Contest Beware: "Lovecraft Country" Short Story Contest

Posted by Victoria Strauss for Writer Beware®

HBO's buzzed-about new series Lovecraft Country has spawned a short story contest: For the Love of the Craft. 

Co-sponsored by HBO and The Root, the contest invites writers "to pick a decade or an important moment in Black American history, and weave a tale of the monsters that litter that time." There's a $5,000 prize for the winner, along with publication of their story on The Root and mentoring from writers on the show. The submission deadline is September 18.

As always, the devil is in the details. In this case, as so often with writing competitions, that's the official contest rules. (These are only accessible via Submittable, and you must have an account.) Here's the passage that concerns me:

To break the small-print legal language down:

• Just by submitting your entry, you agree to grant HBO and G/O Media, Inc. (The Root's parent company) an exclusive six-month license to your work. 
• The license is "irrevocable, worldwide, perpetual, fully-paid-up and royalty-free, sub-licensable, [and] transferable", and empowers HBO and The Root "to use, publish, distribute, copy, edit, adapt, and perform your Entry or any elements thereof...online, in print, or in any other format, for any commercial or noncommercial purposes (e.g., marketing; advertising or native advertising; promotion; editorial coverage), whether related or unrelated to the Contest."

All of this is, no doubt, intended to allow HBO and The Root to market and publicize the contest, rather than to engage in the wholesale theft of rights. Nowhere in the contest description or rules is it indicated that any entries other than the winner's will be published. On the other hand, nothing in the rules prevents The Root from publishing entrants other than the winner--or bars HBO from, for instance, turning an entry into an episode. And remember, the license is "royalty-free."

Bottom line: I don't suspect nefarious intent here, but this is a very sweeping license, and there are potential unforeseen consequences. You need to be sure you understand what you're agreeing to here, and are comfortable with all that it implies. 

• After the exclusivity period expires, all "rights, title, license, and copyright" revert back to you.

This is mentioned in The Root's contest announcement as well: "We'll retain the rights to your story for six months, after which the rights revert back to you." So while the license you've granted to your intellectual property is very expansive, it is also time-limited (note: the license does not include an explicit grant of copyright). Where publication is part of a prize, contest sponsors often require a temporary grant of rights to cover the judging period, so that entrants' works will still be fully rights-available by the time the winner or winners are chosen. That's acceptable as long as the grant expires as soon as the winner is announced (and, of course, as long as you're okay with your rights being tied up for that period of time). 

But wait--there's also this:

• "After the Exclusivity Period, you grant to Sponsor and HBO an irrevocable, worldwide, perpetual, fully-paid-up and royalty-free, sub-licensable, transferable right and license to use the Entry as described herein."

Say what? Didn't the rules just state that all your rights revert back to you once the six-month exclusivity period is up? How can the contest sponsors be claiming those exact same rights--a claim that, don't forget, is irrevocable and perpetual and applies to every single entry--at the exact same time as they're apparently relinquishing the very same claim? The one should cancel out the other. If your rights have returned to you, the sponsors shouldn't be claiming them. If the sponsors want a perpetual claim on your rights, why include reversion language at all?

I have no idea what's really going on here. It's always possible that the post-exclusivity rights claim is a careless mistake of wording: a bit of legalese that slipped past the proofreader and shouldn't have been included. Or maybe the second rights claim is meant to be non-exclusive, and that word just got left out. If there is error, I hope HBO and The Root will promptly address it (The Root also needs to take a look at its contest announcement, which encourages writers to believe their rights revert after six months.)

At the very least, though, the rules for this contest currently include a major ambiguity that raises a number of questions and could potentially have serious consequences--most concerning of which is that, per the literal wording of the rules, simply entering the contest entails a perpetual and irrevocable--and apparently exclusive, since nothing states otherwise--grant of rights to your entry, whether you win or not. 

Also worth noting: there's nothing in the rules to guarantee that publication of the winning entry will carry the winner's name, and the Dispute Resolution clause, which bars class action, also bars disputants from claiming anything other than "actual out-of-pocket expenses (i.e. costs associated with entering this Contest)".

UPDATE 9/7/20: .The Root's contest announcement states this, which is misleading, for the reasons outlined above: 

Shouldn't The Root, or its parent company, want to provide accurate information to would-be contestants? Apparently, not so much. I've left this comment on the announcement page twice, once on 9/4 and once on 9/5:

Neither comment has been approved. When I checked just now, they were both still "pending" (for comparison, several articles posted more recently than the contest announcement have numerous approved comments.) Nor has the misleading claim about rights been corrected.

Alert: Scammers Impersonating Major Publishing Houses

Posted by Victoria Strauss for Writer Beware®

A couple of weeks ago I wrote about scammers impersonating reputable literary agents. These are not isolated incidents: I have a growing file of reports and complaints about this growing phenomenon--including from writers who've lost large amounts of money.

Now publishers are being impersonated as well. Here are a couple of examples of the kind of thing I'm seeing.

Here's the pitch one author received from "Michael Smith" of "HarperCollins" (see the email address):

To pass the "1st stage of the acquisition" of their book, and move on to "an exclusive contract," the author had already been persuaded (by "agent" Arial Brown, who is as fake as this offer) to hand over more than $8,000 for a new website and YouTube video. Now, in order to proceed to the next stage, they must shell out still more cash for "Developmental Editing and Content Editing." But not to worry--all that spending is in aid of big rewards down the line:

Who wouldn't want a HUGE of money? There is, however, plenty wrong with this picture. First, HarperCollins doesn't use gmail (here is its email format). Second, it doesn't demand that authors pay for services as a pre-condition of a contract offer. Third, anyone can make a typo, but someone working for a major English-language trade publisher can reasonably be expected to write proper English--which is definitely not the case in the excerpts above. Fourth, major publishing houses, which are rigorously selective, are unlikely to consider manuscripts with multiple grammar errors and poor word use. 

Finally, the author received these payment instructions:

That's right--it's another Philippines-based publishing and marketing scam. Due to the tangled web of purported agents, web designers, and publisher representatives (as well as the author's understandable confusion), I wasn't able to determine which one. But the provenance is clear.

Here's a second HarperCollins impersonator. This one has taken more trouble to fake things up:

Editor's Press and Media is (surprise!) another Philippines-based scam (see the list in the sidebar). This is clearly a setup to enable it to soak the author for large amounts of money to re-publish and edit their book, after which the supposed offer from HarperCollins will mysteriously evaporate. 

Even if one didn't know all that, though, there's enough wrong here to ring warning bells (though many authors, dazzled by what appears to be an offer from a major publisher, will not hear them). Publishers prefer manuscripts that haven't been published before--but if they do consider taking on an already-published book, they won't demand that it be re-published so that they can then publish it a third time (this makes absolutely zero sense). Additionally, offers of publication aren't typically relayed by contract assistants, and smaller lapses (it's HarperCollins Publishers--as in the logo "Joseph" has appropriated in his signature--not HarperCollins Publisher--as in the email heading) also give the game away. Not to mention: would a staffer for HarperCollins, with its New York City address, really have a Detroit phone number? (Yes, I know that people work remotely--especially these days--but still.)

(Curious, I called the number, and got an American-accented voicemail message from "Joseph Adams with HarperCollins" inviting me to leave a message--an unusual degree of base-covering for these scams, which heavily rely on their victims not checking up on them.)

Penguin Random House is also a target for the scammers, and doubtless so are other publishers I haven't heard about yet. Bottom line: an offer from a reputable publisher should not be contingent on you spending money, plus it will most often come via a reputable literary agent who hasn't charged you any fees either. 

If it seems too good to be true, it often is.

As always, if you have questions about any offer you receive, or any service you're offered, contact Writer Beware. 

UPDATE 9/14/20: Here's another fake HarperCollins offer from Editor's Press and Media, for a different author and book. 

A New "Beware": Scammers Impersonating Reputable Literary Agents

Posted by Victoria Strauss for Writer Beware®

I've written about this new "beware" twice already (you can see those posts here and here), but it appears to be a growing problem, so I want to put out a more focused warning.

Scammers--the same Philippines-based Author Solutions copycats that I've featured numerous times in this blog (also see the long, long list in the sidebar)--are impersonating reputable literary agents and agencies in order to bamboozle writers into buying worthless "services." Here are the misused names I've documented so far; the scam companies they work for are in parentheses:

- Jennifer Jackson of the Donald Maass Literary Agency (TechBooks Media, aka Chapters Media and Distribution)

- Victoria Marini of the Irene Goodman Literary Agency (Writers Desks)

- Danielle Burby of the Nelson Literary Agency (Writers Desks)

- Nelson Literary Agency (some guy calling himself Justin Smith, Book Scout, with a fake Nelson Agency email address)

The scammers' solicitations come out of the blue. Here's what you might receive:

Or this: 

Or this: 

These approaches are followed by opportunities to spend large amounts of cash. For the Jennifer Jackson scammer, it's a "review" of your book plus "book insurance and returnability" for a total of $1,400. For the Victoria Marini scammer, the video trailer she's shilling for "promotional" purposes costs $3,000 (an amazing discount!) For the Danielle Burby scammer, it's "Submissions to Traditional Publishing Companies" by "Book Scouts" for the wallet-squeezing sum of $5,000. 

The Jennifer Jackson scammer has also recently started offering something so off the wall that it's worth another image:

I've seen a lot of egregious lies and bullshit from the Philippines-based scammers, but this one--that there is such a thing as publisher insurance and writers need to buy it in order for their work to be considered--really takes the cake. There. Is. No. Such. Thing. (This email also illustrates a growing scammer trend: attempting to capitalize on the pandemic. A number of predatory vanity publishers are doing this too.)

I shouldn't need to say that reputable literary agents don't charge fees or sell services as part of (or as a condition of) representing you. It's also very rare that a reputable literary agent will contact you out of the blue; in the publishing biz, you can never really say never, but the odds that any such contact is legitimate are extremely small. 

The poor English in the emails above should be a very large clue as well. 

Even though I've only identified four iterations of this scam so far, I don't doubt that there are others. Writers, please, PLEASE be on your guard. If it seems too good to be true, it probably is. And if you encounter a scam like this, please contact me, so I can add it to my list.

Some basic tips for protecting yourself: 

1. Proceed from a point of skepticism. As noted above, an unsolicited contact from a real, reputable agent isn't automatically suspect, but it's rare. Out-of-the-blue contacts are far more likely to be illegitimate. Caution is definitely in order. 

2. Mistrust--and verify. Google all the individuals and/or companies that are mentioned to see what information you can find (are there complaints? Have they shown up on this blog?) If someone claims to work for an agency, visit the agency's website to see if that person is mentioned--and be suspicious if they aren't. If an individual or company claims to have placed books with reputable publishers, or to have sold film or other subsidiary rights, see if you can verify the claim--and if you can't, or if there are no checkable details (such as names or book titles) attached to the claim, be wary. 

3. Use your common sense. Anyone can make an occasional typo, but professionals communicate professionally (no reputable agent would send out language-challenged emails like the ones above). Check the email address and any links--do they match the person or company claiming to be contacting you? (For the Jennifer Jackson and Victoria Marini scammers, the mismatch between their email addresses and their claimed agencies is an important clue. Unfortunately, the Justin Smith/Nelson Agency scammer is a bit savvier; the address he's using is fake, but it looks legit if you don't know otherwise.) If there's a demand for money, or if there's a service for sale, be sure it's a company that customarily charges such fees or offers such services (reputable agents generally don't).

4. Contact Writer Beware. Always a good default if you aren't sure about an individual or company. We may have heard something, or received complaints, and if we have, we'll let you know.

Finally, I want to note that, while writers are the scammers' principal targets, the agents and agencies are also victims. These scams are a form of identity theft, tying the agents' names and reputations to dishonest and predatory practices that they are then forced to disclaim. Everybody loses--except the scammer, of course. 

Hopefully, with increased awareness, we can make it more likely that the scammers will be losers, too.

UPDATE 8/20/20: Here's the payment request that "Jennifer Jackson" sends out to prospective victims:

Chapters Media and Advertising is run by the same people who run TechBooks Media (the scam company "Jennifer" is shilling for). Chapters has business registrations in several states, including Wyoming and Florida--though not in Nevada, where it purports to be located. It's registered as a "foreign LLC", and guess where officer Mark Rosario lives:

Small Press Storm Warnings: Filles Vertes Publishing

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Posted by Victoria Strauss for Writer Beware®

I first heard of Filles Vertes Publishing (FVP) in late February of last year, when I was contacted by a writer wanting to know if I'd received any complaints. I hadn't--but a look at FVP's website prompted some concerns. 

On the plus side, FVP was distributed by Small Press United, the small press arm of Independent Publishers Group: a positive indication for a small press, as it can boost the possibility of getting books into brick-and-mortar stores. Pretty covers and an attractive website produced a professional impression.

But the bio of founder and owner Myra Fiacco did not suggest an abundance of relevant publishing or writing experience (FVP has removed staff info from its Our Team page--for reasons that will become clear--but here's how it looked last year). And given that FVP had been in business for several years, I was struck by how few books it had issued: just nine, according to Amazon: three in 2017, five in 2018, and one to date in 2019, with big gaps between some of the pub dates (you don't want a small press to rush out too many books and get into logistical trouble or become an author mill, but you do want to see a more robust--and regular--publishing schedule). Oddly, at that time only seven of the nine appeared on FVP's bookstore page, and the one book with a 2019 pub date was listed on Amazon as "unavailable".

I suspected that FVP might be having some production or logistical issues. If so, I figured I'd get more questions, or hear something through the grapevine. I didn't. Meanwhile, FVP modestly upped its 2019 production to six books, and its 2020 offerings to nine (four pubbed so far, with five more scheduled for later this year).

Flash forward to July 2020. As sometimes happens with troubled small presses, long-standing problems abruptly reach critical mass and news breaks all at once. In the past few weeks, I've received multiple complaints from FVP authors and staff that suggest a seriously troubled publisher.

Both authors and staff cite royalty and other payments late by weeks or months (most of those who wrote to me told me that this was not a one- or two-time issue, but a consistent, ongoing problem); delayed or missed publication dates (some authors had their pub dates pushed back; others told me that on release day, their books were available on the FVP website but could not be ordered elsewhere); missed deadlines for cover art, editing, formatting, and proofing; poor communication (both staff and authors told me it was often difficult to get Myra Fiacco to respond to questions and concerns, and authors cited communication lapses with some staff members as well); and various contract breaches, including overshooting the publish-or-return-rights window and failing to register copyrights.

Most of FVP's staff has resigned (hence the removal of staff info from FVP's website)--something that's complicated by the fact that several FVP staff members are also FVP authors. I'm told the total number of departing staffers is nine, though I haven't independently verified that (FVP also seems to have depended heavily on unpaid interns). 

Some resigning staffers have been asked to sign multi-page non-disclosure agreements. When I asked Myra why the NDAs (see question 2 of our Q & A, below), she indicated that two staffers who were also authors had been asked to sign NDAs "as authors" (I saw one of these NDAs, and it was, in fact, specifically for the individual's employment), but they'd refused, and negotiations were in progress. Later, she told me that "[d]ue to the misstep and confusion in the contracts involving authors that were team members, both authors have been reissued new termination agreements that are author specific and have been issued updates per their resignation with the company." This appears to be true--for those two author/staffers. However, I've heard from others who did sign NDAs, either as part of their employment or as a condition of rights reversion.

Along with staff departures, a number of FVP authors have asked that their rights be returned (and with its small catalog, FVP can't afford to lose too many). Initially, some were asked to sign reversion documents that included onerous liability releases and confidentiality terms, and potentially relieved FVP of the obligation to pay any sums still due and owing at the time of termination: 

Possibly because the authors balked (and also after I sent Myra my questions), there appears to have been backtracking on these documents, with at least two authors issued more conventional reversion letters that do not include language like that above. However, one of these letters includes a demand for a substantial termination fee. And Myra shared the letters with me without asking the authors' permission to do so (I confirmed this with the authors)--which in light of her concerns about confidentiality seems fairly ironic. 

I should note that I've also heard from a couple of FVP authors who say they've had a much more positive experience. But given the number and magnitude of the complaints I've received, as well as the document demands, the apparent confusion around staff and author departures, and what feels like general disarray, it seems clear that Filles Vertes Publishing is a company in trouble. 

Publishers do survive upheaval and financial stress. But right now, if I were an FVP author I'd be feeling pretty nervous.

******

I sent a list of questions to Myra Fiacco. She has given me permission to print her responses, and I reproduce them without comment.

1. As I mentioned, I've been hearing from authors and staff who say that they've been experiencing delayed or missing payments, going back months or longer. Could you comment on this, please? How are you addressing these issues? 

Yes, this is true and unfortunate. In the wake of recent setbacks, several payments have had to be deferred. As with many small businesses, we operate with tight profit margins and a small, rotating amount of operating capital. This year has been difficult for us, as it has for many publishers during this pandemic, but we are not giving up. We understand this unfortunate change of financial events have resulted in broken contracts and broken trust 

We have taken and are continuing to take all appropriate steps to rectify each situation accordingly. Payments are being made to team members within the parameters of their contracts and with applicable interest. All royalty payments to authors have been caught up. We are terminating two contracts as requested by backlist authors as a result. Additionally, we are negotiating with forthcoming authors whose contracts we have not broken but whose faith we have compromised, especially as the editors they signed with are departing from the company. We understand one of the largest contributing factors to signing a book with a small press is the team with which the authors plans to work as it drastically affects the outcome of the book. We care deeply about each book and want what is best for each author, even if it's not with us. 

 Although making payments late is not preferred--and neither is the resulting fall out--it is preferred over shutting our doors, as many publishers have been forced to do since the pandemic. We will get through this tough time without compromising our commitment to the authors who have put and renewed their faith in us. 

2. I understand that you've been asking at least some departing staff to sign non-disclosure agreements applying retroactively to their employment with Filles Vertes. Could you comment on why you feel this is necessary?

I am happy to comment. This is not true. We have asked two members of the staff who were also signed authors to sign a non-disclosure agreement as authors. This was a part of the initial offer for negotiations to receive their publishing rights back. The goal, as communicated with each author, was to protect confidential information about the company including but not limited to processes, budgets, and terms we have worked hard to build over the last four years in business. The proposed terms did not require non-compete clauses, as we want authors to use their best judgment for their future writing careers. Both authors have refused and we are not requiring them to sign but are currently in negotiations with each author to find an agreeable solution that does not include an NDA. 

3. I've seen several recent author termination agreements that include confidentiality clauses and require the author to release the publisher from all liability. These aren't things that are typically included in publishers' rights reversion documents. Could you comment on why you feel this is necessary? 

As stated above, none of these termination agreements were final agreements, but merely starting points for negotiations with authors whose contracts were not compromised in any way. Although a request may not be typical for an industry, we don't believe there is shame in asking for additional protective measures to preserve what we have worked tirelessly to create as a company. The goal was and continues to be an amicable solution for all parties involved. 

4. I've been told that a number of Filles Vertes staff members have recently resigned. Could you confirm whether this is the case? 

Yes, we are in the midst of a significant team changeover, which is common in growing businesses. Not only has the previous few months been a time of duress for many members of the publishing community, but after several months of trying to make the team function to our highest potential, it became clear that we could not find a solution to differences, varied expectations, and vision for the company's future direction. As a result, multiple team members have chosen to take what they've learned with FVP and pursue opportunities elsewhere, which we encourage and support. 

 Each member of the team, past and present, has contributed to the company's current status; to the successes and the lessons learned. We look forward to rebuilding with a stronger, more unified team to continue serving our purpose; to produce "Fresh, Wild, and Different" books for our valued readers. 

5. What are your plans for the publisher going forward? 

Filles Vertes Publishing has continued production of our forthcoming books without any plans for delayed releases. We are building a stronger marketing and sales team and are focusing many of our efforts locally to better serve our community in the Inland Northwest. We are pruning away processes that have proven ineffective and replacing them with simpler and more powerful systems of operation that better serve our authors and negate confusion. We will continue working with authors from around the world and commit to providing world-class support, especially to those who are new to their publishing journey. Additionally, we are narrowing the genres and age groups we work with to better serve our valued readers. Although we won't reopen to submissions for a few more months as we focus on rebuilding our team, we look forward to contributing to a bright literary future for many authors. 

We have many lessons to learn from and look forward to a brighter future. We will continue to grow with sincerity and well-earned character and wish nothing but the best for our previous team members and authors.

UPDATE 8/5/20: Here's what Myra DM'd to a former FVP staffer, after they commented on Twitter about this blog post. (Note the further confirmation of FVP's practice of forcing departing staff to sign NDAs.)

UPDATE  8/14/20: Filles Vertes Publishing is closing down. Authors have received emails to this effect, and all books are listed on the website at half-price, as FVP looks to reduce inventory. 

UPDATE 8/25/20: Filles Vertes has announced its closing date: August 27, 2020.

Small Press Storm Warnings: Lethe Press, Seventh Star Press

Posted by Victoria Strauss for Writer Beware®

LETHE PRESS

Founded by Steve Berman in 2001, Lethe Press is an LGBTQ-focused independent publisher "specializing in the strange, the eerie, and the uncanny". In a publishing environment where small presses come and go like mushrooms, it has been in business for nearly two decades, and has garnered awards and starred reviews for its books.

Unfortunately, it has recently also been garnering complaints.

Writer Beware has heard from multiple individuals who cite a variety of problems at Lethe, including contract breaches in the form of unpaid royalties (for both authors and editors) and late royalty payments and statements. Contractors (such as audio narrators) have also gone unpaid. Royalty reports I've seen are seriously lacking; among other things, they fail to state sales numbers for ebooks, showing only gross income. 

Poor communication also seems to be a major problem. Nearly everyone who contacted me told me that they have had difficulty getting Berman to respond to questions and emails--or in some cases, to respond at all. Several authors told me that when audio versions of their books were released, Berman didn't let them know. More troublingly, some writers cite retaliatory actions by Berman--for instance, taking a writer's book abruptly out of print after the writer voiced concerns, or sending angry and/or belittling emails (I've seen examples). In one case, Berman posted a negative review of a writer's (non-Lethe) book years after their dispute was resolved (I don't want to out the author so I'm not linking to this, but I've confirmed that it exists).

Although the complaints are recent, the issues--particularly the problems with payment--go back years. Unlike many small presses that face a sudden eruption of complaints, it doesn't look to me as if Lethe is on the verge of failing; I think it's more a matter of long-standing issues reaching critical mass. 

When I reached out to Berman for comment, he referenced the money challenges all small presses face.

Alas, like many small presses, Lethe Press operates on a small and limited cashflow and budget. And some authors have seen unforeseen delays with royalty statements and payments. I do try and do my best to make payments as fast as possible. Should any author request the dissolving of the business relationship, I return rights and pay any and all royalties due immediately. Yes, there has been some rancor, but many of our authors will attest that we publish in good faith and try and make amends.

If there are certain individuals who feel as if I have taken advantage of them, please let them know I am willing to pay them immediately.

Lethe authors, take note. And if you do contact Berman, let me know how you fare.

SEVENTH STAR PRESS

Seventh Star Press is a speculative fiction publisher founded in 2008 by Steven Zimmer. (Zimmer also runs a number of related enterprises, including the Imaginarium Convention and Seventh Star Studios, which develops TV/film and gaming properties.)

On June 6, Seventh Star author Frank Hall posted disturbing allegations to Facebook. Among them: allegations of harassment by Zimmer, as well as royalty payment issues.

The post has attracted hundreds of comments, both from defenders of Zimmer and from individuals who say they've had experiences similar to what's described in Frank's post. Sadly, there's also a lot of victim-shaming, and some of the defenses are vicious. This may explain why, even though I and others have actively invited contact, I've heard from only a handful of Seventh Star writers (who do cite what sounds like a toxic culture). I wish it weren't so common for small presses to develop a kind of cultlike atmosphere, where anyone who steps out of line is persecuted and those who've had bad experiences are too afraid of retaliation to speak up.

In late June, Frank Hall received this, from Zimmer's lawyer. 

The cc's, which I've redacted, are to one of the individuals who shared their experience on Frank's Facebook post, and another who shared the post itself--which seems pretty random, given the number of comments on the post. None of the three have so far complied with the letter's demands.

For more coverage, see Jason Sanford's Genre Grapevine post, which discusses the recent allegations as well as criticism leveled against Zimmer for his defense of right-wing troll Tommy Robinson.

The Impersonation Game Redux

Posted by Victoria Strauss for Writer Beware®

A few months ago, I warned about a scammer impersonating agent Jennifer Jackson of the Donald Maass Literary Agency.

The fraudster in question turned out to be yet another of the Philippines-based publishing and marketing scams that I've been writing about so much over the past couple of years (see the sidebar for a full list of the nearly 100 I've discovered so far). These ripoff artists regularly pretend to be associated with reputable publishers, so it wasn't a surprise that they'd try the same sort of thing with a reputable literary agency.

It was just one instance. But these scams all use the same tactics, so if there was one, there were sure to be more.

The other day I received an email from a writer who was concerned about the legitimacy of a cold-call solicitation from someone claiming to be Victoria Marini, an agent with the Irene Goodman Literary Agency. Here's an excerpt of the email that followed.

 

Over the exchange of several emails, the writer became suspicious. Here's the response the scammer sent when the writer expressed doubts--with, you'll note, a rather interesting invitation to confirm "her" legitimacy:

The writer did indeed contact me, and this blog post is the result.

There's scam sign aplenty here, including the many typos and English-language errors (not exactly what you'd expect from an established literary agent), and the fact that the "office" number goes not to Writers Desks but to a trademark registration service (which itself doesn't look all that kosher). The supposed sample video trailer is a highly professional video from 2013--but Writers Desks didn't exist before June 2020. As for its website, clicking on the URL yields malicious website warnings.

I was pretty sure at this point that Writers Desks was the same kind of scam as the one that impersonated Jennifer Jackson. And sure enough, when I checked its domain registration:

They don't always make it that easy.

I contacted Ms. Marini to let her know.

It has come to my attention that someone is impersonating me online, likely in an attempt to scam writers. I am not associated with WritersDesk LLC, nor do I sell videos, materials, editorial work, or any other good or service. Many Thanks to @victoriastrauss

— Victoria Marini (@LitAgentMarini) July 16, 2020

I'm still puzzled as to why the scammer suggested that the writer contact me. Many of these ripoff artists are aware of my interest in them (there are even some that provide "warnings" about me in their solicitation emails); you'd think they'd want to evade my notice rather than attract it. Maybe the scammer thought the writer would just send me a question, rather than forwarding the entire email chain. Of course, even without the emails, if someone told me that a reputable agent was cold calling random writers to shill video trailers, I'd be pretty sure something fishy was going on.

Some tips for seeing through scams like this:

1. Proceed from a point of skepticism. An unsolicited contact from a real, reputable agent or publisher isn't automatically suspect, but it's rare. Out-of-the-blue contacts are far more likely to be illegitimate. Caution is definitely in order.

2. Mistrust--and verify. Google all the individuals and/or companies that are mentioned (are there complaints? Have they shown up on this blog?) If someone claims to have worked for a major publisher or agency, or a company claims to have placed books with reputable publishers or to have sold film or other subsidiary rights, see if you can verify the claim. If you can't, or if there are no checkable details (such as names or book titles) attached to the claim, be wary. Especially be wary if, as in this case, you can find nothing to connect the person who is supposedly contacting you with the company they claim to be contacting you from. 

3. Use your common sense. Anyone can make an occasional typo, but professionals communicate professionally (no reputable agent would send out language-challenged emails like the ones above). Check the email address and any links--do they match the person or company claiming to be contacting you? (You'd expect Ms. Marini to have an Irene Goodman Literary Agency email address--as indeed she does.) If there's a demand for money, or if there's a service for sale, be sure it's a company that customarily charges such fees or offers such services (reputable agents and publishers generally don't).

4. Contact Writer Beware. Always a good default if you aren't sure about an individual or company. We may have heard something, or received complaints, and if we have, we'll let you know.

NOTE: Writers Desks LLC is not to be confused with Writer's Desk, a company that provides English-language tutoring and classes for Chinese students.

UPDATE 7/20/20: Looks like the Nelson Literary Agency is also being targeted by the scammers. I'm trying to get more details.

It has come to my attention that there is someone out there impersonating me on the phone and calling hopeful authors to offer them "contracts." I'm trying to get to the bottom of this so please let me know if you have any info. I am so sorry to anyone who has experienced this.

— Danielle Burby (@DanielleBurby) July 20, 2020

Agencies in Turmoil: Red Sofa Literary Threatens Legal Action, Mass Firings At Corvisiero Literary Agency

Posted by Victoria Strauss for Writer Beware®

On May 30, following blowback she received for her tweeted responses to the protests in her hometown of St. Paul, MN, Dawn Frederick of Red Sofa Literary posted a note of apology on the agency's website.

Between then and now, Frederick seems to have changed her mind--at least, about her critics.

Today, three of the people who responded critically on social media to Frederick's tweets--agents Beth Phelan and Kelly Van Sant and author Isabel Sterling--received a letter from Frederick's lawyers threatening legal action unless they remove and retract their responses, which the lawyers allege are "false, harm [Frederick's] reputation and are defamatory".

here is the letter that i received via email... pic.twitter.com/npDb7q12gC

— beth phelan (@beth_phelan) June 11, 2020

Phelan, Van Sant, and Sterling are refusing to comply. In an open letter to Frederick, they detail why they believe Frederick's threatened defamation action is without merit, and also why they are taking the matter public.

We are making this public because the book industry still lacks the necessary transparency to fully see and address the many faults in our whole institution. We want to push back against these intimidation tactics so that we can help foster an environment where we can speak our truth about racist practices and other insidiously problematic behaviors without fear of retribution. We need to continue to call these things out. And we need to see people accept responsibility and engage in actual growth, not pandering.

We ask for the community’s support in breaking this cycle of silence. This is not just about one agent, one threat, one voice, but about delegitimizing threats of lawsuits as tools of silencing overall.

Apparently Phelan, Van Sant, and Sterling aren't the only ones who have heard from Frederick's lawyers. Author Foz Meadows, who last week wrote a long blog post about her experience with Red Sofa, reports getting a letter too, though possibly in error:

I received one of these, too - with my name on it, but also an incorrect name, the wrong address, and with a quote of something I never said. It was then "recalled" by Dawn's lawyers. Will I be sent an updated one? Who knows! Either way, I stand with Beth, Kelly and Isabel. https://t.co/CwV9wqZeLV

— Foz Meadows (@fozmeadows) June 11, 2020

Phelan, Van Sant, and Sterling have launched a defense fund to help pay for potential legal expenses. 

Tweets about the protest from Marisa Corvisiero of Corvisiero Literary Agency also generated controversy last week, prompting two of her agents to resign.

Yesterday I made the difficult decision to leave Corvisiero Litereary Agency, while others have made the same decision, others were systematically let go today. While my heart is hurting, there is a bigger truth that we all have to stand behind.

— Amy Giuffrida IS OPEN TO QUERIES❤️ (@kissedbyink) June 4, 2020

Today I made the very difficult but necessary decision to leave Corvisiero Agency. To my colleagues, I wish you the very best in the future & know the industry will be better with your voices in it. To my clients, we will forge ahead. The best, I truly believe, is yet to come.

— Saritza’s Closed to Queries (@epubagent) June 4, 2020

That same day, Corvisiero made the abrupt decision to fire her entire remaining staff--claiming, basically, that it was for their own protection: 

 

Some of the former employees have issued a joint statement, apologizing to clients and alleging longstanding problems within the agency. 

 
If you're a Corvisiero client with unsold work who has been orphaned by the firings, you can add your name and manuscript(s) to this directory, which "is meant for literary agents and editors to help ease the blow and economic hardship this has placed on these writers by finding them home for new work."

Four Major Publishers Sue the Internet Archive Over Unauthorized Book Scanning

Posted by Victoria Strauss for Writer Beware®

This past March, I wrote about the Internet Archive's National Emergency Library--a spinoff from the IA's massive Open Library project, which makes scanned print books available to the public for free in various digital formats.

While many of these books are in the public domain, many are not: they are in-copyright and commercially available, and have been scanned and uploaded without authors' or publishers' permission, violating copyright law and potentially interfering with authors' income. To create the National Emergency Library, the IA has used the figleaf of the coronavirus pandemic as justification to remove even the minimal restrictions on borrowing that governed the Open Library--abandoning one of the key provisions of the legal theory that it and others created to justify what amounts to massive copyright violation.

Though controversy erupted over the Open Library a few years ago, with the IA's actions condemned by authors, publishers, and authors' groups, and many authors contacting the IA to have their books removed, no legal action followed. Given the outcome of the Authors' Guild's long legal fight against Google's book scanning project, I'm guessing it might never have done, had the IA not thrown down the gauntlet of the National Emergency Library. Now, four publishers have called the IA's bluff.

This morning, Hachette, HarperCollins, John Wiley & Sons, and Penguin Random House filed suit against the Internet Archive in the United States District Court for the Southern District of New York, alleging "systematic mass scanning and distribution of literary works." The suit asks the court to declare that the Open Library constitutes "willful copyright infringement", to enjoin the IA from further infringing activities relating to the plaintiffs, and impose payment of statutory damages.

From the Association of American Publishers' press release on the lawsuit:

From Publishers Lunch (which also points out that the IA sells its book scanning and digitization capabilities commerically, generating millions in revenue):

The full complaint can be seen here. The list of titles cited in the complaint gives a taste of the breadth of  the IA's copyright violation.

UPDATE 6/11/20: The Internet Archive has announced that it will be shuttering the National Emergency Library two weeks early, on June 16, and "returning to traditional controlled digital lending." 

It claims to be doing so because "the vast majority of people use digitized books on the Internet Archive for a very short time", and also because "four commercial publishers chose to sue Internet Archive during a global pandemic". Many people suspect that a lawsuit was exactly what the IA wanted, in hopes of getting legal rulings that will validate its disputed Controlled Digital Lending theory.

Evaluating Publishing Contracts: Six Ways You May Be Sabotaging Yourself

Posted by Victoria Strauss for Writer Beware®

(A version of this post was originally published in 2014.)

Several years ago, a now-defunct literary magazine called The Toast gained notoriety by demanding that its writers surrender copyright. In the widespread discussion that followed exposure of this author-unfriendly policy, I was struck by the number of comments from writers who seemed to think that a bad contract clause was not so very awful if (pick one) the publication was great; the people who run it were great; the bad contract clause was not always enforced. (See especially the comments thread on The Toast's still-surviving post about the controversy.)

That's all very well. But this kind of thinking is exactly how writers get screwed: by making assumptions about a publisher's intentions, by letting their emotions overrule their business sense, and by forgetting that, in the author-publisher relationship, the publishing contract is the bottom line.

These issues are as relevant now as they were years ago, if not more so (see, for instance, the ChiZine scandal, where authors accepted all kinds of abuse, including questionable contract language, because of the publisher's then-stellar reputation). I hear all the time from writers who've been offered seriously problematic contracts and are using various rationalizations to convince themselves (sometimes at the publisher's urging) that bad language or bad terms are not actually so bad, or are unlikely ever to apply.

Here are my suggestions for changing these damaging ways of thinking.

• Don't assume that every single word of your contract won't apply to you at some point. You may think "Oh, that will never happen" (for instance, the publisher's right to refuse to publish your manuscript if it thinks that changes in the market may reduce your sales, or its right to terminate the contract if it believes you've violated a non-disparagement clause). Or the publisher may tell you "We never actually do that" (for instance, edit at will without consulting you, or impose a termination fee). But if your contract says it can happen, it may well happen...and if it does happen, can you live with it? That's the question you need to ask yourself when evaluating a contract.
 
• Don't mistake "nice" or "responsive" or "professional" or even "crazy about my work" for "author-friendly." Remember, the lovely, enthusiastic editors you deal with when you submit your work probably didn't create the contract (they may not even be fully aware of its provisions). It's a sad truth of the industry that outwardly wonderful publishers can have shitty contracts. Don't let your warm fuzzy feelings push aside your business sense.
 
• Don't make assumptions about what contract language means. If you don't understand the meaning of a clause, or aren't sure about its implications, don't guess. Get advice from someone qualified to provide it. (Writer Beware will gladly provide experience-based--not legal, we are not lawyers--contract commentary. Email us.)
 
• Don't rely on your publisher's assurance that objectionable contract language won't be enforced. Your publisher may be telling the truth--at least, up to the point that they give you the assurance. But even if they aren't just trying to get you to shut up and sign, circumstances may alter (what if management changes? What if the publisher sells itself?) and internal policies may shift. Oral or written promises that contradict contract language offer you absolutely no protection or guarantees (especially if your contract contains an entire agreement clause, which specifically invalidates any prior promises or representations). Never forget that by signing a contract, you are giving your publisher the full legal right to enforce it.
 
• Don't accept your publisher's claim that contract language means something different from what you think it means. This is a response you may receive if you attempt to negotiate changes, or bring a troublesome clause to your publisher's attention. Your publisher may be correct: the misinterpretation may be yours. But your publisher may also be unscrupulous or ignorant (many small presses don't properly understand their own contract language). If your publisher's explanation doesn't sound right, don't just take their word for it. Get a second opinion.
 
• Don't let your publisher convince you that asking questions is a bad thing. Dodgy or incompetent publishers don't like pro-active authors, and may try to blow them off by claiming that asking questions is unprofessional, or ungrateful, or something similarly bogus. But asking questions is your right. Walk away from a publisher that discourages you from exercising it.

No contract is perfect. You should always be able to do at least some negotiation. But even under the most favorable circumstances, you'll probably be giving something up. You may even decide to swallow an objectionable clause because of a great opportunity (I don't know of any writer, including me, who hasn't made this decision on occasion). If you do decide to sign a contract with unfavorable language, though, do so in full understanding of the possible consequences. Not in ignorance, or assumption, or fear of annoying the publisher by being too inquisitive.

I'll close with an excellent tweet from author and editor Jane Friedman (if you aren't following her, you should be):

Remember: contracts aren’t there for when times are good & everyone is well-intentioned. They need to work for you when things go to hell.
— Jane Friedman (@JaneFriedman) December 18, 2014

Words to live by.

Contest Scam Alert: Legaia Books Online Book Competition

Posted by Victoria Strauss for Writer Beware®

When is a literary contest not a literary contest?

When its purpose is to make money for the contest sponsor. Alternatively: when its purpose is to assemble a list of likely customers.

Take the online book competition (or book literary contest, or books competition--it doesn't seem to have an actual name) recently announced by Legaia Books, a publishing and marketing scam I've featured on this blog. Here's one of the solicitation emails that are going out:

Sound tempting? Here are all the reasons to kick this "contest" to the curb.

1. Legaia is a scam. This company--which claims a North Carolina address but really operates out of the Philippines--exists to rip off authors. That's really all the reason you need to give this contest a miss...but let's move on.

2. It's a scam within a scam. Legaia's contest has all the elements of a profiteering awards program--a different kind of scam, whose template Legaia is borrowing as a way to make some quick bucks and boost its customer list. Here are the markers:

• Solicitation. See the email above.
• A fat entry fee. You have to dig into the contest guidelines to find this: $40 for entries now, $70 for entries after May 11.
• Policies designed to maximize entries. Most profiteering awards programs offer dozens or scores of entry categories, in order to attract the largest number of entrants and thus the biggest pot of entry fees. Legaia's contest doesn't have categories--but it's "open to all aspiring and established authors", which, combined with what is doubtless a sizeable email solicitation campaign (Legaia is a prolific spammer), is basically the same thing.
• Mystery judging. The prestige of a literary competition is tied, in part, to the reputability of its judges. If the judges' identities aren't revealed, you have no way to know whether they have any credits or experience that would qualify them to be judges. They could be just the contest sponsor's own staff--or no one at all. Legaia's guidelines include multiple mentions of "judges" but, in true scam contest style, no names.
• Opportunities to spend more money. This is where entrants' email addresses--which are required for entry--come in handy; non-winners will almost certainly be solicited to buy Legaia's publishing packages and other services. (Contest guidelines also invite entrants without a book cover to "call us for a professional book cover.")
• Worthless prizes. Profiteering contest sponsors avoid cutting into entry fee income by offering "prizes" that cost them little or nothing to provide. Legaia is no exception. Given that its services are overpriced and substandard, a "Free Book Publication Coupon" is more like a lump of coal than a Christmas present. The "Seal Awards" aren't actual seals--just digital images. Winners are promised a "pitch program" that will expose them to "literary offices and film productions"--despite the fact that Legaia can't cite a single "literary office" or film studio that has ever picked up a book thanks to its (likely nonexistent) efforts. As for the "Marketing Platform worth $15,000"...Legaia offers only junk marketing ("marketing" that's cheap to provide, can be sold for giant markups, and is not effective for book promotion), so the actual worth is closer to zero. 

3. You have to work. In addition to submitting "your (a) manuscript, (b) synopsis, (c) book cover (front and full)" the contest guidelines indicate that there will be a public voting phase (see #7 and #8), which means you will have to bug your friends and family and annoy your social media followers with multiple vote-grubbing posts and announcements. Additionally, you must create a "pitch to the judges" which is "one of the criteria in the second phase of the contest as indicated in Rule 8". You have the option of making a video or using Legaia's "Free Pitch Template," whatever that is; the guidelines offer no guidance on length, content, or anything else.

4. Nobody has heard of it. The supposed benefits of a contest win or placement are often touted by sketchy contests or awards as one of the benefits of entering (not to mention a justification of a big entry fee). You'll be able to tag your book as an "award-winning book" and yourself as an "award-winning author". It'll impress agents and editors! It'll bring visibility to your work! It'll increase sales!

Most contests, however, don't have the prestige or name recognition to accomplish any of that. Agents and editors are well aware of how many dodgy contests are out there competing for writers' money; "I won Grand Prize in this contest you never heard of!" is unlikely to impress them. As for readers and book buyers, how much they care about award and contest wins is an open question--especially, again, where they've never heard of the award or contest. Is it worth $40 (or $70) to you to test that question?

5. A serious lack of literacy. Both the email solicitation reproduced above and the contest pages on the Legaia website are littered with grammatical and other errors (like its many brethren--see the sidebar--Legaia is based overseas). This really shouldn't need saying, but the sponsors of an English-language contest for English-language books should be able to demonstrate a good command of English.

Any one of these factors should be enough to at least cause you to give this contest the side-eye. Taken all together, they add up to a giant, screaming red flag.

My own feeling about literary contests is that they are mostly a waste of time (even if not of money). Scams and exploitation abound in this space (if you're a regular reader of this blog, you know how many posts I write about problem contests). Even where the contest is legit and doesn't have "gotchas" in its guidelines, those that can genuinely benefit your writing resume are a tiny minority. Again in my opinion, writers' time is better spent on publishing or submitting for publication.

That said...if you still are attracted by contests, there are resources on the Contests and Awards page of Writer Beware to help you research ones that won't rip you off. Also be sure to use the search box in the sidebar to search this blog for any contests I may have written about, and feel free to email me with questions.