My Publishing Predictions (Partly) Come True

Last year, I made a number of predictions about what would happen in 2012 in publishing. Call me Cassandra, because they (partly) came true. Here's how I did with my prognostications:

Full-service e-books: I predicted that full-service shops would open up to assist writers who want to publish their own e-books, offering editing, cover design, formatting, special features such as links, matchmaking with illustrators, uploading to the major e-readers, and marketing. So far, there have been no takers on this model. Instead, publishing professionals have opened their own e-publishing companies rather than companies to assist writers. The big e-publishers like Lulu and Amazon also offer what they say are turnkey services. I think there's still room for some smart publishing professionals to pick up the slack in this huge market.

Consumer protection suits: I predicted we'd see more lawsuits claiming readers were misled. Sure enough, we've seen new consumer protection suits against authors and publishers, still mostly nonfiction, with consumers claiming they didn't get what they paid for. Lance Armstrong and Greg Mortenson have had the most highly publicized cases. I'm still waiting for suits saying a book advertised as fantasy was really sci fi, or a book advertised as good was really terrible.

Trademark suits: I predicted more trademark suits by authors, and I was right. Suits by comic book authors, dead authors and bestselling authors have claimed trademark infringement. It's one of those issues that will keep lawyers busy for decades to come as the publishing industry becomes more tight for money. The Fifty Shades people alone will create a boon for intellectual property lawyers.

Licensing: I predicted more publishers would make grabs for author rights in overbroad licensing language. Sure enough, publishers are making unprecedented moves to grab author rights. Beware contract language that may take away your rights. I've seen really broad licensing language proposed to me in contracts where I was writing free content. I find that most publishers, especially the ones who don't pay, are willing to negotiate when you call them on it.

Noncompete: As publishers insert more noncompete clauses into contracts, I predicted we'd start to see authors sued the same way employees are sued now – to keep them from going elsewhere. I haven't seen this yet, but I hear of more and more of these clauses. Since it takes a couple of years to get most books into print, it might be awhile before the suits come rolling in. What we are seeing, though, are suits where employers claim they own the copyright on books written by former employees based on contract language. Watch what you sign with your employers, as well as your publishers.

Alternate revenue sources: I predicted that publishers will insert links in ebooks to purchase items mentioned, like music, other books, and products. So far, while some e-books do have links, it looks like they are mostly for scam purposes, such as inserting malware. As publishers look for alternate revenue sources, advertisements are inevitable.

2012 certainly had its share of the usual libel and copyright litigation, along with a plethora of other legal issues that kept us busy on The Debriefer. Keep listening to us this year to hear the latest legal news in writing and publishing.

666 Park Avenue Starts With An Employment Law Lesson

The new television show, 666 Park Avenue, is a fun show about a luxury apartment building that has issues way beyond the normal plumbing problems. And the landlord? Well, as the Church Lady used to say on SNL, "Could it be Satan?" I think I had that landlord once.

The first show starts out with our hero couple finding the ideal job as managers of the building from hell. It all looks so nice, the tenants so happy. The new boss offers them more money than they imagined and a gorgeous apartment. He shoves a lengthy agreement in front of them. What's the worst that could happen?

Of course, our heroes sign without reading. And there's the big lesson for all employees: read what you sign. Your could be making a deal with the devil.

What could be in the agreement in this show makes me shudder to think. I'm sure we'll find out some of the worst provisions as the show progresses.

What could be in your employment agreement? There could be a noncompete provision saying you can't work for a competitor for a year or two. Or a nonsolicitation agreement, saying you can't solicit or communicate with clients, vendors and employees of the company for a year or two. I saw one that was so broad, my client couldn't talk to her bank about her own bank account if she signed. One would have barred my client from talking to his son for three years. You might have waived your right to a jury trial for any disputes against your employer, or have agreed to arbitrate, meaning you'll never get your day in court.

For writers, horror of horrors, there could be an intellectual property agreement saying that, if you thought of it or wrote it while you worked for them, even on their own time, they own it. That's right. Your blog, Twitter account, novel or nonfiction book about the workings of your industry might not be your own.

While you enjoy this fun new show, let it serve as a reminder to you: no matter how nice someone seems, read what you sign. You just might be making a deal with the devil.

9/5/10 Writing and Publishing Headlines

Where the Law and Literature Meet


Did Simon & Schuster violate campaign finance laws against in-kind contributions with book promo video? http://tinyurl.com/29ltks9

Writer sued by publisher over missed deadline (you all have my permission to throw rotten tomatoes at anyone who had their chance and blew it this badly): http://content.usatoday.com/communities/campusrivalry/post/2010/09/yahoo-writer-sued-by-publisher-over-failure-to-meet-deadline-on-valvano-biography/1

BBC loses court battle over driver’s secret identity: http://www.bbc.co.uk/news/entertainment-arts-11151777


What do you do when someone gives you your own comic book? Threaten to sue, of course: http://voices.washingtonpost.com/comic-riffs/2010/08/bluewater_comics_justin_bieber.html

Scribd charges for free books, uses subscription to get around copyright: http://pbackwriter.blogspot.com/2010/08/scribdcom-gets-greedy.html

Why the bankruptcy clause in your contract is useless: http://pubrants.blogspot.com/2010/09/sometimes-it-pays-to-pay.html

Stranded children’s authors form collective, go it alone vs. traditional publishing: http://www.thebookseller.com/news/127604-stranded-childrens-authors-go-it-alone.html


Other Headlines

Which book did the Discovery Channel gunman want them to make into a movie? The author’s reaction to really horrid publicity: "There is no disagreement between us," he said, "but his expression of the idea is very different from mine." http://www.chron.com/disp/story.mpl/metropolitan/7184520.html

Battle of the media – print vs. pixel?: http://www.nytimes.com/2010/09/02/technology/02couples.html?_r=1&src=busln

13 books nobody’s read but say they have (maybe they own the free Kindle versions): http://www.huffingtonpost.com/2010/09/03/lying-about-books_n_703762.html I’ve read 4 of them, but 2 were because I was forced to in school. How many have you read?

Want a bestseller? Say God didn’t create the universe: http://www.thebookseller.com/news/127578-hawkings-controversial-comments-see-sales-surge.html

The best books on writing: http://www.huffingtonpost.com/jon-winokur/advice-to-writers-books_b_700945.html  (Hey! Where is The Writer’s Guide to the Courtroom: Let’s Quill All the Lawyers?)

The art of co-authoring: http://www.huffingtonpost.com/alexander-humez/coauthoring-all-for-one-a_b_703916.html

8/22/10 Writing and Publishing News

Where the Law and Literature Meet
16 authors sue vanity publisher for deceptive practices: http://www.indystar.com/article/20100818/BUSINESS/8180323/1003/BUSINESS/Suit-by-16-authors-claims-deception-by-book-publisher

Libel tourism bill signed into law: http://www.google.com/hostednews/afp/article/ALeqM5jeNqZbaTbimE1aUCRkkqHq1kl2xQ

Is ignorance of the copyright violation a defense? We’ll find out soon: http://www.betanews.com/article/Innocent-Infringer-copyright-defense-for-downloaders-goes-to-US-Supreme-Court/1282317133

BBC wants to keep driver from revealing his secret identity in a book. Legal stuff ensues: http://www.telegraph.co.uk/motoring/news/7953303/BBC-lawyers-fight-to-keep-Top-Gears-The-Stig-secret.html

If you’re a Macmillan author, don’t sign that e-rights amendment without getting advice from your agent or lawyer: http://pubrants.blogspot.com/2010/08/publishers-behaving-badly-again.html



More writing and publishing links

Wanna be a bestseller? Announce the proceeds are going to charity: http://www.guardian.co.uk/politics/2010/aug/17/tony-blair-book-preorder-sales

The art of book thievery: http://www.telegraph.co.uk/culture/7903230/The-love-of-the-high-end-heist.html

Who are the 10 best paid authors? Pretty much who you’d think: http://www.forbes.com/2010/08/19/patterson-meyer-king-business-media-highest-paid-authors.html

Writers get revenge: http://online.wsj.com/article/SB10001424052748704554104575435531552525078.html?mod=WSJ_LifeStyle_LeadStoryNA

Seth Godin to go completely digital, abandon traditional publishing: http://www.mediabistro.com/galleycat/authors/new_york_times_bestseller_seth_godin_to_no_longer_publish_books_traditionally_171395.asp

Authors oppose censorship of Blair signing: http://www.thebookseller.com/news/126323-free-speech-campaigners-back-waterstones-over-blair.html

Ellen Hopkins uninvited due to censorship: http://www.stltoday.com/entertainment/books-and-literature/book-blog/article_65e5a834-ab19-11df-8f0b-00127992bc8b.html

Was a well-known children’s author a baby murderer?: http://www.huffingtonpost.com/2010/08/20/mummified-babies-peter-pan_n_689052.html

7/20/10 Writing and Publishing News

Big busy week for me, even though I’m on vacation. Ha!


My interview on work life balance on Women Lawyers Online is up. You can listen here: http://www.womenlawyersonline.com/2010/05/donna-ballman-interview/

I did an article for Women On Writing titled, “Using the Law in Your Story: Character, Plot and Professions.” You can read it here: http://www.wow-womenonwriting.com/40-FE5-FictionWritersToolkit.html#UsingLaw

Another article I wrote on using the law in writing is up at Selling Books: http://www.sellingbooks.com/category/research



Where the Law and Literature Meet

Barnes & Noble have been in court defending a poison pill that kept a big investor from amassing too much stock: http://news.yahoo.com/s/nm/20100709/bs_nm/us_barnesandnoble_trial  and http://www.bloomberg.com/news/2010-07-12/barnes-noble-poison-pill-trial-testimony-centers-on-aletheia-fund-votes.html  

Yet another suit has been filed claiming Harry Potter was plagiarized. Give it up guys: http://www.publishersweekly.com/pw/by-topic/childrens/childrens-book-news/article/43843-new-plagiarism-suit-against-harry-potter-and-scholastic.html?utm_source=Publishers+Weekly%27s+Children%27s+Bookshelf&utm_campaign=09ce3d971b-UA-15906914-1&utm_medium=email  and http://www.dailybusinessreview.com/news.html?news_id=63877

Lawsuit against Scribd claiming its copyright filtering violated copyright is dropped: http://www.wired.com/threatlevel/2010/07/copyrightfiltering-scribd/

“The Shack” author in dispute with partners over royalties, proving that even self-publishing can be financially perilous: http://www.latimes.com/entertainment/news/la-et-the-shack-20100713,0,6240949.story#

Janet Evanovich leaves publisher over refusal to pay giant advance: http://www.deadline.com/2010/07/st-martins-losing-biggest-fiction-author/

Tasha Tudor’s heirs battle over estate: http://www.timesargus.com/article/20100712/NEWS02/7120348/1003/NEWS02?utm_source=Publishers+Weekly%27s+Children%27s+Bookshelf&utm_campaign=09ce3d971b-UA-15906914-1&utm_medium=email

Court orders opening of Kafka safe deposit boxes: http://www.haaretz.com/print-edition/news/after-lengthy-legal-battle-franz-kafka-and-max-brod-safety-deposit-boxes-being-opened-1.301792

Why publishers are ticked (and afraid to speak up) over Amazon bullying: http://www.thenation.com/article/37484/trouble-amazon?page=full

Figes to pay damages for fake reviews: http://www.guardian.co.uk/books/2010/jul/16/orlando-figes-fake-amazon-reviews

British author arrested in Singapore for libel, contempt of court over book on death penalty: http://gawker.com/5591443/british-author-arrested-and-freed-on-bail-for-book-on-singapores-death-penalty

Serial book thief goes to jail: http://www.telegraph.co.uk/culture/books/7900426/Serial-book-thief-William-Jacques-jailed-for-three-years.html



More writing and publishing links

The best and worst writing advice: http://writersdigest.com/article/the-best-and-worst-of-writing-advice/

Who do you write like? New program tells you: http://www.huffingtonpost.com/2010/07/17/i-write-like-website-goes_n_650037.html

Sarah Palin invents new word, compares herself to Shakespeare: http://gawker.com/5590304/sarah-palin-invents-new-word-refudiate

Are book trailers a waste of time and money?: http://www.nytimes.com/2010/07/11/fashion/11AuthorVideos.html?_r=2&ref=style

Do we need to read more slowly?: http://www.guardian.co.uk/books/2010/jul/15/slow-reading

Shrek Forever After Teaches A Good Lesson to Writers

I recently saw the new (and most excellent) Shrek Forever After with the kids. It occurred to me that the movie taught an essential life lesson. That lesson is something all writers (and everyone else) need to sear into their brains. The lesson is: Read The Contract Before You Sign It.

The plot involves Shrek making a deal with Rumpelstiltskin, which should set warning bells off in his head immediately. But he signs a contract based on what Rumpelstiltskin tells him it means, and doesn’t bother to read it. Not only did Shrek make this mistake, but the King and Queen did the same thing when they signed their own contract with Rumpelstiltskin. I’m in the audience smacking my forehead at the idiocy of doing this.

Oh sure, I understand that it would be a lousy movie if the characters spent 30 minutes each reading a contract. And I understand that the writers needed the plot device (although they could have used invisible ink or enchanted paper or something better than sheer stupidity). Still, I’ll give them some slack. It’s just a cartoon.

The sad truth is, most people don’t read the contracts they sign. Substite Rumpelstiltskin with an unscrupulous agent, and you have a situation many writers have faced. Since failing to read it and understand it isn’t a defense to enforcing it, the time to fully understand what you’re agreeing to is before you sign on the dotted line. Don’t believe what the drafter tells you it means. Get legal advice if you don’t understand. The Author’s Guild in the US and the Society of Authors in the UK will advise you on your contracts if you don’t have a lawyer.

Are you giving away e-book rights too cheaply? Do you really understand how the publisher is going to compute your royalties? Who is going to bear the expense of marketing your book? Is your book going to be printed on endangered rainforest paper or recycled?

If you’re signing with an agent, are you signing for all your works or just one? What is the percentage they’ll get if they place your work? How is it calculated? What happens if they don’t place your work? How does the agreement get cancelled?

The law allows few excuses for failing to understand a contract. Don’t speak English? You’re expected to get it translated. Don’t read? You’re expected to have someone you trust read it to you. The person tells you it says something it doesn’t? Too bad. You should have read it. So why do so many people sign important contracts like car leases, real estate purchases, publishing contracts, and agency contracts, without bothering to read them?

I know it’s exciting to get a publishing contract or an agent’s contract. But read the darned thing before you sign it. Otherwise, you might not have a happily ever after experience in your writing career. Take it from Shrek.

6/30/10 Writing and Publishing News

What are first serial rights? What should writers know about taxes? How did an author’s FB page become a phenom? How are book bloggers finally earning respect in the publishing world? These headlines, plus more of the latest writing and publishing news are in this week’s Write Report.

Where the law and literature meet:

The Daily Business Review did a piece on the Writer’s Guide to the Courtroom: http://dailybusinessreview.typepad.com/insidetrack/2010/06/writers-guide-provides-courtroom-tips.html

What are first serial rights?: http://blog.writersdigest.com/qq/What+Are+First+Serial+Rights+Or+FNASR.aspx

Tax advice for writers: http://www.writersdigest.com/article/tax-advice-for-writers



More headlines:

Five lies unpublished writers tell themselves: http://www.guidetoliteraryagents.com/blog/5+Lies+Unpublished+Writers+Tell+Themselves+And+The+Truths+That+Can+Get+Them+Published.aspx

Why an author’s Facebook page for his book accidentally became a phenom (or, how to fool FB members by cleverly naming your page): http://www.mediabistro.com/galleycat/publicity/authors_book_title_inadvertently_becomes_facebook_fan_page_phenom_166147.asp

Jeff Bezos rubs his hands together and reveals his evil plan. BWAHAHAHA. Just kidding. He’s interviewed in Fortune. He actually does have lots of plans: http://tech.fortune.cnn.com/2010/06/29/jeff-bezos%E2%80%99s-mission-compelling-small-publishers-to-think-big/?s-mission-compelling-small-publishers-to-think-big§ion=magazines_fortune

And everyone analyzes the Jeff Bezos interview: http://techcrunch.com/2010/06/29/jeff-bezos-ipad/

Then Amazon crashes: http://www.publishersweekly.com/pw/by-topic/industry-news/bookselling/article/43688-amazon-com-crashes.html

Analyzing Harper Lee for the upcoming anniversary of Mockingbird: http://www.dailymail.co.uk/femail/article-1289793/Dont-mention-mockingbird-Meet-Harper-Lee-reclusive-novelist-wrote-classic-novel-mesmerised-40-million-readers.html

And the backlash against Mockingbird: http://www.guardian.co.uk/commentisfree/cifamerica/2010/jun/29/to-kill-a-mockingbird-backlash?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+theguardian%2Fbooks%2Frss+%28Books%29

Is Robert Pattinson related to Vlad the Impaler, the model for Dracula? Or is it all a bad publicity stunt?: http://www.telegraph.co.uk/news/newstopics/celebritynews/7851237/Twilight-star-Robert-Pattinson-related-to-Dracula.html

Book bloggers get respect in publishing world, finally: http://www.latimes.com/entertainment/news/la-ca-book-blogger-20100627,0,4401314.story

And the world’s worst writer is: http://www.npr.org/templates/story/story.php?storyId=128198534&ft=1&f=1032

6/22/10 Writing and Publishing News

How can you protect your ideas before submitting? Should you sign a one-book or multi-book deal? How did Amazon almost put an indie publisher out of business? Are the British courts trying to fix libel law? When will the Google decision issue? Does age matter in Hollywood? These and other stories are in this week’s Write Report.


Where the law and literature meet:

Amazon nearly causes indie bookstore to shut down after it cuts off online store over customer satisfaction levels: http://www.getreading.co.uk/news/s/2072859_amazon_cutoff_left_bookshop_out_of_pocket

Amazon to give fewer services to distributors and publishers who pay less: http://www.publishersweekly.com/pw/by-topic/industry-news/bookselling/article/43488-new-amazon-program-spurs-complaints.html

Court gives no indication of when Google settlement decision will issue: http://news.cnet.com/8301-30684_3-20008346-265.html

Tales from the Shakespeare book thief trial: http://www.telegraph.co.uk/culture/books/booknews/7844716/Librarians-heart-sank-on-seeing-damaged-Shakespeare-first-edition.html

British court raises standard for bringing libel claims in landmark ruling: http://www.pressgazette.co.uk/story.asp?sectioncode=1&storycode=45595&c=1

12 most bizarre comedian lawsuits: http://comedy.com/2010/06/21/12-most-bizarre-comedian-lawsuits/

Writers Guild asks IMDB to remove ages from listings because, surprise, Hollywood discriminates based on age: http://www.pastemagazine.com/articles/2010/06/writers-guild-pressures-imdb-to-remove-age-info.html

Attorney answers how you can protect your ideas before submitting: http://www.mediabistro.com/galleycat/publishing/ask_a_lawyer_how_do_i_keep_them_from_stealing_my_idea_164032.asp

Hong Kong publisher halts Tiananmen Square book over copyright concerns: http://www.google.com/hostednews/ap/article/ALeqM5jTDwszLhsGMN1NQAicjbOwjm5qCgD9GEP7J80

Agent talks about advantages of one book vs. multi-book contracts: http://pubrants.blogspot.com/2010/06/one-book-or-two-maybe-three.html



More headlines:

Very silly things heard at bookshops: http://www.responsesource.com/releases/rel_display.php?relid=57303

Ebooks: Royalties vs. respect: http://www.cbc.ca/technology/story/2010/06/21/ebooks-self-publishing-luminato.html

Geoffrey Hill wins Oxford Professor of Poetry slot in a landslide: http://www.guardian.co.uk/books/2010/jun/18/oxford-professor-poetry-geoffrey-hill

How gadgets are affecting your brain: http://www.nytimes.com/2010/06/07/technology/07brain.html?scp=1&sq=brain%20computer&st=cse

Here’s a poll on which craze will be the new vampires in YA lit: http://www.huffingtonpost.com/2010/06/22/the-new-vampires-9-possib_n_620202.html

6/16/10 Writing and Publishing News

Why shouldn’t Bloomberg/Wiley authors sign the modifications the publisher is proposing? Which major sports bio went on sale despite threats and bookstores refusing to shelve? Which publisher is accused of sexual harassment? These headlines, plus more of the latest writing and publishing news are in this week’s Write Report.


Thanks so much to the Florida Writer's Association, which just named The Writer's Guide to the Courtroom as a finalist in the 2010 Royal Palm Literary Awards.

Where the law and literature meet:

The Authors Guild warns Wiley/Bloomberg authors not to sign that harmless looking modification they just got from their publisher: http://authorsguild.org/advocacy/articles/wileys-deceptive-letter-to-bloomberg-press.html  and http://authorsguild.org/advocacy/articles/wiley.html  and http://authorsguild.org/advocacy/articles/one-in-five-bloomberg-authors-received.html  and http://authorsguild.org/advocacy/articles/wiley-rejects-authors-guild.html  and Wiley’s response http://www.wiley.com/WileyCDA/PressRelease/pressReleaseId-76717.html

Will piracy increase revenues?: http://www.thebookseller.com/news/120264-piracy-may-not-affect-revenues-says-new-report.html

Rooney’s Gold goes on sale despite legal threats, WH Smith backs out: http://www.thebookseller.com/news/120169-rooneys-gold-goes-on-sale-despite-legal-warnings.html

Florida passes law assuring student free speech rights: http://www.splc.org/newsflash.asp?id=2103&year=

Freelance writers get settlement in internet publication case: http://www.mediacastermagazine.com/issues/story.aspx?aid=1000374111

Do you only need to file a copyright application to enforce your rights, or does it need to be issued? Depends on where you live: http://www.jdsupra.com/post/documentViewer.aspx?fid=a45e2c87-5796-4177-a032-ef88e2a876de  

Did Glenn Beck crib the plot of his new novel from a 2005 self-published novel? Here’s the comparison: http://www.huffingtonpost.com/chris-kelly/glenn-becks-new-novel-abo_b_613861.html

London book thief steals $80,000 worth of books from library. I guess he had a big backpack: http://www.telegraph.co.uk/culture/books/booknews/7829895/Book-thief-had-shopping-list-of-treasures.html

New details in Penguin sexual harassment case: http://www.thebookseller.com/news/120768-new-details-emerge-in-penguin-sexual-harassment-case.html

Publishers accuse Amazon of extortion: http://www.thebookseller.com/news/120788-us-publishers-hit-out-over-amazon-extortion.html

Children’s vetting scheme that impacted author school visits has been canned for now: http://www.thebookseller.com/news/120771-childrens-vetting-scheme-disbanded.html

Dyer accused of plagiarism: http://www.thebookseller.com/news/120777-dyer-accused-of-plagiarism.html

Twilight folks sue over jacket: http://www.imdb.com/news/ni2891178/

Gaiman sues over Spawn: http://www.dailyfinance.com/article/biff-pow-comic-artists-clash-over/1113566/



More headlines:

Glenn Beck endorses Nazi book. Nobody is surprised: http://www.salon.com/news/glenn_beck/index.html?story=/opinion/conason/2010/06/07/dilling

Best articles on writing from the first half of 2010: http://blog.writersdigest.com/norules/2010/06/08/BestArticlesWritersShouldHaveRead1stHalfOf2010.aspx

Five million books downloaded to iPad: http://industry.bnet.com/media/10008527/even-with-fuzzy-math-ipad-wins-another-e-book-hand-against-kindle/

Children’s authors strike back! Colfer to pen adult novel: http://www.publishersweekly.com/pw/by-topic/childrens/childrens-book-news/article/43472-colfer-pens-first-adult-novel---.html

The 5 greatest books with psychotic fan bases: http://www.cracked.com/article_18568_the-5-greatest-books-with-psychotic-fan-bases.html?notwilight

New interactive guide to Ringworld: http://io9.com/5561479/interactive-guide-to-larry-nivens-ringworld-is-the-next-best-thing-to-going-there

The origins of the vampire story: http://chronicle.com/article/All-the-Dead-Are-Vampires/65829

Why are the Brits so rude? (the author obviously has never been to Miami, the world capitol of rudeness): http://www.independent.co.uk/arts-entertainment/art/features/naughty-by-nature-why-has-britain-become-so-rude-1995950.html

3/30/10 Writing and Publishing News

Where the law and literature meet:

The battle lines are drawn - Ingram won’t distribute books for publishers using agency model: http://www.quillandquire.com/blog/index.php/2010/03/25/ingram-draws-line-in-sand-over-agency-model/

Run into Prince Charles while jogging? Best not blog about the experience. New proposed law imposes gag order on anything about the royals: http://www.timesonline.co.uk/tol/news/politics/article7069750.ece

Lawyer sues when HBO promotes his movie then plays porn movie with same name instead: http://www.abajournal.com/weekly/article/lawyer_sues_after_film_contained_more_thighs_than_anticipated

Amazon reported in Scotland for bullying: http://news.scotsman.com/entertainment/Bookshops-hit-back-at-Amazon.6186211.jp

Trouble for Google in France: http://www.thebookseller.com/news/115133-french-publisher-gallimard-to-sue-google.html

Simon Singh, champion of libel reform, freedom to sport really hideous haircuts: http://business.timesonline.co.uk/tol/business/law/article7078008.ece

Blame libel tourism on Arnold, and more on the history of libel tourism, libel reform: http://www.google.com/hostednews/ap/article/ALeqM5jwKRQVu4JPYuCjr3U1CcZPfE0NxgD9EKG0901
More headlines:

Book tourus interruptus: http://www.csmonitor.com/Books/chapter-and-verse/2010/0330/Like-Sarah-Palin-Karl-Rove-faces-book-tour-disruption?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+feeds%2Fbooks+%28Christian+Science+Monitor++Books%29

Don’t give up your day job and other realties in the current publishing market: http://www.telegraph.co.uk/culture/books/bookreviews/7523153/Apoca-lit-Now.html

Stephen King doesn’t need no stinkin’ iPad: http://publishingperspectives.com/?p=13636

Five lessons Apple can learn from Amazon: http://government.zdnet.com/?p=8271

Romance heroes are as sexy as socks: http://www.dailymail.co.uk/femail/article-1262162/Heroes-The-new-men-modern-romantic-fiction-sexy-socks.html

Has Gerald Posner set world plagiarism record?: http://gawker.com/5505620/gerald-posner-may-set-world-plagiarism-record

Margaret Atwood is a Twitter addict: http://gawker.com/5505244/the-real-margaret-atwood-is-a-twitter-addict

As a sign of the apocalypse, Glenn Beck is signed to write a novel. But will it make him cry?: http://www.mediabistro.com/galleycat/celebrities/glenn_beck_unveils_his_upcoming_novel_156793.asp

Stephenie Meyer to release new book, free e-version: http://www.mediabistro.com/galleycat/authors/stephenie_meyer_to_release_first_new_book_in_almost_two_years_156730.asp

3/24/10 Writing and Publishing News

Where the law and literature meet:

German court claims jurisdiction over libel case because article can be viewed in Germany: http://www.rcfp.org/newsitems/index.php?i=11326

Screenwriters lose plagiarism suit over God of War video game: http://www.escapistmagazine.com/news/view/99222-Sony-Fends-Off-Copyright-Lawsuit-Against-God-Of-War

Mohammad cartoon faces the dread British courts over libel: http://www.cnsnews.com/news/article/62909

Philip Pullman threatened, needs security over new book: http://www.telegraph.co.uk/culture/books/booknews/7493602/Philip-Pullman-threatened-by-religious-zealots-over-new-Jesus-Christ-book.html

Authors Guild warns writers to read letters from Random, HC carefully before agreeing to lock in e-book royalty rates: http://www.publishersweekly.com/article/453656-Authors_Guild_Warns_Again_on_e_Book_Royalties.php

Barrister wins big bucks after being accused of helping a friend get away with murder: http://www.theage.com.au/victoria/barrister-pockets-630000-for-libel-20100322-qrda.html

The Takedown (notice) Hall of Shame: http://www.abajournal.com/magazine/article/takedown_putdown

The great new business model, Harper Studio, goes down in flames: http://gawker.com/5495612/harpercollins-rethinking-bloggy-book-label

Reasons to refuse to allow Google BookScan to publish your thesis online: http://gawker.com/5494979/does-michael-lewis-snatch-his-ideas-from-college-kids

Finally, Britain may reform its libel laws: http://www.thebookseller.com/news/114902-pa-welcomes-mojs-libel-reforms.html  and http://www.guardian.co.uk/media/2010/mar/24/libel-tourism-reform-jack-straw

Random says it may pass on iPad bookselling: http://www.ft.com/cms/s/0/4d11b5fc-36b9-11df-b810-00144feabdc0.html  

$18.9 million verdict reinstated against employee who stole company manuals, gave to competitor: http://www.law.com/jsp/article.jsp?id=1202446702735&Reinstated__Million_Copyright_Verdict_Marks_Latest_Twist_in_LongRunning_Case


More headlines:

Which Nobel laureate had to proofread in the forest due to spy fears?: http://www.monstersandcritics.com/news/europe/news/article_1542573.php/Spy-fears-drove-Nobel-laureate-to-proofread-in-forest

Nicholas Sparks, bastion of modesty: http://www.powells.com/blog/?p=16818?utm_source=facebook&utm_medium=web&utm_campaign=facebook_fans&utm_content=Book%20News%20March18

The decline of the bestseller: http://www.publishersweekly.com/article/453748-The_View_from_the_Top.php

Americans’ reading habits. We like to be scared, then reassured: http://gawker.com/5500661/americans-afraid-of-freemasons-canada-alex-rodriguez

Book not available on the Kindle is savaged by one star reviews by Kindle owners: http://gawker.com/5500086/online-mob-savages-michael-lewis-book

Gerald Posner admits to large number of plagiarism violations. One of the authors he stole from is in the audience. Video goodness: http://gawker.com/5497305/gerald-posner-im-a-thieving-cocksucker

Why the agency model will be good for Amazon: http://www.fool.com/investing/general/2010/03/23/to-beat-apple-amazon-needs-to-let-publishers-win.aspx

Jeff Kinney on multimedia and the future of children’s book publishing: http://www.washingtonpost.com/wp-dyn/content/article/2010/03/19/AR2010031901574.html

3/19/10 Writing and Publishing News

Where the law and literature meet:
More Oscar bounce for lawyers. Hurt Locker makers sued: http://news-briefs.ew.com/2010/03/03/hurt-locker-law-suit/

Lindsay Lohan sues Etrade over use of the name Lindsay in ads: http://www.msnbc.msn.com/id/35780790/ns/business-media_biz/  Girl, you’re no Madonna.

Amazon makes more threats to remove buy buttons – don’t even think about an agency model if you’re not one of the big five publishers: http://www.nytimes.com/2010/03/18/technology/internet/18amazon.html?partner=rss&emc=rss  and http://mhpbooks.com/mobylives/?p=13605

More missing buy buttons at Amazon: http://www.publishersweekly.com/article/452669-Amazon_com_Removes_Buy_Buttons_from_Diamond_s_Publishers.php

But don’t hate Amazon just because they occasionally screw up: http://www.mediabistro.com/galleycat/comicbookland/marvel_comics_writer_criticizes_trumpedup_outrage_over_amazon_graphic_novel_glitch_154884.asp 
Colorado calls for boycott of Amazon after associates program dropped: http://www.publishersweekly.com/article/452559-Group_Calls_for_Amazon_Boycott.php

French three strikes law actually increased piracy: http://www.teleread.org/2010/03/14/french-piracy-increases-after-three-strikes-law/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+teleread%2FKHnj+%28TeleRead%3A+Bring+the+E-Books+Home%29

Kapow! Kirby estate sues Marvel over rights to superheroes: http://www.comicbookmovie.com/fansites/GulfCoastAvengers/news/?a=15889

Unethical agent ruins e-contracts for everyone: http://pubrants.blogspot.com/2010/03/we-interrupt-this-q.html

Gerald Posner admits plagiarism: http://www.cbc.ca/arts/books/story/2010/03/17/posner-plagiarism-babylon.html  

More headlines:
Nothing to do with writing, but still. Florida vampire announces candidacy for President: http://www.wtsp.com/news/mostpop/story.aspx?storyid=127365&provider=top

High e-book cost didn’t damage Baldacci’s book sales, despite complaints: http://www.google.com/hostednews/ap/article/ALeqM5iftfvIiV7uRYWgrbu8NHH8lDt4rAD9EF93LO0

Weird talents of well-known writers (and other celebs): http://www.cracked.com/article_18441_7-celebrities-who-had-badass-careers-you-didnt-know-about.html

Have you been quoted in a book and don’t know it? I have. Vanity Google book searching: http://www.mediabistro.com/galleycat/trends/vanity_google_booking_154889.asp

Harlequin offers books on Nintendo DS in Japan: http://www.teleread.org/2010/03/13/harlequin-offers-books-on-nintendo-ds-in-japan/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+teleread%2FKHnj+%28TeleRead%3A+Bring+the+E-Books+Home%29

If your iPad battery dies, you’ll need a new iPad: http://www.telegraph.co.uk/technology/apple/7447353/Apple-will-issue-replacement-iPad-when-battery-runs-out.html

Scholars think lost Shakespeare play may be the real thing: http://news.bbc.co.uk/2/hi/entertainment/8569101.stm

Book about Gordon Brown shelved when author missed deadline: http://www.guardian.co.uk/politics/2010/mar/13/gordon-brown-publisher-shelves-book

Grisham’s kid courtroom drama has initial million copy print run: http://www.publishersweekly.com/article/453472-Cover_and_Print_Run_Revealed_for_Grisham_s_First_Kids_Book.php

Better Off Ted Gets Employment Contract Right, Hilariously

Better Off Ted is consistently one of the funniest shows on TV. They skewer a fictional company, Veridian, that cares only about profits at the expense of its employees. In the latest episode The Lawyer, The Lemur, and the Little Listener they got a couple things so right it made me howl.

First, they got the way some companies treat fired employees right, then they kicked it up a notch. I’ve had hundreds of clients come to me over the years describing that they were called into the Human Resources office, presented with termination papers, and escorted out. They weren’t allowed to go back to their offices to pack. Instead, while they were whisked away to HR, their belongings were packed for them and waiting when they left. They had to do the walk of shame in front of everyone and felt like criminals while they were marched out with an escort. Better Off Ted created a company Extraction Team. Instead of packing up while the employee was out of the office, the Extraction Team packed the office, picked up the employee from their chair, and painted the empty office the moment they left. The writers took an all-too-true sad situation and made comedy.

My favorite part, though, was when an employee dreaming of escape wrote a children’s book. (I won’t go into how wrong they got the publishing industry or the children’s book market, because it was still funny). The company scientists pointed out that she had signed a contract giving the company rights to anything she created while she worked there. And that’s exactly what happens. People laugh at me when I ask them, before they sign, whether they write novels or songs, design games, paint, or do anything else creative. The horrid truth is that greedy companies will try to take your work if you’re not careful. I won’t tell you how the writers twisted the story in an unexpected way – rush to your TiVos and try to pick it up on reruns, or watch it online here: http://abc.go.com/watch/better-off-ted/187472/244404/the-lawyer-the-lemur-and-the-little-listener .


This is a great example of how writers got the law right and used it to make the story better. In the law, truth is almost always stranger than fiction.