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December 21, 2016

Questions for Vanity Publisher Austin Macauley Yield Few Answers

Posted by Victoria Strauss for Writer Beware



This post has been updated.

Over at The Writers Workshop, Harry Bingham is taking a look at UK-based vanity publisher Austin Macauley.
Are they legit? Or are they scammers?

I don’t know. I honestly have no idea. But I’ve heard some concerns raised about the firm and I think the fairest thing to do is ask the question.

If it turns out that the firm is an honourable one, seeking to do the very best for its authors, then fair play to them. I will take this post down and offer the WW as a platform for the firm to market itself. I will make it absolutely clear that we have no bad word to say about them, in public or in private.

And if they’re scammers – well, then, I hope they perish. I hope they perish soon. And I hope that those responsible for the company are deeply injured, financially and reputationally, by that collapse.
To try and solve this conundrum, Harry has formulated a list of questions that he has invited AM to answer.

Now, not to steal AM's thunder, but Writer Beware has gotten a lot of reports, complaints, and questions about AM over the years, and we've gathered a good deal of information and documentation. I thought it might be illuminating to share some of that, using a few of Harry's questions as a template. (Note that I'm not attempting to speak for AM, nor am I accusing them of doing anything illegal; I'm just sharing data that I've collected.)

Question 1: What proportion of AM’s titles are ‘traditional mainstream’ and what proportion are via ‘partnership agreement’?

This is an important question. AM does reveal on its website that it offers "contributory" contracts (using the newly trendy euphemism, "hybrid," to describe its publishing model), but it also presents itself as an "innovative independent trade publisher" and states that "we look at every new manuscript with a view to offering a traditional mainstream publishing deal." This certainly encourages authors to believe that they have a good chance of a traditional offer.

But do they? Writer Beware has heard from just four authors who were offered contracts they didn't have to pay for. By contrast, we've gotten 60+ reports from authors who received fee-based offers (along with lots and lots of inquiries about AM's reputation and business practices; it's one of the publishers we receive the most questions about). Now, I'm sure that the writers who've contacted me represent only a fraction of those who've submitted to AM. Even so, the proportion of fee offers to no-fee offers does suggest--to me, at least--that the bulk of AM's business is pay-to-play.

You can see many many many many many many other author reports of Austin Macauley's fees online.

Question 3: What is the median cost to the author of these partnership agreements?

Fees in contracts Writer Beware has seen range from £1,275 to £7,700 (the heading of fee disclosure section is "Advances," except that this is an "advance" the author has to pay the publisher). Some authors are offered a choice of fees depending on which book formats they pick.

Speaking of AM's contracts, I've seen a number, both "contributory" and not. In my (non-legal; I'm not a lawyer) opinion, they are substandard. There's no stated term for the grant of rights, and discontinuance of publication is "entirely at the discretion of the publisher." In effect, this is a life-of-copyright grant, with completely inadequate provisions for rights reversion. (I've written before about the vital importance of having a good rights reversion clause in a life-of-copyright contract.)

I've also seen a number of AM's acceptance letters. There are differences depending on the rationale for offering "contributory" contracts (new author, can't take the risk; previously published author, not successful enough) but other than that it's clearly cut-and-paste, with whole passages used verbatim in multiple letters.

Question 4: Partnership implies some joint sharing of risks and rewards. So, do you contribute a sum broadly equivalent to that contributed by your authors? If, for example, your launch costs for a book are expected to be £6,000, do you ask the author for £3,000 and contribute the other support yourselves? And if not, then, please, how does it work?

Obviously, I can't answer for Austin Macauley, nor would I attempt to do so. Speaking generally, however, many pay-to-play publishers promise or imply that they are contributing part or most of the expense, and the author fee is just a portion--but in fact, what authors pay is far more likely to cover not just the whole cost of publication, but the publisher's overhead and profit as well.

Also, since fee-based publishers' profit typically comes primarily from author fees and book purchases, rather than from book sales to the public, most have little reason to invest in professional-quality editing, marketing, and distribution. In fact, they have substantial incentive to skimp on these things, since they reduce profit.

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AM has responded to Harry (sort of) in an email that can be seen at the bottom of Harry's post, and also in a post on its own blog. Neither response comes close to addressing Harry's questions. Here's AM explaining why. (UPDATE: AM has objected to Harry reproducing its email verbatim, so what appears now is a paraphrased version.)
We would like to be as transparent as possible in answering your questions. However, as I am sure you understand, many of the details you ask for could potentially require us to break confidentiality, in terms of both our business and of our authors. We plan to discuss these issues fully with Austin Macauley’s lawyers, who will tell us precisely how much information we are able to divulge to you.
Color me unimpressed. I can kinda sorta maybe understand that AM might not want to spotlight particular authors (though if their books are bestsellers, I doubt they'd mind)--but there's no confidentiality attached to most of the information Harry is asking for. Other publishers have no problem providing public information about sales and revenue.

Harry isn't impressed, either. He sums up his opinion in a followup blog post, concluding: "I think [Austin Macauley] is a vanity publisher that trades on the legitimate hopes and excusable ignorance of its clients...if you’re considering entering into a partnership agreement with Austin Macauley, then don’t. Just don’t."

I agree.

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A few more observations:
  • Coming to America! AM is UK-based, but it is expanding into the USA. It has a glitzy new US website, and a brand new office in New York City--a virtual office, that is, on the 28th floor of 40 Wall Street. Basically, a PO box. (Am I alone in finding it hilarious that this is a Trump-owned building?) Just 73 AM books are listed on Amazon US for 2015; for 2016, the number is 474. 
  • The morning after I did the research for this blog post, I clicked into a couple of news sources I like, and discovered, yet again, the power of tracking cookies.


UPDATE 12/22/16: Harry Bingham's two posts have resulted in a demand by Austin Macauley's solicitors that he remove all mention of them from his website. He is not backing down. "In our view, the instant resort to threat is a classic telltale sign of firms whose business practices fall on the wrong side of the ethical tracks."

Author and writing teacher Jurgen Wolff also received threats of legal action as a consequence of posting information about Austin Macauley.

14 comments :

Pat Dilloway said...

They do sound shady.

Larry Yoakum III said...

They are not to be trusted. I had two books with them. I guess shame on me for fooling me twice. Anyway, the contracts are expired, I have my books back, and I have self published them now.
I may not be a best selling millionaire, but I wasn't going to get that with them anyway, and at least now I am my own man and on my own terms.
It isn't easy to break into the big time these days, with millions of us out there publishing our own books. But, try to maintain the mindset of 'I write because I must and not because I want money'.

Anonymous said...

Are you degenerate cyber bullies still in business?

Victoria Strauss said...

Yes, Barbara. Yes, we are.

glenda higgins said...

I just had a really bad experience with them. on top of wanting over 5000 dollars Canadian they sent me a contract wanting 75% royalties, first dibs on all my writing (no time limit in years) and a refund of some money if they haven't done anything in 60 days. UNBELIEVABLE!!!! What are they thinking?

Glenda Higgins.
by the way, they said they are doing all this because I'm an unpublished writer. I had given them my site saying, indeed I am a published writer. They are obviously brain dead on top of everything else.

Anonymous said...

One point. They have just (Jan. 2017) moved into Trump Tower on 5th Avenue. That could be because the sane tenants in the Tower have skeedaddled after the US elections. Or, it could be coincidence. At any rate, I'd love to know whether A & M is a Murdoch property. Anyone know?

Victoria Strauss said...

Anonymous 2/21,

It's not Trump Tower, but another building Trump owns, at 40 Wall Street. And it's a virtual office, not a real one.

As far as I know, AM has no connection with Murdoch.

Anonymous said...

The actual response has been added since this, which you've failed to update with.

Victoria Strauss said...

Hi, Anonymous 2/23,

I've noted AM's response in my post above (it's paraphrased--because AM demanded removal of the actual response--on Harry Bingham's blog). Is there another one that I'm not aware of?

as is ongoing said...

I was just about to walk headlong into contract with them,but was not impressed with the demand for a contribution. I am sure they say the same seductive things to everyone those being that they 'found it an engaging and absorbing read'. My daughter objected to my paying and said she would write to Austin Macauley, she thought it was the same as self publishing but with ties and commitments. Hence I have not followed the offer up. She is writing to them to quiz them about their offer, meantime I will not- in view of what people say pursue it. Gillmahoney@hotmail.com

Anonymous said...

Ref: Austin Macauley,

Hello Victoria Strauss,

In August last year, I emailed you saying AM liked my children's book, but they wanted payment ranging from £1900,£2400 and £4400, depending on which route I wanted to take with getting my book published. You responded very quickly saying other writers had paid AM's enormous fees and regretted it. It's outrageous that AM can justify charging hopeful writers such extortionate amounts of money, and that they are falling for their spiel when there is so much information that can be sourced regarding vanity publishers at the click of a button. Thank goodness people like yourself, and forums like yours are here for people such as myself. Unfortunately, however, AM and their ilk will always exist as long as people are wiling to pay to be published.

Anonymous said...

Self publishing gets a bad rap for the most part because some of the most prominent companies in the industry are super sketchy. Meanwhile, there are some very credible companies out there offering transparent services to writers wishing to have their manuscripts turned into books, and those books delivered to the market. Of course there will be an investment required to have a team of professionals assist you in this process, but if you wish to share your message or story, the option is there for you to do so. Those who think there is an easy route to publish without incurring some costs along the way are in for a long and frustrating journey.

I encourage anyone who wishes to publish to do their diligence, such as coming to a site like this for reviews, and push for clear definitive responses when it comes to things like copyright, royalties, cost for printing, requirements for ordering personal copies etc.......also, who will be working on your project? Is there transparency with the team who will be working with you, or are those services being contacted out to the lowest available bidder by the publisher?

I know of some companies who are doing an amazing job for their clients, receiving positive reviews, offering up full transparency throughout the entire process, and I hate that there are several companies in the industry who are casting a shadow over those who are operating under very credible circumstances and doing an impeccable job of it.

Self publishing is a choice, and when done right it is a privilege for writers with quality manuscripts to have the option of getting them to the market when it wouldn't have been nearly so easy to do so in years past.

My two cents.......I have nothing to contribute on Austin Macauley however, as I'm located in Canada and not so familiar with the practices of those companies overseas. However, I have appreciated the information I've read here, so gratitude for that!

Anonymous said...

What can i do if i already sent them a signed contact? Having second thoughts...

Victoria Strauss said...

Anonymous 5/10,

Please email me at beware [at] sfwa.org. All information shared with Writer Beware is held in confidence.

 
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