Freethought & Rationalism Archive

EarlDoherty · 11-16-2010, 11:42 AM

While the immediate topic here may not in itself directly relate to BC&H, it is directly related to the efforts of several on this forum to publish works involving biblical criticism. If there is a general lack of integrity among some of the world's publishers these days, mythicists are facing an even harder battle to publish and promote their views. The attached notice has been posted on my website. Comments and advice from anyone here are welcome.

Earl Doherty

Quote:

A WARNING TO OTHER WRITERS ABOUT THE SPANISH PUBLISHER “LA FACTORIA DE IDEAS”

In 2005 I was approached by a Senor Juan Carlos Poujade of La Factoria de Ideas in Madrid, Spain. Without any prompting from me, they had seen my novel, The Jesus Puzzle: A Novel About the Greatest Question of our Time, which had been posted in its entirety on my website since 1998 (it still is). La Factoria proposed to translate it into Spanish and publish it world-wide for the Spanish market. I agreed to an advance payment on royalties of $2500 USD, and signed a contract in March of 2006.

It took the better part of a year after publication of El Puzzle de Jesus in mid-2006 to collect the advance from them. It seemed there was always some excuse to explain the delay. After a further two years during which I heard nothing from them, I contacted Senor Poujade in the summer of 2009, requesting sales reports for the previous three years since publication, according to the terms of our contract. I was assured that these would be forthcoming. They were not. After several months and nothing but silence to my further requests, I resolved to try to apply pressure in other ways.

In the meantime I had surveyed the Internet and found that my Spanish novel was selling on Amazon sites around the world, as well as other major internet booksellers. It was also being offered by many small sellers who handle individual copies, sometimes used. All this was a sign that the book had been selling steadily for a few years, at reasonably good levels, and that the advance amount had almost certainly been reached and further royalties were likely due. Had they not been, there seemed no reason why La Factoria would refuse to issue me sales reports.

This past summer I approached the Spanish Embassy in Ottawa, Canada and outlined my problem to a liaison officer there. She promised to relay my complaint to certain “authorities” in Spain. Unfortunately, I have heard nothing further through that channel. I also approached the Fraud Division of the RCMP (Royal Canadian Mounted Police) at their Canadian Head Office, but after some consideration on their part I was informed that technically, for their purposes, the case would fall under the category of Breach of Contract rather than Fraud. I had alerted La Factoria about my efforts in these directions, but continued to be ignored.

My novel continues to be sold around the world, for some four years now, but with no acknowledgment from the publisher, let alone any attention to further royalties that may be owed. They made no effort to claim that further royalties were not owing, nor have they supplied me with any information which might indicate the matter one way or the other. As far as I’m concerned, this speaks volumes.

As an author with limited resources and no influential literary agent (that, too, is a story, but for another time), I am in a difficult position, without the means to apply pressure on La Factoria, and can ill afford the considerable financial cost to locate and hire an attorney in Spain to investigate La Factoria’s books (which I would have every right to do). No doubt the publisher is well aware of this.

This past September I informed Senor Poujade that I intended to post an account on my website of this whole sorry affair, as a warning to other writers who might consider approaching, or might be approached by, La Factoria. I also told him that I would be seeking out other websites, blogs, discussion boards, etc. on which to post similar notices, including in Spain, as I can have my posting translated into the Spanish language. Again, I was ignored.

If there are any fellow writers out there who would like to recommend any such sites, blogs or boards, please let me know. Also, if there happen to be any other writers who have had similar experiences with La Factoria de Ideas, I would be more than willing to give them a voice here as an addendum to this account.

Incidentally, I am facing possibly similar situations in regard to books of mine (including The Jesus Puzzle) translated by two Korean publishers and a German publisher. Is there no honor among foreign publishers these days?

Gorit Maqueda · 11-16-2010, 12:55 PM

I have bought several books from La Factoria in the past ten years (incidentally, science fiction, both modern and classic) and never suspected they treated writers that bad. You have my sympathy.

manwithdream · 11-16-2010, 06:43 PM

Earl,

I am not a lawyer, but I think you don't need a lawyer in Spain. You have to get a copyright lawyer in your country because I have heard there are international agreements about copyrights. I don't think they expect everyone to run around the world enforcing copyrights. There must be a way to deal with it legally in your country because they might have lost the right to publish your book by breaching your contract. You should read your contract, but still get a local copyright lawyer to see what you can do.

Have you tried to talk to a copyright lawyer in your country or whatever kind of lawyer knows about these copyright treaties? I think that is what they call these agreements.

Have you googled information on international copyrights? You should also try to ask Morris Rosenthal at Foner Books. He is a well-known self-publishing blogger who answers emails from authors like you. He is a very nice and smart guy.

http://www.fonerbooks.com/contact.htm

Kenneth Greifer

EarlDoherty · 11-16-2010, 07:03 PM

Thanks, Kenneth, I'll look into both your tips.

Earl

mountainman · 11-16-2010, 09:37 PM

Good Day there Earl,

I can only support these recommendations below in the first instance. See a local IP attorney on how to best proceed. I have had extensive experience (maybe 20 years) in the area of international intellectual property. (My role involved Intellectual Property Management Systems - I.T., but I picked up a few things about their practice)

I think you will find that those who handle cases of Copyright Infringements are also involved in the various actions surrounding patents, trade marks, designs, plant rights, etc, so see a local one first.

At the end of the day, they will contact an associate in the countries in which you are having problems, I guess you do need to determine the country in which the books are being both published and sold. They may not be the same, but I suggest that the most expedient course is for you to take actions at a country level, via a local IP Attorney in that country, but that this can be achived through a IP Attorney close to you. These people all have associates in all countries.

In this manner you may even seek to recover any lost income and all other costs from these publishers, and the IP Attorney should be able to advise varying estimates on this. I trust you will get this sorted out in due course.

I wish you the best in these actions.
And in your future publications.

Pete

Quote:

Originally Posted by manwithdream

Earl,

I am not a lawyer, but I think you don't need a lawyer in Spain. You have to get a copyright lawyer in your country because I have heard there are international agreements about copyrights. I don't think they expect everyone to run around the world enforcing copyrights. There must be a way to deal with it legally in your country because they might have lost the right to publish your book by breaching your contract. You should read your contract, but still get a local copyright lawyer to see what you can do.

Have you tried to talk to a copyright lawyer in your country or whatever kind of lawyer knows about these copyright treaties? I think that is what they call these agreements.

Have you googled information on international copyrights? You should also try to ask Morris Rosenthal at Foner Books. He is a well-known self-publishing blogger who answers emails from authors like you. He is a very nice and smart guy.

http://www.fonerbooks.com/contact.htm

Kenneth Greifer

Roger Pearse · 11-17-2010, 01:47 AM

Depressing news, this. But copyright is something the US itself ignored until it had books to sell (i.e. before 1923). UK authors in those days tended to find that they had to take whatever they could get, and, at worst, at least know that their names were being boosted by the pirate sales.

You need better advice, from someone based in the US who has dealt with such a situation. Try copyright fora.

I would tend to try to find a *reputable* Spanish lawyer and sue, but ... but, but, but ... you need to know what it would cost and whether you actually could win, in case the lawyer simply strung things out for his own profit. Lawyers in these countries are often in league with the locals themselves. Some examples of people who *have* managed to enforce their rights would be useful; if there are none, why waste your time?

It's very worth considering that these countries do not have honest legal systems, whatever the appearance of things, and the foreigner is fair game. You may not know that a lot of British people bought homes in Valencia, and local politicians conspired with local builders to simply use the grounds of the properties without compensation, and indeed to force the foreigners to pay for some of the works that ruined their lives. The foreigner? Just a mug to be plundered.

That could not happen in our world; but it is a guide to the attitudes prevalent among the ruling class in Spain (and indeed Greece and probably elsewhere).

Roger Pearse · 11-17-2010, 01:49 AM

In Germany, on the other hand, this should not happen. The German publishing industry is fanatical about copyright.

EarlDoherty · 11-17-2010, 09:44 AM

Thanks, Roger. Some good advice there.

Thanks to all,

Earl

Roger Pearse · 11-17-2010, 01:17 PM

You're welcome.

Gorit Maqueda · 11-17-2010, 02:23 PM

Oh, well. Spain invented corruption. Indeed. And the victims are mainly foreigners. Sure. "We" and "they". Quite fair and balanced.

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11-16-2010, 12:55 PM	#2
Gorit Maqueda Junior Member Join Date: Dec 2006 Location: Valdebernardo Posts: 73	I have bought several books from La Factoria in the past ten years (incidentally, science fiction, both modern and classic) and never suspected they treated writers that bad. You have my sympathy.

11-16-2010, 06:43 PM	#3
manwithdream Regular Member Join Date: Jun 2006 Location: united states Posts: 156	Earl, I am not a lawyer, but I think you don't need a lawyer in Spain. You have to get a copyright lawyer in your country because I have heard there are international agreements about copyrights. I don't think they expect everyone to run around the world enforcing copyrights. There must be a way to deal with it legally in your country because they might have lost the right to publish your book by breaching your contract. You should read your contract, but still get a local copyright lawyer to see what you can do. Have you tried to talk to a copyright lawyer in your country or whatever kind of lawyer knows about these copyright treaties? I think that is what they call these agreements. Have you googled information on international copyrights? You should also try to ask Morris Rosenthal at Foner Books. He is a well-known self-publishing blogger who answers emails from authors like you. He is a very nice and smart guy. http://www.fonerbooks.com/contact.htm Kenneth Greifer

11-16-2010, 07:03 PM	#4
EarlDoherty Veteran Member Join Date: Oct 2005 Location: Ontario, Canada Posts: 1,435	Thanks, Kenneth, I'll look into both your tips. Earl

11-17-2010, 01:47 AM	#6
Roger Pearse Veteran Member Join Date: Apr 2002 Location: N/A Posts: 4,370	Depressing news, this. But copyright is something the US itself ignored until it had books to sell (i.e. before 1923). UK authors in those days tended to find that they had to take whatever they could get, and, at worst, at least know that their names were being boosted by the pirate sales. You need better advice, from someone based in the US who has dealt with such a situation. Try copyright fora. I would tend to try to find a reputable Spanish lawyer and sue, but ... but, but, but ... you need to know what it would cost and whether you actually could win, in case the lawyer simply strung things out for his own profit. Lawyers in these countries are often in league with the locals themselves. Some examples of people who have managed to enforce their rights would be useful; if there are none, why waste your time? It's very worth considering that these countries do not have honest legal systems, whatever the appearance of things, and the foreigner is fair game. You may not know that a lot of British people bought homes in Valencia, and local politicians conspired with local builders to simply use the grounds of the properties without compensation, and indeed to force the foreigners to pay for some of the works that ruined their lives. The foreigner? Just a mug to be plundered. That could not happen in our world; but it is a guide to the attitudes prevalent among the ruling class in Spain (and indeed Greece and probably elsewhere).

11-17-2010, 01:49 AM	#7
Roger Pearse Veteran Member Join Date: Apr 2002 Location: N/A Posts: 4,370	In Germany, on the other hand, this should not happen. The German publishing industry is fanatical about copyright.

11-17-2010, 09:44 AM	#8
EarlDoherty Veteran Member Join Date: Oct 2005 Location: Ontario, Canada Posts: 1,435	Thanks, Roger. Some good advice there. Thanks to all, Earl

11-17-2010, 01:17 PM	#9
Roger Pearse Veteran Member Join Date: Apr 2002 Location: N/A Posts: 4,370	You're welcome.

11-17-2010, 02:23 PM	#10
Gorit Maqueda Junior Member Join Date: Dec 2006 Location: Valdebernardo Posts: 73	Oh, well. Spain invented corruption. Indeed. And the victims are mainly foreigners. Sure. "We" and "they". Quite fair and balanced.

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