Return to the Past

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I just got back from our whirlwind road trip through central, northern, and coastal California. Along the way, we stopped in Capitola, where I spent most of my weekends as a child. The cabin we used to stay in (the yellow one), and the beach haven’t changed much. The village is much more "upscale" compared to the shabby, hippie-dippy feel it had in the late 1960s and early 1970s when I was there but I was relieved to see that it hadn’t lost any of its charm. It’s basically the same as it always was. 

I sat on the beach and watched the kids playing. They were about eight or nine years old. I could have been looking forty-some years back in time at myself and my friends. I know it’s a cliche to say this, but it seems like it was a much more innocent time when I was growing up…or maybe we were more naive. I’d have breakfast with my parents and then they wouldn’t see me again until dinner, unless I was playing on the beach or in the river. Otherwise, I’d roam freely all over town, visiting the used bookstore, shopping at Disco (a Wal-MartP3270483 type store in its day), playing with my friends, having an ice cream at the Dairy Queen, walking to the  Crockers in Soquel for a cheeseburger, or looking at the magazines at Nussbaum’s grocery store. Some times I’d run into my Mom,  who would be shopping for antiques, chatting with the artists at the galleries, or browsing the clothes at the Plum Tree. My Dad always stayed outside the cabin, reading books or chatting with the neighbors. Even at night, we were allow to go off on our own to  play Skeeball until 9 pm.

If I had a cabin there today, I would never let my daughter roam around town unsupervised…and she’s twelve. When I was a kid, I knew all the shopkeepers and they all knew me. So, in a sense, the town was watching out for me. Maybe that would also be true today
for my daughter…but I doubt it.

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When I think of the freedom I had when I was my daughter’s age and younger…and, by contrast, how much we supervise her….I wonder if times have changed or if I am being over-protective.

(You can click on the photos for larger images)

Poking a Sleeping Tiger in the Eye?

Lately, fanficcers seem intent on testing how far they can claim "ownership" of their work before the authors/rights-holders of the original media properties take legal action (just look at the Organization for Transformative Works or the Rowling dispute).

But now there is a new wrinkle. For many years now, a group of ardent STAR TREK fans have been producing STAR TREK: THE NEW VOYAGES (aka STAR TREK: PHASE II), their own, hour-long version of the original series. Original cast members like George Takei and Walter Koenig have "guest-starred" on the web-broadcast episodes and FX experts from the various "real" STAR TREK series have donated their talents to the project. So far, Viacom/Paramount has turned a blind eye to the project, presumably since it’s a "fan production" and nobody has tried to make any money off of it.

That could change.

I just got my 2007 Nebula ballot from the Science Fiction Writers of America and among the movies & TV shows vying for the Script award is "World Enough and Time," an episode of STAR TREK: THE NEW VOYAGES written by Marc Scott Zicree & Michael Reeves that "aired" on 8/23/07.

Here’s the problem. The  Nebula Rules state that to be eligible for the award that it must be "a professionally produced audio, radio,
television, motion picture, multimedia, or theatrical script."
But the fans behind STAR TREK: NEW VOYAGES have claimed repeatedly that what they are doing absolutely isn’t a professional production, it’s just for fun, the video equivalent of fanfic:

The
cost of the production is being paid out of pocket by the producers/crew. Yes,
it is expensive, but we’re fortunate to have many talented people donate their
time and money for a worthy cause and a once in a lifetime trip around the
galaxy! We in no way make money from this show and we all volunteer our time,
effort and our own money to bring these shows to the internet. If you desire to
help us in that capacity, please see "How can I donate" below

[…]Due to copyrights, there are no stations broadcasting our episodes.
Star Trek: Phase II is a web-series. The episodes are available for
FREE via the Internet. IF YOU FIND OUR EPISODES FOR SALE or RENT
ANYWHERE, WHAT YOU HAVE FOUND IS AN ILLEGAL COPY. We cannot and do not make any money from the episodes. We ask you to inform us if you find anyone selling our work.

If they are now claiming to be a professionally-produced program, it puts their "fan" status in doubt…especially if they are now hiring writers…and it could bring Viacom/Paramount crashing down on them.

There’s no question that all the other nominees in the Script category were paid for their screenplays. The inclusion of the script by Zicree & Reeves among the nominees (CHILDREN OF MEN, THE  PRESTIGE, PAN’S LABRYNTH, etc.) suggests that they were paid for their work, too. If they were, that’s a big no-no… and would also seriously undermine the claims by the producers of STAR TREK: NEW VOYAGES that they are just doing the Internet equivalent of putting on a show in the barn for their friends.

It will be interesting to see what happens next.  Could Zicree & Reeves’ submission of their script for a Nebula spell the end of STAR TREK: NEW VOYAGES…?

UPDATE:  I’m not plugged in to the SF scene so I had no idea that a controversy about this was already raging. See the comments section for statements from Marc Scott Zicree, who says he was paid for the script so it’s a professional job, and ST:NV producer/star James Cawley, who emphatically maintains that his show is not a professional production and should not have been nominated. It will be interesting to see how this affects the future of ST:NV, not just with Paramount but with SAG, DGA, and WGA…

Mitzvah for Tod

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My brother Tod’s story "Mitzvah" in Akashic’s anthology LAS VEGAS NOIR got a shout-out in a positive Publishers Weekly review today:

Columnist Tod Goldberg’s
“Mitzvah” makes good use of the Las Vegas myth that people come to the
city to bury their past identities and reinvent themselves. His
antihero, mobster Sal Cuperine, has for years posed as Rabbi David
Cohen, managing to handle the demands of the pulpit until the strain of
his charade becomes too much to bear. 

Absent from Duty

Sorry I haven’t been posting much lately — I’ve been working hard on my seventh MONK book (due April 30th) and a couple of other projects, which hasn’t left me much time for the blog (or The Bog as Paul Guyot used to call it). What’s nice is that now I can call Bill Rabkin and my brother Tod and whine to them about meeting my deadlines. I was doing that before, but now that they are also juggling tie-in writing assignments with their other work, they know first-hand what I am going through. I am looking forward to this summer, when Tod and I will both have new books out and can do signings together, and next January, when Tod, Bill and I will all have books out at the same time. It should be fun… certainly more so than hitting the signing trail alone.

Kentucky Woman, She Shines in her Own Kind of Light

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I’ve got some good news to share…my original screenplay "Mapes For Hire," based on my novel THE
MAN WITH THE IRON-ON BADGE
, has been nominated for an Angie Award at the second annual International Mystery Festival in Owensboro, Kentucky …even better, the script will be performed on stage  like an old-time radio show during the festival at the Riverpark Center. Other nominees in this category include scripts by Ray Bradbury, Rupert Holmes, and my friend Robert S. Levinson, so I am in very good company.The winner gets a statuette, a couple of grand in cash, and maybe even a bucket of Colonel Sanders fried chicken. All of that would be nice, but I can’t wait to "hear" my script performed, which is prize enough for me.

It’s Just Pathetic

The Diary of a Mad Editor tackles the fanfic issue. He says, in part:

[…]fan fiction isn’t a bad thing just because the writing’s
bad – it’s bad because it also undermines the integrity of the original
work […]Clearly, though, there is a difference between what Goldberg writes and what some acne-faced turd on Quizzilla.com or FanFiction.net writes.

[…]See, Goldberg’s
writings are licensed by the original creators of the characters he
writes about whereas fan fictioneers are infringing on the original
authors’ copyright.
One form of writing is done by professionals for commercial purposes
and the other is done by delusional amateurs purely for love/self-love.
Here’s the problem — now the fanfic losers want copyright protection
extended to their “original” creations.

He believes that if the efforts by the Organization of Transformative Works to extend copyright protection to fanfic are successful, it could have a wide-ranging, negative impact on all writers.

If fan fiction receives legal parity with original work, it would
create a wave of frivolous lawsuits in which any author of fan fiction
could claim that the original author stole their ideas. As a writer, I
cringe at this very thought. Giving derivative works that kind of
legitimacy would destroy any value intellectual property protection has
for writers.

I think he sums up the fanfic issue pretty concisely when he says:

A 14 year old kid writing fan fiction is unfortunate but forgivable,
but when you’re 30 and still writing it, it is just pathetic. If you
want to be taken seriously as a writer and have full copyright
protection and all that good shit, write something original and worth
reading.

Don’t Expect the “Truth” about Self-Publishing from Someone Who Runs a Vanity Press

Earlier this month, I told you about a scam called "Beneaththecover.com," which purports to offer authors inside news and expert advice about the publishing industry when, in fact, it’s just a front for a bunch of vanity press and book promotion hucksters selling their wares.  This point was driven home the other day when one of their so-called "experts," vanity press publisher Yvonne DiVita, offered this outrageous lie in a post she had the chutzpah to title "POD Myths Dispelled – Get The Scoop Here":

In today’s
emerging digital world, if you truly want to attract that big name
publisher, use a professional POD firm to self-publish because the big
name publishers are watching.

The best way to attract a publisher is to write a good book, not blow thousands of dollars having it printed in POD form by a vanity press. If anything, printing your book in POD is more likely to prevent a publisher from taking you or the book seriously.

DiVita is one of a pack of POD vanity press hucksters who prey on the gullibility, desperation, and ignorance of aspiring authors. She argues that vanity presses aren’t merely printers but real publishers because they pay more attention to their authors than real publishers do.  What she neglects to mention is that vanity presses like hers make the vast majority of their money off their authors, not from booksales, and that all that attention they slather on their clients (not authors, ladies and gentlemen, clients)  is to convince them to spend even more on their worthless services.  She writes:

IF authors don’t sell enough books with their publisher, POD
or otherwise, the author isn’t trying hard enough. I’ve worked with
traditional publishers, and they require an extensive marketing plan
from authors before they will consider publication. And research shows
that books published by traditional publishers sell around 150-300, on
average.

That’s right, blame the author for the fact that their POD vanity press books aren’t sold in stores and are unlikely to sell to anyone but the client… and then back it up with pointless "facts."

I’ve had over two dozen books published by real publishers. No editor has ever asked me for an "extensive marketing plan" before considering my books.I’ve also asked a few published friends…and they have never been asked for marketing plans, either. But they are novelists, and perhaps they would be asked for one if they wrote non-fiction. So let’s give DiVita the benefit of the doubt and say publishers want marketing plans along with non-fiction book proposals. To which I say… So what?  How is that a persuasive argument for going to vanity-press instead of a real publisher? You’ll need a marketing plan either way. The key difference is that a real publisher will pay you and a vanity press will ask for your credit card number.

I’ve scoured the web and I can’t find any "research" that backs up her outrageous claim that most books published by genuine publishers sell only 150-300 copies.

The closet statistic I could find to her numbers was a 2004 Bookscan study that tracked sales of 1.2 million books sold that year. According to their figures, the average book of any kind published in 2004 sold 500 copies. The study noted that only 25,000 titles sold more than 5,000 copies each,
500 sold more than 100,000 copies and only ten sold more than a million
copies. But the figures are controversial, because the sales were not broken down by genre, like fiction or non-fiction, nor did they differentiate between titles from large
publishers or small ones, traditional publishers or vanity presses.

But lets pretend her figures are right. How is that an argument for going to a vanity press? Authors published by real publishers whose books only sold 500 copies in 2004 were still paid to be published.  They earned money, though not as much as they’d hoped.

By comparison, most vanity press authors will lose money because they paid to be published. But don’t take my word for it, let’s look at the 2004 sales figures from iUniverse, the biggest name in self-publishing:

18,108: Total number of titles
published

792,814: Number of copies
printed

14: Number of titles
sold through B&N’s bricks-and-mortar stores (nationally)

83: Number of titles that sold at least 500
copies

Out of 18,000 titles and nearly 800,000 copies printed, only 83 authors sold more than 500 copies. Good God. Think of all the money that authors lost …and how much iUniverse made. That’s the business that DiVita is in…and it’s a profitable one. For the printer, not the author. 

So what is the truth about POD self-publishing companies? It’s obvious. Vanity presses are in the "author services business", not the publishing business which, in a rare bit of candor, even DiVita concedes on her vanity press website:

Windsor Media Enterprises specializes in author services. We  offer idea development, manuscript critiquing, editing, proofreading, formatting and cover design, for new and existing authors.

And for that, they charge you a price and that’s how they make their money. That is their business. And if your book,  by some miracle, manages to sell a few copies, they make a little more. 

A vanity press will tell you any lie they can to convince you that they are real publishers (when they are merely selling editing and printing services), that self-publishing is the route most successful authors take (it’s not), and that you have as much of a chance to sell books with them as you do going with a traditional publisher (you don’t).

Is Yvonne DiVita really someone qualified to give writers sound advice? Or is she someone with a clear conflict-of-interest hoping to coerce naive authors into buying her product? The answer is obvious, and it came right from the founders of Beneaththecover.com  when they tried to solicit my brother Tod into being one of their experts:

Beneath the Cover is a cooperative venture for building marketing platforms of everyone involved.

That’s what should be written on the masthead of their home page, not "Where book industry professionals who know almost everything go to discuss news, insights, and evolving industry issues." And it should be stated in big print on each and every piece of "advice" that they give.

Dumb and Dumber

Back in 2006, I wrote about a TV bootlegger who bought advertising on Google to promote his various websites.  Now it turns out that the moron has been using the address of a Winnipeg newspaper as one of his many false return addresses:

If you want to keep it secret that you’re selling pirated DVDs, it’s
probably not a good idea to use a major Canadian newspaper as your
return address.

Over the last few days, several packages of pirated DVDs have been shipped to the Winnipeg Free Press from disgruntled customers around the world.
The packages originated from entities called DVD Avenue.TV, DVD Store, AllMyFavoriteShows.com and Expediteur,

Gary Osmond, the Canadian Motion Picture Distribution Association’s
director of investigations — anti-piracy operations, said the DVDs
received by the Free Press are connected to the massive seizure of thousands of counterfeit DVDs by the RCMP in Montreal just before Christmas.

More than 200 DVD burners were also seized by police and eight people
were arrested who are facing fraud charges under the Criminal Code and
Copyright Act.

But Osmond was surprised to hear the DVD pirates had used the Free Press’ address.

"They’re not too smart," Osmond said.

"In Montreal, they used post office box numbers for Canada Post or
private companies. There was one legitimate address in Montreal, but it
was a hole in the ground with a building being constructed.

"Yours is the only legitimate address and the first in Winnipeg."