitled to one (1) contributor’s print copy at zero cost to AUTHOR at time of release. The print copy will be mailed to the AUTHOR upon or shortly after the WORK’s official publication date.

That’s a flat fee for a book that he’s selling for $8.99.  Standard practice among legitimate publishers is 25% of cover price for ebooks sold through distributors and  10% of cover price for print edition. That, as most of you know, is a royalty.  Tony G’s is not a royalty.

 AUTHOR retains all subsidiary rights including theater, film, and television rights for the WORK. However, PUBLISHER shall be entitled to 15% commission for all domestic sales and 20% commission on all international sales conducted by film, audio, graphic or comic novel or other medium other than that which the WORK was originally published (print and electronically) if PUBLISHER contacts any third parties on behalf of AUTHOR for the publication of the WORK in these other formats, with the AUTHOR’s permission.AUTHOR grants PUBLISHER the exclusive right to conduct mass market sales of the WORK to a third party, whether domestic or foreign. The license remains in effect for the life of the WORK.

If author retains all rights, then why does the publisher expect to get a cut? Either the author owns it or they don’t. The reason for the Majors to include a similar sub rights clause is because they actually have a marketing department that sells those sub rights. Tony G doesn’t, so he’s trying to sneak up on people with conflicting wording.

Publishing Formats.PUBLISHER will prepare the book for distribution as a Quality Trade Paperback book. PUBLISHER agrees to secure a unique ISBN and submit WORK to distributors including Ingram Book Group, Baker and Taylor, RR Bowker databases, and any other potential distribution channels, so that it may be available for sale at retail and online outlets using these systems.PUBLISHER has the option to prepare the book for distribution as an eBook. PUBLISHER agrees to secure a unique ISBN and submit WORK to distributors that specialize in e-Book distribution.

Submit is a key word here. He’s not guaranteeing distribution, which means he does not understand distribution. PoD is not sold by Ingram unless it is published through Lightning Source, which Ingram owns. LSI is very picky and wants everything done right or they charge you extra.  RR Bowker is Books In Print, not “RR Bowker database.” Also I have a suspicion that instead of an “Unique ISBN” he got a free one through Createspace. The book is not a “quality” book. It is filled with errors and bad manners such as having that long list of ads in the front of it. Good publishers put their ads in the back of the book. The ads prevent the LookInside feature on Amazon from displaying a fair sample of the book itself.

Right there with the word “quality” Tony G is in breach of contract.

Author Copies. AUTHOR shall receive all purchase discounts described herein. AUTHOR may purchase 1 copy(s) or more at 40% discount off cover price plus applicable shipping charges.

Purchase? Standard practice is for the author to get 10 FREE copies of the print edition and then the discount on more. And the ebook edition ought to be FREE to the author in unlimited quantities.

Indemnifications. AUTHOR agrees to fully indemnify, defend and hold harmless the PUBLISHER and its AFFILIATES from and against any losses, lost profits, damages, liabilities, judgments, awards, decrees, settlements, or expenses (including without limitation, reasonable attorneys fees and court costs) arising from, connected with, or by reason of any breach or alleged breach of any of the representations and warranties set forth above, but the AUTHOR shall not be liable for any matter inserted in the WORK by the PUBLISHER or its licensees. All warranties and indemnification made by the AUTHOR herein shall survive termination of this agreement.

Lost profits? This is too vague in some sections. But lost profits? This smells of chicanery.

Author Cancellation. AUTHOR has the right at any time to cancel this agreement within three (3) days written notice to the PUBLISHER prior to publication of WORK after PUBLISHER recieves contract. Should AUTHOR cancel this agreement, AUTHOR will return any compensation in full as outlined in Section 4 of this agreement to PUBLISHER and pay any other costs incurred by PUBLISHER.

This is fun. He wants the author’s to return their royalties. In a standard contract the wording here would be the return of the advance on the book, but there was no advance. This is another way of screwing the author and trying to squeeze money out of them. Tony G informed the author that any changes would cost the author money, even though the mistakes were made by Tony and not the author. Nowhere in this contract does it specify (nor should it) that the author is responsible for fixing the publisher’s errors.

That’s enough for now. The Tony G saga will continue tomorrow. See you all there.

PS: There is a rumor going around that all is not well with Tabetha Jones’ love life. My guess is that Eric’s parole officer suggested he disentangle himself from her.

 

 

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23 comments on “Big Mouth, Small Dick

  1. Georgina Merry
    May 20, 2013

    I think I’m missing something. Are you able clarify what section 15. Additional Instruments means? In this context it seems both vague and arbitrary. Don’t get me wrong, the whole contract seems vague. However, this section had me stumped. Surely it should be called “additional relevant material/projects”, but “Instruments”? What instruments could this be referring to? A laptop? Notepad? Quill?

  2. cussedness
    May 20, 2013

    It is horrendously vague. It is styled to fit whatever Tony G wants it to fit so that he can bludgeon the authors. He has a terrible reputation.

  3. tabetha jones
    May 20, 2013

    My love life personal life is no ones business. The reason we separated is no ones fucking business and to clarify Eric has no parole officer you ignorant nosey bitch. Leave me alone please and thank you.

  4. cussedness
    May 20, 2013

    Nice to have you confirm the rumor, Tabetha. And happy to see you again. 😛

  5. Lepplady
    May 20, 2013

    Sounds like she’s in the market for her next scapegoat. Everybody she deals with on any level is blamed for it when she screws her business up (gets busted for being a fraud and a scam). Anybody want to bet that it’s all his fault this time?
    Anybody?

  6. Magical Girl Jessica Alba Striessand
    May 21, 2013

    Tabetha please publish my fanfic where a dragon has his way with a knight. It has a big mouth and a small dick in it.

  7. Tabetha Jones
    May 21, 2013

    Lepp again my personal life is my personal life and I would appreciate the respect to keep your nose out of it, and it had nothing to do with the business. When we separated we decided it best for him to separate from the company. Period. And why my life is so important to all of you puzzles me. You are not involved in my business my love life, my life PERIOD!!! Please move on and leave me alone. This has gotten old and stupid.

  8. Lepplady
    May 21, 2013

    “This is old and stupid.” That pat line keeps getting used by you, but you just don’t seem to get it, Tabbyscat. As long as you’re out there ripping people off, you’re going to get called on it.
    If YOU choose to bring your friends and family members into your underhanded business, you have only yourself to blame for it when your personal matters get discussed in unison with your business. You want critics to leave ’em out of it? Start by leaving ’em out if it yourself.

  9. Tabetha Jones
    May 21, 2013

    Believe what you want but Phoenix is doing well and thriving. And my authors are happy. Eric still supports them as he does me. So before you go running your mouth about shit you know nothing about I suggest you keep your trap shut.

  10. Magical Girl Jessica Alba Striessand
    May 21, 2013

    this reminds of that that episode of COPS only Tabbycat is the one that drank the paps blue ribbon.

  11. cussedness
    May 21, 2013

    He supports them by threatening little old ladies. Phoenix is not doing well when you compare her numbers to that of my own company on amazon. You are an abusive jerk. However, having a publishing company (legal or illegally) you have made yourself a public figure and therefore I have the right to explore your life from any angle I wish to.

  12. Magical Girl Jessica Alba Striessand
    May 21, 2013

    wooo explore away!

  13. Lepplady
    May 21, 2013

    She’s already started blaming stuff on Eric. No shock there. He’ll doubtless be her latest scapegoat.He did it all, folks. He’s the bad guy. “I’M the one that’s above board. Just wait, you’ll see. Wait that 8 or 9 months to go by so Paypal can’t get you your money back. I know you all live too far away to come to Texas and sue me, so once Paypal’s out of the picture, I can bank your money and you can’t touch me. So sure, honey-darlin. Just wait a little while longer.”
    What a fraud.

  14. tabetha jones
    May 21, 2013

    I would like to see proof where Eric has been to blame. Again we separated end of story and we decided it best he separate from Phoenix. And as for everything elde you honestly know nothing of what you speak of.

    Phoenix is doing well we many more releases this year and excited but before you open your mouth and assume please get your facts right.

    Again my love life has nothing to do with my business. Learn to separate the two. Please and thank you.

  15. tabetha jones
    May 21, 2013

    Oh and i apologize for the typos i am on my phone.

  16. cussedness
    May 21, 2013

    Please and thank you without a cherry on top? How cruel. Have you noticed how much you are starting to sound like a broken record?

  17. Lepplady
    May 21, 2013

    Check the other latest thread, honey boo boo. Somebody you ripped off recently accounts that you laid the blame off on Eric. We don’t make this stuff up, scat-for-brains. We don’t have to. you keep doing it for us.

  18. Lindsay Kendal
    May 22, 2013

    Hope you don’t mind me commenting on here. Glad I read about this company, a friend was going to approach them. I’ve told him to stay away.

    As for the other business on here, well, I think you all know what’s going through my head.

    Hope all are well.

  19. cussedness
    May 22, 2013

    And I hope that you and yours are well, also, Lindsay. I’m glad to have saved your friend grief with this one.

  20. Pingback: Warning for Writers: Beware Tony Giangregorio and Open Casket Press | Stant Litore

  21. zombiephreak
    May 28, 2013

    Always two there are, a master and an apprentice…

    One guess which role Anthony has and which one this Tabetha person is.

  22. Pingback: Warning for Writers: Beware Tony Giangregorio and Open Casket Press. | A Passion For Writing

  23. Pingback: A Horror in Horror | - Lee Goldberg- Lee Goldberg

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