Category Archives: CONTRACT

ARC RECEIVED!

ALL OR NOTHING -

ME HOLDING the error-prone, not made for authors, but for reviewers, ARC (or bound galley)!

 

Now, some other phots oft he ARC itseld, remeber, this is not the actual book, some kind of plcaeholdr, thatI was so happy to get, ecstatic really, made my “All or Nothing” walk so much better!  –all those salsa footsteps, I felt that I was dancing!

 

This is what I listened to as I walked, as I danced along, oh my Salsa ways:

 

and this:

 

Nothing can take my joy away!  

Nunca!

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OPTION #20 BLUES

Just want to make it known that I am aware of what my “friend”, acting as both my publisher and my agent,  wrote into –and I signed, fool that I am, but no more as this is the official day that I wake up, the contract I signed, little fool, for my 11th book,

“Wannabe Hoochie Mama Gallery of Realities’ Red Dress Code”

Option #20:

OPTION: 

20. In consideration of the covenants of this Agreement, the Proprietor agrees to give the Publisher the first opportunity to obtain book-publishing rights in his next book-length work.  The Proprietor shall submit the manuscript of such work to the Publisher before showing it to any other publisher, and the Publisher shall thereafter have thirty [30] days to notify the Proprietor if it wishes to publish such work, and if so, to propose terms and conditions (provided that the Publisher shall not be required so to notify the Proprietor until the expiration of ninety (90) days from the date of the first publication of the Work).  If within thirty (30) days after the Publisher’s having proposed such terms and conditions, the Publisher and the Proprietor fail to reach agreement with respect thereto, or if the Publisher does not wish to publish such work, then the Proprietor shall be free to arrange for publication elsewhere provided, however, that the Proprietor shall not enter into an agreement for publication of such work with any third party on terms and conditions equal to or less favorable than those terms and conditions offered by the Publisher.

 

Writers, beware of this, do not make the mistake I made; strike this from any contract; my publisher quite obviously is NOT MY FRIEND.  Worth it to hire someone else, a lawyer would be ideal to examine whatever it is before you sign; I am hoping that my former publisher –because never again, even were the world to end– never will I consent to any further book of any genre having to be published by this unscrupulous and deceitful publisher who liked to call herself my friend.  Hardly and never.

 

RUN AWAY FROM THIS, FOR IT IS POISON! –AND even worse when it seems to come from a friend, who is not MY FRIEND AT ALL –“WANNABE” is the last book, I intend to have published through you, and like that previous litigation, if you remember that, telling me, after so much had occurred, that you really didn’t want me to go to jail; why a lawsuit at all in that case?

"Wannabe Hoochie Mama Gallery f Reliries" Red Dress Code

Cover of “Wannabe Hoochie Mama Gallery Of Realities’ Red Dress Code

 

I here post a couple of newspaper articles about that dreadful event of litigation:

 

 

just to refresh your memory.  I will not forget what was perpetrated by a pseudo-friend, and I will similarly tell my friends not to submit work to you if this is the treatment I can expect after an affiliation dating back to 1991, when I was a winner of the National Poetry Series Open Competition with that first collection of my poetry you published by Persea:

Rainbow Remnants in Rock Bottom Ghetto Sky

rainbow remnants

The start of our connection, and Wannabe is the last.  After the lying, “Remember, I am your friend?” –Hardly; friends do not treat friends like this; I’m sure you know that.  I was stupid enough to sign YOUR contract, and I realize now that “Wannabe” is more your book than my book, even with that naming of “black” truths behind “white” lies, even if this is not a “fair” or “just” characterization of me, but a better quote in your opinion than a quote I really wanted, 

this comes from your own website about MY book:

Wannabe Hoochie Mama Gallery of Realities’ Red Dress Code: New & Selected Poems

Wannabe Hoochie Mama Gallery of Realities' Red Dress Code: New & Selected Poems Thylias Moss

Thylias Moss, one of American poetry’s great innovators, is a national taxonomist and secular preacher who catalogues our culture and responds in gorgeous outrage to its injustices. This career-spanning volume conveys the hypnotic spectrum of her full poetic output, from Hosiery Seams on a Bowlegged Woman, her 1983 debut, to Slave Moth, her acclaimed 2006 novel in verse, to more than fifty pages of new poems. Whether in early or recent writing, Moss makes no promises of smooth sailing: even when her poems begin with beloved cultural icons (Robert Frost, Doctor Who, the Statue of Liberty), they insist on new perspectives, truths, and realities. She is a fearless reimaginer of poetry’s possibilities, a writer who seems made for (and by) the digital age—its blitz of interactivity and reinvention—a futuristic archivist always compelled by the current moment.  Arranged chronologically, this volume offers us Moss as she has evolved through the past three decades, recognizable yet unpredictable, ever “a poet of fierce intelligence and radiant intensity” (Martín Espada). Wannabe Hoochie Mama of Realities’ Red Dress Code is an indispensable book, a record of who this essential writer has been and where she may be heading.

Praise for Thylias Moss
“Thylias Moss is a permanent American poet, canonical in the old, authentic sense.”—Harold Bloom

“As if the muse of Wallace Steves were transplanted into the body of a black, female pop-culture maven.”—David Yaffe, Village Voice

“It’s tempting to confuse Moss with the characters she describes, so deeply does she appear to inhabit their lives. . .[with] her trademark intensity and ferocious intelligence.”—Jabari Asim, Washington Post Book World

“Reading Thylias Moss is always dangerous and exhilarating, because one never knows exactly when the poem might explode and leave its reader marked forever.”—Raphael Campo, Parnassus Poetry in Review

“Thylias Moss names the black truths behind white lies. She is a writer who speaks bitterness and makes her own music of it.”—Marilyn Hacker, Women’s Review of Books

About the Author
Thylias Moss is Professor Emerita in the departments of English and Art & Design at the University of Michigan. Her eight previous books of poetry include Last Chance for the Tarzan Holler, a National Book Critics Circle Award finalist, and Slave Moth, named Best Poetry Book of 2004 by Black Issues Book Review. Moss is a recipient of the fellowships from the Guggenheim and MacArthur foundations, among other honors. She lives in Ypsilanti, Michigan.

 

–this seems the same as it was, what happened to the “no pigeonholing?”

and I will never forget this rejection of a quote I wanted for whatever reason, a rejection directly from KB:

“But it doesn’t address the work, or evoke it for the reader.  It did not persuade us to change our original decision, which as you know was to use only excepts from reviews on the book jacket.” –including how I “name black truths behind white lies” –I have not made, well maybe you have, a race book, for it is undeniably YOUR BOOK, not really mine though my name appears as author.

 

 I do much more than “name the black truths behind white lies.”

I am much more than “a writer who speaks bitterness”

I am  a multiracial woman, pigeonholded as the publisher’s assistant said I wouldn’t be. I am speaking only the “truth“, for that is who I am, and if you really know me, then you also know how much “truth” means to me.

And I also have not forgotten this:

We would rather that you not post the pdf.  They are made specifically for reviewers. We don’t want them to be pirated, sold, reproduced, poems taken, etc. etc.  All of these things affect your income (and ours), and contribute to incorrect versions floating through history….  Please don’t do it.

I’ll confer with G– about the biography you sent, which, excepting a few punctuation changes, looks fine to me.  Let’s wait to hear G–‘s reaction.

 

Yes; for reviewers but not for me… Figures, doesn’t it as this is not my book. Affect my income? –seems that “Option #20” affects my income more than anything…

 

I am ready to receive my bound galley; your own copy is fine; I’m sure, but I have no proof, just as I am pigeonholed with that “black truths stuff”  that you reserved a copy of the ARC of YOUR book for yourselves, my “friend”

 

I was told this as explanation for why I will not receive an ARC or bound galley:

 

“As I wrote, you were sent an ARC, the first copy that went to anyone. However, ARCs are bound for reviewers at newspapers and journals in order to get attention for the book and for you. If there are no copies remaining, it’s because we have been active advocating for you and your poetry.”

 

Well, Option #20 does not advocate for me or my poetry! –so kindly, as I said, send me another ARC! –I will be waiting for it, and do not worry, I will sign nothing else from YOUR publishing house, and I do mean nothing.  And as I read from “Wannabe” I will preface my reading with “Option #20” –of course, as a warning to whoever else is there.

The mask is off.  I know the truth, also of my own stupidity;  for I did sign it, you will note at this link info against Option #2o, almost verbatim to what is in my “Wannabe” contract:

“The Option Clause”

http://www.freelancewriting.com/articles/FF-the-option-clause-in-a-book-contract.php

 

Here is the option itself extracted from the website above:

The Author agrees to give the Publisher a 30-day option on his next book-length work on the same terms as this agreement, which option period shall begin on the day the completed manuscript for such work is received by the publisher or thirty days after the publication of the book covered by this agreement, whichever shall be later.

Read more at: http://www.freelancewriting.com/articles/FF-the-option-clause-in-a-book-contract.php
Copyright © FreelanceWriting.com – All content on our website is copyrighted in the U.S. and internationally and may NOT be re-produced, or re-printed, online or offline.

What poison!

 

 

and of course, “Smiling Faces, Sometimes, The UNDISPUTED Truth:

 

 

and “Return of the Mack”  –you lied to me, you really did.

 

 

you know what you did, and I know what you did, so even I guess.  

BEWARE: DO NOT SIGN ANYTHING WITHOUT BEING SURE; DO NOT TRUST FALSE FRENDS; THEY ARE NOT FOR YOU! –ADVOCATING “MY” POETRY, WHAT A CROCK!

 

WHERE AM I ADVOCATED AT ALL?

YES, THIS IS HOW WE DO IT!

–and we will not fail.

 

You said “I hope you’ll find your original copy, so that you will feel certain.”

 

I do feel certain that I’ve been had, Option #20 makes me certain of that.

 

RUN THE OTHER WAY! –TEAR UP ANY CONTRACT WITH THS OPTION IN IT! –RUN! –HEAD FOR THE HILLS! –DO NOT LOOK BACK! –TEAR THIS UP, SPIT ON IT! BURY IT! STAND YOUR GROUND –THIS IS A BLACK TRUTH! –DO WHATEVER YOU CAN THAT IS LEGAL! –BUT YOU CANNOT SOFTEN A HEART THIS HARD! –DO NOT BOTHER TO TRY.

 

Now I can write to my heart’s content.  YOU ARE NOT MY FRIEND!  –it has never been more than a business relationship, and that is all that it is now.  I hope your BOOK DOES WELL; I WILL MAKE IT KNOWN WHEN A BOOK OF MINE, REALLY IS “MY” BOOK!

 

and this is no Family Affair; this is not friendship; if it were you would not have done this

 

 

 

Happy Option #20 to you!

TRUTH! –ABOVE ALL

SORRY, but I begin this Sunday aware of the meaning embedded in OPTION CLAUSE #20 

 

OPTION:

“20. In consideration of the covenants of this Agreement, the Proprietor agrees to give the Publisher the first opportunity to obtain book-publishing rights in his next book-length work.  The Proprietor shall submit the manuscript of such work to the Publisher before showing it to any other publisher, and the Publisher shall thereafter have thirty [30] days to notify the Proprietor if it wishes to publish such work, and if so, to propose terms and conditions (provided that the Publisher shall not be required so to notify the Proprietor until the expiration of ninety (90) days from the date of the first publication of the Work).  If within thirty (30) days after the Publisher’s having proposed such terms and conditions, the Publisher and the Proprietor fail to reach agreement with respect thereto, or if the Publisher does not wish to publish such work, then the Proprietor shall be free to arrange for publication elsewhere provided, however, that the Proprietor shall not enter into an agreement for publication of such work with any third party on terms and conditions equal to or less favorable than those terms and conditions offered by the Publisher.”

Song of the realization about the lies from my so-called”friend” wearing two hats as my publisher, and as my agent, my agent lied to me, did not mention Option #20

clearly on behalf of the publisher, not the writer, 

Mark Morrison’s “Return of the Mack” –for the line “You Lied to me”

 

In the photo, I am illuminated by honesty; see how it glows! Maybe I shouldn’t say any of this, maybe I should pretend to be ignorant a little longer, but when a dead rat is found, action is required no matter when it is found.  And I have found one. Two hats, my publisher and my agent; those hats can not be worn well simultaneously.  

I feel like a fool for beliving anything.

Then again, you know what is said about “Smiling Faces” (1971, UNDISPUTED Truth):

I know! The TRUTH!

want to drive me to litigation?

This is a way to do it! 

AND I’VE BEEN DOWN THIS ROAD BEFORE!

A suggestion: throw out the existing contract and send me a new one, without Option clause #20 and get me a bound galley immediately, “Remember, I’m your FRIEND”! –HARDLY; I DONT THINK SO.  “True friends” do not treat each other this way!

They just don’t. Too much conscience.

And a need to live with themselves.  

TRUTH will get you in the end.  

TRUTH ALWAYS PREVAILS.

I feel sorry for those who prey upon the little poet, those who have that need.

I do not, and I am glad; I can live with myself without regret.  

No bound galley?  Really? I recommend putting a bound galley in the maiil immediately; prepared for publishers and not for me?

Send me yours then.  

Send me yours.  

You must have one or can get your hands on one.  I deserve at least that.  

Write that into the NEW contract also, for YOUR book evidently, not mine.

I will not sign it until someone without  a hat reviews it!

Hat brims can cloud vision, and pull wool over eyes. The mask has come off.

You know my address.

My poetry is my truth! –I do not play with truth. 

I am exposing a “black” truth behind your white lie; I am rememering what was said about rejection of a blurb; it is the reason that disturbs me more than the actual rejection.  I have the email with that content in it, and I will never forget what was said.

Also your reasons for preferring that I not post the PDF of the Wannabe”jacket, and this is a quote, this is the truth:

“We would rather that you not post the pdf.  They are made specifically for reviewers.  We don’t want them to be pirated, sold, reproduced, poems taken, etc. etc.  All of these things affect your income (and ours), and contribute to incorrect versions floating through history….  Please don’t do it.

Truth is Sacred! 

Friend as defined in Wikipedia: <https://en.wikipedia.org/wiki/Friendship&gt;

Friendship is a relationship of mutual affection between two or more people.[1] Friendship is a stronger form of interpersonal bond than an association. Friendship has been studied in academic fields such as sociology, social psychology, anthropology, and philosophy. Various academic theories of friendship have been proposed, including social exchange theory, equity theory, relational dialectics, and attachment styles. A World Happiness Database study found that people with close friendships are happier.[2]

Although there are many forms of friendship, some of which may vary from place to place, certain characteristics are present in many types of bond. Such characteristics include affection, sympathy, empathy, honesty, altruism, mutual understanding, and compassion, enjoyment of each other’s company, trust, and the ability to be oneself, express one’s feelings, and make mistakes without fear of judgment from the friend.

While there is no practical limit on what types of people can form a friendship, friends tend to share common backgrounds, occupations, or interests and have similar demographics.

–in case a refresher course is needed.  Seems to me it is. Note, please that “honesty” is part of the definition, as is “altruism“, “understanding“, “compassion“; thank goodness I know these qualities, essential qualities to life, elsewhere, a barren, empty existence without them…

 

thylias_wall-street-journal

 

thylias_wall-street-journal

Distress and Agony

Just when it seemed that everything is going as well as it can, I become aware of something that has been true for a very long time, but this time, perhaps more ruinous to my career as a writer, as a poet,  I mean…

Not my intenton to jeopardize my forthcoming book, about which I remain excited, but I do want it known that Thylias Moss is available for another publisher for my books of poetry; out of my 11 books, 9 of them are collections of poetry, counting Wannabe Hoochie Mama Gallery of Realities’ Red Dress Code“, soon to be published in September 2016, by Persea, a publisher I’ve belonged to since winning the National Poetry Series in 1991, with “Rainbow Remnants in Rock Bottom Ghetto Sky“, a book that Persea published, and since then, all of my collections, in book form, of poetry, with the exception of “Small Congregations” published by Ecco in 1993.

 

Here are newspaper articles about this event, that came about because I dared to be honest; I told the truth! squabbling publishers-cropped copysquabbling publishersthylias_wall-street-journal

 

thylias_wall-street-journal

 

And here is the problematic bit of my current contract for my forthcoming collection:

Wannabe Hoochie Mama Gallery of Realities’ Red Dress Code” September 2016, causing concern; this contract was prepared by my publisher, and  I did sign it without anyone advising me not to (I trusted the publisher who identifued herself as “my friend” (as she did with previous litigation to make sure that I would not go to jail; I recall that phone conversation distinctly; well, I am no longer that gullible child, and for another thing, I am resentful of “advice”  I was given but do not need, about “being careful in my relationships as long as they are not hurtful to me”, well my relationship with my publisher IS  hurtful to me, as my publisher wrote the contract, and I am dead set against maintaing that contract since that very relationship is the only “hurtful to me” relationship I have, I’m going to take the publisher’s own advice

 

OPTION:

20. In consideration of the covenants of this Agreement, the Proprietor agrees to give the Publisher the first opportunity to obtain book-publishing rights in his next book-length work.  The Proprietor shall submit the manuscript of such work to the Publisher before showing it to any other publisher, and the Publisher shall thereafter have thirty [30] days to notify the Proprietor if it wishes to publish such work, and if so, to propose terms and conditions (provided that the Publisher shall not be required so to notify the Proprietor until the expiration of ninety (90) days from the date of the first publication of the Work).  If within thirty (30) days after the Publisher’s having proposed such terms and conditions, the Publisher and the Proprietor fail to reach agreement with respect thereto, or if the Publisher does not wish to publish such work, then the Proprietor shall be free to arrange for publication elsewhere provided, however, that the Proprietor shall not enter into an agreement for publication of such work with any third party on terms and conditions equal to or less favorable than those terms and conditions offered by the Publisher.”

Some of that history of litigation here again:

squabbling publishers.jpg

thylias_wall-street-journal copy

I am seeking a publisher for my volumes of poetry after “Wannabe

 

Another poet friend asked me why hadn’t Norton  (of course, Persea is an affliliate publisher of Norton, as indicated)or Knopf gobbled me up, after so many books and so many awards, and all I could think of was the contract itself, when this dreadful passage was pointed out to me…   

 

Perhaps this will be addressed when my romance novel does indeed sell.  I know it will; I admit that I am impatient, but that book means even more to me now, and I cannot talk about it… Not yet.

 

 I hope that today will be the day…

 

One never knows..

 

But today IS the day that I announce that I am available for another publisher for my poetry.  Ideally the same publisher who oversees publication of my romance novel, but no clause like the option clause prepared by the publisher acting as BOTH my publisher and my agent. If this announced availability causes more litigation, so be it.  I have been down this road before… A road covered by the New York Daily News and the Wall Street Journal in 1994… 

 

I wouldn’t mind going to jail for poetry, something so dear to me.  Poetry tells a truth! Poetry is a truth!   My poems do not tell lies!  They never will!

 

I insist on such purtiy, even though that seems to be becomng so rare and precious, doomed by the injustices in which humanity festers, injustices such as Option clause #20, a clause I did not write and one I wish I had read better but the writer, my publisher, was also claiming to be my friend: 

a familiar or helpful thing, 

a person who is not an enemy or who is on the same side

“Remember,” I was told, “I am your friend.”

 

But another publisher is essential.  I am not new to poetry at all!

I will not crumple under litigation should any happen.  I didn’t before when I was served a subpoena in my office where I was a professor until I retired, at the University of Michigan…

and I already have a couple of lawyers investigating that clause, seeking an honest and legal way to break it; my friend indeed.

but we all know this, “Smiling Faces Sometimes”

as it says on <http://www.urbandictionary.com/define.php?term=friends#favorite-4924077&gt;:

 

 

friend

A friend is someone you love and who loves you, someone you respect and who respects you, someone whom you trust and who trusts you. A friend is honest and makes you want to be honest, too. A friend is loyal.

A friend is someone who is happy to spend time with you doing absolutely nothing at all; someone who doesn’t mind driving you on stupid errands, who will get up at midnight just because you want to go on an adventure, and who doesn’t have to talk to communicate with you.

A friend is someone who not only doesn’t care if you’re ugly or boring, but doesn’t even think about it; someone who forgives you no matter what you do, and someone who tries to help you even when they don’t know how. A friend is someone who tells you if you’re being stupid, but who doesn’t make you feel stupid.

A friend is someone who would sacrifice their life and happiness for you. A friend is someone who will come with you when you have to do boring things like watch bad recitals, go to stuffy parties, or wait in boring lobbies. You don’t even think about who’s talking or who’s listening in a conversation with a friend.

A friend is someone for whom you’re willing to change your opinions. A friend is someone you look forward to seeing and who looks forward to seeing you: someone you like so much, it doesn’t matter if you share interests or traits. A friend is someone you like so much, you start to like the things they like.

A friend is a partner, not a leader or a follower.

The word “friend” comes from Old English “frēond”, which is actually the present participle of “frēogan”, which means “to love” and “to honor”.

I quite agree!  This post is for all of my true friends, and you definitely know who you are, and so do I, always.  There is nothing more sacred than a friend who can be trusted; a freind who will not cheat you, a friend who will not deceive you, and as far as I am concerned, there is no clause #20 in my contract.