Filed under: Reviews
Dear Ms. Laurie:
I understand that you have had a lawyer send out a cease and desist and takedown letter to a romance blogger based on two things. First, you argue that the comments that the blogger excerpted from your own website (which you subsequently deleted but Google preserved for all time) are somehow unacceptable infringement.
In this posting you excerpt from a website that is copyright protected, thus violating federal copyright law. There is and has been an existing disclaimer on Ms. Laurie’s website, (www.victorialaurie.com), which states that; “No part of this website may be directly copied or duplicated and all of the content herein is copyright protected.” These quotes you have posted to your blog should be immediately removed or Ms. Laurie will be forced to take appropriate action.
I’m sure your lawyer explained to you the concept of “fair use” and you simply choose to ignore such advice and told the lawyer to go ahead and make the accusation of infringement. Fair use, as your lawyer must know since she references federal copyright law, allows for copyrighted content to be used without permission according to Section 107 of the U.S. Copyright Act. Acceptable uses are “criticism, comment, news reporting, teaching, scholarship, and research.” NovelReads is a blogger who used your own words for criticism, comment and possibly even teaching. Further NovelReads’ use of your words does not impair the marketability of your original work. I am sure that you could find a publisher for your work, perhaps in a volume of “The Dummies Guide to Internet Behavior By Authors: What Not to Do.”
Second, your attorney asserted
In addition to the above violation of law, on Tuesday, August 12, you contacted the voice mail of someone you thought to be Ms. Laurie’s editor at Penguin Group USA and left a voice mail claiming that you were “deeply disturbed” by a blog posting and requesting a comment (a copy of which we have in our possession). Please consider this letter a cease and desist letter. While you are free to express your opinion under the First Amendment, taking impulsive and inappropriate action with the attempt to interfere with a contractual relationship is unacceptable…
I’m surprised that you find it objectionable for a reader to call your editor to ask whether it is in fact true that your editor condones you harassing and vilifying readers for your own entertainment and engaging in possibly tortious and defamatory actions and that same editor encourages other authors to do the same. I think I’ll call your editor myself to ask since that self same reader did not get a response yet to see if the “editor thinks this concept of mine is hilarious and she’s going to suggest the idea to her other authors who are fed up with being targets for the mentally deranged.” I’m not sure what violation impulsivity falls under but I do recognize the claim that you are making in regards to the existing contractual relationship.
There are two such business torts that exist: Tortious interference with an existing business relationship and tortious interference with prospective business relationships. The problem here is proving these claims because I have yet to see where a single phone call to inform an editor of conduct that the editor already knows of is tortious interference in any way. Further, I am pretty sure we customers can call and complain about a company’s product without being accused of tortious misconduct. Of course, your lawyer is free to write me and tell me where I am wrong.
Your lawyer also knows that by writing threatening letters that do not have a reasonable basis in law or fact can open her up to an ethics complaint. For example, according to the Texas Center for Legal Ethics and Professionalism, a lawyer promises that she ” will advise my client that we will not pursue conduct which is intended primarily to harass or drain the financial resources of the opposing party.”
I find it odd that I have engaged in the same objectionable conduct and I have not received a letter from your or your lawyer. Is is because you don’t think I would take you seriously? Or is because someone told you I know what the law is and I am not afraid to use it to defend myself? Instead, you harass someone else in hopes that the person will be so intimidated and that you won’t be found out?
In any event, thanks for having the letter sent. It provided me with a great source of amusement. Unfortunately, the blogger in question was not amused. No, she was scared. I completely understand if the blogger chooses to take content down or change existing content because she doesn’t want to be harassed by you and your lawyer. That was exactly the point of the letter, though, wasnt it? To harass and strike fear into the heart of the blogger?
I do wonder about your psychic abilities. They just don’t seem to be steering you in the right direction these days.
Dear Jane
Marry me?
Much love,
A
More seriously:
She asked her lawyer to tell a third party not to contact another third party (and isn’t that what journalists do all the time?) And the lawyer agreed to do that? Folks, have we an actual sighting of that mythical creature, the internets lawyer?
No, I saw the letter. It looks like a real lawyer. I think sometimes people do things for friends. I also think that there are alot of lawyers who send cease and desist letters hoping that the letter will get non lawyer people to back off. And it works alot of the time.
This post is just further proof that Jane is made of awesome.
Okay, so Laurie brags on her blog about how her editor thinks that Laurie’s plan to incorporate a reader into her next book in a totally vicious way is heelarious, and that’s okay, but it’s not okay for a blogger to find out if said story is true from one of the supposed sources?
This sounds like a play right out of the DAM handbook.
Wow.
How much lower can a person stoop?
Brava, Jane!!! You, though you could not see it, received a standing ovation from me!
You Go Girl!!
You Rock…if there is a reply will it be posted as well?
Michael
*sigh* Reading about her mishaps makes me really want to stop reading blogs by authors in case they do something stupid like this. I know this sounds bad and I’ll still read author blogs, but when something like this happens to an author you liked…it makes it really hard to separate the author and their books.
I hope this makes sense, it’s sleepy time for me but I needed to comment.
LOLs!! I’m waiting with bated breath for another cease and desist letter from the lawyer. This time addressed to Jane. :)
So impressed! Good for you for standing up for this blogger!
Will never happen. That lawyer might have a shaky grip on ethics, but I don’t know any that don’t have a very firm grip on self-preservation. :)
Thanks Jane for blogging about this! I’ll admit I’m still just a tad on the scared side, but knowing I have a phone conference set up for tomorrow with an attorney in my state has helped calm my nerves.
For now the post stays up, I did update it to include Laurie’s name. I was trying to be nice and not mention her name. Serves me right I guess. We all know what they say about nice guys :)
Oh, my God. Victoria Laurie is never going to be able to recover from this: talk about shooting one’s career in the foot. ChariDee, I’m sorry that you got harassed by her. And thank you, Jane, for putting all this pseudo-lawyering into perspective for us.
Thanks Jane! You prove that there are ethical lawyers out there…….I mean you of course, not the Laurie lawyer.
I don’t know if the lawyer is unethicalbut perhaps overzealous in her defense of a friend. And I don’t necessarily agree that the lawyering was bad. It just isn’t something I think is correct. These cease and desist letters are bandied about with little aforethought.
In any even, I might receive a letter. It is easy enough to send letters. The hard thing to do is actually prosecute the claim.
I have never read one of Victoria Laurie’s books. Now that I’ve read about her reaction to ChariDee’s blog entry, I will never buy one of her books. (Of course had I read her original blog entry and learned about that juvenile reaction to reader’s criticisms I would have struck her from my buy list.) It just infuriates me to see someone threatened by a lawyer’s baseless cease and desist letter. I’d be tempted to file an ethics complaint with the Texas Bar (since it sounds like we’re talking about a Texas lawyer). Helping a friend out is no excuse for taking such action. ChariDee: Hang in there!
Wowsers! Handily written Jane.
Do y’all think this is some sort of publicity stunt? I mean seriously were I this woman’s publisher, I’d be muzzling her and deactivating her blog until I made sure that she could rise to the occaision rather than stoop to it.
Since I fear negative criticism, I’ll likely never try to have anything real published. I can’t stand the heat, so I stay out of the kitchen. I do admire, generally, most published writers as they manage to pull off the impossible when, after much rejection, a book of theirs appears in print.
Good luck ChariDee.
1. I want to know who Victoria Laurie’s editor is so I can avoid her like the plague. I wouldn’t want an editor who approves of this behavior.
2. Who’s mentally deranged exactly? Cause there’s only one person on my radar right now who fulfills that quality. Three guesses who it is. And the first two don’t count.
3. Jane, that was awesome.
(4. I’m so glad that the fantasy genre isn’t the only one with its share of nutters. Laurie and DAM can officially join the Terry Goodkind Asshattery Hall of Shame.)
reading about this whole mess just makes my head asplode! I mean, what is this Laurie woman THINKING?!
I would be really, really surprised if the editor actually said she approved it. And if the words were said, if the editor hadn’t thought Laurie was joking and was joking in response. (It seems to me a common joke; I say I’ll put people in my books all the time, but I never do. I don’t know if anyone would take it any other way but a joke until it’s written on a ranting post in a blog.) And I can’t see any savvy editor seriously encouraging an author to take such potentially damaging steps.
And Jane’s my hero.
Must add to the appreciation of your lawyerly whoopass. Nicely played.
Ditto.
Not to forget LKH and Ms Rice! Thank God I only write about aliens and not vampires or ghosts, or I may totally lose what tenuous grip on reality I already have. :P ::rushing off to see what Terry Goodkind got up to … I’m so NOT up to date, it’s pathetic::
EDIT: Ah, thanks B! Goodkind is proving to be very entertaining. Mwahahahahaha
Yay for Jane, who is indeed full of awesome and lawyerly goodness!!
This is great! Does it make me a bad or lesser person if I chortle with glee? Do I really care if it does? Probably not.
Anybody got a link on the Terry Goodkind dish? I somehow missed that one!
Jane you are made of Win.
I’ve never heard of this author but will be certain never to buy one of her books now. Someone who has so little respect for her readers doesn’t deserve this readers money.
Have to agree with Meljean - the editor is probably not sitting at her desk doing the fistpump of joy whenever stuff like this comes up. She’s probably sitting quietly in the background, waiting for it all to die away.
And Jane is definitely my hero. The letter would have scared the utter pants off of me.
Jesus this woman makes me sick.
Oh, but I also agree. I seriously, seriously doubt the editor actually said, “What a great idea! Hilarious! I’m going to tell ALL my authors to do that, ha ha ha!” Because anyone with a normal working brain would see the problems inherent in such an act. I think Ms. Laurie is just pissed because somebody told her editor what she was up to.
Oh I wish I do so wish that she would send the same letter to you Jane (not that I’d wish you legal trouble but I DO so love seeing idiots being stomped on firmly) alas, even the stupidest of lawyers (which the author of this particular train wreck may qualify for, but I doubt it since such intimidation is all too damn common) is going to jump in front of that train.
When lawyers use their qualifications as a weapon to beat and scare people like this they are abusing the law and abusing the whole profession. There’s a REASON why one of the primary demands of Legal Ethics (in Britain anyway) is a prohibition into bringing the profession into disrepute.
Holy hand grenades.
*pause to locate jaw on floor*
First - Jane, you are Teh Awesome.
Second - after reading this post and the others leading up to it, I can say with patent certainty that the sound VL is hearing right now is the Death Knell of her career. The publishing community is small and tightly knit; you can’t do over-the-top shit like this and think editors will pat you on the head. Sorry. Once you get the “batshit crazy” label, it sticks.
Third - if VL *does* write Butterscotch into a book, Butterscotch can legally sue her for libel and/or defamation of character, and have the paper trail to back it up. There’s a clause in most standard publishing contracts that states that the author certifies that no character in his/her work is based on an actual person, and if the author does persist in doing this, that he/she understands that the publisher is not going to help with any resulting legal action. In other words, VL’s setting herself up for a jim-dandy lawsuit, and she’ll find herself twisting in the breeze; her publisher will have skedaddled like a deadbeat daddy off the set of “Maury.”
Like a previous poster said: you can’t fix stupid. Karma’s a bitch, and she gives hella smackdowns.
Personally, I’m keeping the popcorn and soda handy, so when the show starts I can kick back and watch!
That is so wrong. The Laurie woman and her lawyering friend. Laurie is really just shooting herself in the foot even more. Further career advancement? Not. I’ve been trying out new authors but she’s not endearing to me in the least. It’s really sad to hear about lawyers abusing their knowledge to those who are less knowledgeable about the law.
That type of letter is used mostly as a deterrent and many attorneys don’t think twice about sending one. Most people see letterhead from a lawfirm and pretty much feel intimidated by it. I know, I’ve been working in the legal field for 20 years and am married to a litigating attorney *shrug* My husband would never agree to send one of those letters either unless there were justified grounds to send one, but let’s face it: there are TONS of attorneys out there and not all of them consider ethics part of their vocabulary.
Wow. Laurie’s books were on my ever-expanding “to read” list until a few weeks ago when I was nudged toward her blog. From there, I expanded my search and… wow. Just wow. All I can say is that all her titles have been struck from the list of books I’m looking for, and that’s a real pity because I understand they’re fairly good reads.
As far as Laurie’s psychic abilities go….Even Miss Cleo ended up in trouble with the law, so it seems psychics have big blind spots went it comes to ethics.
I too won’t be buying any of Laurie’s books. I hate the thought of knowingly giving money to jerks when I don’t have to….and I can live a long happy life without reading certain authors.
Jane girl, yer mah hero-ine!
Bravo, Jane! You’re my hero! (Heroes?) Keep it up :-).
What’s funny is that someone googled the lawyer whose name appeared on Charity’s letter. She works for the Teachers Classroom Attorney group or some such organization/firm. WTF does that have to do with publishing??? This whole thing is a train wreck and (to save myself from getting a lovely legal souviner) IN MY PERSONAL OPINION VL has completely fallen off her rocker. What is kind of sad too, is that her books actually sound good. Had I been shown them without knowing all of this, I would probably like them. Now though, I have absolutely no desire to buy anything to do with this person. I hope her rabid little minions (again..my opinion) have lots of disposable income to support this bitter, self-centered, pompous little gnat.
Okay, I have to be missing something here. This woman really threatened, IN WRITING, no less, to incorporate a reader into a story just because she didn’t like a review? Are y’all sure ChariDee didn’t beat her up and take her lunch money or something? Surely there’s got to be more to this than that. I don’t understand why these writers are so unprepared emotionally for an unfavorable review.
Tres cool, Jane.
Not to hijack the thread, but what’s up with Goodkind? I have all but the last two books. Please don’t tell me he’s being a nutter to readers too.
I would certainly hope not! But all the same, unless the editor came out and said that she doesn’t support those remarks, I’d be leery of her as a writer. I wouldn’t want to risk that she was that sort and savvy or no, you just never know with people.
I’m not sure if the site is gone or down, but inchoatus.com, when it’s running, has a little something called Goodkind’s Rant posted. It’s…eye-opening, that’s for sure. Here’s a quote of part of his response to what LKH would call negative readers:
Personally, I think it’s because bullies don’t pick on groups. They pick on people who they think are all alone. Which is why I’ve already left my own message of support on ChariDee’s blog , and why I invite everyone here to do the same thing, to show both ChariDee and the bully that she’s not alone.
(By the way, Jane, you really do rock).
Sad, sad, sad. I am like a few others on here, I might have tried out this author as a new read in the past. But now..I wouldn’t even use one of her books as fire starters. I hope the blogger prevails on this one.
PS My hubby is a huge Goodkind fan, anybody got a link to what is being said?
How many places have those Google cached items been reposted at this point? Or was it probably the addition of the phone call that precipitated the official letter? Does anyone think an email to the editor instead of a phone call (that hasn’t been returned, anyway) would have resulted in a lawyer-issued cease-and-desist?
Oy. That is all.
Thank you for sharing this. Watching someone self-destruct, as this author seems to be doing, is painful but educational. New authors should read and learn from this example, and from your common sense and professional wisdom.
I never heard of this author until I read the bruhaha associated with her name. Lost opportunity for her, as she’s now known to me not by the quality of her books but by the batshit insanity of her behavior–something that will prompt me not to spend a penny on her books. I don’t throw good, hard-earned money after asshats if I can help it.
Keri, I found a transcript from USA today.
I really REALLY like not knowing anything about the writers I read. Ignorance can be bliss, especially when it comes to reading.
I blame TMZ.
Once again I’m so grateful for the legal knowledge of my co-bloggers. A letter like that would have really scared me.
It can be ugly seeing the flawed person behind the art. When I hear stuff like this, I always think of Michael Jackson who made amazing music and was an awesome performer. But then there was that other side… And apparently Frank Herbert had some less than stellar qualities. I refuse to go find out what they were because I can never stop loving Dune.
Anyone have the editor’s email addy? I’d forward VL’s remarks to the editor and ask the editor what, precisely, she found hilarious.
Thanks, Seressia, for posting that link to Goodkind’s…interview. Wow, the guy was rude, dismissive, arrogant, and more than a little conceited to his fans.
*yawn*
HAHAHAHAHAHA! Weirdo cultural diversity??!
The good news is that all this really shortens my TBR stack.
I get that — but on the other hand, I’d also never want to work with an editor who, when asked for clarification, revealed the specifics of a private conversation between her and one of her authors. Any response to this that comes from anyone but the publisher as an entity, I would also consider highly unprofessional.
The editor is kind of stuck in this situation, and can’t provide clarification even though her own professionalism is being questioned now — Laurie’s put him/her (I just realized I assumed the editor is female) in a really bad position through her (Laurie’s) unprofessional behaviour.
Side Q: Is anyone a bit mystified by Goodkind’s insistence that he is writing about important human beings? Does that mean he is basing them off of real people that he admires? Hmmmmm….I enjoyed his books once upon a time (and please nobody slay me for that, I’ve already been ridiculed once in the last month or so for confessing that). But some of his comments in that link were a tad scary and I felt uninvited to read anymore of his work as I enjoyed them for reasons other than the ones he is insisting folks should enjoy them.
As for authors and getting to know them, I love to get to know one in the sense of how they live as an author: how their particular writing process works, how they got published, the ideas behind the story, etc. But yes, this “author behaving badly” stuff is uncomfortable in the extreme to read about. I have read some really nasty stuff written about an author by readers before, and I can understand the hurt or indignation that would drive a person to react the way Laurie did…if it was only in her mind or a pep talk with friends/family. I just don’t understand the logic though that it’s ever a good thing to go public with it, at all.
I recently had an author point out to me that a low-rated (very low-rated) review that I’d done of their book was based on an uncorrected ARC, and that two more edits had been done on the book after the ARC’s release. Well, that’s all well and good (and I felt kind of insulted that there was this need to point out the book’s ARC status to me - I review books, I know what one is), but how can I be held responsible for that - or base a review off of an improved copy that I don’t have? Why would the publisher choose to promo the book with a copy that needed so much more editing (I say needed since I was told it did go through those edits)? Her response was polite, but I can’t help thinking it was a defensive one, along with some of her other phrasing.
Of course, it’s easy to misinterpret people’s intent here on the internet too sometimes and I very well could be misunderstanding her tone.
Made me snerk too. Never felt so bad for all the dwarves, elves, etc.
I think the last two letters in psychic can be replaced with an o.
I swear writers are a little neurotic, but most of us aren’t bullies.
I’d be sorely tempted to scrawl one of the following two phrases across the top of this cease and desist letter and mail it right back:
As Al Franken so memorably said to Fox News: Welcome to America.
Sharpen your teeth and scratch my ass.
Laurie has a new post on her blog that’s sure to be removed soon.
http://www.victorialaurie.com/blog/
Apparently the lawyer is a friend of VL’s. Also, I’m not sure why this sentence is what bothers me in the midst of all the rest, but should a “professional writer” be saying “Why spend all this time, effort and energy on a BLOG?!!!! They’re words, people….words. Get a life and move on.”?
Wow. No, really. Wow. This seriously goes to show that one doesn’t have to be emotionally stable to get a book published.
Thanks Serrissa for the link. I have never read Goodkind and his answers ensured that I never would. I am so glad that we never paid new book price for any of the Goodkind’s my hubby owns. Authors behaving badly.
From the psychic’s blog:
It’s too easy.
She’s deleting all the comments on her blog. Several people had left messages for her, but they’re all disappearing. I was even ~mostly~ polite in what I said, and I am *so* not the polite type.
Besides, she wrote a horrendously long blog for someone who professes not to care.
The irony of Victoria Laurie’s blog post is that she is likely engaging in defamatory actions which would endanger her kids’ college fund. If she does pursue any action against NovelReads, I hope that NovelReads sues her right back for defamation. I’ll be the first to contribute to the NovelRead defense fund if there is any need for one.
I think that Laurie’s editor has no idea what’s going on and so I think I must email said editor with the posts of Ms. Laurie to clarify the situation.
That pretty well sums up what I have to say. That, and sheesh.
Not only that, but she’s posting the e-mail addresses of the people who write her. Maybe not illegal, but about as tasteless as anything I’ve seen an author do.
Does anybody know Dick Wolf? I’m thinking this could be a really good Law and Order episode.
True, it’s a difficult position and I imagine that, if indeed she/he doesn’t support Laurie’s behavior, it must be infuriating to read such things.
I wouldn’t expect or even want anyone, in that position, to get into specifics. But I wouldn’t consider a simple “I don’t support that statement” to be unprofessional at this point. Laurie’s own behavior is so unprofessional that I’d be hard pressed to disapprove of anyone who made a firm but discreet effort to distance themselves from her.
This is beyond “get serious.” Although–there are some hinky things going on out there. Just this week I’m told a prospective client asked a known agent who her other clients were/what she’s sold, and got a nasty, high-horse reply.
I have read a couple of her books. Really you aren’t missing anything, they were just blah. She could be trying to do this for publicity. I just thank God that Nora is wonderfully sane. I could never give up her books-especially the In Deaths.
It just sucks that she is trying to scare you. Good luck.
You may be the first, but believe me, you won’t be the only one!
Just out of curiosity I went to her website. She claims to be a psychic, and yet she claims the OFFENDER is a nutcase?
Please. The truth is not in her.
If anyone has a new Laurie book, would you look inside the acknowledgments and email me with her editor’s name? I found one editor of her books, but I think said editor must have left and gone to a new house. Thanks
jane at dearauthor.com
At the same time, if this Editor did indeed take CD’s phone call as a threat, rather than a confirmational inquiry….he/she’s a bit of a nut, aren’t they? Just questioning the judgement call on that end to notify an Author in such a manner at all.
While they may be unable to defend themselves…the proof seems to be in the pudding, so to speak.
I just don’t get this whole “Authors Attacking Fans” concept….unless their intent is to lose a fair portion of their readers/fan base? What’s the point? Irregardless of a fans comments being positive or negative…they are still a FAN. A human being with their own individual rights of freedom of expression and opinion.
Sadly, ChariDee’s will not be the last of these types of situations…especially when arrogance and narcissism are thrown into the brew.
My hat’s off to you Jane : ) I would matt and frame that letter if it ever arrives.
ChariDee…look at the thing as a badge of honor and don’t let them get you down.
Scratch that. Found the name. Thanks, anyway guys.
All this makes you long for the days when authors were mysterious recluses that were never seen or heard from.
The attorney is (1) her friend and (2) specializes in tort law which happens to be a VERY broad term mostly associated with physical injuries and damages, wrongful death claims, negligence, etc. (I should know, the law firm I first worked for specialized in tort litigation), and doesn’t exactly make her an expert on copyright law. *shrugs* No wonder there are holes.
The editor (and the lawyer) probably only heard Laurie’s version of events, though. Given how Laurie twisted the situation on her blog who knows what she actually told her editor.
Jane, you are my hero. Thanks for standing up to the bullies.
Jane: you make my heart sing!!!
Do you think we need to make a top 10 list of things authors shouldn’t do?
Don’t plagerise
Don’t threaten/bully fans
Don’t have lawyer friends make up letters to bully/threaten fans
Don’t post on internet sites while inebriated or heavily medicated or while going through medication withdrawal
Don’t claim to be psychic and then act surprised with a turn of events
Don’t torture cute furry animals in real life
Ok enough for now
Wow.
The only word that comes to mind is, “Thorazine.”
Fortunately, the overwhelming percentage of authors out there wouldn’t need one. Most of us are gracious, have common sense, and appreciate the people who read our books–even those who didn’t care for them.
I had to laugh when I read that oh so scary threat of if you piss off an author, they’ll write you as a scumbag character in their book. Uhm, and this is scary and intimidating how?
My first response to something like that would be “Who gives a shit? Knock yourself out. While you’re at it, add horns and a pair of batwings.”
Now I am confused….? I read the situation as her Editor contacted her…and told her (Laurie) about ChariDee’s phone call. Isn’t this about her over the top reaction to that phone call?
That’s what I’m calling into question…why notify Laurie of the confirmation call at all? Editor’s receive calls in regards to their Author’s on a regular basis, don’t they? I do understand that we are only getting Laurie’s side of things from that point on…but I’m questioning the Editor’s supposed reaction in even calling Laurie.
Unless their intent was to get her to remove her threat