NCP Funky Behaviour No 20099: Did The Authors Jump Or Were They Pushed?
Friday, June 27, 2008Posted in: e-book publishers behaving badly?, New Concepts Publishing
So, does anybody know why Madris DePasture (NCP Owner) felt the need to post the names of all the authors whose rights have reverted back to them? I’m thinking that this was a directive from a legal source, but I cannot fathom out why, seeing as I’ve never seen anything similar at any of the other e-pubs.
Here’s the gist of what’s been written on the NCP site:
Notice of Breach of Contract and Intention to Resolve
In as much as author Shalon Stewart aka Sydney Somers has refused to honor her obligations to this company regarding completion of her novels Howl for Me and One Dark Knight. And, in as much as New Concepts Publishing has invested money in art, editing, and promotion of these two books as well as other considerations and Ms. Shalon Stewart having been informed of this circumstance has stated the intention of not completing the projects, New Concepts Publishing has taken such steps as they deem appropriate to resolve this situation.
Notice of reversion of rights
To whom it may concern, this is to serve as notification of the reversion of rights to Janet Luchinger, aka Lauren Agony/Janet Springer regarding novels previously contracted with New Concepts Publishing and sold through our website as well as through our distributors, webwide, and various independent bookstores under the titles of A Hitman for Hannah and Loverboy. Although both novels appeared together in the print version, Naughty Men, and New Concepts Publishing reserves the right to dispose of the returns due to the substantial monetary investment the company has paid for these books in print, all other rights have reverted to Janet Luchinger as well as future print rights of both or either book so long as it is understood that New Concepts Publishing will continue to sell Naughty Men until we have recovered our investment in these print versions of A Hitman for Hannah and Loverboy. We acknowledge that the author, Janet Luchinger, is entitled to any royalties that accrue from the sale of these print books. We further maintain that no royalties will be due to the author in the event that we are unable to sell the remainders and/or are forced to sell them below our cost, or give the books away as promotional items.
Madris DePasture
New Concepts PublishingNotice of reversion of rights
To whom it may concern, this is to serve as notification of the reversion of rights to Ellen Ashman aka Ellen Ashe regarding novels previously contracted with New Concepts Publishing and sold through our website as well as through our distributors, webwide, and various independent bookstores under the titles of Love Not Forgotten, Lady Outlaws, Midnight Tryst, The Mountain Man, A Mistress for Marcos, Merlin’s Eye, and the Sorcerer’s Mark. Although the novel The Sorcerer’s Mark appeared in print version, and New Concepts Publishing reserves the right to dispose of the returns due to the substantial monetary investment the company has paid for these books in print, all other rights have reverted to Ellen Ashman as well as future print rights of the book so long as it is understood that New Concepts Publishing will continue to sell The Sorcerer’s Mark until we have recovered our investment in the print versions of The Sorcerer’s Mark. We acknowledge that the author, Ellen Ashman, is entitled to any royalties that accrue from the sale of these print books. We further maintain that no royalties will be due to the author in the event that we are unable to sell the remainders and/or are forced to sell them below our cost, or give the books away as promotional items.Madris DePasture
New Concepts PublishingNotice of reversion of rights
To whom it may concern, this is to serve as notification of the reversion of rights to Tracey Ranson regarding novels previously contracted with New Concepts Publishing and sold through our website as well as through our distributors, webwide, and various independent bookstores under the titles of The Conqueror, The Warlord’s Woman, Caribbean Splendor, and The Unforgiven: Raphael.Madris DePasture
New Concepts PublishingNotice of reversion of rights
To whom it may concern, this is to serve as notification of the reversion of rights to Louise Crawford regarding novels previously contracted with New Concepts Publishing and sold through our website as well as through our distributors, webwide, and various independent bookstores under the titles of Rhiannon and Spirit Heart.Madris DePasture
New Concepts Publishing
There are a couple of authors on there that I know for sure have been dying to get away from the madness that is NCP, but what of the others?
For anybody with any inside information, you can e-mail me at hairylemony @ gmail . com, and as usual, total confidentiality guaranteed.
Ellen F.
June 27
12:16 pm
Personally, I asked for my rights back as they expire, as I’m entitled to do by contract. As I said elsewhere in the comments, if you don’t ask for them ninety days before the ending date, your contract will renew automatically. Therefore, I think it’s a reasonable guess that *most* of these authors are asking for their rights back (though again, we’re talking books that are expiring anyway, for the most part). However, Madris did talk about trimming “dead wood” earlier in the year, so it’s hard to say for sure.
I honestly doubt this was done due to a legal directive. I can’t imagine a lawyer telling NCP it’s a good idea to post what should be confidential correspondence publicly. But I could certainly be wrong.
Ghetto Diva
June 27
1:08 pm
I’ve worked with 5 online epublishers, and even the crummiest ones that I was lucky to get away from, didn’t do me “dirty” like that. And that’s exactly what it is, some dirty backstabbing.
Mari
June 27
1:36 pm
I happen to know that there are several authors who wanted rights back and were denied….and were NOT on the list. (Like me!!!) Believe me, my phone was ringing yesterday from all of them. (I talked so much, I went hoarse.)
I still think the whole disclosing the real names was a slap for those who disclosed the owners’ pen names…like Kaitlyn O’COnnor, Jaide Fox, Marie Morin, Angelique Anjou, Kimberly Zant, Raven Willow-Wood, and so on. The question remains how many pennames these people are hiding behind.
Oh, should I even suggest their submissions must be close to nothing as the owners are reissuing their own titles with new covers?
Ellen F.
June 27
2:17 pm
“I happen to know that there are several authors who wanted rights back and were denied….and were NOT on the list.”
Again, I think they’re only dropping books as the contracts expire. Although I’m on the List of Infamy, it’s only for two books. My other seven will presumably remain on the NCP site till they expire.
“I still think the whole disclosing the real names was a slap for those who disclosed the owners’ pen names…”
Or it may have been intended to discourage other people from asking for their rights back. Although we’re entitled to ask for rights reversion at the end of the contract period, some authors may be discouraged from doing so if they know their real name will be disclosed to the world.
“Oh, should I even suggest their submissions must be close to nothing as the owners are reissuing their own titles with new covers?”
I believe what they’re doing, for the most part, is reissuing novellas from anthologies as stand-alones, presumably because they’re about to take the anthology off the site. They’ve been doing this for a while now. Whether or not it has anything to do with submissions volume, I have no idea.
Ghetto Diva
June 27
2:31 pm
Ellen F., you honestly can’t believe the NCP’s intentions were to drop the books that contracts have expired on? What about the fact that alot of authors at NCP were screwed in royalties? Look at what happened to Ashe, and the torture they’ve put her through. Look at what’s happening to Sydney Sommers-and the fact that they’ve published her proposal illegally-and used her name illegally for a book she never even wrote. NCP has horrible intentions, and revealing names and listing the people whos rights are being reverted, is a horrible way at getting back at them for asking questions, and for wanting their books back.
You almost sound like you’re protecting Madris, who in my opinion has to surpass any other scumbag I’ve ever encountered in the epublishing world.
Cinnamon
June 27
2:47 pm
As far as I know it’s still illegal to publish a story without the author’s consent. And to broadcast their names like this? Unbelievable.
Anne
June 27
2:52 pm
Well, isn’t it nice that they exposed the authors real names? Ugh. That just shitty. They chose a pseudonym for a reason. *shaking head*
Ellen F.
June 27
3:00 pm
“Ellen F., you honestly can’t believe the NCP’s intentions were to drop the books that contracts have expired on?”
What I’m saying is that for the most part, the books on this list were ones that were expiring. The authors probably requested them to be reverted, and because they were expiring, NCP let them go. NCP did not, however, just drop every book from every author who wanted to leave. As I said, I only have two books on this list. NCP still has the remaining seven.
“Look at what’s happening to Sydney Sommers-and the fact that they’ve published her proposal illegally-and used her name illegally for a book she never even wrote. NCP has horrible intentions, and revealing names and listing the people whos rights are being reverted, is a horrible way at getting back at them for asking questions, and for wanting their books back.”
If you’ve read my other comments elsewhere, you saw me posting in support of Sydney, and criticizing NCP’s actions with regards to her book as violations of both contract and copyright law. If you read those comments, you saw me stating that I thought NCP had no business posting this list publicly.
If you’ve read those comments, you also know I’ve had rights on a book reverted by NCP a year ago, and then mysteriously “unreverted,” and have been trying to get them to unambiguously give me the rights back on that book since April. I’ve also been told I won’t get print rights back until ALL copies of a book are sold (read forever, as there were hundreds of copies remaining), which NCP fortunately backed down on yesterday. So believe me, I’ve had plenty of my own troubles with NCP. As a result, I imagine I’ve been demanding reversion of rights letters more loudly than anyone.
“You almost sound like you’re protecting Madris, who in my opinion has to surpass any other scumbag I’ve ever encountered in the epublishing world.”
I have no intention of protecting Madris. Earlier this year I politely requested my rights back on most of my books. In response to my courteous and professional request for rights I was contractually entitled to, I was sent a scathing letter by Madris accusing me of unprofessionalism with regards to an entirely different novella. She stated I’d signed a contract without any intention of completing that novella, when NCP should have been well aware that I hadn’t finished it because my husband died of lung cancer last year. So… Madris supporter? Not so much.
That being said, I have seven books remaining on the NCP website. I would like them back. Furthermore, another editor I write for frequents some of these blogs. Therefore it does not benefit me to act other than professionally, so my words are as measured and moderate as I can make them. That doesn’t mean, however, that I am not extremely angry for Sydney, Ellen A., and all the authors whose pen names were publicly disclosed yesterday.
Ghetto Diva
June 27
3:22 pm
The repetitive wasn’t necessary. I clearly read your statements.
Even if their sole intention was to revert rights back to those authors, they had no right to do it in such a public display. That alone makes those hounds unprofessional.
And what I’m saying is that this “ploy” is to get back at the authors who’s made their requests known.
My condolences to you on losing your husband.
Ellen F.
June 27
3:25 pm
“And what I’m saying is that this “ploy” is to get back at the authors who’s made their requests known.”
I agree. It also may be intended to discourage other authors from trying to get their rights back. Most of us have pen names for a reason.
“My condolences to you on losing your husband.”
Thanks. My apologies for getting snitty with you. The topic of NCP brings out the snit in me:-).
I Like My Anonimity!
June 27
9:06 pm
That notice is beyond unprofessional, it’s malicious. Madris DePasture shouldn’t be allowed to operate computer, much less run a publishing house. Here’s hoping someone sues her for disclosing names NCP probably promised in writing to keep confidential.
Rosemary Laurey
June 27
9:14 pm
Over the years, I’ve had rights reverted from five (might even be six) different e-publishers. Each time, I gave notice of intent, they acknowledged same and when the date came that was that, book was taken off the web site.
Can’t see how posting like this does anyone any good.
What reader, going to buy a book wants to read though all that?
And, as several people said, posting the names behind the pseudonyms is downright unprofessional.
Nutty really.
Rosemary
Ellen Ashe
June 27
9:59 pm
http://ellenashe.blogspot.com/
Madris posted my real name. I’m returning the favour.
I have uncovered 5 names that are certainly the owners and another ten suspect. Please see my blog.
Another source tells me Madris DePasture isn’t her name to begin with. “She had already undergone some sort of investigation or lawsuit re: land/property? And her real name was Gonzales.” ??
Bloody hell. Can this get any weirder?
Ellen Ashe
June 27
10:01 pm
Here’s a small section of one of her rants last March.
“To: authorpromotion@yahoogroups.com
Sent: Monday, March 17, 2008 11:56 PM
Subject: [authorpromotion] A letter from the publisher
“As for the ‘great secrecy’ behind Kaitlyn O’Connor–I don’t allow any of the staff to announce publicly who any of the authors are who write for us under pseudonyms…”
K. Z. Snow
June 28
12:12 am
Oops. Madris, see that fresh pile of shit? Now go step in it.
Ghetto Diva
June 28
1:05 am
Ms. Ashe, I love the way you think.
Ellen Ashe
June 28
1:26 am
LOL
Sources have sent me 5 names for sure who are THEM and another 15 that are very likely THEM.
Just burns my butt that Madris posted that public notice and then sat back thinking she had the last dig.
This Snow Bunny is far too pissed off to let that one slide!!
http://ellenashe.blogspot.com/
Tuscan Capo
June 28
2:06 am
Here’s information available on the internet:
Real name: Madris Gutierrez
References to Gutierrez are found in disclosure of this situation involving her former husband with the Commissioner of Internal Revenue. As it reads to me she was indirectly involved, but in the end not held responsible for any penalties opinionated against S.W. DePasture:
http://law.onecle.com/tax/2003/depasture.sum.wpd01.html
Portion where it is attested Ms. Gutierrez is the founder of New Concepts Publishing:
http://law.onecle.com/tax/2003/depasture.sum.wpd04.html
Poppi Flowers
June 28
3:10 pm
This showed up on the NCP authors list so this will explain it to those who feel they must know why Ms. DePasture did what she did………..
Ok, this was posted at my rwa group and this writer talked to the lawyers she worked with. This is what they said:
****
Showed the New Concepts “PUBLIC NOTICES” to a publishing attorney in my office – it is just a legal formality, and done in other arenas (although he said he hasn’t seen it used in publishing before, but said it would actually be a good idea to avoid confusion about who is holding the rights on the properties in question). For the purposes (most likely, he says, since he has no knowledge of New Concepts) of clarifying for public information who the rights holders in these properties now are and they they no longer have anything to do with the stuff. It is not to inform the authors – it is to inform the public.
My take may be that they also want to divest themselves of any responsibility should a third party suddenly start selling or excerpting the works somehow.
Not an attempt to embarrass, really. And they have to use the names and pseudonyms to avoid confusion over the same or similar titled books by different authors.
And those instances in which the author has been accused or deemed to have breached their contract and the notice indicates that the publisher will attempt to recoup costs by not paying royalties, the publisher (if they can prove breach) can recoup costs incurred if they so choose. If
it had been a traditional paper publisher, they could have demanded their advance back, for example.
Not playing Devil’s advocate here, since I don’t really know anything about the New Concepts issues. Just throwing in my legal 2 cents since I can’t swing a dead cat without hitting an IP lawyer here ….
Chaoscat aka Samantha Storm
June 28
7:27 pm
I guess my comment would be yes it might be legal but have you seen any other publishing houses do it? No because they respect the privacy of their authors. And if NCP is going to do this in future what author is going to want to submit to a house which at some point will make their private names public. And even if you don’t terminate your contract when it’s up, the management can decide to make you one of the last chance books and terminate the contract for you. So right now every author in the NCP stable has the possibility of having their real name come out publically. Some of these authors may have morality clauses in their jobs. They may have been keeping the fact they are writing erotica from their family or maybe they live in a small town.
It’s another example of NCP making a vindictive move that damages their authors and their own house.
Chaoscat aka Samantha Storm
Poppi Flowers
June 28
8:06 pm
I would say authors who aren’t ashamed of using their real names, don’t feel the need or no reason to, and those who don’t give a rat’s patooty what the neighbors, in-laws, co-workers, or fellow churchgoers think.
I’m not saying an author doesn’t have the right to hide who she is. There are circumstances that warrant concealing your identify. But if you have a morality clause in your nine-five job, perhaps you shouldn’t be writing erotica in the first place. And if you’re worried about what other people will think of you if you do get outed, maybe you should really think twice about writing erotica.
Chaoscat aka Samantha Storm
June 28
8:26 pm
Poppi Flowers,
Seems like you are writing under an alias for this particular post. Your blatant hypocrisy is stunning in its audacity.
Chaoscat Aka Samantha Storm.
Karen Scott
June 28
8:27 pm
Wow, what a terribly simplistic view Poppi.
So basically, if you don’t want your neighbours to find out that you write erotica, you should stop writing?
What if it was an author who didn’t want her children’s school mates to find out, in case they used the fact to bully her kids?
I don’t know what kind of world you live in, but it certainly seems more black and white than mine.
Karen Scott
June 28
8:29 pm
What she said.
Nora Roberts
June 28
8:31 pm
Many authors choose to conceal their legal name, for the reasons stated in 20, and for others. They wish to remain private (which is enough right there), don’t wish anyone with some computer skills to nail down their home address or personal info. Whatever their reasons are for using an a/k/a, the publisher should respect their privacy.
It’s really not relevent–or true–that one shouldn’t write erotica, or anything else–if they care what people think.
I had a friend who was a teacher at a tony private school–and who wrote Romance novels on the side, under an a/k/a. It was extremely important to her to conceal her legal name. She didn’t want the comments from her associates or her students.
Maybe I didn’t agree with her reasoning, but I didn’t live her world. She was entitled to her privacy.
queenbeetrainer
June 28
8:32 pm
Maybe this is a little narrow minded on my part, but I think that if your not threatening to blow up, poison, or otherwise maim a bunch of innocent people that you should be allowed a bit of privacy if you so desire it. I don’t think the issue is really if an author is or isn’t “proud” of what they are writing; it’s more an issue of protecting privacy if it’s desired and obligatory by contract.
Ellen F.
June 28
9:09 pm
“And if you’re worried about what other people will think of you if you do get outed, maybe you should really think twice about writing erotica.”
You’re certainly entitled to disclose your real name to the world if you want, but there’s no reason a publisher should disclose pen names in this manner when it could just as well be done privately, especially when authors have been told in the past that their pen names will be kept private. NCP apparently held this opinion not long ago, as Madris is on record above:
“As for the ‘great secrecy’ behind Kaitlyn O’Connor — I don’t allow any of the staff to announce publicly who any of the authors are who write for us under pseudonyms…”
What we think about the rightness or wrongness of pen names is irrelevant here. The broader point here is that it’s wrong to assure authors their pen names will be kept private, and then broadcast them publicly.
Similarly, I never thought the legality of the “public notice” was in question. What’s in question is the professionalism and the ethics of it. Is it right for real names to be disclosed this way? Is it professional? Does it make NCP look better and more respectable to do this? Is it standard for publishers to do this? Has anyone ever seen ANY publisher do it?
Nora Roberts
June 28
9:21 pm
~Has anyone ever seen ANY publisher do it?~
No.
AztecLady
June 28
10:03 pm
Poppi Flowers, apply your reasoning to your own use of an anonymous moniker to comment on something as innocuous as this thread.
You are not ashamed of your opinions, are you?
Then, why use a screen name?
Kayleigh Jamison
June 28
10:40 pm
I’ll just echo what everyone else said. It’s not worth the time to form a lengthy reply to Poppi Flowers about pseudonyms when she can’t practice what she preaches.
I write under a pen name. I don’t publicize my real name, but I’m fairly open about the fact that I use a pseudonym and why. But really, it doesn’t matter the reason. It’s a personal choice that authors make for a variety of reasons, and their privacy and choices should be respected, period.
Linda Mooney
June 28
10:45 pm
ITA, Kayleigh.
Let’s hope those authors whose real names were revealed don’t suffer any major consequences from it.
Anya Howard (Des)
June 28
11:20 pm
I’m with NCP (regrettably) and am one who doesn’t care if everyone knows my real name. However, some authors prefer their confidentiality. I would think that for whatever reason an author wants confidentiality a publisher with any shred of ethics would respect that choice. Of course, this is NCP, and as I’ve been reminded only today, that while NCP authors suspected of affiliation with the company are extended the courtesy of confidentiality, this courtesy is not there for everyone else.
I have to wonder if they didn’t include me on the list because I never asked for confidentiality. What fun would it be to expose my name when it’s already out there? I sure as heck wish NCP would let me out of my contract as I’ve asked before! I have no desire to be associated with this company.
queenbeetrainer
June 29
12:13 am
And this is probably why they didn’t include you; because you’re name is already out there and you don’t care. You’re point only emphasizes how unethical and unprofessional the owners of NCP are. I feel really sorry for those authors who are with them and want to get out.
Leslie Kelly
June 29
12:32 am
As someone who does not write under a pseudonym, I can only say I wish I had made that choice long ago. Having creepy mail is one thing but having some psycho creep track down my teenage daughter and reach out to her freaked me out big time.
I would never begrudge anyone their right to keep their private life separate from their public one.
CJ England
June 29
1:19 am
I’m one of those authors who were NOT given their rights back and I do have a legitimate case. I’ve sent notification of breach of contract, and have been ignored. My lawyer will be taking it from here.
And privacy is privacy. It doesn’t matter why authors choose pen names to keep their true names secret, the fact that NCP felt the need to give them out especially after Madris herself said they would NEVER do that tells us a lot about those running the place.
I only hope that all authors are taking note of this and refuse to have anything to do with NCP.
Cindy
June 29
3:18 am
That is just wrong. 🙁
Jan Springer
June 29
6:46 pm
My contracts expired with NCP so I gave the required 90 days notice and asked for a reversal of rights letter.
I received the public notice instead.
jan springer
Jan Springer
June 29
6:50 pm
Does anyone know of a legal recourse to NCP for revealling my real name in their public notice post?
jan
queenbeetrainer
June 29
8:47 pm
Jan if psuedonym was part of your contract I suppose you could sue for breach, otherwise you’re probably out of luck. Best bet is to consult with your lawyer.
Ghetto Diva
June 30
12:32 pm
Yes Poppi, please reveal to us who you are, since you have no shame in what you’re saying. I have two children who are in elementary school, and at this point wouldn’t understand what mommy writes. Whether I choose to tell them later on, is my choice. But I would do anything in this world to protect them. My husband knows what I write, my boss and friends know what I write, even my mom and Dad. I’m far from being ashamed of it. But I invite you to back up your choice of words.