Writers Beware of the Legal Pitfalls

Unfortunately we live in a very litigious society, which is why it’s important to be made aware of the legal pitfalls. This series will give you a heads up on what to watch for and can also provide an understanding as to why publishers may have certain provisions in their contracts or take a stance with respect to some aspects of the work, for example, whether an author wants to use real places and historical figures.

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The Contract
General Resource

Please note, Writers Beware of the Legal Pitfalls is a series that is intended to be used as a general resource only and is NOT legal advice. You CANNOT rely on it as a substitute for legal counsel from your attorney.

Who Can File A Lawsuit?
writing, publishing, books, business, time management, writing tips, tips, legal issues, GDPR, trademark, copyright, business law, inspiration, encouragement, writing resource, litigation, litigious society, frivolous lawsuits
Litigious Society

First of all, anyone can file a lawsuit about anything. Once filed, the defendant has to defend him or herself which can get quite expensive. Although frivolous lawsuits are supposed to be dismissed, that is not necessarily the case.

I’d like to open with a few examples of lawsuits that thankfully were dismissed just to give you some perspective.

 

Off the Wall

A convicted serial killer sued an author for $60 million. Even though the felon was found guilty and waited on death row, he claimed innocence in the 16 murders. His claim was based on the writer’s characterization of him as a serial killer, which he believed was misleading, false, and “defamed his good name.” He also claimed that he would be “shunned by society and unable to find decent employment” once he was able to return to life outside jail. Needless to say, the judge threw out the case in just 46 seconds, but it still cost the writer’s publisher $30,000 in legal fees.

Silence
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Music

Can you be sued for silence? Mike Batt, a musician, was sued for plagiarism after including on his album a silent song. Yes, silence. There were no vocals or music. The late John Cage’s publishers sued this musician for silence claiming it “ripped off Cage’s” album which contained no vocals or music. We don’t know what the outcome is of copyrighting silence because Batt agreed to a six-figure out of court settlement.

The Sleeping Student

When a teacher slammed her palm on the desk of a sleeping student in an effort to wake him up, she was hit with a law suit. Yes, he claimed she damaged his hearing. Really??

Batman
writing, publishing, books, business, time management, writing tips, tips, legal issues, GDPR, trademark, copyright, business law, inspiration, encouragement, writing resource, litigation, litigious society, frivolous lawsuits
Batman

I am not sure how many of you are Batman fans, but did you know there is a city in Turkey with the name Batman? The mayor sued Warner Brothers as well as Christopher Nolan, the Dark Knight director, for using the name Batman without their permission. Did they just realize the existence of this superhero after 70 years or did they want to take advantage of the movie’s billion-dollar income? It’s up to you.

Suing Yourself?

Nothing ceases to amaze me. An inmate sued himself in Chesapeake, VA. He was arrested for breaking & entering as well as grand larceny. He was upset with himself so he decided to sue himself for $5 million dollars for a civil rights offense — his own religious beliefs were violated by himself. Because he didn’t have the $5 million to pay himself, he requested that the state pay. Needless to say, his suit fortunately was thrown out.

There are many more off the wall lawsuits, but the fact is, they are a reality we need to be made aware of. Next month we’ll take a look at copyright basics.

What off the wall lawsuits have you heard of?

(C) 2018 Karen Van Den Heuvel Fischer

Writing – A Multifaceted Business

If writing that book and getting it published were only that easy … . If it was just a matter of putting pen to paper (or fingers to keys) …, but it’s not. In today’s fast-paced technological society, writing is a multifaceted business.

Thyme for Writers

Since writing is a long, difficult, and solitary road for the most part,

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The Author Toolbox

Thyme for Writers is meant to lighten your load for each facet of writing. It’s purpose is to be:

  • a source of inspiration to writers and readers alike with words of encouragement and uplifting stories that bring a smile to your face; and
  • a go-to resource with helpful hints, tools, and knowledge.
Technology

To help you through the technology behind it all, Candee Fick shared her Author Toolbox. A tool everyone should have on their “shelf.” If you haven’t checked it out yet, it may be “thyme.”

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The Write Spice: Writing Tips for Flavorful Words
by Kathryn Ross
Writing Tips

Kathryn Ross is back with her monthly, The Write Spice – Writing Tips for Flavorful Words. If you haven’t seen her posts yet, wait no further. Each article is just a click away:

When Cinnamon Bark Editors Bite

The Clove Principle: Puncture Your Writing with Warmth

Peppermint Bits — Words Spun, Broken and Sweet

Lemon Oil – Clearing Out for a Clean Start

Chocolate: Are You A Cacao or Cocoa Writer?

Preparing Your Writer’s Garden to Grow: 6 Steps to a Fruitful Manuscript

Balancing Written Words to Taste for Flavorful Influence

Sage Advice When There’s No Thyme to Write

Time Management
Amanda Cabot, time, writing, books, publishing
Time Management

One of the largest stumbling blocks for most people, especially writers, is time management. I am excited to have Amanda Cabot as a monthly guest, the fourth Thursday of each month for her series on time management. She not only teaches workshops on this subject, but her life is a reflection of how well it works as a multi-published author who juggled a sixty-hour a week job with nonnegotiable deadlines while building a house long-distance at the same time that she wrote two books a year.

Legal Pitfalls
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Writers Beware of the Legal Pitfalls

As a writer, reader, or someone who may have your own website, you are probably following some of the legal issues that hit the news lately — GDPR compliance and trademark issues to name just a couple. To provide some insight on what may be lurking, I will start a monthly series the third Thursday of the month as an educational resource — Writers Beware of the Legal Pitfalls. As with the workshops and university Business Law courses I teach, this series is meant for educational purposes as a general resource ONLY and NOT to provide legal advice. For any legal issues you may have, you will need to speak to your attorney.

I’ll continue to feature other guests on Thyme for Writers… . I hope you enjoy what’s to come!

Is there a particular topic you’d find helpful?

(C) 2018 Karen Van Den Heuvel Fischer

So Little Time to Conquer This Mountain with Candee Fick

writers, authors, resources, toolbox, encouragement, fun, romantic suspense, journey, writer’s journey, adventure, tips, direction, research, joy, funny, inspiration, thyme, time
Candee Fick author of The Author Toolbox

I am so happy to have Candee Fick as my guest today on Thyme for Writers! Candee Fick is a multi-published author in both fiction and non-fiction. She is also the wife of a high school football coach and the mother of three children, including a daughter with a rare genetic syndrome. When not busy with her day job or writing, she can be found cheering on the home team at sporting events, exploring the great Colorado outdoors, indulging in dark chocolate, and savoring happily-ever-after endings through a good book.

So Little Time to Conquer This Mountain

by Candee Fick

Most writers fall into the “I wish I had more time to write” camp while those lucky few who seem to have plenty of writing time are still members of the “My To-Do list never ends” club. The pursuit of publication or a writing career can seem as daunting and exhausting as scaling Everest, but every year thousands put their fingers on a keyboard…only to discover—or rather remember—that everyone has the same limited amount of time in which to get it all done.

And by all, I mean life. Take me for example. As a wife and mother, my days get filled with cleaning, cooking, laundry, homework, carpools, and sports. Relationships with family and friends require regular interactions and if I’m not taking care of myself with enough rest, exercise, and mental growth, I can fall apart quickly. Add in a day job and my calendar is stuffed to overflowing.

Except I’m also a writer with a coaching business. I dream up adventures and arrange words on a page in order to bring characters and settings to life. Once those polished stories are in the capable hands of my publisher, I do it all again. It might be easy to squeeze in an hour or two per day before the kids get up or in lieu of television in the evenings, but crafting stories is only one side of this mountain.

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So Little Time to Conquer This Mountain

The other side of writing’s Everest is marketing. It’s the side that beginning writers don’t see in the excitement of starting a book, but soon the rumors swirl as old-timers drop words like social media, platform, website, tax deductions, book launches, and blog tours. The faint of heart stick their fingers in their ears, yell “Lalalalala,” and revise their first chapters again or jump from idea to idea, never finishing anything. Those who are serious about writing perk up and listen for tips about how to navigate the trail ahead.

The Author Toolbox

There are two main reasons that I wrote The Author Toolbox. First was to share what I’ve learned the hard way so newer authors can work smarter as they build their books, platforms, businesses, and careers. But mostly, I wrote it all down in order to give writers hope. It’s a long climb, but there is a way to get there and you are not alone in the journey.

If you know what the next steps of your personal journey involve, then you can deliberately and strategically focus your limited time on the activities that will move you closer to your goals. Your writing goal this week might be hitting a first draft word count or editing another chapter. You might even block out an hour to pre-schedule the week’s social media posts or organize office paperwork.

We have so little time available to conquer the mountains in our lives, but my hope is that you find your next steps…then take them. Because the view from the top is worth every moment of work.

You may reach Candee or obtain her works at the following links:

www.CandeeFick.com
www.TheAuthorToolbox.com (shortcuts to a page on my site with the index of blog posts)
www.Facebook.com/Author.Candee.Fick
www.Twitter.com/CandeeFick
All of my books: https://www.amazon.com/Candee-Fick/e/B0056B94VE/
The Author Toolbox: https://www.amazon.com/Author-Toolbox-Practical-Platform-Business/dp/099920100X/

The Author Toolbox is filled with over 100 practical tools to help today’s author build a book, a platform, a business, and a career. Why? So we can get it all done while freeing up both time and mental energy to do the one thing we really desire…write.

Thyme for Writers

Thyme for Writers is a new blog series for writers and book lovers. As many of you know, my website focuses on adding spice to your life, whether it be with nutrition and health tips, delicious recipes, or through Hidden Bloodlines, my romantic suspense novel and associated adventures in creating it and its sequel.

writers, authors, resources, toolbox, encouragement, fun, romantic suspense, journey, writer’s journey, adventure, tips, direction, research, joy, funny, inspiration, thyme, time
Thyme for Writers
Adding Spice to Your

Most of us are writers in one form or another (whether by choice or necessity). The purpose of this series is to help you along the way with

  • tips,
  • direction,
  • encouragement,
  • inspiration,
  • the research and adventure behind some of your favorite works, or
  • just something interesting and fun to bring a smile to your face.

While I may be authoring some, my goal is to invite fascinating guests with different life experiences and areas of expertise.

The Author Toolbox
writers, authors, resources, toolbox, encouragement, fun, romantic suspense, journey, writer’s journey, adventure, tips, direction, research, joy, funny, inspiration, thyme, time
The Author Toolbox

My first guest will be Candee Fick, author of The Author Toolbox. She is the reason I am able to create and maintain my own website. As a genuine techno-idiot, I volunteered to be Candee’s beta test project. Our goal was to determine if it’s possible for someone like me to gain the skills necessary to build a website and how long it would take. Needless to say, Candee is a miracle worker. In fairly short order, I learned the skills necessary and have continued merrily on my way.

Candee is an incredible writer and teacher and painstakingly created a blog series meant to help writers in all stages get their work created and a website begun. She compiled and added to this series in The Author Toolbox. Keep in mind, the tools provided and skills taught aren’t just for writers of books. Many pursue different artistic careers and businesses, but in today’s business environment, websites and social media dominate the marketplace if you want to succeed. The days of the telephone book are over. The reality is that websites and social media require writing.

Where to Start
writers, authors, resources, toolbox, encouragement, fun, romantic suspense, journey, writer’s journey, adventure, tips, direction, research, joy, funny, inspiration, thyme, time
Candee Fick
author of
The Author Toolbox

There are thousands of writing guides and resources out there, but where should one begin? I have personally found that The Author Toolbox is the best first stop. Candee not only provides “how to…” information, but makes recommendations on easy to use resources to make life easier. On September 7 I am excited to have Candee Fick as my first guest on Thyme for Writers. Stay tuned… .

If you have something to share and you’d like to be a guest, please email me at karen@KarenVanDenHeuvel.com.