Defending Copyright on “A Summer Fling”: Part 3

I’ve written and deleted the opening sentence to this post three times now.

summer_fling-200x300I’m not really sure how to proceed at this point. If you missed the beginning of this story, it starts here and is continued here. The short version, if you prefer, is this: someone sent Amazon a takedown notice for A Summer Fling. Amazon demanded proof that I was the copyright holder. I sent them everything they asked for and more. I sent the original file of the story with the date stamp. I sent the link to the story on Goodreads (if you’re a member of the GR M/M Romance Group, you too can read the original version there) and the free anthology created from the Don’t Read in the Closet fest.

I sent them the Smashwords URL showing the date I first uploaded A Summer Fling in its current form. I sent the registration number for the pending copyright registration I’d filed. Yes, filed belatedly. More on that later.

I expected this to be resolved. After all, I am the legal copyright holder. This is a self-published free story of little value. Why was this even up for debate?

Imagine my surprise when I got an email from Amazon saying that due to the third party dispute that had not been resolved, they would not be re-publishing my story. Surprise is putting it mildly. I was shocked and upset. I got on the phone with Author Central and KDP. I sought advice from authors who’d been in similar situations (though none quite like mine). I tried to get more answers from Amazon, but was stymied at every turn. The young man with KDP was very nice but he could not determine why the story was being blocked, despite my having provided so much information. He advised me to send a detailed email, outlining everything I shared with him and he would do the same from his end.

Later that evening, I got an email from KDP stating flatly that they would not release the third party’s name or what the basis of their complaint was. I was also advised to hire a copyright lawyer if I wanted to pursue the matter further.

My initial reaction to this situation was to suspect that the now-defunct All Romance Ebooks was behind this somehow. I’m still not convinced that they’re not. Their abrupt announcement of closure, along with offering authors only 10 cents on the dollar of owed 4th quarter royalties, as well as preventing authors from removing files from the ARe platform is suspect, to say the least.

But I have also discovered that copyright claim-jumping of self-published authors is apparently a thing, and that Amazon puts the burden of proof on the author, not the accuser. Self-published authors may be at greater risk.

It may be the case that it is a coincidence I happened to get targeted by a scammer the same day ARe acrimoniously closed their doors. But unless I hire a lawyer I will never know. The various articles I’ve linked discuss what you can do to protect yourself from these kinds of attacks, and the most common bit of advice is to register your copyright claims, even though technically the copyright is yours once you put your words to paper unless you sign them away. I haven’t signed mine away, and yet Amazon isn’t accepting my documentation. And frankly, if this IS an attempt by ARe to lay claim to titles that were simply hosted on their former website, then registering your copyright may have little effect on Amazon’s resolution to reinstate your book.

Kind of like how it happened here with me.

I will be registering all my stories from now on, however, as well as retroactively registering my existing ones. It’s an extra layer of insurance that may well protect you in the future from your run-of-the-mill scammer. The link for the US copyright office is here.

This morning I received a very nice email from Amazon stating that after a careful review of my documentation, they have decided to uphold their decision to block the sale of A Summer Fling, but that they look forward to publishing my future stories.

That’s very telling. They are no longer disputing the fact I wrote the story. They are saying someone is claiming I don’t have a right to distribute the story. A story that’s been freely available online for years. You can see why the list of suspects in this case is extremely short.

As for A Summer Fling, I have a couple of choices. I can file a counter-claim. I’m looking into that, but one of my concerns is making personal information available to this unknown third party. Another option is to contact Jeff Bezos directly and lay out my story. He probably gets thousands of emails a day, so I doubt it will get though, but it’s worth a shot. I emailed him this morning, forwarding all the information I’d given to KDP regarding my story. I stated in my email I wasn’t asking him to reverse Amazon’s decision not to publish my story, but I was requesting the name of the third party and the basis of their claims against me. We’ll see what happens.

Late last night, in a last-second cliffhanger twist, I was tagged on Facebook by someone involved with publishing the old DRiTC anthologies. She apologized profusely to me and said it was a possibility her statement to Amazon that no one else was allowed to publish the anthologies except her might have triggered this situation. She’s promised to speak to Amazon on my behalf, and for that, I am deeply grateful. However she did not realize I’d changed the title of my story. Unless she sent in a takedown notice for my story by name, then her blanket statement isn’t behind the complaint. That’s why I need to know who IS behind the complaint before I take further action.

Beyond that, I’m looking into my legal options. But honestly, I can’t afford to spend a lot of money on a free story. Perhaps that’s why it was targeted in the first place. In the meantime, it’s available on Smashwords for free, and it is my intention to send it out to other sites as well. Grab it while you can in its various forms, all linked in this post. Consider leaving me a review on Goodreads or Smashwords, as Amazon is no longer an option. It would be greatly appreciated.

Mostly, be aware. Amazon places the burden of proof on the accused and apparently *anyone* can waltz in and file a complaint. How can I address the complaint when I don’t know who made it or what the basis of their claim might be? Only by hiring a lawyer, and I’d be willing to bet most of us aren’t in a position to do that. My accuser could be someone with an axe to grind, a random scammer, or a former retailer looking to take advantage of the fact they are still holding my files. Amazon has blindfolded me and left me in the ring to duke it out against an unseen opponent who merely has to walk away to win this round.

If it is a certain retailer, then I am not the only person with stories at risk. I also have grounds for going to the people forming a class action lawsuit with additional information. But I can’t move forward without knowing the name of the third party.

If you know of anyone, or if you yourself have recently experienced something similar at the hands of Amazon, I would appreciate you letting me know. If this is not an isolated incident, it gives even more credence to my suspicions as to who the guilty party might be.

 

 

 

Defending Copyright on “A Summer Fling”, part 2

summer_fling-200x300A lot of people have asked for the details surrounding my current copyright dilemma with Amazon. Here they are to the best of my recollection:

As you can see from the book cover and the banner at the head of this website, there has been a longtime connection between myself and A Summer Fling. It was originally titled Surf’s Up and is part of the 2011 Don’t Read in the Closet fest with the M/M Romance Group on Goodreads. It was a light frothy story written to a photo prompt and included in the anthology produced by the group.

In 2013, I edited the story and bundled it with a short story I’d written for the Just One Bite contest, using the fictional character Mikhail Frost created by my fictional author, Ryan McFarland. I thought it would be fun to put the two stories together–kind of like Rick Castle writing the Nikki Heat stories. I created a cover based on my website’s banner and submitted the new combination to Smashwords on July 28th, 2013. A short while later (the actual date is unclear–I can’t access it any longer on the websites in question), I submitted the story to Amazon and ARe. The story has largely been a permanent freebie ever since.

Over the weekend, I modified my bio within the story to include a link for my website. When I went to upload the new version on Amazon, I could no longer set the price to zero. I didn’t worry too much about it–I’d pulled it from Smashwords and ARe had folded. It was my intention to place it in KU (though in retrospect, its previous incarnations would prevent that) so I left the price as 99 cents and went on with my day.

That evening I received an email from Amazon. At first, I thought it was just a glitch, a red flag triggered by something I did in the update. But here’s the crucial statement that belies that:

“Prior to your submission, we received a notice and takedown for a book that matches to yours, from a third party claiming that the distribution of the book above was not properly authorized due to copyright infringement.”

So someone out there is ACTIVELY claiming this work belongs to them, not me, and though I provided Amazon with all the information they requested, it’s not good enough. Moreover, this attempt to snag the book took place prior to my making changes, so it isn’t that I did something to trigger a red flag. Someone is trying to steal it, but Amazon is laying the burden of proof on me and refusing to publish something that’s been on their website under my name for years. At least they are no longer threatening to ban me for life. I’ve asked for more information, but I have not heard back from them yet.

Process of elimination and the unethical behavior of All Romance Ebooks makes them the most likely suspect in my mind. Not just because they closed their doors with little warning, offering 10 cents on the dollar in owed royalties, but only if we promise not to take legal action. Not just because of the timing–within 24 hours of ARe’s closure. But because whoever this third party is laying claim to my story, they have a strong enough stance that Amazon is taking them seriously–despite my sending them all the information they requested to prove my copyright.

dont-read-in-the-closetMy proof of copyright is sufficient enough that Amazon is no longer threatening to ban me from publishing on their site for life. But it is not sufficient enough to utterly disprove anyone else’s claim? The logical choice here is that someone with power and prestige–not some low level scammer who preys on indie titles–is behind this contested copyright. And since a takedown notice was given, this is either someone with a personal vendetta against me (not a fun thought) or someone with much bigger fish to fry. Because as I’ve said elsewhere, A Summer Fling is a lightweight FREE story. It was never meant to generate tons of sales. So why would anyone contest copyright on it? The Goodreads Group would not. The story has been freely available online in multiple formats for years. Why go after a free story now?

For me, the logical conclusion is that this is a test case on someone’s part. I only have a couple of self-published stories that would be open to such an attack. And since whoever it is has a strong enough stance that Amazon didn’t immediately dismiss their claim, I can only assume it is an entity with more online presence than your typical scammer. As in, someone who can claim they ‘published’ my story when they merely hosted it on their website. Incidentally, A Summer Fling is the first title that comes up on my self-published listings on ARe’s former site.

So, some words of advice here. If you aren’t in the habit of registering copyrights on your creative work, start doing so now. Factor it in as a cost of doing business. I never worried about A Summer Fling because it was never intended to be a big money maker for me. From now on, however, I will be registering copyright on ALL my works.

From the US copyright office:

1. Copyright, a form of intellectual property law, protects original works of authorship.
2. Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.
3. Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney’s fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law.
4. The United States has copyright relations with most countries throughout the world, and as a result of these agreements, we honor each other’s citizens’ copyrights. However, the United States does not have such copyright relationships with every country. For a listing of countries and the nature of their copyright relations with the United States, see Circular 38a, International Copyright Relations of the United States.

Here is the link for the US copyright office. Yes, it is an extra step and there is a fee, but that additional layer of protection just may prevent the kind of headache I’m experiencing right now.

In the meantime, I can’t but assume ARe is behind this grab until I have proof otherwise. In part because of the suspicious timing, and in part because Amazon is taking the claim seriously despite my proof of creation. But also because the wording of Amazon’s email and their current stance to the issue suggests that my creative copyright isn’t being questioned as much as my right to distribute the story. I’ve sent Amazon additional information, including this document provided by ARe when I uploaded my story to their site. Pay special attention to the passages 3c and 4b.

All Romance eBooks Publisher’s Agreement

 

This Agreement is entered into on this date (logged as registration date), between All Romance eBooks, LLC, a Florida limited liability company (hereinafter known as “All Romance”), which provides content and services to www.allromanceebooks.com and omnilit.com (hereinafter known as “site”), located at 303 Main Street #186, Safety Harbor FL 34695 with an email address of info@allromanceebooks.com and a fax number of  1-866-844-5457, and the registrant whose details have been accurately entered and attested to upon acceptance of this Agreement (hereinafter known as “Publisher”);

 

In consideration of the foregoing the parties agree as follows:

 

  1. Governing Law

 

This Agreement is legal and binding in all countries. The laws of the State of Florida USA shall apply to the interpretation and enforcement of this Agreement.

 

  1. Non-exclusivity

 

This Agreement is not exclusive and does not impose any obligation or restrictions on either party with respect to competing business relationships or opportunities.

 

  1. Warranties by Publisher

 

(a) Publisher has the full power, right and authority to enter into this Agreement;

 

(b) Publisher has not previously and will not grant any rights to any third party that are inconsistent with the rights granted herein;

 

(c) Each item provided to All Romance by Publisher and any other material including data and images (in each case, collectively the “Work”) are (i) either owned or licensed by Publisher with full right to publish in accordance with this Agreement, and (ii) do not and will not infringe any copyright, patent, trade secret, or other proprietary right held by any third party;

 

(d) Publisher warrants that product or associated marketing data supplied contains no libelous or unlawful statements and does not infringe upon the rights of others;

 

(e) The Publisher agrees that the regular list price of the Work on the All Romance site will not be higher than the regular listed price of this Work on any other site.

 

(f) The Publisher agrees that all data provided to All Romance, including a Work’s categories, heat rating, summary and sample excerpt will all be chosen to honestly and accurately reflect the Work’s content.

 

(g) All Works uploaded by Publisher to the All Romance site shall be subject to this Agreement and additionally eligible for participation in the All Romance “Buy ten, get one free program.”

 

(h) Publisher hereby grants All Romance the rights to reproduce, display, market, and store digital versions of Publisher’s Works on one or more computer facilities of or under the leased or similar control of All Romance on a worldwide basis, and to resell Publisher’s Works directly to consumers;

 

(i) To promote sales for Publisher’s Works, Publisher grants All Romance the right to distribute any and all content electronically including text, cover art, and metadata associated with Publisher’s Works.

 

  1. Warranties by All Romance

 

(a) All Romance warrants and represents, solely for Publisher’s benefit, that All Romance has the full power, right and authority to enter into this Agreement.

 

(b) Except as otherwise set forth in this Agreement, All Romance acknowledges that all rights, title and interest in and to all intellectual property comprising the Works, including copyrights and trademarks used in connection with the Works, are the property of Publisher or its licensor(s), and in no event, including upon the termination of this Agreement, shall All Romance obtain any rights, title or interest in such intellectual property, copyrights or trademarks.

 

(c) All Romance agrees that no changes, additions, deletions, abridgements, or condensations in the text of the Work or changes of title shall be made by All Romance, its agents, or employees, without the expressed, itemized, and specific written consent of Publisher.

 

  1. Warranty Disclaimers and Limitations of Liability

 

All Romance shall not be liable or obligated to Publisher with respect to any breach of this Agreement or otherwise under any contract, negligence, strict liability or other legal or equitable theory for any amounts in excess in the aggregate of the fees paid to All Romance by Publisher during the one year period prior to any such breach with respect to the applicable material. In no event shall All Romance be liable to Publisher for any incidental or consequential damages including, but not limited to, loss of anticipated profits, or benefits of use or loss of business, even if All Romance is apprised of the likelihood of such damages occurring.

 

All Romance shall not be liable for misuse or unlawful distribution of Works by any customer, consumer or other third party.

 

  1. Termination

 

Either party may terminate this Agreement without cause upon not less than ninety (90) days notice to the other party. Any termination of this Agreement or withdrawal by Publisher of specific Works or other materials will be prospective, with respect to future sales only. It is the responsibility of the withdrawing party to remove or de-activate from sale all Works covered under the terms of this Agreement.

 

  1. Restrictions

 

All Romance reserves the right not to accept any particular Work submitted by Publisher at All Romance’s sole discretion, and may remove any particular Work from sale at any time and for any or no reason. Pornographic and obscene Works are restricted and not allowable for upload on the All Romance site, including without limitation, Works depicting sexual acts involving persons under eighteen years of age (exceptions may be made for certain works of literary fiction involving time periods wherein the age of consent was less than 18 and the purpose of the depiction is not for sexual titillation), Works involving any exploitation of minors, sexual or otherwise, Works which contain incest or pseudo-incest themes for the purpose of titillation, Works that are written for or being marketed to the barely legal market, Works that contain rape  or scenes of non-consensual bondage or non-consensual sado-masochistic practices that are for the purposes of titillation, bestiality with naturally occurring animals, sex with non-animated corpses, snuff or scat play.

 

  1. Security and Buyer’s Terms of Use

 

All Romance does not encrypt the Works that it sells, apply DRM technology, or prevent printing or “Read Aloud” or “Text to Speech” functions. All Romance posts a message on its web site indicating the copyrighted nature of all material and the fact that making illicit copies is in violation of copyright law. The Publisher is encouraged to indicate the copyrighted nature of each Work.

 

  1. Reporting and Payment of Sales Commissions

 

(a) Publisher will have access to a Publisher’s Sales Report that details each of their work’s sales activity during the requested period.

 

(b) All Romance will pay Publisher commissions based upon the Sale Price (List Price or Discounted List Price as paid by the buyer, whichever is less) and as reported by All Romance’s Publisher’s Sales Report. This commission shall be sixty percent (60%) of the Sale Price. Payments for sales are made quarterly in US dollars, within 45 days of the close of each calendar quarter, and are net of bad debt and refunds.

 

(c) Once each calendar year, Publisher or their duly appointed representative shall have the right to examine at their own expense the accounts of All Romance pertaining to sales of Publisher’s Works for the twelve months prior to the date of the request for examination. Requests to assert this right must be made by the Publisher in writing and receipt must be acknowledged in writing by All Romance and such records shall be made available by All Romance to the Publisher within thirty (30) days. In the event that discrepancies are found between commissions paid and those owed in the Publisher’s favor, All Romance shall tender such monies due to Publisher within ten (10) days of acknowledgement by All Romance of the discrepancy. In the event that discrepancies are found between commissions paid and those owed in All Romance’s favor, All Romance shall deduct this difference from the next quarterly payment(s) due.

 

  1. Bankruptcy

 

If a petition in bankruptcy is filed by All Romance or against All Romance (and is not dismissed within 90 days), this Agreement shall terminate automatically without notice, effective as of date of All Romance’s filing of a voluntary petition (or the expiration of the 90 day period, as applicable) and all rights granted in this Agreement shall revert to Publisher.

 

  1. Benefit

 

Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators and assigns of Publisher, and upon and to the successors and assigns of All Romance.

 

  1. Survival

 

All provisions of this Agreement requiring performance after any termination or the breach of which is not discovered until after termination shall survive and apply to the parties with full force and effect notwithstanding any such termination.

 

  1. Force Majeure

 

All Romance is released from partial or complete non-performance of its obligations under this Agreement should force majeure circumstances occur, which prevent the fulfillment of such obligations, including without limitation, fire, flood, earthquake, strikes, labor disturbances, revolutions, embargoes, insurrection, governmental orders or regulations, electrical or computer failure, act of, delays or failure to act by any internet service provider or carrier or agent All Romance may use, systems, telecommunication companies and other entities of similar purpose, or any other conditions beyond the control of All Romance. The time stipulated for the performance and fulfillment of such obligations shall be extended for a period equal to that during which the circumstances of force majeure last.

 

  1. Entire Agreement; Venue.

 

This Agreement constitutes the entire agreement between All Romance and Publisher with respect to the subject matter hereof and supersedes all prior and contemporaneous communications. This Agreement may not be modified or amended except by an instrument accepted by both parties. All Romance and Publisher are and remain independent entities. This Agreement does not create any partnership, joint venture, agency, franchise, sales representative or employment relationship between All Romance and Publisher. Publisher and All Romance agree that any suit or proceeding in connection with this Agreement shall be brought exclusively in the state and federal courts presiding in Pinellas County, Florida USA and that service of process may be made by certified mail, return receipt requested, to the addresses of record for the parties under this Agreement.

 

  1. Electronic Signature

 

A check in the box below by Publisher shall constitute Publisher’s signature signifying acceptance of this Agreement with the intent that it be valid for all purposes and in compliance with the U.S. Electronic Signatures in Global and National Commerce Act of 2000 and the laws of any other applicable jurisdiction.

 

Updated: 03/14/12 12:00 Central U.S.

At the moment, my story is still blocked on Amazon and I have not received a response to my additional inquiries. I’ll let you know what happens.

Part Three Here.

Authors Be Warned: The Ongoing Impact of the All Romance Ebooks Debacle

pirates-bill-davenportI’m sitting here shaking with anger and disbelief.

The other day, I decided to make a few tweaks to my long-standing free story, A Summer Fling, with a view to making it exclusive to Amazon. No big deal, right? The only other place it was offered was Smashwords and All Romance Ebooks–also for free.

Last night, I received an alarming email from Amazon asking me to prove copyright or face permanent ban from publishing there again. Shocked, I consulted friends, who assured me this wasn’t that unusual and that it was probably in view of recent incidents of several people in my genre being impersonated online. I sent the required information back to Amazon and went to bed thinking it was over.

Imagine my surprise when I get a response from Amazon KDP that states due to an undisclosed third party claiming copyright, and their policy not to get involved in third party disputes, they have chosen not to publish my story. A story that had been on their site for three years. A story that is MINE.

Who could this mysterious third party be, hmmm? I have no proof, but I have suspicions. Which retailer–RETAILER, mind you, not publisher–recently massively screwed authors over by closing their doors with four days notice, sending an email out offering an insulting 10 cents on the dollar for owed royalties only on the promise that the author didn’t sue? Which retailer then allegedly told some authors they were holding the files of stories previously offered for sale on their site for the next seven years for tax purposes? Which retailer allegedly began manipulating sales data to reflect even less royalties owed than just 24 hours before? And which retailer has been accused of improperly reporting sales data in the past, and prevented authors from removing their books from the site (you could only inactivate them) while the allegations of unethical and illegal actions keep piling up?

Lori James and All Romance Ebooks, that’s who.

Let me just say this: the sum owed me initially wasn’t very large. I only had a few self-published titles with them. I’m not worried about the possibility of James or anyone else laying claim to my Dreamspinner Press titles–I know DSP will defend them. And after I neglected to capture the data in time (the download links would not work and I could only make screen caps of the info) and my reported royalties dropped by 2/3 with no way of proving it, I decided I would let it go. While some people may have signed publishing contracts with ARe, they merely hosted my self-published stories. They were not the publisher on record–I am.

summer_fling-200x300But now SOMEONE is disputing copyright on a story I created and published myself. Someone has stolen not only my past income but threatening my future income. A Summer Fling is a lightweight little story written for the M/M Romance Group on Goodreads back in 2011. It’s not a story worth fighting over. But my other self-published titles once hosted by All Romance, books I can no longer retrieve from the site, ARE worth fighting for. So while I once considered letting this battle go, I can’t AFFORD To close my eyes to this. The possibility that someone associated with All Romance intends to set up shop again under another name, selling books they are not entitled to sell, is frightening.

For the most complete summation of the extent of fraud perpetrated by the management of ARe–and more importantly, what you can do to prevent them from getting away with this scott-free, please check out this valuable post: Publisher All Romance: Closing Hits New Low in Stealing from Authors. The details in this post are jaw-dropping. If these allegations are true, then criminal charges need to be filed.

So if you have been a victim of the recent actions of All Romance Ebooks, I invite you to file a report with the  Florida Attorney General’s Office and The Department of Justice for Internet Crimes. Please spread the word to anyone you know who may be affected by this. If you are an author living in another country, please look into filing fraud charges in your country, making this an international crime.

In the meantime, I’ve put A Summer Fling back up on Smashwords. Snag a copy. Enjoy. And if you wouldn’t mind leaving a review, that would be helpful. But if you BUY this book anywhere online–you’ve been ripped off too.

Part Two Here

Part Three Here

EDIT: After having accepted that I am the copyright holder of A Summer Fling, Amazon’s position was that I did not have clear publishing rights to the story, based on the takedown notice of the third party they refused to name. After reviewing all the material I sent them, including the ARe agreement showing that they did not retain publishing rights to my self-published stories, Amazon/KDP still declined to reinstate A Summer Fling and advised me to hire a copyright lawyer if I wished to pursue the case further.

I’d been in contact with the publisher of the anthology in which A Summer Fling first appeared, and she took it upon herself to contact Amazon on my behalf. I also forwarded all my conversations with KDP and my documentation to Jeff Bezos. I asked only that the third party be named so I would know if I was dealing with a misunderstanding versus grounds for a lawsuit.

On 1/5/17, without any explanation other than on further review, they decided to reverse their decision, Amazon has reinstated A Summer Fling back on its listings. Heck, it’s even a freebie again.

I’ll probably never know for sure what changed their minds. Could it have been the amount of noise I made? Being contacted both by Al Jazeera and a Tampa reporter wishing to interview authors affected by the abrupt closure and failure of ARe to pay owed royalties? Was this all due to a misinterpretation of my rights to the story? Or did Mr. Bezos have someone review my detailed information and reverse the decision? There’s no way to tell. If this is the only incident of this nature, I’ll chalk it up to experience and a lesson learned about protecting the right to publish my own stories.

If it happens again with one of my self-published stories, there is only one party that could even remotely attempt to contest my publishing rights–and then I’ll have my answer, won’t I?

Cover Reveal: Regeneration by Louise Lyons

regeneration-book-cover-revision-400-x-600Is this not the most awesome cover ever? I’m a sci-fi fan from way back and a cover whore to boot, and I’m just in awe of Louise Lyon’s upcoming release here.

This cover simply has everything I’m looking for in a sci-fi story. 🙂 Add to it the intriguing blurb and I’m hooked! How about you?

Blurb:

In the 23rd Century in the galaxy of Sigma Kappa, Kim Fortune was the first surviving experimental enhanced human—a regenerate. Aged fifteen, he escaped the lab and years later, his failings as a regenerate and the suspicion of regular humans, leave him lonely and lacking in self-worth. Stranded on an abandoned planet, the arrival of a stricken ship and its crew give him hope that he may finally find what he always longed for—love.

Christian Novak is a successful regenerate with all the intended attributes—including lack of human emotion. Despite their immediate attraction to each other, Kim’s failing confidence, and Christian’s inability to empathize are a recipe for disaster. But war, imprisonment, and danger throw them together, and after each saves the other’s life, their feelings begin to change.

Can a seemingly unsuitable pair ever find love, or is a future together destined to fail?

Pre-Order Links

Amazon US: https://www.amazon.com/dp/B01NAL4NJ8

Amazon UK:  https://www.amazon.co.uk/dp/B01NAL4NJ8

All Romance eBooks: https://www.allromanceebooks.com/product-regeneration-2193398-145.html

Smashwords: https://www.smashwords.com/books/view/688822

louise-lyons-logo

Author Bio

Louise Lyons comes from a family of writers. Her mother has a number of poems published in poetry anthologies, her aunt wrote poems for the church, and her grandmother sparked her inspiration with tales of fantasy.

Louise first ventured into writing short stories at the grand old age of eight, mostly about little girls and ponies. She branched into romance in her teens, and MM romance a few years later, but none of her work saw the light of day until she discovered FanFiction in her late twenties. Posting stories based on some of her favourite movies, provoked a surprisingly positive response from readers. This gave Louise the confidence to submit some of her work to publishers, and made her take her writing “hobby” more seriously.

Louise lives in the UK, about an hour north of London, with a mad dog called Casper, collection of tropical fish and tarantulas. She works in the insurance industry by day, and spends every spare minute writing. She is a keen horse-rider, and loves to run long-distance. Some of her best writing inspiration comes to her, when her feet are pounding the open road. She often races home afterward, and grabs pen and paper to make notes.

Louise has always been a bit of a tomboy, and one of her other great loves is cars and motorcycles. Her car and bike are her pride and job, and she loves to exhibit the car at shows, and take off for long days out on the bike, with no one for company but herself.

Social Media

Facebook

Twitter

Pinterest

Instagram

Blog

Email: louiselyons013@gmail.com

 

 

All Romance EBooks Pulls a Fast One: What You Can Do To Fight Back

pirates-bill-davenportI was at work yesterday afternoon when I got the email from All Romance Ebooks announcing they were closing their doors effective 12/31 and offering a paltry ten cents on the dollar in royalty payments to authors in lieu of the expected fourth quarter payment.’

Because I was at work, I quickly scanned the email (not noticing a significant typo of a date that gives the company a loophole with regards to making even the minuscule payments offered) and cursed. I immediately pulled my self-published titles from their website, and hurried to my publisher to see what they intended to do, as all of my Dreamspinner titles were posted on ARe as well.

I then made a post spreading the word:

  1. Readers should no longer buy anything from ARe, as authors were not being paid for their works.
  2. I’ve pulled all my titles for sale on the All Romance website in advance of their 48 hour notice of closure. The good news is that currently you can get all my Dreamspinner titles on sale at their own website until 12/30–which includes my new release, Holiday House Swap. As for my non-Dreamspinner titles, Fool’s Gold and A Summer Fling are still available on Amazon. Fool’s Gold is back on Kindle Unlimited, and A Summer Fling is permanently free. I hope to place A Summer Fling into KU once I make sure it is not available in any other markets besides Amazon.

Dreamspinner made the following announcement on Facebook last evening: In response to All Romance eBooks closure notice: If readers pre-ordered Dreamspinner titles on ARe then you will not be able to download them upon release. If rumors are true, ARe will also not refund pre-orders. Therefore, Dreamspinner offers to fulfill readers’ pre-paid Dreamspinner pre-orders from ARe. You need to forward the ARe receipt to contactATdreamspinnerpressDOTcom and the customer service department will be sure you receive the eBook at no additional cost to you. Thank you.

Kudos to Dreamspinner! This is one of the reasons I love working with this press.

But the more I thought about it, the angrier I got. Though ARe called themselves a publisher, they provided no cover art, no editing, no formatting. They were a retailer only and their entire catalog was digital. Where did the money go? They were paying us out of a percentage of books already sold. How could they not pay us what was owed?

Then too was the shady practice of giving no advance warning of impending closure, of failing to notify anyone until the last day of revenue for the quarter had been wrung out of writers, publishers, and readers alike. Why then, were they offering ad space on their website just the week before–and saying it was almost sold out? You don’t just wake up one morning and decide your business is bust. I almost bought one of those pricey ads and I know other people who have. They aren’t being offered any means to get refunds.

Once the news spread, the website kept crashing as writers rushed to remove their titles and reader to download books already purchased before the ‘cloud’ vanished. People were left with ebucks that didn’t work and gift cards they didn’t know if they should spend or not, while the available titles dwindled sharply.

areMore questions have been raised, particularly in light of the extremely poor and insulting offer made to authors to accept a 10 cents on the dollar payout or NOTHING. Meanwhile, ARe posts a business-as-usual Tweet and nothing is said on their Facebook page, either. Most ironically, the banner on their Facebook page, which I saw when I went to leave a review about their shady practices, advertises “No Doors Closed.”

I can tell you, some of the author responses to this tone-deaf and out-of-place Tweet were priceless, even as the anger and worry came through loud and clear. I didn’t have a lot of independent sales on ARe at this time–I’d only recently moved Fool’s Gold off KU and over to wider distribution. But to be paid a handful of dollars when I’m owed hundreds is jaw-dropping. However ALL my Dreamspinner titles were on ARe as of last evening. Every story I’ve ever written. So I can only sit back and hold my breath to see what happens when DSP’s lawyers battle for what we’re owed. At least I have the power of an ethical and reputable publishing company behind me. I can only imagine how terrible it must be for authors who were counting on the fourth quarter royalties to make the mortgage payment or electric bill.

For the most complete summation of the extent of fraud perpetrated by the management of ARe–and more importantly, what you can do to prevent them from getting away with this scott-free, please check out this valuable post: Publisher All Romance: Closing Hits New Low in Stealing from Authors. The details in this post are jaw-dropping. If these allegations are true, then criminal charges need to be filed.

I’ve seen many readers ask what they can do to help. The first is don’t buy any more books from All Romance. Download the purchases you’ve already made. Seek out those real publishers, like Dreamspinner, who’ve offered via proof of receipt, to honor ARe’s fraudulent sales of pre-ordered books. But most importantly–leave book reviews. I don’t think readers have any idea just how much book reviews matter in visibility and discoverability in an increasingly discouraging and hard market. It doesn’t have to be much–but a short piece as to why you loved the story while you rate it is a big, big help.

Thank you.

Authors: Even if you decide to take no further legal action, please consider filing an internet crime report, copying and pasting your email from ARe and any pertinent information.

Dear Fans: All Romance EBooks closing–Where you can find my titles now

book by Ricardo Vasquez/freeimages.com

book by Ricardo Vasquez/freeimages.com

Dear Fans:

I’ve just received a shocking, no warning notice from All Romance Ebooks that they are closing their doors on 12/31. The terms of settlement they are offering is not acceptable to me, but they are probably the best I will get.

While I am sorry that yet another e book retailer is abruptly shutting down, I am also upset by the lack of communication until we were blindsided with this notice. Many of us are relying on our fourth quarter royalty payments, that will now be a fraction of what is due to us.

As such, I’ve pulled all my titles for sale on the All Romance website in advance of their 48 hour notice of closure. The good news is that currently you can get all my Dreamspinner titles on sale until 12/30–which includes my new release, Holiday House Swap.

As for my non-Dreamspinner titles, Fool’s Gold and A Summer Fling are still available on Amazon. I suspect I will shortly be putting Fool’s Gold back into KU.

Nothing Left to Lose is Another Word for Freedom

Yes, I know. That’s not how the lyric goes.

I have my reasons for flipping it on its head. In the original song, “Me and Bobby McGee”, the emphasis is looking at someone who seems free and realizing they’ve lost the only thing that really mattered to them. The focus is on the shallowness of the freedom because of the loss.

I want to focus on the freedom aspect.

In years past, I’ve often given the upcoming year a ‘title’ with a goal toward making it so–the year of living Without Fear, or the year of living in Love. Like most New Year’s resolutions, it means well, starts out strong, and then peters out as time, energy, and enthusiasm wane.

I can skip ahead to that part now. I’m already looking at 2017 with an empty tank of gas. I feel as though I’ve already sacrificed and given up so much over the years. I think a lot of us can identify with this. We’ve pinched, scraped, and done without for so long there is no further room to tighten our belts. Many of us are starving: emotionally, financially, spiritually, even physically. Yes, you can be starving and fat–Cheez Doodles are cheap, after all.

Looking ahead, I don’t think things are going to get better. I think they are going to get much, much worse. It dawned on me the other day, I don’t really have to worry any longer about all the things that used to terrify me. Will I have enough money to take care of me in my old age? To pay for health insurance? To rebuild the crappy little house as it continues to fall apart?

No. I don’t really think we’re going to be around long enough for these things to matter.

Things that used to gnaw at my fears like rats worrying bones have ceased to have the same importance. Will the next book release be successful? Am I just wasting my time writing? Should I give it up?

Laughable concerns in the face of our potential future. A future where our own government is dismantling democracy piece by piece and replacing it with something truly horrifying.

But in an odd way, this realization has been very liberating for me. It’s a little like a hypochondriac being cured of his phobia by developing a life-threatening disease. Once you’ve experienced the real thing, all those previous silly fears just fade away. I’ll freely admit, I’m a chronic worrier. Now that I’m staring down the barrel at the loss of everything I believe in, something inside just clicked. I’m like Sarah in Labyrinth when she finally realizes the Goblin King no longer has any power over her.

Yes, the future ahead is uncertain at best and terrifying at worst. I suspect many, many people have no idea how horrible it can be. We’re worried about losing rights, and I think it will be much worse that that. Aleppo worse.

But there are so many other, smaller things I can stop worrying about. Things that no longer have any power over me. And the funny thing about freedom is that once you get a taste of it, you’re no longer willing to walk in chains.

I think the Goblin King and his minions about to take office are going to find us a hard nut to crack.

Release Day Sale: Holiday House Swap by Sarah Madison

holidayhouseswapfs_v2It’s here at last! I’m so excited–Holiday House Swap is finally going live at all your favorite outlets today! I had so much fun with this story and I’m delighted to be able to share it with you at last. This is a fluffy, feel-good story that I hope you’ll enjoy reading as much as I did writing it. 🙂

Best of all, today only, until 11:59 EST 12/21/16, Holiday House Swap is on sale at Dreamspinner Press!

Be sure to check out this delightful 5 star review from Bayou Book Junkie too!

Blurb:

Reclusive writer Noah Kinley is facing a dilemma: how to confess to the world he’s really the author of a best-selling romance series. For years, his friend Julie has been the face of his brand, but she wants her life back now. Fast running out of ideas for his popular series, Noah wants to break out into other genres. Not that he’s writing much of anything at the moment anyway, thanks to paralyzing writer’s block. With his publisher breathing down his neck for the next installment, he hopes a change of scene will get his writer’s juices flowing again. Desperate enough to try anything, during the holidays Noah swaps his isolated cabin in the woods for a gentrified horse farm.

USAF Major Connor Harrison has chosen forced retirement over facing charges for an unauthorized mission to rescue a buddy from behind enemy lines. No one expects him home for the holidays, and he certainly didn’t anticipate finding a stranger in his house, much less Noah Kinley with his acid tongue and a wry sense of humor that pierces all of Connor’s defenses.

Both men need to figure out what the next chapter in their lives will be—and whether it will include each other.

winter-horseExcerpt: “Kinley. You gonna get up or what?”

Noah had a moment of extreme disorientation as he tried to recall how the guy with the sexy drawl happened to be standing in his room. It came to him all at once: the decision to leave the cabin, the intense drive from the airport, and then meeting the owner of the house, who turned out to be a Captain America freak when everyone knew Iron Man was the coolest superhero. The pounding headache suggested perhaps finishing off the second bottle of wine hadn’t been wise, considering how seldom he drank. Only then did he realize the worst.

“If you’d rather not go to the barn, that’s cool.” Harrison spoke in that oh-so-causal manner that by this time in their short acquaintance meant this was really kind of a big deal to him.

“It’s not that,” Noah croaked, wincing at his sore throat. “I’m sick.”

“Holy shit, you weren’t joking when you said you were coming down with something. You okay? You sound terrible.” Concern was written clearly on Harrison’s face as he stepped closer to Noah’s bed.

Damn if he wasn’t wearing cream-colored breeches and tall boots too. No burgundy jacket, however, to complete the Beau Brummell look from Noah’s fantasy the night before.

“I don’t own a burgundy jacket. Are you sure you’re okay? You’re not making much sense.”

“I can’t be sick.” Noah groaned. He hadn’t meant to say anything about the Regency clothing out loud. “No, no, no. This isn’t fair. I never get sick! The one time I leave the cabin in years and I catch a cold? This is so not fair.” He shivered and hunkered down under the blankets. “It’s freezing in here. Can you turn up the heat or something?”

Harrison placed the back of his hand on Noah’s brow. “Jeezus. You’re burning up. Wait here. I’m going to get a thermometer.”

Not Harrison, though. Connor. You couldn’t drink a man’s wine and stay up half the night arguing the finer points of science fiction, or picture the hottie dressed in Regency costuming, and still call him by his last name. Connor. Such a sexy name. It suited him.

Noah must have dozed off again, because he started when Connor touched him on the shoulder. “Here. Put this in your mouth.”

Noah opened his mouth obediently, thinking surely there had to be a sexual innuendo in there somewhere, if he could only think of it. He closed his lips on the digital thermometer.

Connor snorted suddenly, making Noah look up at him.

“What?” Noah mumbled around the thermometer.

“Do you always say whatever’s on your mind when you’re running a fever?” Connor’s smile made Noah feel accepted in a way he hadn’t felt in a long time. Fortunately the beeping of the thermometer kept him from having to answer. “One-oh-three degrees. That’s pretty hot, Kinley.”

Available at the following retailers:

Amazon:  http://amzn.to/2gT2a1o

Amazon CA: http://amzn.to/2gOUf6c

Amazon AU: http://amzn.to/2gOVv9w

Amazon UK: http://amzn.to/2gGsV9P

Kobo: http://bit.ly/2gfbQDo

Dreamspinner Press: http://bit.ly/2gIcJ8B

All Romance: http://bit.ly/2fS1JDy

Fool'sGold-400x600This is also the last day you can snag a copy of Fool’s Gold at the sale price of only 99 cents! Fool’s Gold came in as a Runner Up in the 2016 Rainbow Awards and is available at Amazon and All Romance ebooks.

 

The Importance of Play to Your Creativity

dscn3989Toward the end of October, I was all set to write a post about how much fun I’d been having lately. I was anticipating an upcoming release, working on final edits for another, and completing a WIP on a deadline, and yet I’d taken a couple of Saturday afternoons off to play rather than work on these things. I had a charming post in mind about the benefits of play to your creativity.

And then the November elections happened. I won’t sugar-coat it. I was devastated by the results. The implications of the impact of the new administration are staggering on so many levels: personally, financially, emotionally, environmentally… I could go on. I struggled to finish my projects. I began stress eating–and have probably gained ten pounds, I’m afraid to look at the scale. I stopped coloring my hair (and at the moment resemble a skunk with the two inch wide streak of gray running down the middle of my scalp). I’m not  sleeping, and when I do manage to catch a few hours of sleep, I have nightmares.

Writing a cheerful post about the benefits of play to your personal creativity seemed not only frivolous, but pointless as well. Instead of writing about the importance of having fun to energize the writing process, I wrote about why we need our storytellers more than ever. Instead of sharing pictures of me playing with action figures or planning my next cosplay, I wrote about living with fear. Recently, I read a post about how we as creators should keep our mouths shut about politics unless we were political writers. That’s fine if you wish to do that. If you’re concerned about losing readers because of sharing your beliefs. I’ve been turned off by artists who have revealed their true selves to social media, so I get it. But let me say for the record if you don’t buy my works because you revile the things I believe in, well, I doubt seriously you would have enjoyed them anyway.

And let me tell you this: we ALL have a stake in the future here. Regardless of our sexual orientation, our gender, our economic status, our religious beliefs, our age, our ethnicity, our belief in science and education, our status as US citizens… because we ALL live on this planet, and the upcoming administration will put all of that at risk. Not just the part where the cishet white males in the 1% tax bracket live. And given the rampant lying and corrupt inaccuracies coming from the upcoming administration, there needs to be visible and vocal protest every day, otherwise they will continue steamrolling over the rights of everyone.

But that brings me back to the importance of play. Yes, it took me a while to see that. There are two points I want to make here. The first, is that while we all know to be successful as creators, we must be disciplined about working at our craft every day, there are reasons why we still need to read and watch other works, and yes–play.

I have a very good friend who, because we live on different sides of the country, we only get to meet up once a year. However we email each other. We send each other cards and gifts (okay, most of the sending is on her side because she’s awesome like that). And we pose pictures of our action figures in scenes like storyboards and send them to each other.

steve-respondsTwo weeks before the election, I spent 3 or 4 hours posing action figures with props against different backdrops in my yard. I wasn’t conscious of the time. I didn’t stop what I was doing and check my social media platforms every few minutes. I was engrossed and having fun, playing with dolls outside on a gorgeous autumn afternoon. I can’t tell you when the last time I’d had so much fun by myself had occurred. Probably the previous winter, when I spent hours in the snow posing action figures in an epic battle between the Abominable Snowman, Queen Elsa, and the Wraith.

The following weekend, I sorted through my costumes, trying them on and determining which needed more work before the next cosplay event. For someone who goes to conventions once or twice a year at best, I have a lot of costumes. And the afternoon I spent dressing up, attempting to master Peggy Carter’s hair and makeup, was another delightful day spent.

agent-carter-red-dress-and-shoesHere’s the funny thing. I ‘should’ have been writing. I have a limited amount of writing time each week, and wasting it playing with dolls or dress-up should have made me cringe. But it didn’t. Those weekends stand out as some of the happiest, most relaxing in memory–that didn’t take place on vacation, that is.

Even more astounding, by letting my mind play all afternoon, I woke up the next morning with the solutions to sticky plot points ironed out, as well as on fire to jot down some new ideas for different stories. Creativity doesn’t occur in a vacuum. It needs fuel and fertilizer. It needs oxygen and freedom to grow. And the best part: it’s self-perpetuating. The more you play, the more creative you become.

Which brings me to the second point: as I’ve said before, we need our storytellers more than ever. Chuck Wendig has written some fantastic posts about how to create art and make cool stuff in a time of trouble, as well as the need for hope. That is true for all of us as creators, but I say this as well: it’s true for all us period. We need our heroes. We need to believe that good will win in the end. We need the courage that comes from emulating our heroes and the relief from fear that comes from a few hours of play, be that coloring, or making crafts, or dressing as your favorite kick-ass character, or reading, or writing, or whatever. When you realize that J.K. Rowling’s Dementors are a metaphor for depression, or that Tolkien’s Lord of the Rings was heavily influenced by his experiences in WWI, then you realize that we’re all political animals in the end–and we all need hope.

 

 

HL Holston and AJ Burke: New Stories in the Eternal Series!

Hey there! Some business before I introduce our guest for today! First, if you’re looking for my post in Divine Promotions 2016 Christmas Blog Hop, you should go here.

Second, I’m still celebrating the fact that Fool’s Gold was a Runner Up in the 2016 Rainbow Awards: it’s currently on sale for a limited time at Amazon and All Romance Ebooks for only 99 cents–but hurry, the sale won’t last much longer!

Third, today’s the last day of the Holiday House Swap Book Tour! There’s still time to check out an excerpt, pre-order the book, and enter the Rafflecopter Giveaway! I just found out that you can pre-order Holiday House Swap for the next 48 hours from Dreamspinner Press for 30% off!

Now, please welcome H.L. Holston, who has come to share not only links for new stories, but a lively party game you’re sure to want to try!

Take it away, H.L.!

eternally-bright-e-book-coverI grew up in a unique household; one side of the family is Jewish, the other Christian. So, this time of the year, I celebrate pretty much anything. This holiday season, my writing partner, A.J. Burke and I have two Christmas-themed stories out!

I’m a history teacher by trade and I’ve always wanted to write a story set during World War One. I finally got to do that with Eternally Timeless (Eternal #1). You can go to Smashwords and download it for free HERE.

The second story in the series, Eternally Bright, is a contemporary M/M romance set in Paris on Christmas Eve and is available only on Amazon. The two books are intertwined, but can be read as standalones.

And while I’m promoting my books, I also wanted to give everyone a new game to play on Christmas. In my family, we call it: The Pan Game. We played it every Christmas Eve before we opened our ‘regular’ presents.

 

pie-panFirst, here’s what you will need for the game.

 

Supplies:

 

  • Pie Pan
  • A set of dice
  • 20 or so cheesy “gifts” ( we got ours at the Dollar Store)
  • Wrapping paper (to wrap presents)
  • A timer

 

We’d gather in a circle, bring folding chairs if necessary! My mother would set the timer for 15-20 minutes. Then, you take the dice and put them in the pie pan. You toss the dice in the pan and if you get doubles, you take a gift from the pile in the middle. You get TWO chances to roll doubles, and then you pass the pan/dice to the person next to you.

Being quick is key, as you don’t want the timer to run out and you not have any presents.

You continue to do this with every person until all the gifts are gone. Once everyone has a gift and there is no more left in the pile, then the fun begins. You get to steal gifts!

Yep, the next time you roll a double, you get to steal a wrapped gift from a family member. This action has caused many a wrestling match in my household over the years. My father is famous for “hiding” gifts about his person, sometimes we had to frisk him to make sure he wasn’t hiding anything!

When the timer goes off, whatever gifts you have are yours to keep. (I don’t suggest allowing small children under the age of ten or so to play this game, as they sometimes get upset when Aunt Holly steals their presents. So we always made them the “fetch” person. Example: “Jessica, go grab that green gift from your grandfather and bring it to me!”)

We played this game every year and it bought our family much joy and laughter. If you try it, I hope it becomes a family tradition for yours too.

Merry Christmas and Happy Hanukkah to all.

Blurb:

Ever since Gabriel Foster started working at Demerchant Industries, he’d been fighting his attraction to his enigmatic boss, Sébastien Demerchant.

During a Christmas party at Sébastien’s mansion, Gabriel discovers his feelings might be returned. But everything is not as it appears, and Gabriel’s world will be turned upside down in the process.  

Buy Link: http://amzn.to/2hKyqbq (Free for Kindle Unlimited)

Biography:

H.L. Holston is a teacher by day, and sometimes writer by night. She admits she is a horrible blogger, even worse in keeping up on Facebook, but tries anyway. However, all bets are off if Bruce Springsteen is on tour! You can find her at:

Web site: http://hlholston.net

Facebook: https://www.facebook.com/sue.holston

Twitter: https://twitter.com/sueholston