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  Author    Not getting sued   (currently 3400 views)
Simon
Posted: February 12th, 2017, 11:06am Report to Moderator
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Hello, I'm self-publishing a book soon, and I was wondering if mentioning the following are ok... (If anyone is interested, I can give you a free copy).

1: Song titles/bands/celebrity names
2: Vladimir Putin, and other people like him
3: Website names
4: The houses of parliament, and what supposedly goes on inside of it

Thank youuu...


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eldave1
Posted: February 12th, 2017, 11:38am Report to Moderator
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Quoted from Simon
Hello, I'm self-publishing a book soon, and I was wondering if mentioning the following are ok... (If anyone is interested, I can give you a free copy).

1: Song titles/bands/celebrity names
2: Vladimir Putin, and other people like him
3: Website names
4: The houses of parliament, and what supposedly goes on inside of it

Thank youuu...


Not a lawyer so I hesitate to comment and there are complications not addressed in your query.

Song titles are normally allowed - song lyrics are not. So if you are using a title where it is also a lyric (e.g., Jumping Jack Flash) - you may be in trouble. Exceptions would include where the line is common. As an example. if you have the line "Let it Be" in your dialogue - you are fine. If you have the line - speaking words of wisdom, let it be - you're screwed. If you have a character say I listened to Let It Be last night - you should be fine.

In terms of famous people - if you say - you look like Alec Baldwin - you are okay. If you say you abuse your children like Alec Baldwin, you could be facing liable issues.

Mentioning website names is generally okay - kind of the same approach for celebrity - it's the context.

Government (at least in the US) is the most fair game as it is considered public domain - assuming you are not revealing classified info. Hell, you get even use Trump's presidential portrait without permission because it is a public image.

Again - it is generally going to be dependent on the context in which you use these items.


My Scripts can all be seen here:

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Simon
Posted: February 12th, 2017, 11:51am Report to Moderator
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Ok, great thanks.


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Simon
Posted: February 12th, 2017, 11:57am Report to Moderator
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Oh yeah, is it ok to make fun of Putin?


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eldave1
Posted: February 12th, 2017, 12:00pm Report to Moderator
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Quoted from Simon
Oh yeah, is it ok to make fun of Putin?


Not according to the people he poisoned

And - yeah. Think "The Interview"


My Scripts can all be seen here:

http://dlambertson.wix.com/scripts
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Simon
Posted: February 12th, 2017, 12:16pm Report to Moderator
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Ohh, yeah. Ok, thanks again.


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Bogey
Posted: February 12th, 2017, 12:54pm Report to Moderator
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Quoted from Simon
Oh yeah, is it ok to make fun of Putin?


Saturday Night Live does it every week.
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eldave1
Posted: February 12th, 2017, 1:00pm Report to Moderator
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Quoted from Bogey


Saturday Night Live does it every week.


And well!


My Scripts can all be seen here:

http://dlambertson.wix.com/scripts
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Simon
Posted: February 12th, 2017, 1:25pm Report to Moderator
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How do you work out who's ok to make fun of, then?


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eldave1
Posted: February 12th, 2017, 2:02pm Report to Moderator
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Simon - there are no simple yes or not answer to your questions. It is a complex. But it is easy to research. For example: this:


http://kellywarnerlaw.com/satire-v-defamation/


My Scripts can all be seen here:

http://dlambertson.wix.com/scripts
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Simon
Posted: February 12th, 2017, 2:08pm Report to Moderator
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Ah. Is calling Ozzy Osbourne a fruitcake ok? It's kind of what he tries to portray himself as...


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Simon
Posted: February 12th, 2017, 2:08pm Report to Moderator
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I'll read the link then...


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Cooper
Posted: February 15th, 2017, 11:54pm Report to Moderator
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From a random website:

"Public figures have a more difficult time proving defamation. Politicians or celebrities are understood to take some risk in being before the public eye and many of them profit by their public persona. A celebrity must prove that the party defaming them knew the statements were false, made them with actual malice, or was negligent in saying or writing them. Proving these elements can be an uphill battle. However, an outrageously inaccurate statement that's harmful to one's career can be grounds for a successful defamation suit, even if the subject is famous. For example, some celebrities have won suits against tabloids for false statements regarding their ability to work, such as an inaccurate statement that the star had a drinking problem."

Hope this is helpful!


Am I on the right track with THIS ? Let me know.
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Simon
Posted: February 16th, 2017, 4:16am Report to Moderator
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Yep, thanks...


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TonyDionisio
Posted: February 16th, 2017, 7:57am Report to Moderator
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As someone I know recently told me...

"You haven't arrived in the industry until you're suing someone."

She did give me permission to use the phrase. As a writer, one always looks to arm-up with sayings.
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Simon
Posted: February 17th, 2017, 9:31am Report to Moderator
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Danke, danke.


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Simon
Posted: February 28th, 2017, 7:08am Report to Moderator
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I understand about mentioning celebrities and defamation, but what about the laws of advertising? Is it illegal advertising if you recommend a band to listen to, or do you have to tell someone to buy an album, before it's advertising? Here are a few examples from my book, that I don't know are legal....

1.

ALEX
Can I have a biscuit??
MR. HAMMETT
Sure, have as many as you like!
ALEX
.... and can I listen Darren
Housholder's debut album, online?
MR. HAMMETT
Certainly. A wise choice. Very
obscure, too, I'm impressed.

2.

Over the last few hours, MR. HAMMETT has been true to his
word, and arranged for Darren Housholder's debut album to be
heard.

3.

Sound senseless? Maybe it was. But
rest assured, music was once again playing in the background.
SIR GEORGE has gone on a heavy metal/industrial odyssey.
Pretty Hate Machine, by NIN was played, a few Candlemass
albums, Rammstein, etc, etc.

4.


However, he just wants to listen to 'Knife
Part' first, the best song on the album... Or is
it 'Passenger'? Hm...
At this point, I encourage you to listen to the song, as well.
That will really get you into the story. Not only that, if you
haven't heard it before, it will become your favourite song.
:O

5.

P.S., he should check out Maximum
Security, by Tony Macalpine. Not only
is it one of the best guitar albums of
all time, his name is of great
significance. That is all.

Also, is it ok to name characters after celebrities? I have done so, (Matt Talbott from Hum, for example), but the only similarity my character has to him, is his name. Finally, is it ok for a character to say he doesn't like Elvis Presely's music?

Thanks for your time.


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LC
Posted: February 28th, 2017, 9:11am Report to Moderator
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Quoted from Simon
... Finally, is it ok for a character to say he doesn't like Elvis Presely's music?.

I think you're okay, there.

Simon, ever heard of a movie called High Fidelity? Great book too. Nick Hornby, first a novel writer then an academy award nominated screenwriter and BAFTA winner.

My advice: write the book. You're worrying too much. If you're that concerned consult with an entertainment lawyer. Jmh, of course.



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LC  -  February 28th, 2017, 9:16am
BAFTAs are good too.
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Simon
Posted: February 28th, 2017, 10:00am Report to Moderator
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Alright, thanks


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Simon
Posted: March 20th, 2017, 6:20am Report to Moderator
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Hello, again. Does anyone here know if Gold Wind Limited are a trustworthy organisation? I sent them my book, and are asking for £890, to cover proof reading and cover design costs, etc...
Thank youuuu....


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Simon
Posted: March 20th, 2017, 7:58am Report to Moderator
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Here is the email I got...

Dear Simon

I have now had the opportunity of reading and evaluating your book and will detail my thoughts and publishing proposals.

The very first impression I gained from One Screwy Week is that it is a very good written and highly competently constructed novel. It is most certainly necessary to have such qualities since it presents itself in the popular Kindle category of comedy.

Fortunately, Kindle as a publishing medium welcomes such books in that there is a devoted set of readers who are eager to find new perspectives and add the authors of such works to their list of favourites. These are avid yet discerning readers who are quite unforgiving of the less able writer. I am of the firm view that One Screwy Week possesses all of the ingredients necessary for its author to join such a list.

It is also worth knowing that, when listing a novel on Kindle, one is allowed to place it in two categories. That this book can legitimately appear in at least two sub-categories, potentially to highlight the book’s wacky crime narrative, would ultimately only double its potential appeal and readership.

You write in a very sophisticated and polished way but a way that is also highly readable and there is nothing in it that I found particularly irksome or that would cause any type of reader to reject it out of hand. You have quite exceptional ability as a writer; the style is elegant and descriptive, primed with the ability to make even the most mundane of tasks feel humorous and full of character. The structure of your book is interesting, however your screenplay style makes sense within the context of the narrative and again ultimately gives One Screwy Week a greater sense of personality overall. You have a brilliant understanding of how to time and structure jokes so that they are as effective as possible. In other novels authors can often squander a great set-up by following through with a terrible or ill-timed punchline, a problematic writing behavior which you rarely fall into. Likewise it helps that your comedy is multi-layered, and you are able to find humour in characters, dialogue, descriptions and even the writing style itself. However despite the book’s kitchen-sink approach and irreverence, the main plot and central characters all feel entirely believable within the world you have constructed. You never fail to flesh everything out and ensure that the plot itself follows an internal logic, which ultimately only makes the jokes more enjoyable as they never come across as cheap or lazy at the expense of narrative and structure.

Likewise this dedication to your narrative, as crazy as it can get, overall imbues the book with a great sense of humanity, allowing for an important emotional connection to be drawn between the reader and the material. As a reader you get a real sense that you are truly enamored with the characters and events you are writing about, and this clear passion creates a warmth and a relatability which ensures that an audience would be able to connect to more than just the well-executed comedy. Ultimately this gives the narrative an added edge, ensuring that the prose itself would be even more accessible to a modern audience. As it stands, your literature is expressive, emotive and thoughtful, three hugely important features of a character-driven piece of comedy like this.

The opening section of any book must do several things and the opening of your book (and by this I mean the first ten percent or so) fulfils all of the requirements perfectly. It really is superb. The opening with Captain Mental does well to establish the tone and your writing style, introducing the character in a way that lets the reader know entirely what they’re in for. However you are also able to introduce the central narrative in an extremely natural way over these opening pages, even finding humour in Tipton’s disappearance. Considering how difficult it can be to craft an intriguing beginning to a piece of comedic fiction like this you do surprisingly well to stage your narrative, hooking audiences in with a central mystery that propels the plot forward. It really is a great introduction, and proves that there’s more depth and complexity to your novel than just the quick-wit and well executed humour. When reading it I intended first of all reading only as far as the end of the first few chapters in order to get a ‘feel’ for the novel but found myself so interested in the increasingly exaggerated situations that Mental and Morgan were finding themselves in that I continued reading far beyond that.

In commercial terms and with particular reference to Kindle books the point about having an opening which is both impacting and yet promises more to come is that some time ago Amazon introduced a ‘Look Inside’ facility in their Kindle books whereby prospective buyers can read the first 10% of a book before deciding whether or not to buy. This is to the huge advantage of One Screwy Week in that this has such a superbly portrayed, constructed and written opening section that it would have buyers clicking the ‘Buy Now With One Click’ button immediately. As a lesson on how to begin a piece of character-driven literature it is exemplary.

But the book as a whole has a great deal to recommend it, not least the carefully conceived and generally well executed plot which I found to be very suitable for the target demographic.

To look now at other specifics, the structure of this work is very good indeed and you have done well to produce a surprisingly well told crime narrative that’s genuinely both funny and, when it needs to be, suitably melancholy and thoughtful. In all good works of fiction a narrative should progress steadily upwards with a series of twists and turns, leading ultimately to the climax. This is basically the case with this book. The initial mystery surrounding Tipton doesn’t drag the book down or go on for too long, and you are able to take the narrative into interesting avenues that a reader would not be expecting. For instance the clash between the Nazis and the police (and the reasoning for their hatred) was particularly enjoyable and surprising. However, despite the increasingly raised stakes and narrative twists it really is the well-drawn and inviting characters at the heart of the novel that make the book work, giving readers a varied and manageable cast that supplements the plight of Mental and Morgan and awards the book with a deep sense of humanity. Overall the novel’s brilliant, focused grasp of its aims and its surprisingly elegant construction of character always brings the literature back to a satisfying center, imbuing the book with an aura of professionalism and polish that so much of the literature in the genre seems to lack.

In summary, therefore, One Screwy Week is as good a book of its type as I have read for some time and far better than the majority of hopefuls one encounters. It will be particularly strong in the Kindle marketplace simply because it is difficult to find fault with it. It seems to possess everything required to be successful and one cannot praise more highly than that.

For all these reasons I feel that now is the opportune time to publish your book and that Kindle is the most suitable platform that could be used in order to attract the kind of audience who will find your book appealing. The vast majority of your target demographic most certainly now prefer Kindles and e-readers to conventional paperback books and a work which is so outstanding in terms of what it has to offer, easy to download and very competitively priced, will be hard to resist. So, all that said, there is no doubt that this book would be a highly credible one published on Amazon’s Kindle.

Thus, I would be more than happy to publish this book on Kindle for you. For a book to be truly accepted by the Kindle readership it needs to be professionally and expertly published.

This is what our Kindle Publication Service includes:

-          Copy-editing and proof-reading the manuscript to ensure it is error free.

-          Designing the book’s layout and converting the manuscript to the best format for Kindle so that it is a professionally published Kindle book.  This is vitally important if the book is to be easy to read and recommended to others.

-          Designing the ‘cover’ – the best Kindle books have an eye-catching cover design just like a conventional book but Kindle covers require a specialist designer since, on most occasions they are seen on Amazon, they are the size of a postage stamp.

-          Writing the book’s description so that it has the maximum appeal on the Amazon site.

-          Designing and arranging the book’s own Amazon sales page so the book can be marketed most effectively.

-          And, of course, publishing the book on Kindle itself and arranging all of the technical elements such as royalty payments.

Two further advantages are that the book can be published and on sale to more than ten million readers within four weeks and that, if we set a retail price between $2.99  (roughly £2) and $10.00 (£6.60), you receive 70% royalty payment on each book sold (Amazon get the remaining 30%), paid direct into your bank account monthly if you wish.

Plus, I will supply you with a Kindle Reading Tablet completely free with your book already downloaded onto it.

But perhaps the most important element we offer is a comprehensive marketing strategy which has taken us two years in the formulation. This is completely new and absolutely guaranteed to maximise sales. It is a strategy that no other Kindle company can offer and has proved highly successful.

There is obviously a lot involved in our Kindle publishing service. Publishing on Kindle and making sure that the book’s full potential is exploited is quite complex. However, I really want to help authors who often do not have unlimited funds to spare and so I needed to find a balance between these things when considering the cost.

That is why I decided on a fee of £890. Affordable enough for authors who are serious about publication and it covers our own costs with a little to spare for unseen eventualities.  And to make it even more affordable only half of the fee is payable upfront, the other half when the book is published and available for sale on Amazon.

One point that it is worth making here is that, although it is possible to publish almost any book on Kindle under their terms and conditions, this does not apply to our own modus operandi. We only publish books which we feel are likely to sell sufficient copies to be included in the ‘best-selling’ list for their genre. This almost guarantees their success and is one of the reasons why approximately 70% of the manuscripts submitted to us go unpublished. Quite simply, we want and expect our books and authors to be successful.

Finally, as you will have seen from our website, we are aware that not everyone has an electronic reading device and many readers still prefer a physical, printed book. In order to cater for this sector of the market we will also publish a conventional printed edition of the book using Kindle’s sister site, Createspace. This edition will be available alongside the Kindle edition on Amazon to maximise the book’s chances of success. There is absolutely no additional fee to pay for this printed edition. As a part of our services two copies of the printed edition will be sent to your address upon publication.

On the assumption that all of this is acceptable (and it really is too good a publishing offer to miss) I have attached a Kindle Publishing Acceptance Form which I would ask that you complete and return to me, together with the first payment tranche. There are full details on the Form as to how to do this. We will then begin work on the publication of your book immediately on receipt.

Naturally, I do appreciate that this letter could have raised many questions in your mind and you may require clarification of some elements or, indeed, further information. This being the case, please do not hesitate to contact me and I will do my best to explain matters further.

I look forward to working with you to achieve the successful Kindle publication of what is a very fine book indeed.

Yours sincerely,
Yanina Goldenberg
http://www.kindle-book-publishing.co.uk


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Don
Posted: March 20th, 2017, 9:48am Report to Moderator
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So, what are you writing?

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Quoted from Simon
Hello, again. Does anyone here know if Gold Wind Limited are a trustworthy organisation? I sent them my book, and are asking for £890, to cover proof reading and cover design costs, etc...
Thank youuuu....


Simon,

I think you can do all of these things yourself, tho you should get someone else to proof your work. That shouldn't cost £890, maybe more around £50 or so.

At their rate, you'd have to sell 200 copies to break even.

Don


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Simon
Posted: March 20th, 2017, 10:01am Report to Moderator
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Ok, thanks for your time.


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eldave1
Posted: March 20th, 2017, 10:36am Report to Moderator
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Quoted from Don


Simon,

I think you can do all of these things yourself, tho you should get someone else to proof your work. That shouldn't cost £890, maybe more around £50 or so.

At their rate, you'd have to sell 200 copies to break even.

Don


1. I concur with the above.

2. The company (Goldwind) was started in May 2013 - relatively new and tiny.

3. I believe that you may have received a form letter tailored to the specifics of your book. Google the first line of their response ("I have now had the opportunity of reading and evaluating your book and will detail my thoughts and publishing proposals") and you will find a Facebook page with someone posting a very similar letter.

So, they are in the business of becoming the intermediary between the author and Kindle. No different then any other of business that wants a piece of that pie.  They are slick in that they link their efforts on your novel to your Kindle success (i.e., they have the secret sauce).

I would never do this. If you can afford it and think it is needed, you can pay someone to proofread your work for far less. There are tons of free images you can use for book covers or simply take a photo of your own. If you want an independent review of your book, then the only one of value is from someone that has no invested interest in selling you anything else off that review.




My Scripts can all be seen here:

http://dlambertson.wix.com/scripts
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Simon
Posted: March 20th, 2017, 10:51am Report to Moderator
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Ok, thanks.


Please visit and like/follow my Unsubscribe fan page https://www.facebook.com/The-Unsubscribe-Tribe-157356154842321/
.... or my Twitter page https://twitter.com/TheUnsubTribe (Ideally follow both).  I will return the favour. Also, check out the Unsubscribe trailer... :O :O :O https://www.youtube.com/watch?v=9kDbJm1VhSI
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