Periodically, my Facebook news feed erupts with the latest update on works ‘stolen’ from authors and re-published by someone else. In the early days, I hurried to track down such lists. Mostly I found links to links and then no access unless I signed up for something.
But there is a thriving industry of thieves who make a few changes in what a self-published author wrote then release it under a new title. This was extensively discussed in an excellent article in June 2016.
It seems romance writers are the primary target of such scoundrels for two reasons: many romance authors are self-published and romance sells. As noted in an Atlantic Monthly article, “In 2013, the Romance Writers of America (RWA) estimated that sales of romantic novels amounted to $1.08 billion, and accounted for 13% of adult fiction consumed that year, outselling science-fiction, mystery and literary novels.”
Self-publishing is like walking home alone at night. There’s no big–or even small–publisher to back you up. Yes, Amazon has software that supposedly scans new manuscripts for duplication in an effort to prevent such horrors, but a cunning thief can substitute a few words and character names in your text and easily fool that software.
Even worse are the occasional outright thefts of authors’ work by small e-book presses and/or agencies which promise to format, publish, promote, and/or sell your work. This kind of wraparound service appeals to new authors, many of whom jump into writing with the specific idea of self-publishing a romance story. Most recently, romance writers are outraged to hear about the theft of fourth quarter proceeds (among other things) by All-Romance Ebooks, LLC.
So between thievery by outsiders and by insiders, what’s a hopeful writer to do? Is the answer only to wait until you can get a toe in the door with an agent who, if you’re wildly lucky and a damn good writer, can get you in with a mainstream publisher, both of whom will shave off a healthy 80-85% of your book’s proceeds? The reality of that world is pretty dim, as discussed in a recent article about book sales in that arena.
Fact is, romance is still looked down on in the elevated sphere of mainstream publishing. Never mind its sales numbers. Never mind that romance stories deal with important fundamentals of human existence like courtship, love, sex, and–sometimes–having babies. That’s just beneath the thin air world of Literary Fiction.
Besides, most of the readers of romance are women, an easily dismissed demographic in the still-patriarchal world of mainstream publishing.
Put it all together and romance gets no respect.
If that’s not enough to depress you, how’s this? Even if you find an agent who thinks your work is great and you get a contract for that agent to shop your manuscript around town, there’s no guarantee that your work won’t get stolen. This has happen to me, actually. Twice.
First time the problem arose from me submitting to a publisher directly. This was a non-fiction project, but the lesson applies across the board. I sent my outline of chapter summaries and overall concept to all the big publishers like Random House. Each query letter solicited a form letter response. No.
Before I embarked on that quest, I had checked the most recent list of ‘books in print’ as well as ‘forthcoming books’ where publishers list everything they’ve got in the works. Nothing in the realm of my project was listed.
Despite all the rejections, I started contacting agents. Three said yes, we’re interested. I contracted with one of them and after making edits he suggested, I sat back and waited for the good news.
Four months later, the agent notified me that Random House was coming out with a book very similar to mine. Very Similar. Topics grouped in each chapter almost identical to my proposal–check. Overall concept exactly like mine–check.
The difference between this book and mine? The author. She had previously been published by Random House, already in their stable, plus she held professional credentials in the subject of this book which I did not.
Time frame: My proposal had been sent to Random House in March. The ‘new’ book would be released in the following January.
No reason this wouldn’t have been listed in forthcoming books at the time I searched if indeed they already had the project underway.
The agent questioned whether such a work could be completed in such a short time frame…until he learned the author also taught at the college level and could have easily accessed a small army of graduate students to do the research.
I consulted an intellectual rights attorney and provided him with the materials I had sent to Random House and the fresh-off-the-press copy of the other author’s book. He agreed the similarities were too striking to ignore. Then he told me the truth about copyright infringement.
First, until I could discover what profits had been earned, I had no grounds to sue. That’s because lost profits were my ‘damages’ and lawsuits were about damages. Second, Random House was in New York City and in order to sue them, I would have to retain an attorney who was licensed to practice law in New York City.
There were other reasons I walked out of his office in the depths of despair but mostly it was the fact that I had no money for a NYC attorney. I had lost my idea and all my hard work.
There’s a nasty sequel to this story. With the agent’s encouragement, I rewrote the proposal. Jazzed it up, made it more about fun than scholarly. Added cute quotations at the beginning of each chapter. Etc. He started making the rounds with the new version. A year later as the manuscript sat in so many publishing houses’ ‘maybe’ piles, a new book came out.
Yes, you guessed it. Same concept down to the exact same quotes at the beginning of each chapter. Two young women ‘authored’ the book. Not coincidentally, they both worked in the NYC publishing industry giving them easy and quick access to proposals they thought might be successful, evidently.
I have a file drawer full of all my research, proposals, agent contract and other random bits of worthless paper that grew from that bitter lesson. Including both the books that were stolen from me.
The point is–nothing is safe. But as the agent remarked at the conclusion of this relationship, fiction is harder to steal. Non-fiction is usually subject matter that anyone can research but fictional stories are yours alone.
Unfortunately there are many ways to steal fiction as the unfortunate authors tangled up with the All-Romance Ebook LLC scandal are finding out, not to mention the countless authors whose works have been pirated. It’s an ugly world.
My advice to myself–and to anyone reading this post–is to write because you can’t avoid it. Write because the story keeps you awake at night with words flowing through your head like water through a river in flood. Write because you love to write, because you have something important to say.
Even if very few people ever read the work and especially if you never get rich from it, writing is what some of us have to do no matter what.
That doesn’t mean you have to be stupid about it. I still self pub, fiction and non-fiction. If I ever decided to engage a third party to help me market or publish my work, I would research them thoroughly–how long they’ve been in business being a primary concern. And if you’re going to seek advice on writing or publishing, try to not fall into the quicksand of buying such advice. Plenty of good input is available at no cost, not the least of which is your local author group (if you can find one you like).
For example, check out this excellent blog post about self-publishing and e-book sales.
Yes, acceptance into the lofty world of mainstream publishing provides stunning validation and what author doesn’t want that? But if that’s what you want and need, contemplate a long period of learning to write well and then write something beside romance.
Ok, so you have officially “freaked me out”!
sorry ! but please remember that while bad things can and do happen, good things happen too.
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Yeah, I’m actually writing a blog right now on my own experience in intellectual property theft to be posted on my Sunday post. Will be pinging your article to it.
Good — the more the truth gets out, the less room for scoundrels to operate. I look forward to seeing it.
[…] we test our luck. However, sometimes luck does not favor us. I was reminded of this when I read a post by a fellow blogger earlier this weekend. Jarring, the experience was – to be shown again that […]
Thanks for the comment — it helps to know that I wasn’t the only one, although it’s a sorry statement in general for our industry.
Yeah this makes me paranoid now lol