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Text of a January 24, 2002 letter from Karl Wenclas, of
the Underground Literary Alliance, to Andrew McBeth at Green
Candy Press:
Dear Mr. McBeth,
Lisa Falour asked me to look into a situation involving your
publication of her book, BIZARRE LIFE, aka I WAS FOR SALE.
She has disputed your right to sell her book. She sent me a
copy of a contract she signed with Velvet Publications of
London, U.K., along with copies of other correspondence.
I'm not a lawyer. I know that Lisa is engaging a U.S. lawyer
to pursue the matter. Even to a layman, such as myself, your
legal grounds to publish Lisa's book seem less than solid.
She signed a contract with Velvet, not Creation, the company
which sold you the rights. Are they the same company?
Is the contract between Lisa and Velvet any good? Lisa has a
letter from James Williamson at Creation Books, dated Nov
12, 1998, indicating the contract between Lisa and Velvet
was no longer valid--"this is a breach of contract on our
part"--concerning their failure to pay Lisa an advance. If
the contract was invalidated by them in 1998, how could they
later sell rights to the book to you??
Did the original contract give Velvet the right to sell
rights to Green Candy Press? Even this isn't certain. The
contract gives Velvet the "sole and exclusive right to
print, publish, and sell the work in volume form in the
English language." Green Candy is not Velvet Books. Yet you
are selling Lisa's book in the English language. How so?
Velvet, in the original contract that was later invalidated,
did agree to act as agents in the sale of foreign language
rights. But Green Candy is not publishing her work in a
foreign language.
The U.L.A. is a writers advocacy group. We like to make
noise, and gain attention to the plight of struggling
writers. In our short existence, we've been successful at
gaining press by identifying "bad guys" in the literary
world. We're not lawyers. However, if Lisa is not successful
with her own lawyer, the U.L.A. may engage one on her behalf
to look into the matter, if we think attention could be
gained by you being taken to court. And, we may make noise,
in our unique ways, in our many flyers, newsletters,
petitions, and zines--and in on-line discussion
groups--about the matter regardless.
However, it'd be best if you contact Lisa ASAP, address her
just grievances, and work out something. Creation did not
pay Lisa the promised advance, and did not split the money
received from you with her. Please let me know your thoughts
about this.
Respectfully, Karl Wenclas
++++++++++++++++++++++++++
REPORT:
January 24, 2002
The U.L.A. has taken upon itself the task of standing up for
zine writers. Toward that end, we've agreed to help
legendary "Bikini Girl" zinester Lisa Falour in her dispute
with two publishing companies. This is a classic example of
the pitfalls of doing business with the publishing world.
According to documents presented to me, Lisa Falour, who now
lives in France, signed a contract with an English company
for the publication of her book, for a 1,000 pound advance.
The company breached the contract, claiming they had
financial difficulties and could not pay the agreed-upon
advance. But they went ahead and published the book anyway,
and are selling it in Europe. They also sold "rights"
without her knowledge to a U.S. publisher to sell her book.
That company subsequently published and sold the book--is
selling it--without her permission, without to date having
paid her a cent. They don't respond to her letters. Maybe
they feel that because she lives in Europe they can just
blow her off. Both companies made drastic changes in the
work without consulting her. Lisa now has the task of
engaging a U.S. lawyer and going through a lengthy and
expensive legal battle to obtain just restitution and
respect. (And she happens to be pretty near broke.)
The U.L.A. will see if, by making noise, in our unique ways,
we can gain quicker results. It will be a challenge. It's
the kind of challenge I welcome. I've been kicked around for
much of my life by those who've had more power, breeding, or
money. It grinds me to see it happen to anybody.
My thinking is that a zinester shouldn't deal with the
sharks of the publishing world from anything other than a
firm foundation of equality, leverage, and strength. Is that
possible? I don't know, but it's an idea I've been pursuing.
BIKINI GIRL was one of the top zines of the 80's, the
forerunner of 90's grrrl zines and magazines. Lisa has
helped other zinesters over the years, and other writers;
impoverished poet Joseph Verrilli; prison writer Mark
Anzivino, and others. She doesn't deserve to be ripped off!
I hope to have more to report about this matter in coming
weeks.
-King Wenclas, Head Dog, Underground Literary Alliance
+++++++++++++++++++++++++++++++++
March 2002 update to Falour case:
Action Item!
Here's how *you* can help a zinester!
The ULA has begun circulating a flyer asking writers to make
noise about the Lisa Falour matter.
To date, the two publishing companies which shafted her have
been uncooperative.
Andrew McBeth of Green Candy Press said he would consult a
lawyer, but has not revealed the results. (Presumably the
lawyer told him Velvet's contract with Lisa was worthless.)
Creation (Velvet) publisher James Williamson responded to my
questions with several lies. When I confronted him with the
facts, he issued what might be taken as a threat, saying,
"You're in Philadelphia? Good. I have friends in
Philadelphia." This character is obviously a scumbag.
Neither party claims the 1997 Velvet contract is any good.
In effect, they admit they published Lisa's book unlawfully.
Let's make noise about this!
CONTACT Green Candy Press.
Ask why they won't settle the matter.
Thanks!
King Wenclas
++++++++++++++++++++++++++
August 31, 2002:
Conclusion to Falour case:
Another ULA Success!
"Creation Books just sent me a check for more than $800 . .
. I doubt I'd have been paid without your help." --Lisa
Falour. [A formerly- ripped-off zinester on whose behalf the
ULA protested.]