Like a Cancer Grows #Trademark #WhenAuthorsAttack

The end of last week has been one for the record-books in terms of controversy and angst in the publishing industry, and in particular the Romance industry.

Let me explain in very general and vague terms what's going on, if you haven't heard already, which isn't likely.

In a nutshell, an erotica author has apparently trademark registered a word in relation to her titles and her series and has been sending C&D (cease and desist) letters to other authors with the same word in their title and threatening them with a lawsuit. From what I understand, she personally has been sending them. Not her alleged attorney.

Can she do this?


Well, that's the debate. The fact is she has a trademark registered (that's been confirmed) for both the stylized version of a word and the word itself--which she apparently sees as part of her brand--and she has been sending letters to other authors whose titles she views as infringing on her trademark. She's threatening said authors with legal action if they don't "simply" change their titles--as if simply changing a title is all there is to it. No regard for the fact this also means purchasing new cover art, ISBN numbers, changing out everything on current blogs, websites, social media, destroying all existing print copies, graphics, banners, promotional items and swag the author has invested in that might carry the title in question--the types of materials many authors have already been purchasing and stockpiling for the upcoming conference season. Yeah, it's no "simple" thing.

And whether it would stand up in court or not, authors are being advised (or are simply making the personal decision) to "just" change their titles, plus investing all the time and energy in erasing all evidence of that title from existence as well as destroy all related tangible materials that they've already purchased rather than undergo the expense of a lengthy court battle with this individual.



Needless to say, this has resulted in a huge pushback-backlash flamewar, where a lot of anger, outrage and just plain WTF? is being directed at this author by her peers and many readers (from which she may never recover IMHO).

I'm not going to go into a debate on this particular topic (believe me, there have been the equivalent of novels written on this subject already--most on Twitter and FB) and you can read more on the legal take on this well-written blog but I am going to weigh in on how this could come to light on our doorsteps as SFR authors.

Because this author didn't stop there. Phase II and III is apparently to go after authors who have used the same stock images she used on her covers, claiming they have "copied" her (unoriginal) images that they or their cover designers purchased from a stock image company, and going after authors for using the same character names in their books that she used in her series.

This is making life stressful for other authors because until someone goes to the expense to challenge the trademarks/claims in court and a decision is made as to the legality of the trademark (or the author takes action to withdraw the trademark--not even sure how that works), this is probably going to continue.

And though I think it may blow over pretty quickly due to some other information that has surfaced, it has led to a knee-jerk reaction of other authors scurrying to trademark elements of their work.

Can you imagine if that becomes a trend? Can you imagine having to research a trademark for practically every element of your work? And can you see it eventually bleed over into our little corner of the literary universe, and authors start registering trademarks for, say "space," "stars," "planet," "alien" or "nebula?" That would impact a whole lot of books in our little genre.

For instance, of those books we co-bloggers have published alone:

Inherit the Stars
The Inherited Stars Series
Ghost Planet
Pets in Space 1
Pets in Space 2: Embrace the Romance
Unexpected: An Alien Romance
and possibly even Starheart and StarDog...because 'star.' 

And "character name" infringement, if it goes that far, could stop me from re-publishing the expanded version of Courting Disaster without changing the name of my StarDog, Luna, because Pets in Space 2, which predated this insanity (not that that seems to matter) is now out of print so the expanded reprint would essentially be a "new work." (Not sure on the legalities of that, just my assumptions.)

So this is pretty big, but it could soon get monumental as more and more authors panic and turn the throttle up on self-defense mode, which eventually de-volves into assault mode. This is how peerships break down. This is how an entire industry implodes.

It's serious enough that even RWA has taken note and is requesting anyone who has been threatened by this individual over copyright infringement please contact Carol Ritter. Word is, RWA may be gathering information prior to consulting an IP attorney. In other news, a retired IP attorney (and current author) plans to file a legal challenge to the trademark.

The book industry has always been the sort of business where one author encourages their customers to buy other similar products from other authors. Readers buy lots of books, not just books from one author, and the more we suggest other wonderful titles that they may enjoy reading, the better for everyone--authors, readers and sellers. It's one of the great things about being an author.

As I recently tweeted, my mindset has always been that "A rising tide floats all boats," not "Let's torpedo my peers!" (We all know how that turned out in Hunt for Red October.) IMHO, the entire cooperative spirit could change overnight if this trademarking scourge becomes rampant.

Let's hope that doesn't happen. Let's hope this is squelched before it has a chance to grow like an aggressive cancer. But, really, as a small indie author, I'm feeling pretty powerless right now. Like a leaf in the wind, so to speak. (No trademark infringement intended to the Firefly/Serenity franchise, only flattery for a great phrase.)

Hopefully, like all dark times, this too shall pass....

Please try to have a great week. Really!

MORE, MERRIER: SERIES CAST GROWING

I’ve never been an A+B=C kind of writer. Even with the first book in my Interstellar Rescue series, Unchained Memory, I played with multiple timelines, points of view and subplots. In that book, those tricks of the writer’s trade were necessary to keep the reader guessing about the true nature of the heroine’s past and the future threat she and the hero faced to reach their HEA.

Playing with the reader’s preconceptions and making her question what was going on was something I’d learned from watching television classics like The Twilight Zone and The X-Files. But as I continued with the IR series, I found those tricks became signature elements of my style. Like I mentioned last week, making my characters question the foundation of their cozy existence is an essential part of what I do with my contemporary SFR.

Of course, as I added titles to my series, the cast of characters got bigger, too. My universe expanded every time I wrote a new book, and, since I have fans who follow the series, sometimes they want to see old favorites make an appearance. Often, it’s not just for old times’ sake, either. Older characters may have ongoing roles to play in the universe I’ve created, so they keep showing up to do their jobs.

The challenge then becomes to limit these characters’ POVs, then to integrate the subplots they generate with the main external plot and the romantic arc between the hero and heroine in such a way that it’s not an unwieldy hodgepodge. No easy task (just ask the writers of the latest Avengers disaster, uh, movie).

Fun fact: characters change as they take on new roles in different books. And maybe they aren’t as nice as you’d like them to be. Rescue Agent Rayna Carver, the heroine of Fools Rush In, Interstellar Rescue Series Book 3, was never one to follow the rules. But in Not Fade Away, Interstellar Rescue Series Book 4, Rayna, has been promoted to Rescue's Chief of Field Operation. The stubborn hero of the book, "retired" Rescue Agent Rafe Gordon, finds out Rayna can be just as hard-headed in her new position as enforcer of the "regs.". 

The look on Charlie’s face—hurt, betrayal—sent an arrow of pain straight through Rafe’s chest. Damn it, why couldn’t they have let him handle this his way?

He started after her. “Charlie!”

“Let her go.” Rayna grabbed his arm. “You know you’ve allowed that to get way out of hand, right?”

He snatched his arm out of her grip. “That is my personal life—and it’s my business. I didn’t mean for Charlie to get involved in it, but it’s not like I could predict when that assassin would show up. She handled it like a pro—she deserves to know what’s going on.”

“I don’t need to tell you why that’s a bad idea,” Rayna said, her expression grim. “Especially if you care for her.”

Anger flared in his chest. Anger—and guilt. He’d put Charlie in the crosshairs with him and Del. The safest thing for her would be to stay far away from them. But the thought of living without her stole the air from his lungs. He forced himself to breathe.

“Why are you here, Chief Murphy?” He had to resolve this once and for all. Rescue had ruined his day for the last time. “I’ve told you Del is not gonna be a snack for your Thrane brain eater.”

“You may say different once you hear what we’re really up against.” Rayna’s stubborn expression mirrored his own unwillingness to compromise.

“We’ve got plenty of trouble right here,” he said.

Rayna ignored that argument. “We think the Grays have tested their weapon—the one that was maturing at the T7 labor camp. Two days ago, a nonaligned planet in Sector Five was stripped of its power sources and working technology in a matter of minutes. When the Grays swept in to occupy the panicked world, the population had no defenses. People are being organized into slave labor battalions as we speak, to work factories, crystal mines and industrial farms.”

Rafe’s jaw clenched. “It’s not the first time the Grays have taken over an entire planet.”

“No. But it’s the first time they’ve done it without outside help,” Rayna countered. “No Thrane mercenaries. No troops of any kind. Intel says just the usual Ninoctin guards and mindwipe facilities.” She shook her head, and the face she turned up to him now was horrified. Desperate. “A whole planet, Rafe. Without a shot fired in resistance. Do you understand what I’m telling you?”

“But if the weapon has been unleashed, we’re too late,” he said, guilt warring with relief in his chest. “The thing, whatever it is, is fully mature and on the move. What good would it do to know where it was hatched?”

Rayna exhaled. “The Grays lost at least one of their escort ships when the weapon was used. Maybe as many as three of them. The Grays will have to go back home and regroup before they try it again.”

“You hope.” Rafe heard the weary sarcasm in his voice; he hated that sound of defeat.

Rayna met his gaze, fire in her dark eyes. “Yes. We all hope. Because if we don’t get there to stomp this thing to death while it’s down, we might as well all line up for the mindwipe. The Grays will have won not just the battle, but the whole freaking war.”

Not Fade Away, Interstellar Rescue Series Book 4, is available for pre-order NOW on Amazon!

Cheers, Donna

Where does YOUR favourite super hero fit?

All this talk of Infinity Wars segued nicely with discussion about genre and classification in fiction, and had me thinking about super heroes and their powers. I've never been too sure where super heroes fit in the genre pool - although I suspect they'd be in SF and Fantasy. But is that really right? I'm not a great super hero fan these days, though I read the comics in my youth. I'll tell you what I think, but feel free to add, or include corrections. Let's see...

Superman
No brainer. He's an alien so, SF

Batman
He doesn't have any super powers. He has a bunch of fancy gadgets and he's a great athlete. I'd say he's contemporary crime.

Iron Man
Like Batman, Iron Man is a very rich man with a penchant for amazing gadgets. Contemporary crime with maybe a nod to SF because of the amazing suit.

Thor (and Loki)
Another no-brainer. They're Norse Gods. Out and out fantasy.

Star Lord
Guardians of the Galaxy is space opera, for sure. But as revealed in GoG2, Star Lord is the son of a god. So he slips into the fantasy realm.

Spiderman
Peter Parker obtained his powers when he was bitten by a genetically-modified spider, so I'd put him into SF.

Green Arrow
A superb archer with a bunch of trick arrows. This is another wealthy businessman who moonlights as a crime fighter. Contemporary crime.

The Hulk
Another professor mixing up chemicals he shouldn't. Kind of like a modern day Dr Jekyll and Mr Hyde. That makes him SF.

The Flash
I gather he's just very, very fast. I'd put him into fantasy.Maybe soething like a mutant?

Wonder Woman
A Greek Amazon, daughter of Hippolyta and Zeus. Fantasy.

Black Panther
Hmm. It's a fictional kingdom, but to me there are overlaps with the Phantom and Batman. He's a very fit guy dilettanting from kinging as a crime fighter. Contemporary crime.

The Phantom
The Phantom is a man with a 400-year family history, the title passed from father to son. Contemporary crime.

Yoda
He's representative of all Force users. As far as I'm concerned, although I'll admit to thinking it might be a real thing, the way Force users are portrayed in Star Wars puts Yoda etc into fantasy land.

That SF and F bucket is a bit like Hermione's bag - totally extendable and able to fit just about anything. Just as well, eh?

And on another topic, I'm taking part in the ALS association's 'go blue for May' campaign. Pippa and Laurie have both talked about it on their posts. Here's a link to my own website, talking about this excellent cause. We'll all be donating 25% of money earned on the sale of our books to ALS research. So if you're looking for a good SFR or paranormal read, head over here - and know you're donating to a great cause.

http://www.leakirk.com/supporting-als.html

Happy Beltane and Go Blue For May

Today is the first of May and Beltane, a day symbolising the start of summer, the end of the chilly weather *stares out window at galeforce driven winds* okay, in theory, and for me a celebratory month. Today also sees Romancing the Genres celebrating its 7th Blog-o-versary. The topic is surprising things people don't know about us that have happened over the last seven years, and we've been encouraged to do giveaways! My post will be on the 18th of May, and you'll have to wait until then to know my surprising fact and what I'll be offering up, but I also have an extra post on the 5th of May with what I'll be celebrating this month and why May is so very special to me.

Bonfires are of special significance for Beltane - deemed sacred - so you may be wondering why my ring of fire above is blue. Well, as Laurie posted yesterday, we are going blue for May!

Looking for Blue skies and smooth sailing to cure ALS

May is ALS Awareness Month and twelve sci-fi/paranormal/time-travel romance authors have joined forces to donate 25% of their May book sales to the National ALS Association! Help us raise money to support the ALSA in their mission to provide care for ALS patients and continue their research to find a cure for this heinous disease.

Look for these hashtags on Twitter to find and help support our efforts:

#ThinkBlue
#Authors4ALSA
#ThinkBlue4ALSA
#BlueCovers4ALS

Find more information and links to all the participating authors on the landing page (Lea’s site):
http://www.leakirk.com/supporting-als.html

Or check out the Blue Book Cover Brigade Team Page on the ALSA Site (where you can also find more information on the condition, the association and their work, and more ways you could help):
http://webgw.alsa.org/site/TR/Endurance/GoldenWest?team_id=367681&pg=team&fr_id=12950
ALSA Twitter: https://twitter.com/napaALSride
ALSA Facebook Group:  https://www.facebook.com/RidetoDefeatALS/?hc_location=group

Pssst, if you already have Keir I've decided to donate any proceeds from sales of any other of my blue cover books, so even if you just opt for my short story Reboot at only 99 cents, you'll still be contributing to the cause! Just click any of the covers below to go to the sale links, and be sure to check out all the other authors books by going HERE: http://www.leakirk.com/supporting-als.html

And May all your skies be blue!

Chook Update
Goodness, it's been a while. Not sure where we got to. So...

Phasma in the snow...just over a month ago

New girl Phasma has laid her first eggs! It took us a while to figure out it was her as unlike the Pekins she doesn't perform the loud and proud egg song after laying. Instead we get a mournful banshee wail if she can't get in to lay - chickens have this weird thing that no matter how many nest boxes you provide them with, they all want to lay in the same one (and often all at the same time!). Or in the case of mine, the corner between the two nest boxes, and they will all try to squeeze in (or stand outside complaining). However, she's now gone broody and a savage one at that. I have to wear gardening gloves to turf her out of the nest box so the others can lay! Oh, well...

Kairu with Scoop in the background

More surprising was catching old timer Kairu back to laying eggs. At almost five years old and after she struggled at the end of last year, we thought her egg days were over (garden hens average 5-7 years in age, and grand matriarch Scoop, who is 6, stopped laying at age 3). But nope.

Saffie considering a cooling dip during a brief heatwave!

And then new girl Saffron started laying too...which is just as well as baby Firefly went broody for the first time after laying for just four weeks. But that's a good thing because...

Hatching eggs! Yup, having hatched Firefly last year - the only surviving hen out of 12 eggs - she's about to become a surrogate mum herself. As I don't breed my own, I'm concentrating on the passing on of skills. Firefly's surrogate mum Pitch (who sadly passed away recently) was a master forager, a fiercely independent and curious soul, and Firefly inherited that. So I'm really hoping her chicks will too. These are Barbu d'uccle eggs - also known as the bearded bantam. They're even smaller than my sablepoots (with which they share some genetics), with a neck ruff and feathered feet. They're reputed to be super friendly, and popular with children as their small size makes them easy to handle. Since my sablepoots have gone from refusing to hand feed to being constantly under my feet in the space of two months (compared to my Pekins, some of whom still don't want to know years down the line), and are related to d'uccles, I'm hoping for some really sociable girls. Nine days to go!

Writing Update
Um, don't even ask...

Cosplay Update
Youngest's Plague Knight costume is coming along...

 ...while I bought a couple of pieces for a quickie Tenth Doctor cosplay for eldest. Middle child's X-men Quicksilver just needs some gadgets made for his belt and his trainers painted silver.

Meanwhile it looks like I'll still be wearing my Anakin outfit, since I never seem to get time to do myself a new one. Sigh.