Write in 2014 discussion

Plagiarism is a rarity in our business... enough so that when it does occur, a warning about the plagiarists activities deserves as wide a distribution and as much attention as can be achieved.

The following is from Victoria Strauss on the Writer@Beware Blog concerning the activities of one David Boyer.

Cold Iron: David Boyer - Plagiarist

Thanx for the link, Gwen. I've posted it on facebook too.

Wow.

It makes me feel better, but not, in a whole lot of ways. haha :)

Thanks for the link and the great advice Gwen.

So, as we begin our new year, it's time to look back at the last one to see what shenanigans have been going on in the publishing industry.

At the link you'll find a retrospective of the things we saw in 2011, courtesy of our friends at WriterBeware ® Blogs!

And I'll be here throughout the year whenever there's something new or dangerous in the hijinks department.

Happy Mittwoch One and All.

It seems the fit has hit the proverbial shan. The plagiarism allegations that have been swirling around author Ling Zhang’s novel Gold Mountain Blues have now become a C$6 million lawsuit for copyright infringement against Zhang and Penguin, the authors publisher.

Lawyers for Canadian authors Wayson Choy, Paul Yee and Sky Lee say they have identified at least fifty examples of original elements substantially copied from their work by Zhang.

In un-related News:

The bleacher seats are filling up as authors, agents and publishers wait to see what the courts decide the contractual term "in book form" means.

In what is being widely considered a 'test-case,' HarperCollins sued Open Road Media over the e-book publication of Julie of the Wolves because HC believes (or at least wishes to believe) that their 1971 contract with author Jean Craighead George gives HC the right to publish Wolves in all book forms, including e-books.

The formats that have been granted historically have been Hardcover, Trade Paperback and Mass Market.

Not only are these specifically named, they also include specific royalties per format and in many cases a time frame for publication.

According to Robert Gottlieb, President of Trident Media,

"Ebooks are not a sub-right unless it is stated as such in the agreement in the section where those rights are granted."

And this, dear friends is the nub of it. You cannot assume an undeclared sub-right for a form of media not in existence at the time a contract is signed.

.... Not even if you have a crystal ball and believe you can see the future.

But can wishing make it so?

Stay tuned...

Theresa @ Editorrent has two posts about a rumor (subsequently confirmed) that at least two agencies are inserting into their contracts a clause that takes a standard commission on an author's SELF-PUBLISHED books.

Yes, you read that correctly.

While none of the agents I know would consider stooping to something like this, it is obvious that at least two have.

You can read more about this on Maria Zannini's Blog. Agent Contracts: A disturbing Turn

I've said it before and I'll say it again:

1) Read any contract you're offered very, very carefully.

2) If you do not understand exactly what it is you're reading, find yourself a good contracts lawyer and ask them to read it and explain it to you.

3) Be willing to say NO to any agent that demands you accept any clauses you find unacceptable.

There are plenty of good, honest agents out there.

Know This: In many jurisdictions, the laws state that unless a contractual clause is illegal under the law of the state in which the contract would be adjudicated, it's too late to cry foul once you've signed.

It's a common belief in the publishing industry: If a traditionally published book doesn't earn out its advance, the publisher loses money.

In fact, that's a myth--and agent Chip MacGregor explains why.

http://chipmacgregor.typepad.com/main...

File This Under A List is still just a list: Why You Can't Always Trust The Source

...from WriterBeware®Blogs!

Many writers assume that a literary agent's inclusion in a market guide or listing--whether it's a print book, such as Jeff Herman's Guide, or a website, such as QueryTracker-- is an imprimatur of reputability. Surely the agent wouldn't be listed if there were any questions about his/her honesty or competence.

But the worst market listings--which may have been compiled by people who aren't very expert, or may be the corpses of once-active resources that haven't been updated in years, or may be databases where every Tom, Dick, and Harriet can create an entry, no matter their qualifications or ethics (WritersNet is a case in point)--may be full of questionable agents. And even the best may allow some undesirables to slip through.

... Read more at WriterBeware®Blogs!