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At the Back Fence
"Extra"
The Mystery of
Cindi Louis' Crazy Thing Called Love
Let Common Sense Prevail
Let Common Sense Prevail
April 24th:
We at AAR frankly thought this story was "done" back
in February, when we reported that Harlequin had sent
letters to web sites asking that they remove any reference
to Cindi Louis' August 2001 release, Crazy Thing Called
Love, as a violation of its copyright. We reported
that the book's publisher, HarperCollins, had removed
Louis' book from distribution (this after contacting
legal counsel for both publishers and visiting numerous
web sites that had removed said references). We were
able to later report that the copyright infringement
complaint was brought on behalf of author Linda Turner
for her April 1998 release, The Proposal and further
reported that our investigation through the U.S. Copyright
Office revealed Harlequin
had not registered a U.S. copyright for Turner's book.
We assumed that counsel for both multi-national corporations
were evenly matched and that Harper would not take
such a drastic move without considerable evidence from
Harlequin. So when the May issue of Romantic Times
included the following segment in their "Under
the Covers" column, we went back into investigative
mode. Once again we contacted legal counsel for both
publishers, talked to various series authors to make
sure we understood the timeline, and backtracked through
what we knew from other Internet research and compared
it against what RT wrote. That first:
"If April showers bring May flowers,
shall we see what's growing in RT's garden this
month? Why, gossip of course! For starters those
pesky legal troubles between Avon's Cindi Louis
and Harlequin's Linda Turner are getting juicier.
An author friend of Louis' (who wishes to remain
nameless but has, I can assure you relentless
readers, an impeccable rep) dishes that the trouble
really started when the rookie author (whose
debut novel, Crazy Thing Called Love,
was allegedly - very important word there! -
plagiarized from Turner's) posted the manuscript
on her website prior to its publication.
"The highly-respected tattler tells us
Louis was unaware and just shocked by the Harlequin
charges. 'This whole affair is sooo heartbreaking
for those of us who know Cindi, and for Cindi
as well. She's a bright, bubbly, talented young
woman who is caught up in a mess that may end
her career before it even begins. She is not
guilty of what she is being accused of. This
is very heartbreaking watching her twist in the
wind, especially when it appears that no one
is willing to ask, who really stole from whom?'
"Hmmmm. Meanwhile, Turner has a sterling
record, with 10-plus category novels under her
belt in addition the possibly purloined The
Proposal. Looks like we're just skimming
the surface on what could be a fine mess indeed.
Stay tuned as we try to go directly to the horsies'
mouths on this case." |
It's true that the author who contacted RT has impeccable
credentials (we have our sources too). She also hails
from and lives in a state roughly a thousand miles
away from Louis, who is a native Texan. Based on Internet
research, it's hard to pinpoint when the two met and
forged their mentor relationship, neither is it clear
whether this author would have advised an unpublished
author to post her manuscript on the Internet (more
on that later).
Linda Turner, an author with many more than ten published
books under her belt, had The
Proposal published by
Harlequin for their Silhouette Intimate Moments line
in April 1998. What we did not know before today is
that The Proposal, while published for the mass paperback
market in 1998, was first published under Harlequin's
Direct Mail Program in December 1997.
Given what we understand of the process from other
series authors, it is likely that Turner would have
turned in the final manuscript to her editor roughly
one year earlier - in December 1996. Then there's the
actual time spent writing the book, for which some
series authors is as little as six weeks or as long
as six months. And, based on what we've learned about
the process, authors don't turn in manuscripts of books
unless they've had their proposal approved, even if
they're already under contract. That approval process
takes some months as well.
Suzanne Brockmann, for instance, informed us that
her original proposal for Love
with the Proper Stranger,
published in January 1998, was sent to Harlequin in
May of 1996; the final contract and revised proposal
occurred five months later, in October. She sent in
her manuscript in December and made final revisions
in March of the next year. The process for another
of her SIM's, Everyday, Average
Jones, began with a
proposal sent to her publisher in January 1997; the
book was released in August 1998. Brockmann adds that
sometimes a final manuscript will be published in as
few as 9 months after it's been turned in (and, of
course, this is after the approval process period),
although it's often a year or more. Another SIM author
said there's generally a six-month lag between sending
in a proposal and gaining approval. She generally works
on a book for six months, and after she turns in the
final manuscript, it's another year until the book
is published.
With this information we've been able to construct
a timeline for Turner's The
Proposal that has the idea
for the book being sent to Harlequin for approval in
the first several months of 1996, having the approval
given during the middle of the year, and the manuscript
being written during the last several months of 1996.
Louis says on
her web site that she didn't begin writing
until she'd returned from a Romance Slam Jam cruise.
The following is a direct quote from her "About
Cindi" page (accessed April, 2002):
"I really took my writing seriously about
five years ago. When I told my husband I wanted
to go on the Romance Slam Jam cruise because
some of the authors I like to read would be there
too. Well, I went and had a great time.
"While telling my husband about the cruise
and the nice time I had with the authors, he
went on to say, 'As much as you read you should
write.' Huh! He had jokes.
"Well, a few months later I took him up
on it." |
According to the History
of the Romance Slam Jam page,
the first two jams were in-store events in 1995 and
1996. The two cruises were in 1997 and 1998.
April 25: In an unusual - and unusually timed -
turn of events, the History of the Romance Slam Jam
page became unavailable at some point today (the "error
404" message indicates the page was removed).
Luckily enough, google's cache version is active,
so I've downloaded it to my computer and uploaded
it from there for future reference. You
can access it here. (It's a very good thing that I not only printed off
hard copies of every web page mentioned throughout
all the reporting for this article since February but
also downloaded some of the pages to my computer, including
the page at Cindi Louis' web site sharing with readers
that she began writing some months after attending
the Slam Jam. While the
page itself isn't neat by a
long shot when looked at via this link, its source
code reveals where it came from.)
Since it takes established writers 6 weeks to 6 months
to write a series-length book, it seems logical to
assume it would take a first-time writer at least that
long to write a 350+ page single title release. Had
Louis attended the 1997 Slam Jam cruise (we don't know
if she attended in '97 or '98) and begun to write her
book "a few months" thereafter, Turner's
book would already have been finalized by the time
Louis finished her own manuscript and posted it on
the Internet.
Setting the timeline aside, there's also the problem
of posting an entire manuscript on the Internet and
making it available to the public. It's doubtful a
publisher would buy such a manuscript because of the
concept of "first rights." You see, publishers
want to know that what they're going to be selling
is the first look at a novel - why sell something somebody
could have already read for free?
Okay, so now we've set the timeline aside and will
assume for the sake of the argument that Louis sold
Harper the rights to her book in 2000 even though it
had already been posted on her web site. The next thing
we must believe is that Turner then turned the tables
on Louis and threatened to sue or had Harlequin threaten
to sue for copyright infringement. And since Louis
is alleged to have not known anything about any of
this until very late in the game (perhaps nearly as
late as those letters Harlequin sent out), we must
also believe that Harlequin's lawyers can run rings
around those who work for Harper, whose lawyers apparently
simply rolled over and played dead when confronted
by Harlequin's legal might. HarperCollins, in case
you didn't know, is owned by The News Corporation,
which also owns 20th Century Fox, Fox Broadcasting,
Fox News, FX, the National Geographic Channel, TV Guide,
and more than two dozen newspapers throughout the world.
As for the imprints associated with HarperCollins,
they include Avon, HarperTorch, William Morrow, and
ReganBooks - in the U.S. alone.
None of this information is hard to come by, and it's
also not difficult to pick up the phone and call both
sets of lawyers, which is what we did. It appears that
the original confidentiality agreement that led to
Harper's removing Crazy Thing
Called Love from distribution
may prevent further official comment, although I have
directly communicated with Kyran Cassidy, counsel for
HarperCollins, and Helene Levesque,
counsel for Harlequin. Should further information from
either or both be forthcoming, we'll share it with
you as soon as it comes in.
One final word: we understand that the publisher for
Louis' next book is not HarperCollins.
Return to the top of the original story, reported February 15th
Post your comments and questions to our Potpourri Forum
May 3rd:
In doing even more research on the Cindi Louis/Linda
Turner story, I've learned:
When presenting her side of the story, Ms Louis told
people that she had written Crazy Thing Called Love
in 1995 and posted it on the Internet in 1995/1996,
which is where Linda Turner apparently saw it, downloaded
it, used it as her own, and then claimed Louis had
stolen it from her.
That was a "pioneer" period for the Internet,
and online services such as AOL, Genie, CompuServe,
and Prodigy really ruled the World Wide Web for most
people online. I wrote a column about the Internet
at that time for a print newsletter and my first column,
published in January 1996, defined terms such as on-line
service, newsgroups, bulletin boards, etc. Extremely
adventuresome authors such as Stella Cameron and Suzanne
Forster did have web sites at the time, but most authors
and aspiring authors worked within the confines of
on-line services and/or had brief biographical and
backlist listings with sites such as writepage.com.
So while it would have been highly unlikely for Cindi
Louis to have had a web site at that time, to have
posted a complete manuscript to it (considering that
publishers don't generally buy manuscripts
that have already been made available to the public
for free),
and for Linda Turner to have visited it, it wouldn't
have been impossible...
If only...
Cindi Louis hadn't gone on record on a Delphi Forum
called The Color of Love Chat
Forum in October, 2000
stating "...tune in here for my webpage address." Ms
Louis didn't get around to actually giving out her
web site address on Delphi until June of 2001, shortly
before her book is released. At that time she announced
a contest and directed people to her web site.
If you've been to Louis' web site, there is no "date
created" at the bottom, but she does, of course
tell her story of attending the Romance Slam Jam cruise
(held in 1997 and 1998), returning from that wanting
to write, and her husband encouraging her to go ahead
and do it some months later. If that's the case, then
how could she have written her book in 1995?
Why is it that the very day after I reported the dates
for the two Slam Jam cruises, was that page mysteriously
deleted from the Internet? Louis, btw, lives in Dallas,
as do the founders of the Slam Jam, two of whom are
booksellers and the third is a well-known author (but
not the source mentioned in the RT article). According
to the now-removed (but still cached at google and
uploaded here at AAR) history page for the Slam Jam,
there was no Jam in 1999, but there was in 2000, and
it was organized by the Romance Noir Book Club, founded
by none other than Cindi Louis. Even more interesting,
a "whois" search for the owner of romanceslamjam.com
(and that now-removed but critical history page) reveals
that she is none other than Cynthia Louis, who is also
the "whois" owner of cindilouis.com.
Given that Linda Turner's The
Proposal was part of
a trilogy, can there be any inferences drawn from the
fact that Louis mentions on the Delphi Forum that there
will be two additional books to follow Crazy
Thing Called Love?
One of the reasons I've followed this story as closely
as I have is that there is a wide-spread belief that
since so little has been made publically known about
this case, that it could not be more than rumor and
innuendo. In fact, the moderator of the Delphi Forum
stated in February of this year, one week after I first
reported the story, that any and all messages posted
on the forum referring to plagiarism and Louis' book
would be deleted. One of her reasons for doing this
was "if there is an accusation out there - it
has been kept quiet and for good reason probably. Because
nothing has been proven and/or there is no case to
begin with." By that time the agreement to pull
Louis' book from distribution had already been made,
Harlequin had already sent the letters asking that
mentions of Louis' book be removed from web sites (with
Harper's consent, or Harlequin could not legally have
sent the letters), and if the books had not yet been
physically removed from distribution, the plan was
already in motion.
As for that source with impeccable credentials mentioned
in the RT snippet, my guess is that she did not know
Louis in 1995/96, did not know what the Internet looked
like in 1995/96, and unknowingly accepted Louis' story
about writing her book in 1995 and posting it online
as fact. It is my opinion from following the Internet
trail that:
- Louis created her web site to coincide with the
publication of her book -on her web site, she says
she "really took (her) writing seriously about
five years ago." If her web site first went
online sometime in 2001 prior to the release of her
book and we count backward from 2001, starting with
2001, five years earlier puts us in 1997, when the
first of the two Romance Slam Jam cruises were held;
- Louis didn't think Linda Turner would discover
the similarities between the two books; and
- Louis didn't consider that someone looking into
this would discover that the
information made available on her web site and the History
of Romance Slam Jam page don't match her side of the story, which
is that she wrote Crazy Thing
Called Love before
Linda Turner wrote The Proposal, first published
in December, 1997.
In my opinion, if Cindi Louis' story is to be believed,
then HarperCollins has the most pitiful lawyers in
the world to agree with Harlequin that her book must
be removed from distribution. And yet, if that's so,
why were the Harper lawyers able to keep things so
secretive? Harlequin's lawyers are not exactly known
for their deft legal handling of copyright infringement
cases. Just ask Gina Wilkins,
who saw 100 pages of her 1991 Hotline in Gail A. MacFarland's
1999 Arabesque/BET release, When
Love Calls. While BET agreed to cease
publication of the book, they merely did a "recall" of
it and admitted no liability. To this day, copies of
When Love Calls continue to be sold. As for the confidentiality
agreement Wilkins signed, she cannot say the word "plagiarism" nor
could she name the author when she spoke to us back
in May of 2000.
When contacted for a statement about this latest case
of copyright infringement, Wilkins had this to say: "I
used to think the publishers were innocent bystanders
in these crimes, but have started considering them
as accessories because of the way they protect the
plagiarists. My sympathies are, as always, completely
with the victim of this latest theft." She added, "I
just wish the publishers would step up to the plate
and start dealing with this issue, rather than leaving
their authors to fend for themselves - i.e., pursuing
legal venues against the offending publisher and writer,
suing their own writers who sold them stolen material,
policing sale of books that should be off the market,
etc. The publishers have the resources, they simply
won't take advantage of them."
Return to the top of the original story, reported February 15th
Post
your comments and questions to our Potpourri Forum
February 15th: (Most of the google cache links included
in this section no longer function; I maintain hard
copies of everything.)
Yesterday I was asked what I knew about some letters
in Mrs. Giggles' Dead Letter
Office as written by Laura
Sandilands, Business Affairs Administrator for Harlequin
demanding that her review of Cindi Louis' Crazy
Thing Called Love be removed. The exact text read: "You
must remove from your site any reference, promotion,
or excerpt of 'Crazy Thing Called Love' written by
Cindi Louis. The book is in infringement of our copyrights
and therefore any promotion, sale, use or excerpt shall
immediately cease."
Since I hadn't a clue, I just did some quick research.
According to BYRON, this is the one and only title
for Cindi Louis and was published in August. Going
next to Amazon, I discovered the only link they have
for the book is for a used copy - there were no links
to the book as new, and given its publication date
in August, I knew something funky was going on. The
book seemed to have been pulled from distribution.
Barnes and Noble online had no listing at all for the
book.
Next, I went to Google, a search engine that allows
people to view old versions of pages via their cache
function. One of the first links I took was to a Harriet
Klausner review at a site called Bookbrowser. The review,
still online as of this writing, indicates the publisher
is Harper, which matches the letter at Mrs. Giggles'
site. For those who may remember, Harper was Janet
Dailey's publisher at the time it was determined she
had plagiarized Nora Roberts in 1997.
The next link I took was to an Avon site - Avon is
a part of HarperCollins. At this
site, I found a bio
was found for Cindi Louis, but no title when using
their search function. In the Google cached
version,
the title of her book is listed and given a hyperlink.
Taking that
hyperlink reveals a snippet about the book,
as well as an excerpt link, which is empty. This snippet
page is actually still on the Avon site, although I
could not get to it from anywhere at Avon itself.
At the next link I tried, I checked both the current
version of a page and a cached version for a Romance
Slam Jam, a conference for AA authors to be held this
March. The current
page shows no Cindi Louis entries
at all, but the cached
version shows four nominations
for Cindi Louis' Crazy Thing
Called Love - for Favorite
Hero, New Author of the Year, Single Title of the Year,
and Steamiest Title of the Year.
Next I went to Cindi Louis' site. She talks about
writing for HarperCollins and St. Martins and provides
a "Sneak Peek" at Crazy Thing Called Love
and mentions that she sold it in 2000. It does not
look as though this page has been updated since before
the book was published.
Then I tried more current view/cached views via Google
links. The original
link at The Romance Reader now
gives an "error 404" message, but via the
cached
link, the 4-heart review is visable (the original
url was http://www.theromancereader.com/louis-crazy.html).
Cindi Louis was also apparently a "rising star" at
the Romance in Color website. The Google
cached url shows that she was a recent rising star as of October
2001. She has been removed as a rising star; the existing
page at Romance in Color does not list her name at
all.
The Avon Ladies website, administered by a number
of Avon authors, once showed not only her name, but
the title Crazy Thing Called
Love on its Our
Books page; in the current
view, only her name is listed.
This morning I emailed AAR's contact at HarperCollins
and received the following written response: "I'm
very sorry that I can not comment on this. I would
love to help, but there are legal issues involved,
so I'm going to have to remain silent." Having
worked on copyright infringement articles before, I
know that legally, when agreements are signed, there
are some things that cannot be divulged, but always
in the past I've at least been able to determine which
book and author had her work infringed upon.
So I called Kyran Cassidy, Assistant General Counsel
for HarperCollins. When he too said he had no comment,
I explained that I'd already found the book had been
released, reviews written, nominations for the book
made and then all rescinded, he then replied he would
get back to me next week.
Hoping to have more luck with Harlequin, one of the
aggrieved parties, I called Laura Sandilands, who referred
me to their VP of Legal Affairs - Helene
Levesque. Ms. Levesque said that the "parties
agree there is copyright infringement" but would
go no further. She would not divulge the name of the
author or title of the book published by Harlequin
that had been plagiarized and said that the legal settlement
did not allow her to say who the signatories of the
agreement were, and whether or not they included the
un-named author.
All in all, a frustrating experience. If anything
more develops, I'll be sure to let you know.
Return to the top of the original story, reported February 15th
February 17th:
Though I contacted several individuals within the online
romance writing community in my effort to determine
which author and book had been plagiarized by Cindi
Louis, none even knew about the story or had simply
been on the receiving end of the same email Mrs.
Giggles had received. However, late last night I
received an email from an author who shall remain
nameless. The book plagiarized by Cindi Louis is
The Proposal, a 1998 Silhouette Intimate Moments
release by author Linda Turner.
All that comes before are the facts of this story.
What comes next is opinion.
After having reported on three copyright infringement
cases in the past several years, I've been disturbed
by how the author victims seem to be victimized not
only by other authors, but by their publishers in these
out-of-court settlements. More on that later, but first,
some observations that may or may not have any bearing:
- The publisher of Nora Roberts' Sweet
Revenge was Bantam; the publisher of Janet Dailey's Notorious and Aspen
Gold was Harper. This case was very public
and publically pursued by author Nora Roberts.
- The publisher of Gina Wilkins' Hotline was Harlequin.
The publisher of Gail A. McFarland's When
Love Calls was BET. This case was not at all public and
author Wilkins had to be extremely careful when discussing
her case as the settlement reached (in which BET
did not admit any liability) could have been voided
had she been more forthcoming in talking about it.
We had to edit her written comments to AAR at least
twice per her request in order to achieve a comfort
level in her going public with us.
- The publisher of Linda Turner's The
Proposal was Harlequin. The publisher of Cindi Louis' Crazy
Thing About Love was Harper. This instance has been
so well hidden it felt as though I was digging around
Area 51 to learn anything, with both publishers being
extremely close-mouthed. Harlequin's VP for Legal
Affairs said she did not want to divulge the Harlequin
author victimized "in
order to protect her." Huh?
- Harlequin doesn't necessarily register its copyrights
in the U.S. According to U.S. law, without that registration,
a case cannot be taken to court. The cost of registering
a copyright in the U.S. is $30.00. (For more information
on this, check out this "jump" link.)
- According to the U.S. Copyright Office (I used
the link procedures as set out in the above jump
link), Linda Turner is registered for copyright for
eight titles. The Proposal is not among them. (Nora
Roberts is registered for 78 copyrights. Gina Wilkins
is registered for 17 copyrights.)
Plagiarism has been called "mind-rape" by
those authors who are victims of it. It seems from
my experiences in trying to cover these instances that
publishers are trying to sweep it under the rug and
that these settlements do not serve any interests other
than the publishers; authors whose work is stolen are
not allowed to shed light on this dirty little secret
and in my estimation are twice victimized, first by
a fellow author, and then again by their very own publishers.
There's a very strong stench about this topic and
it reminds me of all those lawsuits that are settled
with gag orders imposed as part of the settlements.
How often have you read in the newspaper that the victim
of a tort, a party in a lawsuit, or former employee
and potential whistle-blower is forbidden to ever discuss
their experience and if they do, whatever monies they
won in the settlement must be returned? When this has
involved a tort, people have actually died as a result
of these "gag orders." No one has died as
a result of copyright infringement, but those who steal
the work of others should be held up under intense
public scrutiny and those whose work has been stolen
should be allowed to share their experiences.
This case didn't go to court. Is that because Harlequin
never registered a copyright? I don't know, but will
assume it might be the reason in this instance. It's
hard to imagine a publisher not devoting the time and
money to register copyrights, but that might have happened
here - without looking into the SOP's of Harlequin,
I couldn't say. It looks to this outsider that Harlequin's
lawyers and Harper's lawyers hashed out a deal that
would at least get Louis' book out of distribution,
but without a registered copyright, Harlequin and therefore
author Turner had less of a legal leg to stand on than
they would have had the copyright been properly registered.
And so it seems to me that Harper was able to insert
a "gag" order of sorts into the legal agreement
signed by all parties.
All of these suppositions are simply that; suppositions.
Those items not in the "factual" part of
my article are somewhat unclear at this time, which
is why I've hedged my statements. I do not want to
say something is fact if it is not. For instance, I've
been told that the procedure I used to check out the
copyrights for Linda Turner may not reveal all her
copyrights, that paperbacks are listed differently
than hardcovers. I'm opening
this up to those of you
who know more than I do in order for us all to become
educated on this.
-- Laurie Likes Books (with additional investigation
by Anne Marble)
Return to the top of the original story, reported February 15th
February 27th:
Subject:Re: Re: Gag orders (my .02c)
From: LLB
To: All
Date Posted: 19:38:17 02/17/02 ()
Email Address:
Entered From: adsl-64-123-188-14.dsl.rcsntx.swbell.net
at 64.123.188.14
Message:
One of the links I gave in my article was via Telnet
to the U.S. Copyright Office. There is no copyright
registered to Linda Turner for The Proposal, which
I think fits in w/my other response to you about
lacking a leg to stand on.
TTFN, LLB
Subject:Copyright registration
From: LLB
To: All
Date Posted: 19:51:18 02/17/02 ()
Email Address:
Entered From: adsl-64-123-188-14.dsl.rcsntx.swbell.net
at 64.123.188.14
Message:
Having just learned how to check via Telnet which books
are registered with the U.S. Copyright Office, I'm
interested in knowing which of you authors have checked
to make sure you are protected. Is there anything
in your contract w/your publisher(s) to guarantee
they will register a copyright? How much thought
have you given to this, and how many of you have
registered for yourself because your publisher(s)
did not?
TTFN, LLB
Subject:From info sent to me by Robin
From: LLB
To: All
Date Posted: 22:32:53 02/17/02 ()
Email Address:
Entered From: adsl-64-123-188-14.dsl.rcsntx.swbell.net
at 64.123.188.14
Message:
A reader named Robin sent me this link http://www.sormag.com/louis6.html from the online magazine Shades of Romance posted
online this past summer.
I'm pasting the interview in because it will, in all
likelihood, have to be removed due to the "Harlequin
letter." Of particular interest to me is the sequel
planned to Crazy Thing Called Love.
I had the pleasure of meeting Cindi Louis at my first
Romance Slam Jam in Dallas, Texas. She was one of the
organizers. She was a warm and friendly. She made me
feel as if I'd known her forever. She has the best
laugh that comes from her heart.
We kept in touch after the conference. When she emailed
me that her book was being published. I shouted for
her. My girl's dreams were coming true.
At Slam Jam 2001, on the drive home, I got a sneak
peak of this book. The winner of the Romance Reader's
book basket was my friend. In this basket was an advance
copy of the book. Of course I was reading it, and was
hooked on page one. I had about a 1/4 left to read
when I reached St. Louis.
I wrote Cindi telling her how much I enjoyed what
I'd read so far and that the characters were calling
me to finish the book. To my surprise she sent me an
advance copy for my birthday. I quickly gobbled up
the last pages. If you don't have this book, GET IT!
I'd like to introduce you to someone who has become
a good friend. She's on her way up on that writer's
ladder and I'm so glad to have met her, and I hope
you are too.
Shades Of Romance Magazine: What does it feel like
to finally see your writing dream come true?
Cindi Louis: That's just it. It is a dream come true.
I have been waiting on this for five looong years.
SORM: Describe your current book in 50 words or less:
LOUIS: Crazy Thing Called Love is the story of a no-nonsense
Judge, who's had her share of men--that is until the
handsome attorney, Jason McNeal try's to knock a hole
into her ceiling.
Jason takes the Judge, Jayda Tillman up on her little
proposition. They both find this Crazy Thing Called
Love right under their own noses.
SORM: What's your favorite scene in the book?
LOUIS: Oh, my. I have a few. You know when a man
says, "I
love you so much until it hurts." That man loves
you. With that said, the scene that stands out to me
is: The night that Jason got the call from Detective
Ken Lewis to meet him at the Coroner because they found
a body. The reason being, when I was writing that scene
I asked my husband how would he fell if someone took
me? Well, after he stopped laughing and telling me
they would bring my back because I would talk them
to death. He got very serious and said. "My whole
world would stop because you wasn't there to share
it with me. Because I love you so much until it hurts." Just
by him saying that, I knew the pain Jason was feeling
not knowing where Jayda was. He loved her just that
much.
SORM: How did you develop the characters in your book?
LOUIS: First I did a character sketch of Jayda. I
knew what I wanted her to look and talk like for four
years. I pinned her down so good; I can tell you how
many gray hairs are in her head. I had become Jayda
Tillman. I needed to know what made her tick and why
she had so many issues with the opposite sex. For a
year, I was a walking, talking, breathing, Jayda Tillman.
Next, I moved on to Jason. In the very beginning I
only knew Jason would have dove-gray eyes and wavy
black hair. Then one night I was watching my husband
work out and knew what Jason was to look like. With
the help of my husband, I was able to become Jason.
I knew his favorite food. What a man would and would
not say. I knew how important family was to him. Then
I found out what his issues were and why. I also wanted
to give him a sense of humor, which only helped move
the story.
Once I put Jason and Jayda in place I worked on their
best friends, who played major, but small parts in
the story.
SORM: How long did it take it to write your book?
LOUIS: It took me four very long hard years to write
CRAZY THING CALLED LOVE. Right when I thought I knew
what I was doing, my critique group would ask the 'Big'
question--Why? Why did she do that? Why he couldn't
see that? Why, Why, Why. Good Lord! I had to take to
my bed. No, seriously, I'm glad I have them with me,
because after they got through with me, my book was
ready to be sent out to a publishing house. Later it
was picked up.
SORM: If your book could be made into a movie, whom
would you choose to play the lead characters?
LOUIS: If CRAZY THING CALLED LOVE was to be made into
a movie, I would choose that drop-dead-gorgeous hunk-of-a-man,
Alan Payne to play Jason and Jada Pinkett-Smith to
play Jayda. I know Jada could play the no-nonsense
Jayda Tillman with ease and Alan has all the charm
and sense of humor as Jason.
SORM: What do you think that new romance writers can
do to promote interest in their work?
LOUIS: Romance writers can start by getting their
name out there. Go to some of the conferences in
your area if you can't afford to travel all over
the world. They can go to the different message boards
and introduce themselves and talk about their book.
Have a contest promoting their new book. They should
go by some bookstores, just to say "Hello".
They should make contact with book clubs. They should
have a press kit ready to go, you never know who
might want to do a story on you. I know this takes
a lot of time, but it will pay off in the long run.
SORM: Who was the greatest influence on your life
and on your writing?
LOUIS: The people with the greatest influence on
my life and writing are my Mother, Daisy Lavalais.
From day one she has always been there, cheering
me on. My husband, Tim Louis, he encouraged me to
do something with my "wild" imagination.
My mentors, Francis Ray, Anna Larence, Beverly Jenkins,
and honorable mention Donna Hill. They had--and still
do make themselves available for me. I can call them
at anytime and they are there. They critiqued my
work with firm 'RED' pens, but never made me feel
bad about my novel. I'm sure I drove them all to
drinking once they finished reading those first three
chapters along time ago. I know I drove myself to
drinking. (I'm just joking).
They helped me reach my dream. This is what I love
about these four women, even though they were on
deadline, revisions, or just being with their family
they never once complained about reaching back to
help another reach their goals. They didn't have
to do it, but they did. When Francis Ray, Donna Hill,
and Beverly Jenkins started they had no one to call
and say, "Can
you help me." They paved the way for many authors
and I'm just giving credit where credit it due. They
all touched my life and made it wonderful.
SORM: What hobbies do you enjoy when you're not writing?
I like to sew.
LOUIS: What was the best writer's conference you attended,
why? Let's see, the best writer's conference for me
was Black Writers Reunion, because I got so much out
of the workshops I went to. It was great I have two
notebooks full of information that I'm still using
today. Then on that Wednesday Avon made me an offer
for my book. Yes, I would have to say that was the
best one with Romance Slam Jam 2000 coming in a very
close second.
SORM: What advice would you give to someone attending
their first conference?
LOUIS: Go to the workshops that will benefit you.
Only you know what you need to work on in your writing
career. Take notes and ask questions.
SORM: What is the latest romance you've read?
LOUIS: That is funny you would ask that question because
I just finished reading Francis Ray's story (Southern
Comfort) in the anthology 'GOING TO THE CHAPEL'
SORM: How can readers get in touch with you? (email,
address, web site)
LOUIS: They may reach me at: reader@cindilouis.con,
P.O. Box 411366, Dallas, Texas 75421 or www.cindilouis.com
SORM: Any advice for aspiring romance writers?
LOUIS: My advice to aspiring writers is to write,
write, write. Even when you don't feel like it, keep
writing until you finish. Once you have finished, step
away from it for a few days. That way when you go back
to it you will look at it with a new eye and your juices
will be flowing again. Then edit and revise it. Join
a critique group (they really help). Send it out and
believe it will be published. Don't stop there, start
on your next book and give it your all as well. Stay
focus on where you are trying to go.
Once you are published don't get amnesia and forget
where you come from. Remember, you didn't pull yourself
up by your own bootstraps. Reach back and help the
next aspiring author. You will be blessed ten times
over.
Stay away from negative people--even if they are family.
Why? Because you are trying to reach your dreams and
negative people are only a nightmare waiting to happen.
SORM: Can you give us a sneak peek at your next book?
LOUIS: I'm currently wrapping up my second novel,
CRAZY ABOUT YOU. This is Marcus and Melissa's story
they are the best friends of the hero and heroine in
my first book. Their story is a marriage of convenience.
The heroine wants a child, but no man. The hero is
willing and able to help her out. With her sassy mouth
and his quick wit, this pair will have you laughing
out loud.
I'd like to thank Shades of Romance and LaShaunda
Hoffman for doing a great job. Thanks for reaching
back.
SHADES OF ROMANCE MAGAZINE WOULD LIKE TO THANK CINDI
FOR TAKING THE TIME TO DO THIS INTERVIEW. WE WISH YOU
MANY BLESSINGS WITH YOUR NEW CAREER.
Thanks, Robin. TTFN, LLB
Subject: I've never checked
From: Pamela Britton
To: All
Date Posted: 10:49:57 02/18/02 ()
Email Address:
Entered From: hollinet-dyn78.hollinet.com at 207.105.8.78
Message:
Hi, Laurie:
I'll be honest in saying I've never double-checked
to see if I've been copyrighted appropriately. One
assumes the publisher is doing that adequately. That
said, I do remember a brouhaha several years ago regarding
Harlequin not registering several copyrights for various
author's work. I have no idea if this has been since
resolved.
I checked my contract, both with my previous publisher
(Harper) and my new publisher (Warner) both indicate
that they will be responsible for registering the copyright.
Hope that helps.
Pamela Britton
Subject: Re: I've never checked
From: Sarah
To: All
Date Posted: 11:17:43 02/18/02 ()
Email Address: sarah@weinmans.com
Entered From: 66-108-139-6.nyc.rr.com at 66.108.139.6
Message:
Laurie---
First of all, thanks for the link! I was searching
through the web-based version and it's fascinating,
especially in terms of when copyrights were registered
and for what.
But I think publishers take quite a while to register
copyrights; for the 2001 releases that I checked, none
were registered thus far. Maybe there's a window of
time that must elapse before publishers do so, or before
the LOC accepts them, but that's speculation, of course.
But this whole brouhaha is plenty interesting, that
is for sure...
Sarah
Subject: Re: I've never checked
From: Kathryn Smith
To: All
Date Posted: 12:34:21 02/18/02 ()
Email Address:
Entered From: ottawa-ppp-198818.sympatico.ca at 209.226.118.87
Message:
This came up a year or two ago with some other authors
I talk to. It was discovered that sometimes it does
take the LoC awhile to get the info up, whether that's
a publisher error or LoC's, I'm not sure. It was
also discovered that even though a search might not
turn up a book that doesn't mean it isn't registered,
if memory serves. I do know that Avon/Harper registers
their books.
Subject:Re: my 2 cents
From: Sandy L, PA
To: All
Date Posted: 19:59:40 02/18/02 ()
Email Address: lunsford@nni.com
Entered From: at 216.107.3.60
Message:
I was in a writers' group over 10 years ago. There
was a member in that group who had one of her ideas "scooped" by
a professional writer. She had told the professional
writer her idea and wanted an opinion. The professional
writer liked the idea so much that she wrote her
own version and sold it. By the time my friend had
written her idea the publisher wasn't interested. "It
had already been done." I can't help but wonder
exactly what was plagarized and how much. Was it
the idea? Or whole sections taken verbatim? I read
Laurie's article, but recall that any specifics beyond
the charge of plagarism were given.
I know this board has had discussions in the past
about how there are not that many plots an author can
use. Especially in historicals.
This probably only relates in my brain!
Subject:Re: Re: my 2 cents
From: LLB
To: All
Date Posted: 20:21:51 02/18/02 ()
Email Address:
Entered From: adsl-64-217-219-185.dsl.rcsntx.swbell.net
at 64.217.219.185
Message:
According to my source, the plagiarism was extensive
and blatant. Had it not been, I doubt Harper would
have yanked the book from distribution.
TTFN, LLB
Subject:Re: Copyright registration
From: Terri Brisbin
To: All
Date Posted: 22:05:56 02/18/02 ()
Email Address: TerriBrisbin@aol.com
Entered From: spider-wq062.proxy.aol.com at 205.188.200.182
Message:
I write for Berkley and Harlequin -- Berkley does register
the copyrights of my books as required in my contract.
Harlequin reserves the right to, but does not register
them.
I have checked at various times and the books do show
up on the LoC website, but it takes time! Now, with
the Copyright Office not getting mail since last October
(anthrax found in their post office), registration
will take even longer....
Subject: Re: Re: Copyright registration
From: LLB
To: All
Date Posted: 22:24:42 02/18/02 ()
Email Address:
Entered From: adsl-64-217-219-185.dsl.rcsntx.swbell.net
at 64.217.219.185
Message:
I'm glad Berkley registers copyrights, but don't understand
Harlequin's position at all. Have you any idea why
they don't? Do you do it for yourself instead?
TTFN, LLB
Subject: Re: Copyright registration
From: Terri Brisbin
To: All
Date Posted: 22:38:10 02/18/02 ()
Email Address: TerriBrisbin@aol.com
Entered From: spider-wq062.proxy.aol.com at 205.188.200.182
Message:
Laurie --
My understanding is that Harlequin's business HQ is
in Switzerland and so they believe they are covered
by the Berne convention. I think it has to do with
the number of books released per month and the additional
expense it would cost.
I do know many H/S authors who register their books
themselves and I will be registering my upcoming release.
Subject: It's (still) out there
From: judym
To: All
Date Posted: 21:03:27 02/17/02 ()
Email Address: judymishkin@mediaone.net
Entered From: h002078cfbeb0.ne.mediaone.net at 66.31.66.23
Message:
"Crazy Thing Called Love" was still for sale
at the local Border's today.
Subject:Re: Re: my 2 cents
From: June
To: All
Date Posted: 22:45:28 02/18/02 ()
Email Address: june@diaverse.com
Entered From: bgp989173bgs.madsnh01.mi.comcast.net
at 68.41.145.73
Message:
Just FYI regarding copyright. I'm not a lawyer, but
this is my understanding of how it works:
Ideas cannot be copyrighted. Written work is copyrighted
from the moment it is written. If your friend had given
the author pages to read and the author had used them
to create a book it would be plagerism. Since she simply
TOLD the author the idea, it wasn't. A good reason
not to tell your ideas to anyone you don't absolutely
trust.
--June
Subject:Re: Copyright registration
From: Sue Swift
To: All
Date Posted: 10:27:58 02/19/02 ()
Email Address: sue@sue-swift.com
Entered From: at 12.81.128.120
Message:
The rumor is that H/S doesn't register copyrights,
but that they have the right to do so. I registered
the copyright of my first book, which was pubbed
by Zebra.
I'm sorry for the writer who's work was stolen, but
glad this fracas has arisen...it's reminded me that
I have to register my next two books, which I will
do this week.
It's a $30 fee, I believe, and a simple two page form.
No big deal.
Subject: Re: Re: Copyright registration
From: LLB
To: All
Date Posted: 16:25:15 02/19/02 ()
Email Address:
Entered From: adsl-64-123-190-59.dsl.rcsntx.swbell.net
at 64.123.190.59
Message:
Sue -
Until this particular instance arose, I assumed as
a matter of course that every single publisher routinely
registered books for copyright. It's a relatively inexpensive
thing to do and in my mind, should be done as soon
as every book leaves the warehouse for distribution.
TTFN, LLB
Subject: Re: Re: Re: Copyright registration
From: Sue Swift
To: All
Date Posted: 17:44:07 02/19/02 ()
Email Address: sue@sue-swift.com
Entered From: at 12.81.129.240
Message:
One would think so, but I'm told by many more experienced
authors that this doesn't happen.
I guess that the publishers don't want to go to the
expense. For example, how many books does H/S publish
every month? About 100? That's $3000; multiply that
by 12 and you get $36,000, the amount they're saving
annually. Factor in the low probability of infringement
occurring. Add to that the time that registration would
take their employees to accomplish. It all adds up
to a compelling argument to save rather than spend
the money. Given that when word gets around most writers
will register their copyrights...just like I'm doing
right now...it's no wonder that many pubs don't register.
Subject: Re: Re: Re: Re: Copyright registration
From: LLB
To: All
Date Posted: 17:59:02 02/19/02 ()
Email Address:
Entered From: adsl-64-123-190-59.dsl.rcsntx.swbell.net
at 64.123.190.59
Message:
Yes, it does add up, but somehow I had envisioned they
had a person doing nothing but that...and that was
their entire job, to assure that their rights and
the rights of the authors who they contract w/are
protected. I don't consider it a $36,000 savings;
I consider it penny-wise, pound foolish.
TTFN, LLB
Subject: Re: Re: Re: Re: Re: Copyright registration
From: June
To: All
Date Posted: 19:22:35 02/19/02 ()
Email Address: june@diaverse.com
Entered From: bgp989173bgs.madsnh01.mi.comcast.net
at 68.41.145.73
Message:
This may be a matter, in part, of a difference in national
mindsets. Many countries (Canada for example) don't
have a mechanism for 'registering' copyrights. A
work is copyrighted from its creation and a published
book with the copyright date in it would be enough
to go to court for infringement. The H/S brass, not
being Americans, might not see the registration as
being as important as American authors would.
Just another possibility.
--June
Subject: Re: Re: Re: Re: Re: Re: Copyright registration
From: LLB
To: All
Date Posted: 19:33:35 02/19/02 ()
Email Address:
Entered From: adsl-64-123-190-59.dsl.rcsntx.swbell.net
at 64.123.190.59
Message:
If Ma and Pa Kettle ran Harlequin, I could believe
that. But Harlequin is a very sophisticated company
that publishes editions in many nations and is, I'm
sure, well versed in the legalities and intricacies
of doing business in the U.S.
Do you remember that a few years ago Harlequin filed
sued against a small publisher called Ponder for copyright
infringement not over a book, but for a phrase, a tag
line of some sort? I can't remember all the details,
but remember that they were quite diligent about protecting
what they perceived as their own.
I find it amazing that this huge multi-national corporation
would pursue that type of action against a very small
publisher while at the same time not protecting it's
own authors.
You might want to check out Modeen Moon's post made
not long ago on this MB; it's fascinating.
TTFN, LLB
Subject: Re: Copyright registration (Long, with citations)
From: Modean Moon
To: All
Date Posted: 18:25:43 02/19/02 ()
Email Address: mmoon@sff.net
Entered From: at 12.19.118.131
Message:
: HI, Laurie -- (waves -- hi, everyone) Coming out
of deep lurkdom to respond to this question. I'm
one of the Harlequin authors who discovered my work
was not registered. I've since registered it.
There is much discussion about the necessity of copyright
registration, including a deep resentment by some of
anyone who suggests that registration is necessary.
Since I suspect you (Laurie) are going to be receiving
some correspondence regarding that, I'm reposting here
a post I made to another list earlier today, with the
identifying tags filed off so that only MY words are
shared. The exceptions in Section 106A (a) and (b)
apply to works of VISUAL ART and are not applicable
to the written works.
Thank you for providing the information that you did.
Repost: (Sorry, apparently the bold face I intended
got lost; I'll put in some non-shouting caps to break
up the work; in addition to the "shouting: caps
I have already included.)
I feel strongly about this Laurie, so you have my
permission to quote me.
--
Okay. One more time. Without registration we cannot
even go to
court. (my comments in Bold face)
>From http://www.loc.gov/copyright/faq.html
13.Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright
exists from
the moment the work is created. You will have to register,
however, if you wish to bring a lawsuit for infringement
of a U.S. work. See Circular 1, section Copyright Registration.
14.Why should I register my work if copyright protection
is
automatic?
Registration is recommended for a number of reasons.
Many choose
to register their works because they wish to have the
facts of their
copyright on the public record and have a certificate
of registration. Registered works may be eligible for
statutory damages and attorney's fees in successful
litigation. Finally, if registration occurs within
five years of publication, it is considered prima facie
evidence in a court of law. See Circular 1, section
Copyright Registration and Circular 38b on non-U.S.
works.
AND IF THE COPYRIGHT FAQ IS NOT SUFFICIENT TO REFUTE
THE
CLAIMS ATTRIBUTED TO HARLEQUIN THAT REGISTRATION IS
NOT REQUIRED IN ORDER TO BRING SUIT, here is a section
of the
applicable LAW:
http://www.loc.gov/copyright/title17/92chap4.html#411
� 411. Registration and infringement actions10
(a) Except for an action brought for a violation of
the rights of the
author under section 106A(a), and subject to the provisions
of subsection (b), no action for infringement of the
copyright in any United States work shall be instituted
until registration of the copyright claim has been
made in accordance with this title. In any case, however,
where the deposit, application, and fee required for
registration have been delivered to the Copyright Office
in proper form and registration has been refused, the
applicant is entitled to institute an action for infringement
if notice thereof, with a copy of the complaint, is
served on the Register of Copyrights. The Register
may, at his or her option, become a party to the action
with respect to the issue of registrability of the
copyright claim by entering an
appearance within sixty days after such service, but
the Register's
failure to become a party shall not deprive the court
of jurisdiction to determine that issue.
ALSO TROUBLING, but something I've not been able to
find an answer
for, is my doubt that Harlequin is meeting the mandatory
deposit
requirements of the US Copyright office:
http://www.loc.gov/copyright/title17/92chap4.html#407
� 407. Deposit of copies or phonorecords for
Library of
Congress7
(a) Except as provided by subsection (c), and subject
to the
provisions of subsection (e), the owner of copyright
or of the exclusive right of publication in a work
published in the United States shall deposit, within
three months after the date of such
publication-
(1) two complete copies of the best edition; or
(snipped)
AND FURTHER AS TO ATTORNEY'S FEES and additional costs:
� 412. Registration as prerequisite to certain
remedies for
infringement11
In any action under this title, other than an action
brought for a
violation of the rights of the author under section
106A(a) or an action instituted under section 411(b),
no award of statutory damages
or of attorney's fees, as provided by sections 504
and 505, shall be
made for-
(1) any infringement of copyright in an unpublished
work commenced
before the effective date of its registration; or
(2) any infringement of copyright commenced after
first publication of
the work and before the effective date of its registration,
unless such registration is made within three months
after the first publication of the work.
ALSO, THERE is a lot of information about whether
we can/cannot
prohibit the importation of pirated copies of our work,
which we
CANNOT STOP without registration. See:
� 601. Manufacture, importation, and public
distribution of
certain copies1
(a) Prior to July 1, 1986, and except as provided
by subsection (b),
the importation into or public distribution in the
United States of copies of a work consisting preponderantly
of nondramatic literary material that is in the English
language and is protected under this title is prohibited
unless the portions consisting of such material have
been manufactured in the United States or Canada.
(b) The provisions of subsection (a) do not apply-
AND FORWARD
AS TO THE MAIL PROBLEM AT THE COPYRIGHT OFFICE:
http://www.loc.gov/copyright/mail.html
sets out that NO MAIL has been RECEIVED by the copyright
office, not
that they are NOT OPENING the mail, and gives alternatives
for
delivery.
ADDITIONAL COMMENTS (by me)
I feel strongly enough about this issue that I registered
all of my
copyrights. I found on search that not only had Harlequin
not
registered any since 1991, the date of the Berne convention,
which, I have been told Harlequin uses as the cut-off
date for necessary registration, that there were some
(but not all -- why?) of my books from the '80s that
were not registered.
The copyright office at that time stated that even
though registration
took effect on the date the materials were received,
it might take as long as eight months for the certificates
to be returned. It did. And it took almost a year from
the date of registration for them to show up in the
registration database (separate from the LOC card file).
When information first started trickling out, many
of us could not
believe that Harlequin was not registering the copyrights:
our contracts called for it, didn't they? Well, no,
they don't. and in my opinion, this is a deliberate
evasion on the part of Harlequin corporate. NOT ONLY
DID THEY NOT PROTECT US FULLY, THEY LIED BY OMISSION
AND LEFT US OPEN TO REDUCED RECOVERIES, even though
that same contract states that if we do recover anything,
they are entitled to HALF of it.
Anyway, I found the LOC telnet site and began exploring.
IT SIMPLY IS
NOT TRUE that standard procedure is for publishers
NOT to register
copyrights. I do copyediting and proofreading for a
(non-romance)
genre publisher. The registration clerk there spluttered
coffee when I asked her. "Of course we register!" An
editor on another list asked several times, "They're
not registering? WHY are they not registering? They're
NOT REGISTERING?" (Paraphrases of each, from memory,
but darned close to verbatim.)
The mechanisms for checking registration have gotten
a lot simpler:
there's now a web interface so you don't have to use
the Telnet
Bulletin Board type interface. Go to:
http://www.loc.gov/copyright/search/
to do a search. Note also that a big gulp of Nora Roberts'
Silhouettes WERE REGISTERED AFTER the plagiarism case.
To check the claims that these are not being registered,
pick a
selection of non-Harlequin books by several publishers.
Make sure these books are at least a year old (maybe
eighteen months, now, because of the delay since 9/11)
and check the authors' names in the database.
AS TO STRONGER COPYRIGHT LAWS:
We have strong and effective copyright laws and the
longest protection
in history (or the world). What good would more copyright
laws do, if we are not even taking advantage of the
ones we have now?
Modean Moon
--
http://www.sff.net/people/mmoon
DARE TO DREAM, first published as a Harlequin American,
available now from Embiid Books (http://www.embiid.net)
http://members.tripod.com/modean_moon/daretodream.htm
Subject: Re: Re: Re: Re: Re: Re: Re: Copyright registration
From: June
To: All
Date Posted: 20:35:08 02/19/02 ()
Email Address: june@diaverse.com
Entered From: bgp989173bgs.madsnh01.mi.comcast.net
at 68.41.145.73
Message:
Modeen's post is very interesting. I can't speak to
whether H/S is right or wrong, but their rational
makes a certain economic sense.
First, they can, so far as I know, register any material
they have to litigate in the US. Not registering anything
that doesn't require litigation probably saves them
a lot of money. Whether it's RIGHT or not -- well,
I don't feel fit to judge.
Second, international copyright is supposed to be
recognized by the US. Therefore something published
under British or Canadian laws should be valid in the
US -- but, the lawyers I know tell me this is really
complicated so the reality is 'maybe, maybe not'. I
don't know, not being a lawyer. Still, I wouldn't be
surprised if even very savvy business people outside
this country don't realize that American courts might
not honor the Bern convention rules in all cases.
Beyond that, from everything I hear, actually taking
a plagerizm case to court is dicey. The process is
lengthy, expensive, and the cases are hard to win even
with solid evidence. Most companies, it seems, prefer
to do quiet, out of court settlements instead. This
seems to be what Harlequin is going after in this case.
The one friend I have who pursued a plagerizm case
took an out-of-court settlement and was glad for it.
He never could have afforded to pursue the case to
conclusion if the people in question hadn't agreed
to settle.
So, though I certainly agree that is is just wrong
to IMPLY that you are registering when you are not,
I can kind of understand why the publisher WOULDN'T
register.
Course, that's just my take on things. Others will
disagree.
--June
Subject:Re: Re: Re: Re: Re: Re: Re: Re: Copyright
registration
From: LLB
To: All
Date Posted: 21:09:27 02/19/02 ()
Email Address:
Entered From: adsl-64-123-190-59.dsl.rcsntx.swbell.net
at 64.123.190.59
Message:
June -
I suspect we will always disagree on this. I do not
think saving $36,000 over the course of a year makes
a whole lot of economic sense in a multinational corporation
the size of Harlequin. If their profit margin is that
thin, something is wrong that all the copyrights in
the world won't fix.
There have been enough copyright infringement situations
that have cropped over over time that any additional
support a registered U.S. copyright could provide could
only help; and at $30 per book, it's not a huge economic
issue. What remains is that an author was victimized
and could have had a better legal leg to stand on had
her book been copyrighted; whether authors now try
to work this into their contracts w/Harlequin that
other publishers now provide as a matter of course
is something that remains to be seen.
TTFN, LLB
Subject:Re: Re: Re: Re: Re: Re: Re: Re: Re: Copyright
registration
From: June
To: All
Date Posted: 08:54:35 02/20/02 ()
Email Address: june@diaverse.com
Entered From: bgp989173bgs.madsnh01.mi.comcast.net
at 68.41.145.73
Message:
Probably will just disagree. Which happens from time
to time.
I have to make clear here that I think it is WRONG
of the publisher. But, I tend to think that, while
everything you say is true, they are unlikely to decide
to spend the time and money to actually prosecute a
plagerism case so their $36,000 spent wouldn't gain
them much in the long run.
I DO agree that author's rights are not being considered
fully here -- but I also am not terribly surprised
by that.
--June
Subject: Re: Re: Copyright registration
From: Elizabeth Moon
To: All
Date Posted: 00:06:15 02/20/02 ()
Email Address: elizabeth.moon@sff.net
Entered From: ppp0162.killeen.n-link.com at 208.24.232.162
Message:
: The rumor is that H/S doesn't register copyrights,
but that they have the right to do so. I registered
the copyright of my first book, which was pubbed
by Zebra.
: I'm sorry for the writer who's work was stolen,
but glad this fracas has arisen...it's reminded me
that I have to register my next two books, which I
will do this week.
: It's a $30 fee, I believe, and a simple two page
form. No big deal.
It's a big deal if you have to pay $30 each for a
bunch of stories, each of which didn't make a wad to
start with...
(She mentally multiplies $30 by lotsa stories and
two pages by the same number and comes up with more
money than she planned to spend this week plus WAY
more time filling out forms than planned....)
Elizabeth, wincing but determined.
Subject:Re: Re: Re: Re: Re: Re: Re: Re: Copyright
registration
From: Elizabeth Moon
To: All
Date Posted: 00:15:10 02/20/02 ()
Email Address: elizabeth.moon@sff.net
Entered From: ppp0162.killeen.dashlink.com at 208.24.232.162
Message:
Whether it's smart or stupid...if the contract the
author signed says that the publisher will register
the copyright, and the publisher does not register
the copyright, then the publisher is at fault, legally,
for not living up to the terms of the contract. The
cost of registering the copyright is one of those predictable
costs of production, far less than the cost of paper,
binding, or an ad in just about any venue--it's the
cost of doing business, and they signed up to do it.
This, at least, is the tack I will be taking with
my (former) publisher who, I find, failed to register
three of my books...it's in the contract, so do it,
and do it yesterday.
If, on the other hand, the publisher did not contract
to register the copyright, then the publisher has no
legal obligation to do so. While it would be polite
for the publisher to point out to the author that they
are not, in fact, registering the copyright, they don't
have to do that, either, if it's not in the contract.
I cast wary eyes on my contracts, and expect my agent
to do the same.
Elizabeth
Subject:Re: Re: my 2 cents
From: Sarah
To: All
Date Posted: 12:58:20 02/20/02 ()
Email Address: sarah@hayllar.com
Entered From: 208-39-148-189.comcasttel.net at 208.39.148.189
Message:
There's a wonderful play that's been made into a movie
for PBS with Linda Lavin and Samantha Mathis that
addresses the idea of to whom a story truly belongs.
I can't recommend it more. It's called "Collected
Stories," and I don't know if it's still being
broadcast, but if you catch it, enjoy.
Return to the top of the original story, reported February 15th
Post your comments and questions to
our Potpourri Forum
Find links to the Nora Roberts/Janet Dailey copyright infringement incident
here
Read our Write Byte with Gina Wilkins about her copyright infringement experience
(AAR uses BYRON for its romance
reference needs)
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