Heat All Around

Monday, September 6, 2010

What's in a Contract?

How important is it for a publisher to make sure they put the ACCURATE information in the contracts they have between themselves and the Author?...Given what is below, for Red Rose Publishing...not very.

This is the ONLY contract Kat Holmes has EVER received from Red Rose Publishing for her Gods At Work Series. Please note this is for WORKING UNDER COVERS…even though Ms’ Felter sent it as WORKING UNDER COVER…and I, Lin Holmes write as L.J. Holmes, have NEVER written for Red Rose Publishing and have NEVER written under my daughter KATHRYN RYDBOM’S pen name KAT HOLMES. Also nowhere does it mention Book two in the series HEART OF THE QUEEN, and the ROFR does NOT give an auto contract to Red Rose Publishing and Ms. Felter despite what she told both Kat Holmes and Kat's editor Ms. RO when they questioned the rush to edits for a non-contracted manuscript.

This is from the actual e-mail sent to Kat Holmes from Ms. Felter with the following listed attachments. This e-mail and all the attachments are available to back up what is reproduced here.

• AuthorInfo-Sheet.rtf
• CA form.rtf
• KatHolmes_Working Under Cover_NewContract.rtf

--- On Sat, 12/5/09, Red Rose Publishing Submissions wrote:

From: Red Rose Publishing Submissions
Subject: Your contract for Working Under Cover
To: mykitty130@yahoo.com
Date: Saturday, December 5, 2009, 12:10 PM
Here you go.

SOrry about that

Take care and have a great day!

Red Rose Publishing Staff

12065 Woodhull Rd.
Forestport, NY 13338
Phone: 315-392-5590

This contract is entered into in good faith and signatures from all parties named herein indicate acceptance and agreement to the terms described herein. This contract shall be considered legal and binding in all countries. If there should be any legal dispute, the laws of the state of New York shall apply.

This publishing agreement is entered into and effective on the date signed by both parties, initialized between _Linda Holmes_ writing as __Kat Holmes herein called Author, and Red Rose™ Publishing herein called the Publisher, _Working Under Cover__herein called Work.

X. Ownership of Characters

A. Except as allowed under the sections of this agreement governing promotion of the Work, Author owns the characters and controls their use in sequels or series books, whether published by Publisher or another publisher. Publisher will have a non-exclusive right to use the title and all material, including characters in the Work, for the purpose of advertising, publishing and promoting the Work.

B. [ X ] (check if applicable) If the Author writes another Work that is a sequel to the Work covered in this agreement, using an identical theme and/or major characters from the contracted Work, Publisher retains a right of first refusal for the subsequent Work. If Publisher does not accept for publication this additional Work, the Author will be free to market rights for the new work without encumbrance.

XII. If Publisher Suspends Operations, Sales

A. If the Publisher suspends operations, other than a temporary suspension for technical difficulties, such as a loss of web server, all rights delineated in Section I shall immediately revert to the Author. If the Publisher's operations are ordered suspended by any governmental or police entity, or by Injunction or Restraining Order, all rights shall immediately revert to the Author. If the suspension is lifted and operations resume, Author and Publisher may agree in writing to continue this agreement under the same or revised terms.

AUTHOR __ ____________________________ Date:__________
Print Name ___________
Pseudonym (if applicable) ____________
Address _______________
City, State, Postal Code, Country: _______________
Daytime telephone number:_____________
Evening telephone number :____________
Email address: ______________________
Social Security Number or Tax identification number _____________

PUBLISHER or Assigned: Wendi R. Felter
Date: December 5th, 2009
Red Rose™ Publishing
12065 Woodhull Rd
Forestport, NY 13338

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