Author
of Closest to the Fire: A Writer’s Guide
to Law and Lawyers
1. What inspired
you to write your new book?
It started with a guest column for Indies Unlimited about writing
accurate legal fiction. That post turned into a series of three, and afterward,
the idea kept niggling at me. At some point in the ensuing several months, I
started work on the book. My initial focus, like that of the blog posts, was on
avoiding errors, but eventually I realized that I wanted to do more: to entice
authors into exploring the many, many terrific story ideas to be found even in seemingly
dry legal subject matter.
2. What do
writers really need to know about the law?
Even if they have no intention of delving into legal plots or
lawyer characters, writers need to know a certain amount about the law in pure
self-defense. They should learn the basics of copyright law in their own
country. They should know at least something about contract law: for example,
that if a publisher presents them with a revised contract, it doesn’t legally bind
the writer unless the writer agrees to its terms. (There could be a gray area
if the initial contract attempted to make revisions automatically applicable
unless the writer takes some action within a specified time – though I’m not
sure such a clause would be enforceable.) They should know enough about the
traps typically lurking in traditional publishing contracts these days that
they can consult an IP (intellectual property) attorney and ask informed
questions before signing such a contract.
3. What legal
trends are you seeing as it relates to intellectual property?
There’s an ongoing tug of war between those who want shorter
copyright terms and/or less protection for copyrighted materials (an issue
which can arise, for example, when musicians “sample” other composers’ music)
and those who focus on protecting the interests of the artists who initially
produce copyrighted materials. There are also a number of people seeking to
include fanfiction and fan art within the umbrella of “fair use” (since
anything under that umbrella does not violate the original’s copyright).
A recent U.S. Supreme Court decision held that at least some
“speech” approved or registered by government entities (e.g. trademarks) count
as the government’s speech rather than that of the applicant, allowing the
government to deny permission without First Amendment limitations. This ruling
has led not only to controversy but to follow-up lawsuits as to just what the
ruling includes. For example, is there a significant difference between an
automobile license plate proposed by some group and potentially manufactured
for multiple drivers, and an individual license plate with a personally chosen
message?
4. How can
writers utilize your book to grasp a better understanding of the law?
The book is designed to be used in any of several ways. There’s a
detailed Table of Contents (linked in the ebook), which I’ve tried to make
somewhat informative in itself. Then there’s the Index – or rather, two
versions of it, as the paperback Index is more detailed. These tools should
make it easy for writers to look up any topic in which they’re already
interested, but they can also begin by reading the Table of Contents and getting
some idea of the basic framework of American criminal and civil law.
I’ve been delighted to hear that readers are finding the style
engaging and easy to follow, so that some may choose just to dive in and read
large swaths of the book in order.
5. What do you
enjoy most--writing books or practicing law?
I’m going to evade the question a bit and say that I love writing,
period. Of course, I enjoy different aspects of the two activities. Until
recently, all my books have been novels, and I love letting a story and its characters
lead me along and show me where they’re meant to go. (It’s a very cool feeling
to discover that some detail I’ve thrown in as character background or set
decoration actually plays an important role in the plot.) Besides the writing,
one of my favorite parts of practicing appellate law is analyzing a case and
finding weaknesses to exploit and ingenious arguments to press.
6. What would be
some great legal subjects for novelists to tackle?
Here’s where I’m going to punt to my book. Almost any aspect of
the law can make for entertaining and dramatic (and/or comedic) fiction. Here’s
an example from another author’s work. Kristine Kathryn Rusch’s engrossing and
suspenseful Retrieval Artist series
is essentially based on what many lawyers, and even more law students, would
describe as a pretty dry procedural issue: namely, what jurisdiction’s law will
apply to a particular dispute. (In the universe of the series, humans have
spearheaded an alliance among multiple species, largely for purposes of
economic activity, and the decision that alliance makes on how to handle
conflicts between different species’ legal systems drives the ongoing
narrative.)
7. What advice do
you have for writers liking to protect their content from piracy, plagiarism,
or unscrupulous publishers?
Many beginning writers overestimate the danger of piracy. There
have, to be sure, been instances of it. For example, at least one “author” has
made a habit of finding other people’s books and republishing them under a
different name via the usual online outlets without informing or compensating
the actual authors. But I would estimate the odds of this or anything similar
happening to a particular writer’s books as miniscule.
Other potential types of plagiarism could include use of large
portions of a book on someone’s website. One could use Google Alerts and the
like to try to track any such use. If one discovers it, one could try to turn
it into an opportunity by (civilly, at first, and then with increasing firmness
and/or menace) demanding attribution and a link to places the book may be
purchased.
Unscrupulous publishers or organizations claiming to assist
self-publishers are, in my view, by far the most serious threat of those you’ve
listed. There are many outfits, some affiliated with major traditional
publishers, offering vastly overpriced services to new writers, services which
may well be of inferior quality. Any service that one could obtain bundled
(either by “being” published, or via an organization offering to “assist” in
the self-publishing process) can be obtained a la carte from multiple competent
freelancers, usually for far less. One can easily find such freelancers to
provide editing, proofreading, cover design, interior design, interior
formatting, and promotion. And some of these functions, such as basic ebook
formatting for novels, aren’t hard to learn. (The same goes for the process of
uploading completed book files to the various online retailers.)
Several websites, including “Writer Beware” and “Preditors
[spelling intentional] and Editors,” exist to warn writers about companies whose
business model is making money off writers rather than selling the writers’
books, or whose bookkeeping practices are suspect or sloppy. Writers should
also be wary of publishers whose business is so shaky that writers signing with
them risk ending up with unpaid royalties and/or abandoned books.
Even where reputable traditional publishers are concerned, any
writer who still craves the validation of “getting” published needs to study up
on the trade-offs currently involved in traditional publishing contracts versus
self-publishing. For example, not only do major chains like Barnes & Noble
not stock every (or close to every) traditionally published book, but some
publishing contracts these days leave it entirely up to the publisher whether
to publish a paper edition at all. And publishers usually expect authors to do
a great deal of their own promotion.
For more information, please consult: www.cttf.karenawyle.net
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Brian Feinblum’s views, opinions, and ideas expressed in this blog
are his alone and not that of his employer. You can follow him on Twitter
@theprexpert and email him at brianfeinblum@gmail.com. He feels more
important when discussed in the third-person. This is copyrighted by
BookMarketingBuzzBlog © 2015
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