Are Kill Fees Necessary?

I've read several blogs that warn authors that if a publisher's contract mentions kill fees, to walk away from the contract.

My publishers have kill fees, but I didn't walk away.  I might get reamed out for this comment, but I believe they're necessary.

Let's say a publisher has a book edited and a cover designed.  Then at the last second, the author pulls out and no longer wants their book published (for whatever reason.)  That publisher is out edits and a cover they still have to pay for.  And let's say the author takes their freshly edited book and self-pubs it.  Of course, they can't use the pretty cover already made for them, but what's to stop them from using the edits?

I have no problems with a publisher establishing kill fees to protect them against authors who do this.  But what bothers me is when I hear about unrealistic and sky-high charges being billed to them by the publisher. 

To me, if an author is going to be charged a kill fee, then it needs to be equal to what the publisher is out.  That way the author still has to pay to get out of his/her contract, but the editor is paid, the cover artist is paid, and the publisher is not out any expenses.

Bye-Bye Amazon Shorts

Back in 2006, I joined the Amazon Shorts program with 36 EXPOSURES, my short that ran just a smidge short of the 10K maximum word count. I followed a few months later with FIRELIGHT.

According to my Amazon contract, I would get paid royalties after I reached a $10 minimum payment.

Well, it's now April of 2009. I've never received a payment. And I've never received a statement. Ever.

So I sent in an email asking for a statement. The man who had been in charge apparently is no longer around. In addition, the Amazon Shorts program has been discontinued. (Their official word is "on haitus".) The one email I've gotten in response says that Amazon will never release my rights to me. And that I will be getting a statement "as soon as possible". The email was dated Feb. 12, 2009. To date? Nada.

Here it be known: According to my contract, as long as 1.) the book has been exclusively with Amazon Shorts for at least 6 months, and 2.) I give Amazon 30-90 days notice, I can seek a third-party publication.

I have sent my notice and another request for a current statement. But as an added CYA, I'm also posting here, and letting my readers know that Amazon will continue to sell my two stories 36 EXPOSURES and FIRELIGHT. But I won't see any profit from those sales.

I'll keep you posted and let you know who does contract them.