Navigating Difficult Publishers in the Self-Publishing World (Do not use KDP Publishers [Kinetic Digital Publishers in Texas] – they are predatory and a scam – first of many posts…)

Fiction authors who self-publish their work enjoy remarkable creative control and can potentially earn much higher royalties than with traditional publishing. However, many self-publishing authors have fallen prey to scams or predatory publishers that use high-pressure tactics, false promises, and other forms of exploitation. If you are new to self-publishing, a world of complex publishing contracts, marketing terms, and distribution fees can feel daunting to navigate. The good news is that with a little information and due diligence, authors can arm themselves against the unethical players in the industry. In this blog, we provide tips on how to avoid scams when self-publishing fiction, signs to recognize predatory publishers before signing a contract, and important author rights to know that are protected by law. With this knowledge, you can safely take charge of your own publishing and focus on what you do best: writing your book!

Fiction authors have several self-publishing options. Your first defense against predatory publishers is to know and understand these legitimate services. The big players are Amazon Kindle Direct Publishing (KDP), which controls most of the ebook market; IngramSpark, which distributes print and ebooks to retailers all over the world; Draft2Digital and Smashwords, which distribute to several retailers; and Barnes & Noble Press. These services are pretty straightforward in what they offer and what they charge: They are free or very low cost to use, pay royalties that they make completely transparent (usually 60-70% of the list price for ebooks), and don’t take rights to your work. Hybrid publishing models, in which the author pays for some services and the publisher performs others, have been around for a long time. Legitimate hybrid publishers, like legitimate traditional publishers, will be very clear about what they charge and how much, they will have industry-standard contracts, and they won’t make claims that “your book will make millions” or other such nonsense. They will also clearly identify themselves as hybrid publishers rather than traditional publishers. Once you have done your homework to figure out which platforms and services are right for you, you can check message boards like the Writer Beware blog, Absolute Write Water Cooler, and r/publishing on Reddit to make sure your intended platforms and services haven’t had any recent scandals or issues. You can also network with other authors on social media and see if anyone has any recent experience with the platforms or services you’re considering. It’s worth mentioning again that all legitimate self-publishing platforms and services have one thing in common: they don’t go out of their way to contact authors. If someone is calling or emailing you and touting themselves as a publisher who found your manuscript “promising” and would like to work with you in a “collaborative effort” for a fee that “traditional publishers would never pay” in exchange for your hard work, it’s almost certainly a scam.

Self-publishing predatory publishers have a tried-and-true template for preying on authors. They carefully position themselves to look like they’re part of the industry, and once they get ahold of your money, they provide substandard—if any—services. The main thing to remember is that self-publishing scammers are not in the book-selling business. They’re in the business of extracting money from authors in as many ways as possible, in the form of fees, packages, and add-on services. To identify these publishers before you find yourself in a nonrefundable, several-thousand-dollar contract, keep an eye out for these red flags. Upfront Payments for Vague Deliverables Charges for editing, cover design, formatting, marketing, or other services are common and reasonable, but predatory publishers disguise these costs within packages, and inflate the prices in ways that can be difficult to determine before you’re in too deep. Packages that start in the thousands of dollars and tout benefits like “worldwide distribution” are a red flag. Worldwide distribution simply means Amazon distribution, which you can set up for free. Pressure Tactics Time-limited offers, aggressive sales pitches, and creating a sense of false urgency are key tactics. Beware if they claim your book has “incredible potential” without having read your work, or that you will miss a market opportunity if you do not sign up immediately. Trustworthy publishers allow you time to review your contract and get professional advice if you wish. Check Their Track Record Research the books they have published and check out their sales rankings, reviews, and overall presentation. Predatory publishers tend to churn out low-quality books with stock covers, little to no editing, and few—if any—reviews. Look for Proof of Industry Connections Search for evidence of their participation in the industry, such as attending book fairs or having relationships with bookstores or other retailers outside of Amazon. Ask to see specific examples of successful books they’ve published in your genre, and contact those authors to inquire about their experiences.

Authors who find themselves dealing with predatory publishers through coercive or other illegal tactics should understand their legal rights and remedies. The first step is always to carefully review your contract, preferably with a literary attorney or contract expert. Predatory publishers often count on authors not realizing they have signed a binding legal contract with them. Search for any clauses that discuss contract termination, rights reversion, and look for any mandatory arbitration language that might preclude you from filing a lawsuit. If you are being threatened or if you signed a contract under false pretenses, make sure to document all interactions. Save all correspondence, record calls (with proper notification where required by law), and keep a detailed log of all events. This will be useful if you need to file a legal claim. Authors who have been significantly defrauded or misled can file a complaint with the Federal Trade Commission (FTC), which enforces rules against deceptive business practices. Additionally, your state’s Attorney General’s office can be a resource for consumer protection and may investigate fraudulent practices. Industry groups such as the Authors Guild or Science Fiction and Fantasy Writers of America (SFWA) maintain lists of predatory publishers and may offer guidance or direct you to helpful resources. If you need to dissolve a contract, an attorney can advise on drafting a formal letter of contract rescission that cites specific breaches on the part of the publisher. In extreme cases where financial damages have been incurred, a civil lawsuit for breach of contract, fraud, or deceptive practices may be an option. However, such legal action should be carefully weighed for its cost and likelihood of success. International authors should be aware that legal actions across borders can be more complex. It is advisable to consult with an attorney who has experience in international publishing law. Many predatory publishers strategically choose to operate from countries with less stringent legal frameworks to avoid accountability.

On a more serious note, some of these publishers are not only unethical but in some cases potentially committing crimes against you, including copyright infringement, fraud, and theft of intellectual property. There are ways to protect yourself and your work even before you get to the point of contacting a publisher or signing a contract. Document your copyright. Although copyright is automatic in most countries, you may register your work with the U.S. Copyright Office (or corresponding office in your country) for additional protections and eligibility for statutory damages in the event of infringement. Save dated drafts, outlines, and notes that clearly show your work and authorship. Send a non-disclosure agreement (NDA) to anyone who is not an established player in the industry before you send them a manuscript. Major reputable publishers will not agree to an NDA but you may want to protect yourself by asking smaller, newer, or otherwise unestablished companies you’ve never heard of to sign an NDA. It adds a layer of legal protection from misappropriation of your work. Pay special attention to rights clauses in contracts. Predatory publishers tend to request the rights to your work ‘in all formats now known or hereafter devised, throughout the universe, in perpetuity’ or some such sweeping language. Ensure that this language is changed. Legitimate publishers will clearly define which rights they want and for what duration. If you find your work being used without your permission, or beyond the scope of what you agreed to in a contract, take action immediately. You can send DMCA takedown notices to websites hosting the content. You may want to also hire an intellectual property attorney to send a cease and desist letter to the other party. In the most egregious cases of outright theft or fraud, you may also contact the police or other law enforcement. While in most cases this will not be necessary, in some countries (including the US) intellectual property theft can be pursued criminally. Consider forming an LLC or other business entity for your publishing activities. This can provide a degree of protection between your personal assets and any business disputes.

Predators of fiction writers will prey on the hopes and desires unique to the fiction author, and exploit those in order to fleece you. Beware these fiction-specific predatory practices: Predatory publishers and other services that prey on fiction writers may also make bold marketing claims. They might promise to have connections with Hollywood producers or Netflix. They might offer your novel ‘film potential’ or claim it could be ‘the next bestseller’ and sell you an expensive marketing package in order to help you reach your goals. Always be wary of unspecific claims. Independent research can verify who a publisher actually works with. Look at the quality of the other books they’ve published. Even if the books are in other genres, do their covers look professional? Can you see them sitting on bookstore shelves? Do they use the same typesetting as traditionally published books? Do they have reviews from real sources? Predatory publishers will often display an amateurish quality that is the equivalent of the ‘Million books in the Amazon basement’ sign to any savvy reader. Suspiciously, they may also have a one-size-fits-all marketing, services, and advice that they push onto fiction writers without regard to genre. If they have the same type of advice for your romance novel as they have for a technical manual or non-fiction history book, they may be clueless about the fiction market. Legitimate service providers will have a method for each fiction genre and will know the readers of that fiction genre. The clearest sign of all? Their actual sales numbers. Ask for specific figures for the sales of other titles comparable to your novel. If they give you vague answers or refuse to answer, they have something to hide. While sales numbers are never a guarantee of future success, legitimate publishers can and will show real successes for the same fiction genre as yours.

Publishing is a big business. The good news is that authors are not without resources for staying safe. Here’s what to do. Prepare yourself. There are professional organizations for writers of all genres and markets, including the Authors Guild, the Horror Writers Association, and Romance Writers of America, as well as many smaller, specialty groups. Many of them provide contract review and legal resources, as well as message boards where authors share their experiences. Cultivate a community of your peers. Fellow authors can give you perspective on a prospective opportunity. A seasoned author should be able to tell you whether a book contract term is standard or predatory, as well as whether a deal is typical for your market and genre. Your author friends can also provide a much-needed sympathetic ear during a stressful negotiation. Know when to say no, and don’t let anyone rush you. Legitimate book deals and other publishing opportunities do not come with a countdown clock. Any high-pressure sales tactic should be a red flag. Prepare a go-to line ahead of time, such as, “Thank you so much for considering me for this project. I will need some time to review this offer with my agent/attorney/advisor.” When faced with pressure in the moment, it’s much easier to use a pre-prepared script than to wing it. Educate yourself. Read a book or two about standard contract terms in your genre. Understanding what’s normal for rights, royalties, termination clauses, and grant of rights language will help you avoid being taken advantage of. Recommendations include The Business of Being a Writer by Jane Friedman and The Self-Publisher’s Legal Handbook by Helen Sedwick. Trust your gut. If you feel weird about an interaction or a deal sounds too good to be true, stop and get an outside perspective. Predatory publishers prey on authors’ excitement and naiveté to override our innate suspicion of people with different agendas. Publishing is a business relationship. Professional publishers and agents will understand and respect your due diligence and need for clear communication.

Advice to Avoid Predatory Publishers Never sign a contract before getting legal advice. That is one of the most valuable bits of information authors will learn on their path to publication. Read as much as you can about self-publishing and traditional publishing, attend conferences, and get to know other authors who are in your genre or write as you do. If you’re a genre fiction author like I am, it’s important to remember that the traditional publishing world has never had more opportunities for you than it does right now. With those opportunities come a responsibility to be aware of how to protect yourself and your work. It’s important to never get into a situation where you feel bullied into signing a contract by a traditional publisher or an agent. These agreements should work for you, not against you. If a contract is presented to you by a traditional publisher or an agent, have an attorney who specializes in this area review it before signing. Ask questions before and after signing your contract. It’s the way of the business. It is your work, and you should not be afraid to stand up for yourself or your project. As writers, we are both creative and business-minded. Never lose sight of this. If it sounds too good to be true, it is. Be extremely skeptical of promises that read like doorstop ads in writers’ magazines. Run, do not walk, away from anyone making such claims. Get advice, and take your time making decisions. Talk to an editor, agent, or a lawyer if you have questions about anything, and before you sign contracts. By all means, trust your gut if you suspect something is off about a situation or a company. Be proactive in seeking out reputable publishers or platforms to publish your work. Do your due diligence and research before making any commitments or signing contracts. Predatory publishers are usually easy to spot. One of the easiest ways to spot them is to look at the quality of the work they publish, their distribution channels, and their contracts. Predatory publishers don’t care about the quality of the work they publish, they only care about making a quick buck. They also don’t have any long-term goals or a solid distribution strategy, and they will usually have a vague, one-size-fits-all contract. When in doubt, do your research, consult with people in the industry, and don’t hesitate to ask questions.