Posted by Victoria Strauss for Writer Beware®

Two issues involving Audible's ACX have come across my desk recently.

Rights Fraud

I've heard from several self- and small press-pubbed authors who report that they've found their books listed on ACX as open to narrator auditions...except that they, or their publishers, didn't put them there. This appears to be an attempt to steal authors' audio rights.

Below is one listing. Here's another and another and another. (All of these listings have been invalidated by ACX.)


See "Comments from the Rights Holder" at the bottom. The purported company, Publishing D LLC, does not show up on any searches.

The fraud seems pretty elaborate. Here's what one of the authors who contacted me told me:


These comments from a freelance audiobook narrator illustrate that "Publishing D" is not an isolated incidence.

Promotional Code Shenanigans

Multiple authors have contacted me to report that they've received an email from ACX withdrawing their promotional codes. The cited reason: "unusual activity," with no explanation of what that means.

The authors say that they have not used the codes improperly or violated ACX guidelines; in some cases, they've used the codes only a handful of times or not at all. See, for instance, blog posts by authors G. Michael Vasey and Adam Piggott. Per discussions on the KBoards and Reddit, a lot of authors seem to be affected.

Is this one of Amazon's (Audible's parent company) periodic crackdowns on misuse or fraud that has inadvertently ensnared innocent authors? According to author and self-publishing expert David Gaughran, ACX promo code scamming is a major problem, and Amazon's anti-abuse sweeps often involve a lot of collateral damage. Or could it be an error--a glitch or rogue algorithm?

So far, authors' efforts to get a fuller explanation have run up against the black box that is Amazon:


If I hear anything further, I'll update this post.

UPDATE 11/27/19: One of the authors who alerted me to the promo code withdrawal has received a notice saying that their codes are reinstated--however, they say that the promo code tab has yet to appear in their dashboard.


UPDATE 2/25/29: More about ACX scams, from a comment left by a narrator:

About the ACX thing...I was contacted by ACX to narrate three books, however, the person who offered the contracts kept emailing and frantically telling me to send them my book codes. I got leary and called ACX. They said unfortunately there are many scams taking place where if a book is "unclaimed" in their system, someone may grab it and offer it as an audiobook contract. Then they keep the codes and blackmarket sell them. They do not pay the narrators. Many other authors are experiencing it, they said, but they have no way to regulate it.

I declined the offers and got a nasty note from the contract holder. I was also told that since I corresponded with them, they had my email that is associated with Amazon..the same one. So, ACX said I had to go change my email on Amazon or they would have access there too. Geez.

In mid-2016, I wrote about YA publisher Month9 Books' abrupt decision to scale back its list, reverting rights to as many as 50 authors across all its imprints. Explaining the culling, Month9 founder and CEO Georgia McBride cited her own health problems, along with staffing issues and the company's "substantial growing pains" over the past six to nine months.

McBride's announcement triggered a surge of complaints from Month9 authors, who described a host of serious problems at the company, including late or missing payments (for staff as well as authors), problems with royalty accounting, delayed pub dates, broken marketing promises, overcrowded publication schedules, communications breakdowns, and harsh treatment and bullying by McBride.

According to authors and staff, these problems were not new or even recent, but had been ongoing for a long time. Why had authors kept silent? Almost every writer who contacted me mentioned their fear of retaliation--along with the draconian NDA included in Month9's contracts. I've rarely encountered a situation where authors seemed so fearful of their publisher.

Things quieted down after the initial flood of revelations, as they often do. Month9 survived and kept on publishing, though its list continued to shrink: between a high point in 2016 and now, the number of titles appears to have fallen about 50%. Apart from a handful of additional complaints in late 2016 and early 2017 (similar to this one), I didn't hear much about Month9 in the years following.

Until now. Over the past few weeks, I've been contacted by multiple writers who say they are still suffering from the same problems that surfaced in 2016: primarily, late (sometimes very late) royalty and subrights advance payments and statements (in many cases received only after persistent prodding by authors and their agents), and allegations of irregularities in royalty reporting.

The intimidation level, too, seems not to have changed. Most of the authors told me that they feared reprisal for coming forward, and asked me specifically not to mention their names or book titles. (Writer Beware never reveals names or other unique identifying information, unless we receive specific permission from the individual. That disclaimer is included on our website and in our correspondence.)

If you've been following the recent ChiZine scandal, you may be feeling some deja vu--notably, in the alleged existence of a toxic culture within the publisher that makes authors fearful and and helps to keep them silent. It's disappointing to learn that even if the issues that thrust Month9 into the spotlight three years ago have gone quiet, they don't seem to have eased. Writers be warned.


I wrote about Black Rose Writing in 2009, in connection with its requirement that authors buy their own books. Writers who submitted were asked how many of their own books they planned to buy; their response was then written into their contracts. (Book purchase requirements are back-end vanity publishing: even if writers aren't being asked to pay for production and distribution, they still must hand over money in order to see their work in print.)

Black Rose got rid of the book purchase requirement a few years later, and claimed to be a completely fee-free publisher. I had my suspicions that money might still somehow be involved, though...and as it turns out, I wasn't wrong.

I've recently learned that new Black Rose authors receive a Cooperative Marketing Catalog that sells a range of pay-to-play marketing and promotional services, with costs ranging from a few hundred dollars to four figures. For instance:


It's true that purchase is optional (though I would guess that authors are heavily solicited to buy). But reputable publishers don't sell marketing services to their authors--and in any case, much of what's on offer are things that other publishers, even very small ones, do for their authors free of charge, as part of the publication process.

That's not the only way in which Black Rose authors are encouraged to pay their publisher. Owner Reagan Rothe is a self-described "financial partner" in two additional businesses: the Maxy Awards, a high entry fee book competition that donates "a large part of every entry" to a charity (how large? No idea; that information is not provided); and Sublime Book Review, a paid review service.

Though Mr. Rothe's financial interest in these businesses is not disclosed on the business's websites, both businesses are clearly energetically promoted to Black Rose authors. On Sublime's website, nineteen of the first 20 book reviews are for Black Rose books. There's also this, from the marketing catalog (note the lack of disclaimer):


As for the Maxys, thirteen of the 17 winners and runners-up for 2019 are Black Rose books.

Mr. Rothe does admit his relationship with the businesses in this recent email to Black Rose authors--though only to afford them yet another opportunity to give him money:

Posted by Victoria Strauss for Writer Beware®

In my first post about the ways that predatory companies attempt to ensnare unwary writers who are searching for publishers, I discussed fake publisher-matching websites. In my second, I exposed the scammy Google ad tactics of vanity publisher Austin Macauley.

In this third post, I'll talk about an equally insidious practice: providing misinformation or even outright lies about traditional publishing, in order to make self- or vanity publishing appear superior.

Yesterday on Twitter, someone tweeted this chart, which purportedly compares traditional publishing and self-publishing.


If you're even slightly savvy about publishing, the inaccuracies are easy to spot. Trad pubs often pay royalties on retail price (not "net sales"), or pay a higher percentage (higher royalties are especially common in the small press world). Trad pubs that pay advances don't withhold them from less popular authors, and they don't require authors to make "certain minimum orders" or to buy thousands of copies of their own books. And while it's often true that smaller traditional publishers don't provide much in the way of PR or marketing support, and larger houses invest more marketing in more popular books and authors, they don't simply ignore 95% of their output (this makes no sense; what business markets only 5% of its products?)

As for author rights...trad pubs do license exclusive rights from authors, sometimes for a period of years, sometimes for the life of copyright (with reversion usually happening well before then). But they don't gain ownership of them (as "all rights are with the publisher" implies), because the author retains copyright--plus, authors can often negotiate to keep some of their subsidiary rights. And although self-publishing is typically non-exclusive, allowing authors to publish on multiple platforms if they wish, they do still have to license publishing and distribution rights to whichever platform or service provider they choose--otherwise, the platform couldn't legally produce and sell their books.

The chart comes from this how-to-self-publish article, which is really just a long ad for PublishEdge, which is (surprise!) a paid publishing services provider.


PublishEdge is a "division" of Zaang Entertainment Pvt Ltd, which, unlike the Philippines-based scams I've been covering so much lately, is based in India. The range of services it sells aren't priced as high as some of the scammers', but there are still plenty of warning signs: no information about who is providing the services on offer (so you have no idea who they are or if they're qualified); no cover or website design samples (so you have no idea what you'd be getting for your money); and this pitch for ghostwriting services, which invites you to "Discover the simple secret to how celebrities and busy professionals get their books published without actually writing", courtesy of "our book writing experts", who (judging from the description of the service) basically type up a Skype interview into a chapter book. Most likely these unnamed "experts" are hired on Upwork or Fiverr or a similar jobs site (holy plagiarism scandal, Batman!).

PublishEdge isn't alone in misrepresenting traditional publishing in order to make itself look more attractive. Among other alternative facts, this chart from Morgan James, a vanity publisher with an author purchase requirement, claims that "many major houses" require authors to buy 5,000 copies or more of their own books (doesn't that make MJ's 2,500 purchase requirement seem appealing?), and that trad pubs provide no PR or marketing support for 94% of their books and authors. (Hmmm. Could PublishEdge have borrowed a little something there?)

Here's another misleading comparison, from Union Square Publishing, a self-styled hybrid (read: vanity) publisher. It too borrows heavily from Morgan James's chart, with several of the same dubious claims. Here's another one--this time from Success Publishing, which sells Chicken Soup-style anthology slots.

This one, from "custom" publisher Momosa Publishing (packages start at $5,900), doesn't tell quite so many fibs, but encourages you to believe that trad pubs cap their royalties at 6%, and don't market their books to libraries. And then there's this from Atmosphere Press, another so-called hybrid, which wants to convince writers that a $5,000 publishing fee will save them from the "raw end of the deal" they'd get from a trad pub, "losing not just their royalties but also the rights to their material and to their control over their art." Not addressed: the likelihood of ever making that $5,000 back.

These are just a few examples; there are many more. If you use the internet as part of your publisher search, you're very likely to encounter them (in some cases, disseminated by self-styled experts who ought to know better). It's a great argument for a step that many writers skip: learning about publishing before diving into the quest for publication. As with all aspects of publishing, knowledge is your greatest ally and your best defense: the more you know about the way things really work, the better protected you will be against the disinformation described above.

Final note: I know that many writers have had bad experiences with traditional publishers--I've had some myself. Especially in the small press world, many traditional (at least in the sense that they don't charge fees) publishers engage in nonstandard and author-unfriendly business practices. There's plenty of discussion of that on this blog. I'm not trying to paint trad pub as perfect, or argue that it's necessarily a better choice for any given writer.

But deliberate distortions like those described above don't help anyone, even if you don't take into account their obvious self-serving agenda. Tarring an entire segment of the publishing market with a broad negative brush--especially where some of the supposed negatives are demonstrably false--is as irresponsible as arguing (as some people still do) that only traditional publishing is a worthwhile path. 

Posted by Victoria Strauss for Writer Beware®

Beginning on Friday, February 8, dozens of authors with mystery publisher Henery Press received some version of this email.

Dear ________,

Before entering 2020, we felt it prudent to review future projections for _______ series, taking into consideration recent releases and overall performance. To provide an unbiased professional opinion and guidance in our 3-year strategic plan, we hired a consulting firm with experience in the industry. This allowed us to analyze not only your specific series, but also the competitive landscape and industry as a whole.

Unfortunately the sales of _______ series do not justify the publication of future titles beyond 2020. We know this is disappointing. The market has become beyond saturated (especially in mystery fiction), with all leading indicators pointing to even more intense competition for consumer dollars in the next cycle and beyond....

Although we don’t have a pathway forward with your new titles, we will continue to sell and support your backlist titles as usual under the terms of our original publishing agreement. To be clear, we will not be reverting the rights on any of your already published title(s), only future titles specifically outlined in the addendum to follow in the next week.

A number of the cancellations affected books that had been completed, turned in, and scheduled for publication, with some authors having already made promotional plans. Others interrupted series whose first installment hadn't yet been published--with Henery holding on to the yet-to-be-published book and reverting rights to the rest. Cancellation of a series before it's completed can be tough--another publisher may not want to buy into a series mid-stream, and while followup titles can be self-published, it's difficult to promote a series when it's split up like this.

The cancellations came out of the blue (nothing had been said about any strategic plan or consulting firm). But while some writers were blindsided, others weren't hugely surprised. Although they have praise for the company's early days, Henery authors say that problems have been increasing for some time, with staff departures (interns are reportedly used to do a lot of the editing, with sometimes substandard results), late royalty checks and reports (several authors told me that they feel there are discrepancies in their sales figures), diminishing marketing (according to multiple writers, virtually no promotional support is provided), ordering problems (writers cite non-returnability and nonstandard discounts), and difficulty with communications.

"Over time," one author told me, "Henery Press’s business model started to look more like a company that assists with self-publishing and less like a real publisher." (In fact, Henery uses CreateSpace for printing, and Barnes & Noble lists Henery ebooks as "indie".)

I've gotten a variety of additional complaints, which I'm not able to share here because they could compromise confidentiality. There seems to be considerable fear among Henery authors that they will be penalized for speaking out--which may be why almost no word of the cancellations has escaped. There's also the gag clause in the rights reversion addendum that authors are receiving:


One writer told me, "HP payback tactics (they're so vindictive) are hell. [Authors are] afraid if HP even suspects they've contributed, the books they have will go down." I truly wish this weren't such a common component of publisher implosions.

So is Henery imploding? Mass cancellations are never a good sign, and often indicate financial distress. Some Henery authors don't feel that's the issue, though, or not the only issue: they speculate that the owners intend to retire, and are keeping the company alive in order to retain the income stream from existing titles.

I emailed Henery's owner, Art Molinares, for comment. As of this writing, he hasn't responded.

Mystery Writers of America (where Henery is listed as an Approved Publisher) is aware of the situation, and is monitoring it. If you've been affected, you can contact MWA here. Be sure to put "Henery Press" in the subject line. All communications are confidential.

I will post updates as I receive them.

Above: A new sticker to accompany my new pin! For worthwhile and obvious reasons, Emerald City Comic Con was cancelled this past week. (It’s been tentatively rescheduled for August.) So, like many folks for whom that convention is a tentpole of their business year, I did all the usual prep for the show, but didn’t […]

Alexandra Savior “Bad Disease” Alexandra Savior belongs to a long tradition of torch singers, but the sound and lyrical concerns of “Bad Disease” place her in the overlap of a Venn diagram of Portishead and Lana Del Rey. I know it can read like a backhanded compliment to say an artist sounds like two others, […]

Kate Bollinger “A Couple Things” The music of “A Couple Things” is so loose, smooth, and assured that it’s a little surprising the lyrics are so anxious and obsessed with making mistakes. Kate Bollinger’s voice conveys some vulnerability, but even that seems measured, like she’s answering the concerns of her past self with a display […]

Walking down the hallway at school, an administrator stopped me in my tracks. I felt her eyes glare from the top of my head, past my torso and down my legs. She told me that my shorts were too short and that she didn’t want to see me wearing them ever again. I felt embarrassed […]

As we watch right-wing agitators, Fascists, media personalities, and the impeached president howl about ending Stay at Home before the public health experts say we should, remember that, as a […]

I was so mad at myself and also pleased with myself when I came up with that song concept

violins break too easy

Beeps!

much love for y'all

My love of french fries is vast and well–documented — preferably in a golden, crisp and glittering-with-fine-salt heap with some aioli, an artichoke or oysters and ice-cold, very dry champagne, outside at a bustling cafe in a life that seems a bit distant right now — so I hope you will take this statement with the utmost gravitas when I say that these crispy potatoes are as good as, if not better, than fries.

Read more »

Set after the Great Depression, Morrison’s heartbreaking debut explores beauty and finds joy where there really should be none

This week, amazingly, I read a book. Just the one, though – let’s not get excited. I suspect I was only able to do so because I wasn’t reading for pleasure, but because I’ve been asked to write a foreword for it. The book I read was The Bluest Eye by Toni Morrison, a novel about a young, dark-skinned girl growing up in the US after the Great Depression who believes herself to be ugly; she wishes for blue eyes in the hope that they will make her beautiful. I had started to read it a few years ago, but was so overwhelmed that I had to put it down. This time, I knew, contractually, that I was going to tackle it head on.

Usually I blitz through a book. But it’s Toni isn’t it, so you’ve got to gear yourself up for heartbreak, some trauma, and also to learn some things about yourself, and human nature, that you’d rather not be faced with. If she did one thing impeccably, it was holding a mirror up to society and saying: “Look at how we live. Are you proud of that?” And the answer cannot always be yes.

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Care minister’s request is admission that centralised programmes have fallen short

Coronavirus – latest updates

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Ministers have asked local directors of public health to take charge of Covid-19 testing in English care homes in what will be seen as a tacit admission that centralised attempts to run the programme have fallen short.

In a letter to sector leaders, seen by the Guardian, the care minister, Helen Whately, acknowledged that testing of care home residents and staff needs to be “more joined up”. She describes the new arrangements as “a significant change”.

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Lockdown has changed the way we date. Is it possible to form the same kind of connection through a screen? To find out, we set up six strangers on three virtual blind dates ...

Today in Focus has been wondering what online lockdown dating is like now social distancing has taken face-to-face meets ups out of the equation. So we worked with the Guardian’s Blind Date column and asked listeners to let us matchmake them with a stranger on a virtual date, with dinner provided ... Host Rachel Humphreys introduces the first three couples in part one of a two-part special.

Harry, a 32-year-old producer from the UK meets Jayson, a 25-year-old journalist in Hong Kong. Sam, a 34-year-old currently residing in Los Angeles has been paired with Jennifer, a 28-year-old civil servant from the UK. And Titus, 36, spent a virtual evening with Len, a 30-year old amateur Muay Thai fighter, despite the fact they live just a few roads away from one another.

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Security council had spent weeks seeking resolution but Trump administration opposed mention of organization

The US has blocked a vote on a UN security council resolution calling for a global ceasefire during the Covid-19 pandemic, because the Trump administration objected to an indirect reference to the World Health Organization.

The security council has been wrangling for more than six weeks over the resolution, which was intended to demonstrate global support for the call for a ceasefire by the UN secretary general, António Guterres. The main source for the delay was the US refusal to endorse a resolution that urged support for the WHO’s operations during the coronavirus pandemic.

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Epidemiologists use the term to describe tragic excess deaths – but for Covid-19 it seems to be the de facto government policy

There’s a term we use in epidemiology to capture the essence of increases in deaths, or excess mortality, above and beyond normal expectations: “harvesting”. During heatwaves, or a bad season of influenza, additional deaths above what would be normally seen in the population fit this description. Harvesting usually affects older people and those who are already sick. Generally, it is viewed as a tragic, unfortunate, but largely unpreventable consequence of natural events. It carries with it connotations of an acceptable loss of life. It is, in a sense, what happens as part of a normal life in normal times. But the word also has darker connotations: those of sacrifice, reaping, culling. As such, while it may appear in textbooks of epidemiology, it doesn’t occur in national influenza strategic plans or national discourse. The concept of harvesting is restricted to epidemiological circles.

But what if politicians promote the notion of harvesting (while declining to use the term) where it is not a “natural” consequence of events but a direct consequence of government policy? What if the medical and nursing world do not accept harvesting in these circumstances? What if a policy that results in harvesting cannot be articulated because it is unacceptable to the broader population? This is where we have got to with the coronavirus pandemic. Nowhere better exemplifies this tension between a policy and its popular acceptance than the effects of coronavirus in nursing homes.

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With states opening even as Covid-19 rages on, the president is rolling the dice on his career – and tens of thousands of lives

• Coronavirus – latest US updates
• Coronavirus – latest global updates

On Monday the Republican governor of Nebraska, Pete Ricketts, a close ally of Donald Trump and frequent visitor to the White House, opened his daily coronavirus briefing with a big announcement. “Today is May 4,” he said, “the first day of loosened restrictions statewide.”

With his declaration, Ricketts placed Nebraska at the vanguard of America’s reopening. Churches can now open their doors to worshippers, wedding bells and funeral dirges will be heard once more, hospitals can reschedule elective surgeries, and most Nebraskans will be able to resumehaving their hair cut, nails manicured, bodies massaged and skin tattooed.

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Our pets are our children, and they deserve to be spoiled as such.

That's why we had to share with you these tiny crochet cat couches created by the crafty people on the subreddit r/crochet.

Sure, you could go and just buy a cat bed without exerting much effort, but they're not as fun or cute as this too cute to handle cat couch.

So, if you're looking for a new crochet project to tackle, this has got to be it! 

The couches are shaped with thick foam and polyester filling to really give it that comfy sofa look.

There are a few craft stores online who are offering the crochet patterns if you like. 

Let's bask in the warm sunshine that is wholesome and silly animal photos.

Let the images soak into your skin and heart, and just let that warmth spread to every inch of you. 

It's what you need. It's what we all need. And if for some reason this measurable dump of wholesomeness doesn't satisfy you, there's always more wholesomeness to be found. 

Unless you’re particularly fond of looking at the back of 88 individual WS2812B LEDs, these “RGB Goggles” from [Mukesh Sankhla] won’t offer you much of a view. But from an outsider’s perspective, the smartphone-controlled glasses certainly make a statement. Just don’t try to operate any heavy machinery while wearing them. …read more

[a-RN-au-D] was looking for something fun to do with his son and dreamed up a laser blaster game that ought to put him in the running for father of the year. It was originally just going to be made of cardboard, but you know how these things go. We’re happy …read more

Remake of Monolith Software's Wii game launches on May 29

New manga in Blue Giant franchise sees Dai going to America

Tumblr is a website of thoughts bouncing from one thing to another, filled with Tumblr rabbit holes to fill time and wildly creative thoughts like the idea of an alien invasion being fought off by wildlife. That said, a lot of it is silly puns, weird facts and people being dumb for dumbness sake.

When someone believes their own BS a little too hard, their ego starts to spiral out of control and before you know it, this ridiculous individual believes they're a genius. Maybe they're still riding a developmental achievement like being an "early reader" or they just took a bogus online test that told them their IQ is a thousand. Either way the internet is swimming with absurd individuals who believe they're geniuses and they're here to ruin jokes and brag about themselves.

This fun Tumblr thread explores a notorious art world drama. The drama started with Anish Kapoor being a prick about ownership over colors. Then, we see another dude named Stuart Semple, come into the mix, and take things to petty heights like never before. It's honestly an awe-inspiring level of petty. Art world dramas are fun. 

The brain works really hard to make sense of the constant stream of information coming at it, and for the most part it does a pretty good job. That said, a small shift in perspective can turn unassuming situations into double-take inducing photos of intriguing perspective. Your brain is doing its best, but at times it's name match against double-take causing images of skewed perspective.

Yay, this fun little Tumblr thread involves a barista dude talking about his overwhelmingly positive antics, at the cafe. Sounds like some people get with that energetic flow, while others want nothing to do with the bubbly optimism. Either way, it sounds like this barista is completely at peace with where they are in the game of life, and thus decided to have fun with the moment as it is. Those drink nicknames are something else. 

Well, well, this quick and informative Tumblr post provides just the kind of knowledge that one would sincerely hope they never have to employ. Yes, we're talking about making an escape from a coffin, if one ever finds themselves in the predicament of being buried alive. Hopefully, it's knowledge that never needs to be used. But here it is anyways. Good old Tumblr pulling through in the weirdest of ways, yet again. 

Get ready to soak up all this random knowledge about just how wild medieval battle tactics were. It's a true rollercoaster. 

This guy got challenged to make music with bricks, so he went ahead and played The Weeknd's "Blinding Lights" with bricks. Um, that's amazing. Had no idea that was possible. 

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The UK government says its coronavirus strategies are based on science, but the scientific advice it has received won’t be made public until after the pandemic

A cheap, lightweight smartphone-heated device can test for DNA in blood, urine and other samples in a fraction of the time it takes to test in a lab

While an alarming 9 per cent of insects on land are being lost each decade, the state of the world’s insects is much more nuanced than warnings of an insect apocalypse

Black paint usually absorbs heat, but a new two-layer polymer paint reflects infrared light and keeps objects 16°C cooler, which could help make buildings more energy efficient

A 3D printed grate can be used to make a smart window that blocks heat from sunlight out in the summer while letting it through in the winter, conserving energy

The Pine Island glacier has three tipping points that could lead to the collapse of the entire West Antarctic ice sheet, potentially raising sea levels by 3 metres over centuries

The ongoing spread of bluetongue virus among European farm animals may have started when a cow was inseminated with infected bull semen stored from an earlier outbreak