Current Affairs

The “Affaire” of Unethical Conduct in our “Romantic Times”

by

Logo
I’ve been engaged in a discussion on the Writer Beware blog about the egregious ethical lapses committed by Affaire de Coeur magazine in their editorial coverage (running cover stories and reviews about books published by their advertising director, requiring some publishers and authors to buy advertising in exchange for reviews, etc.). Rt_logoI thought it might be helpful to share the portion of the Society of Professional Journalists’ Code of Ethics that applies to the relationship between editorial and advertising content:

Journalists should be free of obligation to any interest other than the public’s right to know. Journalists should:

— Avoid conflicts of interest, real or perceived.

— Remain free of associations and activities that may compromise integrity
or damage credibility.
— Refuse gifts, favors, fees, free travel and special treatment, and shun secondary employment, political involvement, public office and service in community organizations if they compromise journalistic integrity.
— Disclose unavoidable conflicts.
— Be vigilant and courageous about holding those with power accountable.
— Deny favored treatment to advertisers and special interests and resist their pressure to influence news coverage.
— Be wary of sources offering information for favors or money; avoid bidding for news.

The SPJ Code of Ethics is voluntarily embraced
by thousands of writers, editors and other news professionals. The present version of the code was adopted by the 1996 SPJ National Convention, after months of study and debate among the Society’s members.
Sigma Delta Chi’s first Code of Ethics was borrowed from the American Society of Newspaper Editors in 1926. In 1973, Sigma Delta Chi wrote its own code, which was revised in 1984, 1987 and 1996.

Most newspapers and magazines have adopted similar guidelines. For example, here are the guidelines for publications produced by the Mystery Writers of America (I should disclose that I was on the committee that drafted these guidelines):

For Articles, columns, interviews and essays:

  • –         
    The editor should maintain honesty, integrity,
    accuracy thoroughness and fairness in reporting and editing of articles,
    headlines and graphics.

  • –         
    There should be a clear distinction between
    news/feature stories and opinion pieces. It 
    should be made clear that any opinions expressed are those of the author
    and do not necessarily reflect the views of the Mystery Writers of America or the
    local chapter.

  • –         
    The reporter or author of editorial content in
    the newsletter must avoid any conflicts of interest, real or perceived, with
    regard to the subject of his articles. All potential conflicts should be
    disclosed (eg: an author interviewing his own publisher or editor).

  • –         
    The reporter or author of editorial content in
    the newsletter should  refuse gifts, favors, fees, free travel and special
    treatment related to the articles they are writing (eg: free travel and
    registration at a conference in return for the article).

  • –         
    Unless a piece is clearly identified as “opinion,”
    personal views such as religious beliefs or political ideology should be kept separate
    from the subjects being covered. Articles should not be approached with overt
    or hidden agendas (eg: someone who hates cozies shouldn’t be writing about the
    popularity of cozy mysteries).

  • –         
    Competing points of view should be balanced and
    fairly characterized.

  • –         
    Persons who are the subject of adverse news  stories or features should be allowed a
    reasonable opportunity to respond to the adverse information before the story
    is published.

  • –         
    Fairness means that all important views on a
    subject are presented and treated even-handedly.

  • –         
    Authors should always cite their sources and
    never plagiarize.

For Advertising:

  • –         
    Editorial impartiality and integrity should
    never be compromised by the relationship and the chapter should retain
    editorial control of ALL content. Selection of editorial topics, treatment of
    issues, interpretation and other editorial decisions must NOT be determined by
    advertisers.

  • –         
    Editors must never permit advertisers to review
    articles prior to publication.

  • –         
    Advertisers and potential advertisers  must never receive favorable editorial
    treatment because of their economic value to the newsletter.

  • –         
    Editors must have the right to review, prior to
    publication, all sponsored content and other advertiser supplied material.

  • –         
    The choice of advertisers (conferences,
    self-publishers, editorial services, etc.) should not bring the MWA into
    disrepute or imply an endorsement by our
    organization of any of the goods or services being advertised. This is
    especially important when it comes to self-publishing firms, agency representation,
    editorial services, writing contests, and writers conferences.

  • –         
    There should be a clear and unequivocal separation
    between the advertising and editorial content of the newsletter. Editors have
    an obligation to readers to make clear which content has been paid for, which
    is sponsored, and which is independent editorial material.

For “Non-Paid” Promotion

  • –         
    Editors should carefully review all “non-paid”
    promotional content,  such as lists of
    upcoming events and contests, to assure the events and organizers are reputable
    and legitimate. The printing of these announcements in our newsletter can imply
    to some readers an endorsement by the MWA.

  • –         
    Occasionally, some newsletters post news about
    publishers accepting submissions.  Editors
    should review the MWA’s List of Approved Publishers before printing material of
    this nature.

I find it disgraceful that Affaire de Coeur and the Romantic Times require some publishers and authors to buy advertisements in exchange for having their books reviewed. Not only is it unethical conduct, it’s also unfair to small presses & authors … and brings into serious doubt the editorial credibility of both magazines.

Affaire de Coeur doesn’t just sell their reviews to advertisers, they also sell other kinds of coverage. Here’s an excerpt from the Affaire De Coeur website page that explains their various advertising packages:

“To compliment your ad and review we also offer interviews or articles. If you would like an interview let us know 3 months in advance so it will go in the same issue as your review and ad. We accept articles at any time, we need articles 3 months in advance. All articles must receive approval on subject matter.”

“We will not accept submissions less than three months prior to the date of publication unless it is associated with an ad. We do not review books after publication unless it is done in association with an ad”

If you buy an advertisement with Affaire de Coeur, they will “compliment” it with articles and reviews. They will gladly review your book after publication, or if you submit it late, if you buy an ad. There’s clearly a connection between buying ads and getting coverage. They aren’t even subtle about it.

But do they inform their readers which reviews, articles and interviews were published because of their connection with advertising? Of course not.

Basic ethical conduct requires that any review or article that is printed in exchange for advertising should be labeled as such so the reader knows just how “objective” the coverage really is (just how “honest” can a review be if it’s paid for?)

And if a reporter or editor has a financial stake in the books or companies being written about or reviewed, that should also be clearly disclosed, because it’s a conflict-of-interest and has an obvious impact on the “objectivity” of the reporting and placement of the stories.

But those disclosures aren’t being made to the readers of Affaire de Coeur or Romantic Times. If I was a reader or writer of romance fiction, I would be outraged about the conduct of these two magazines. That is why I have refused to acknowledge Affaire de Coeur’s “five star review” of my book.

UPDATE: I just stumbled on a November 2007 blog post on EREC that shows just how much coverage in Affaire de Coeur that Light Sword received in one issue compared to other small press advertisers — which is no surprise, since Light Sword’s co-owner is the magazine’s advertising director:

Light Sword Publishing
* 3 pages of advertising
*
6.5 pages of content (3 being an article that is clearly
self-promotional, aimed at authors not readers and available for free on their website)
* 1.5 pages of book review space

Medallion Press
* 2.5 pages of advertising
* 2.5 pages of book review space

Parker
* 0.25 pages of advertising
* 0.75 pages of book review space

Dafina
* 0.25 pages of advertising
* 0.75 pages of book review space

Torquere Press
* 1 page of advertising.

My point? I’m not sure. Perhaps that advertisers should buy ad space.
Readers should ‘buy’ the other content by having it aimed squarely at
their interests. 26 pages of large press book reviews, fine. 10 pages
puffing the advertisers wares… not so fine. If you buy ads you can
apparently also write the magazine’s content
and get your small press books reviewed. So if you want only large
press book reviews at least half the magazine will be of interest to
you. The rest seems to be almost entirely at the pleasure of the
advertisers.

When a Wanna-Be Publisher Becomes a Scammer

by

Scam-busting author Victoria Strauss’ post on Writer Beware about the fraud judgments levied against Linda Daly’s Light Sword Publishing has provoked an interesting debate on her blog. Along the way, Strauss has made some important distinctions between a genuine “small press” and a pseudo-publisher:

There are many
excellent small presses, which function entirely professionally and are
taken seriously by readers, writers, and publishing professionals.
Reputable small presses have always been an honorable alternative to
large commercial houses, and there are more of them now than ever.
These professional small presses, however, are NOT equivalent to the
Light Swords of the world, which are run like pocket dictatorships by
people who know absolutely nothing about editing, publishing, or book marketing–never mind running a business–and aren’t interested in learning.

I want to take that a step further (as I did on her blog). I’m on the Mystery Writers of America’s membership committee, which reviews applications from publishers
who want to be on our Approved Publishers list. In that capacity, I’ve encountered an astonishing number of
so-called “small publishers” who turned out to be nothing more than aspiring writers who bought some ISBN numbers and opened an account with a
POD company.

These pseudo-publisher are a mix of true scammers (like PublishAmerica, Airleaf, etc.) and people who
set out to do no harm but simply have no clue what being an “editor”
and a “publisher” really involves.

To me, an inexperienced
“publisher” becomes a scammer when they start touting marketing,
editorial and publishing experience they don’t actually have, when they
make promises they know they can’t keep, and when they begin charging
authors to get into print (another sign is when a court declares them
guilty of defrauding authors, as is the case with Light Sword).

The authors are inevitably tainted by their association with a scammer or an inept wanna-be publisher. As Victoria says:

This is not to say that good books can’t be published by amateur
micropresses. […] The enormous number of unpublishable books
with which society has been lumbered as a result of the proliferation
of micropresses–not to mention the POD self-publishing services–is an
annoyance and a nuisance, but the real tragedy of all these faux
publishing options, in my opinion, is that they can entrap writers
whose books deserved better.

That
said, the aspiring writers entrap themselves with their desperation, impatience, gullibility, and their
laziness.

The majority of writers who have been scammed by PublishAmerica,
Authorhouse, Airleaf, Tate, Quiet Storm, Light Sword and countless other vanity
presses and pseudo-publishers could have easily avoided their fate by
using common sense, doing a tiny bit of research, and asking some basic
questions about the professional qualifications and experience of the
people they were getting into business with BEFORE signing a contract. Others were simply looking for a short cut and discovered the hard way that there aren’t any. But I think Victoria said it best:

There are any number of reasons why writers ignore clear warning
signals, including the frustration of a long and unfruitful publication
search. Other writers, of course, don’t take the time to learn about
the field they’re trying to break into, and don’t know what the warning
signs are. But whatever the reasons writers fall victim to schemes and
scams and amateurs–and with every effort to maintain respect and
compassion for those victims–writers need to understand that THEY
ARE RESPONSIBLE for educating themselves, for researching their
options, and for making informed (as opposed to wishful or ego-driven)
decisions.We don’t help them by pretending that this isn’t so.

UPDATE: Blogger Michele Lee makes a strong case (with great links) that it’s time that authors took more responsibility for their poor choices:

The blame lies with both parties of course. Much of the behavior of
scammers and crappy publishers is reprehensible and inexcusable. But
there is so much information available to writers these days. We don’t
live in the world of ten years ago. There are so many places to research agencies and publishers these days (and for free!). I simply do not understand. There’s no excuse anymore, other than sheer newness, not to be a well researched. I suspect the professional publishing world is starting to view
things this way as well and the tolerance for lazy writers is severely
plummeting.

Reheating Leftovers

by

Author Frank Kane liked his writing so much, he reused the same lines over and over, as Marvin Lachman reveals over at Mystery File:

Poisons Unknown, page 63: “Gabby Benton was on her
second cup of coffee, third cigarette, and fourth fingernail when
Johnny Liddell stepped out of a cab. . . ”

Red Hot Ice, page 18: “Muggsy Kiely was on her third cup of coffee and her fourth fingernail when Johnny Liddlell walked into….”

Red Hot Ice, page 27: “Her legs were long,
sensuously shaped. Full rounded thighs swelled into high-set hips,
converged into a narrow waist. Her breasts were firm and full, their
pink tips straining upward.”

Poisons Unknown, page 182: “The whiteness of her
body gleamed in the reflected light from the windows. Her legs were
long, sensuously shaped. Full rounded thighs swelled into high-set
hips, converged into the narrow waist he had admired earlier in the
evening. Her breasts were full and high, their pink tips straining
upward.”

This is just a small sampling of Kane’s laziness. There’s much, much more…

Defend the Defenders

by

Dawn O’Bryan-Lamb has established the Author Advocate Defense Fund  to help the bloggers, web sites, and organizations being sued by literary agent Barbara Bauer:

“On September 20,
2007, Barbara Bauer filed suit in New Jersey against a list of
defendants, ranging from the Wikipedia Foundation, to message board
owners, to bloggers.

More information about the precipitating events can be found in the archives of Making Light. There is additional information about the case regarding Wikipedia at the Electronic Frontier Foundation site. 

 Another defendant is Science Fiction Writers of America for its Writer Beware “thumbs down agencies” or “Twenty Worst” list. Yet another is the former and current owner of  Absolute Write which has a thread about the Plaintiff on their site. 

Defending
oneself against a lawsuit is expensive, and many of the author
advocates being sued could use help to pay the many legal costs
involved, which are adding up over these past 9 months.

I’ve
set up a PayPal site where you can donate to help these writers with
their legal fees. Any amount is welcome. Any fees assessed by PayPal
will be covered, so your full donation goes to the legal defense fund.
All funds will be disbursed directly to the defendant’s attorneys in
equal shares.”


It’s a good cause. I urge you to make a donation.

UPDATE 7-4-08 : Score one for the good guys. Bauer’s lawsuit against Wikipedia has been thrown out by the court. The Ashbury Park Press reports:

Judge Jamie S. Perri dismissed complaints by Barbara Bauer and her
company, Barbara Bauer Literary Agency Inc., against Wikimedia
Foundation, the owner and operator of online encyclopedia Wikipedia.

Bauer in court papers alleged that Wikimedia Foundation defamed her by
publishing numerous false statements, including one that said she was
“The Dumbest of the 20 Worst” literary agents and that she had “no
documented sales at all.”

Perri cited the Communications
Decency Act, enacted by Congress in 1996 to promote free speech over
the Internet. The act immunizes a provider of interactive computer
services from liability for publishing content provided by another.

This judgment dealt only with Wikipedia, not the cases brought against the 19 other defendants.

The Drama Behind Drama

by

Today was the first day of a three-day “International Drama Summit”
conference that MediaXChange, in cooperation with CBS, NATPE and Fox, put
together here in L.A.  A sobering fact came out of a panel discussion today with Jeff
Wachtel, head of USA Network, and David Stapf, head of programming for
CBS and Paramount. They were asked point-blank by David Zucker (who
heads Ridley Scott’s TV production company) if they would ever buy a contemporary TV
series set in Europe or South America, written and produced by
Americans and starring American actors…and they both answered with a flat-out NO.

The only exceptions Stapf and Wachtel said they would consider would be
shows set in the past (ala ROME, THE TUDORS or ROBINSON CRUSOE) or that
are science fiction (which are likely to be set on other planets,
regardless of what country they are shot in).  They believe that
America audiences simply won’t accept a contemporary series set in
Europe, no matter how big the stars are. They said there hasn’t been a
successful network show set in Europe since the days of THE AVENGERS,
THE SAINT and I SPY thirty five years ago…and they were unwilling to be the ones to try to break that record.

(So, if their views reflect those of other American network chiefs, I was doomed on FAST TRACK as a series before I ever started…though the movie has quite done well internationally as a “one off” and made money)

That said, Stapf and Wachtel said they are very open to buying formats from overseas
and setting them in America…as the networks have done in a big way this season LIFE ON MARS, 11th HOUR, MYTHOLOGICAL EX, THE
TREATMENT, and NY-LON, to name a few. The key is adapting the format to what they called our “uniquely American sensibility.” A BBC exec on the panel said the biggest difference was story-telling…he said British programs tend to meander more, “though there is some pleasure to be had in meandering.”

They also talked about how immensely successful U.S. shows are in
Europe and that American studios actively consider the international sales
potential of whatever they are developing for the domestic networks.

There was also a fascinating panel of executives and content providers discussing the potential for drama on the web. Christopher Sandberg, of the Companyp in Sweden, said the key difference between TV and the web comes is how they view the relationship between content and the audiences. In the broadcast model, the important thing is getting the viewer to click his remote to your program and to stay there to watch it. In the web model, it’s not getting the audience to the content that counts, it’s what the audience does when they get there that matters…and that is what is saleable to advertisers. Passive viewing isn’t enough in the new media world. What the web provider is selling advertisers is the audience involvement, and how people are experiencing, interactin with, & utilizing the content…not simply the audience’s eyeballs.

Fascinating stuff.

Mr. Monk and the Blog Reviews

by

MR. MONK GOES TO GERMANY is author/publisher/editor/reviewer/man-of-the-world Ed Gorman's favorite Monk book so far. He says, in part:

For me the only thing more fun than watching Monk is reading the
adventures Lee Goldberg creates for him.

[…]As usual Mr. Goldberg not only keeps the story rolling, he also
gives us a plenty of smiles and out-loud laughs along the way. This
time he gives a sense of a foreign milieu as well, some very sly travel
commentary from time to time. The Monk books take a series that
is one of the best on TV and makes it even better. No small
accomplishment. I can't wait for the next one

But if that wasn't flattering enough, Ed goes on to talk about my novel THE MAN WITH THE IRON-ON BADGE.

Whenever I review one of Lee's books I feel guilty if I don't mention his masterpiece, The Man With The Iron-On Badge. This
is a novel that pays tribute to the classic private eyes by introducing
a funny, cranky, sly and very bright guy named Harvey Mapes who between
honoring his twin obsessions junk food and crime fiction on page and tv
screen manages to become more than just a security guard–he becomes a
private eye, kind of.

[…]The mystery here is cleverly drawn and not without grit and real
suspense. The other aspect is the tour of LA that Lee/Harvey takes us
on. Too much of LA fiction plays the usual songs. But the cunning
detail in Iron-On Badge makes everything from gated communities to
eating at Denny's seem brand new. This is because we're seeing it
through the eyes of a burned-out working class guy who takes us inside
his dotty but endearing fantasy life.

This is one of those novels that will be around for a long, long time. It's that good.

I hope he's right, though the book is hard-to-find. I still haven't managed to get a deal for a mass market paperback edition…but I'm working on it.

Thanks so much, Ed!

The Church isn’t Above the Law

by

The Los Angeles Times reports today that the LAPD has arrested a school official who covered up reports that a teacher was sexually molesting students.

The dean of students at a South Los Angeles school was arrested
Thursday for allegedly concealing evidence that one of his colleagues,
former Assistant Principal Steve Thomas Rooney, had a sexual
relationship with a student.

Alan Hubbard, 49, was charged with two felony counts of being an
accessory after the fact to a crime and dissuading a witness, according
to the Los Angeles County district attorney's office. After
surrendering to Los Angeles police, he was being held in lieu of
$120,000 bail late Thursday and was scheduled to be arraigned today.

What infuriates me is that the police don't arrest Church officials who cover up sexual abuse by priests. The law applies to Church officials as much as it does to educators. What the Church did by protecting child molesters is every bit as reprehensible…and illegal.

International TV Drama Summit

by

Mxlogo
The MediaXchange, the folks responsible for all of my European TV adventures, is hosting a "TV Drama Summit" June 25-27 in Los Angeles with some of the biggest names in the industry. They will be offering an invaluable, global over-view of where scripted drama is at today…and where it needs to go creatively and financially in the future.

Fox TV Studios, CBS, the Hollywood Reporter, and NATPE are just a few of the major sponsors of the event, which includes speakers like CBS Paramount Network Television president David Stapf, USA Network topper Jeff Wachtel, Scott Free productions president David Zucker, CLOSER showrunner James Duff, HEROES showrunner Tim Kring, Tandem Communications topper Rola Bauer, and my buddy Daniel Hetzer, VP of programming and co-productions at Fox TV Studios, to name just a few.

If you want to compete in the ever-changing, scripted drama industry, here or abroad, you'll want to go to this summit. I'll be there. For more information, visit the MediaXchange site.

Can Dirty Harry be far behind?

by

Over the last year or so, Rambo, Rocky, John McClane, and Indiana Jones have all emerged from their bungalows at the Motion Picture Home after decades in retirement to do battle in the box-office once again, Geritol in one hand, a syringe full of botox in the other. Now comes the news that Eddie Murphy is returning as Beverly Hills Cop, who was last seen in 1994. Brett Ratner is directing, no writer is set yet.

Inside THE MIDDLEMAN

by

Slice of SciFi has a lengthy and very entertaining Q&A interview with my friend Javier Grillo Marxuach about the development and production of his new ABC Family series THE MIDDLEMAN. Warning: his enthusiasm and glee for TV is infectious.

Actually, the best day was when they had the Harrier jet here. They had
like half a jet in the stage and we were climbing in it and doing all
that. Yes, it was good. I’m sure that there are other shows where
people have a ton of fun and all that, but I’m sure that they don’t
have this kind of fun on Law & Order, you know; I can tell you that
right now.