Complaint Review: Sky Warrior Books

Maggie and Larry Bonham, at Sky Warrior Books, regularly failed to provide royalties statements and payments to me on time, in spite of a grace period of eight months from the end of a period. They use the excuse that their royalties software isn't working, but after nearly a year of hearing that, and a few prior years of hearing other excuses, it falls rather flat.

I've never received a royalties statement that I didn't ask for. My first book with Sky Warrior was published in May 2015. For its first two royalties periods (Jan-Jun, July-Dec), I received late statements around the same time. I also received payment for the second period, but not the first. I finally got that payment in early 2018. Around the same time, because I was pestering her about it, Maggie gave me some "preliminary" numbers for 2016 and the money she owed me for that year. Shortly thereafter, the statement and payment for the first half of 2017 became due but did not materialize. My second book came out in September 2017, but the paperback was delayed, without explanation, until April--after I started making legal demands. 

Under the terms of my contract, I sent a Breach of Contract notification stating that they had six months to catch up on statements and payments or all rights would revert to me. The deadline was Oct. 5, and it came and went. By then, they were also late for the second period of 2017. I contacted Maggie saying the deadline had passed and that she needed to unpublish my books and send payments for what I was owed.

She was able, within 48 hours, to provide raw numbers for the entire time I'd been with Sky Warrior and made a payment shortly thereafter. I found it interesting that she can deliver numbers quickly when threatened, which suggests the rest of the time, she's simply choosing not to.

Additional problems I had with Sky Warrior include:

• Overcharging me for my own books when ordered through them
• Not providing free copies of my books as stipulated in the contract (I got a few copies of the first one well after I started making demands but never got any of the second)
• Failure to publish on time without notice
• Failure to procure cover art, which I ended up providing myself 
• Changes to cover art that made it appear sloppy and unprofessional
• Refusal to allow me to communicate with the audiobook narrator or to provide her with the pronunciation guide I sent them, which lead to a final product so poor that I could not, in good concience, promote it

Below is a copy of the certified letter I sent in late March: 

Dear Maggie,

I am writing to you to formally demand royalty statements and royalties due to me, as per item 12.d. in my contract with Sky Warrior Books, and to notify you that you are in breach of that contract for failing to provide those statements and payments.

This breach is in spite of the exceptionally generous grace period built into the contract via addendum, to which I never formally agreed.

While you did, in March of 2018, provide a very brief royalties statement and payment for 2016 and finally paid me for the first period of 2015, you remain in breach of contract for the first half of 2017. In addition, when I questioned your numbers for 2016, your response indicated that you may have issued an incomplete statement and payment.

Not only do you owe me money, the lack of royalty statements makes it impossible for me to know what marketing efforts have been effective, which harms my ability to sell books. Also, as I've sought a film agent and television development deal for the Veil series, I've run into roadblocks because I cannot tell them how many books have sold. Thus, you are hindering my ability to make money and further my career via the rights I hold.

Item 12.d. states that all rights to the works covered in the contract revert to me "if the Publisher fails or neglects to pay any monies owing when due and payable for a period of 6 months after written demand from the Author." Please understand that I am currently making this demand. To avoid any lack of clarity on the dates in question and allow time for a letter to reach you, I will consider April 5, 2018, the official date the demand was made, making October 5, 2018 the deadline for all outstanding royalties.

By October, you'll also owe me a statement and royalties for the second part of 2017 for both of my books that are currently published through Sky Warrior, and I will expect to receive those when due. Your contention that you are, for whatever reason, without software for determining royalty payments does not in any way release you from your contractual obligations.

If you should choose to terminate our contract based on this demand, I will expect to receive all royalty statements and payments due to me in a timely manner or I will pursue legal options.

In addition to failing to provide royalties as required, you have failed to provide me with any copies of my book, which also is contrary to the contract. You've also failed to live up to your statement that [my second book] would be available in paperback before Christmas of 2017. It still is not available, which is hurting sales and marketing efforts, as I am not able to get it put in local stores or libraries or hold book signings. I know of many people waiting to buy the paperback, including some people who've agreed to review the book as soon as it's available. I'm certain you're aware of the value of reviews on Amazon when it comes to a book's visibility.

I have been exceedingly patient regarding these issues; however, due to the utter lack of honest communication from you regarding these important matters and the real harm you are doing to me financially and professionally, I can no longer afford to be patient.