News flash for former Graphic Arts authors

This appeal comes from frequent contributor Bill Sherwonit, who can be contacted via his website. Some authors may have received this in email form, but in the interest of locating anyone who might be affected, we’ve decided to print it here as well.

By now, many and perhaps all of you who lost royalties when GACPC went out of business have received a letter from the Ingram Book Group, offering to pay thirty percent (30%) of the royalties you are owed. Several of us in that circumstance have discussed the offer and believe it is unfair for any number of reasons; chief among them, perhaps, is that if Ingram has indeed assumed “various contracts of Graphic Arts” and is continuing to distribute and sell Graphic Arts titles, then it is legally and morally obligated to fully reimburse the authors who are owed money. It’s still unclear whether Ingram will seek out another company and sell the “rights” to GACPC’s titles, or in fact choose to set up its own publishing arm to continue to publish, sell, and distribute such titles. In either case, we believe Ingram is obliged to to honor any and all contracts between GACPC and its authors, photographers, etc. Several of us have decided to say NO to Ingram’s offer, but we also believe we will have a greater position of strength if as many authors as possible join this “NO THANKS” movement and demand full compensation. We are the ones who have done the work through which GACPC and now Ingram have earned their profits. It is only fair and honorable that we be paid what we are owed.

The letter states “While Ingram is not under obligation pay this amount [30% of owed royalties] to you due to the filing of the bankruptcy, we are offering to make this payment as a good faith effort to provide some of the past amounts owed to you by Graphic Arts . . .” In fact we — and some attorneys — believe Ingram’s interpretation of bankruptcy law and/or rules is wrong and it is obliged to pay full royalties, in assuming GACPC’s assets and liabilities. We also believe a good faith effort would be to pay no less than 100 percent of royalties we are owed.

Ingram is trying to move quickly on this, requesting a response within two weeks. Don’t let pressure tactics force your hand. Give this some thought and seriously consider saying “NO” for yourself and other authors. And if you know others who have titles with GACPC, please pass this along.

2 thoughts on “News flash for former Graphic Arts authors”

  1. I had no books with GACPC, but to clarify: the offer is to pay 30% of royalties from past sales, not 30% of future royalties, right? Also, under the bankruptcy proceedings, how has it been determined which contracts Ingram will assume?

  2. Yes, 30 percent of past (or owed) royalties. From what I've been told, Ingram has assumed all of GACPC's assets and liabilities, so that implies all titles/contracts.

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