Latest / The Two Authors’ Podcast / Legal Hurdles in Publishing with Maggie Marr
Transcript
- 0:00If we're gonna blow something up,
- 0:01we're gonna make it a fictitious place.
- 0:02If we're gonna have a nice meal there,
- 0:03it can be a real restaurant.
- 0:04- And if you're gonna have a villain,
- 0:06maybe don't name it after your father or mother-in-law.
- 0:08Do you know what I mean?
- 0:09Like, there is this, you know,
- 0:11don't use real people's names.
- 0:13- Yeah, I always change them up a little bit
- 0:15in anagrammum and stuff like that, but yeah.
- 0:17- Yeah, you're asking them, don flat.
- 0:19I didn't appreciate that at all.
- 0:21(laughing)
- 0:25- Welcome to the Two Authors podcast,
- 0:27an entertaining chat show hosted by bestselling mystery
- 0:31and thriller authors, Douglas Pratt and Nicholas Harvey
- 0:34in lively, humorous and informative conversation
- 0:38with distinguished guests who share their thoughts
- 0:40and experience about forging a successful author career.
- 0:47- Welcome to this show brought to you as always
- 0:50by the fabulous fellow.
- 0:53- Who?
- 0:54- Who'd you say?
- 0:55- Who'd you say Doug?
- 0:56And have you last, hello.
- 0:59- That's the enthusiasm.
- 1:00- That's right, coming in here hot and strong
- 1:03and ready to destroy your formatting needs.
- 1:07(laughing)
- 1:09- Oh my God.
- 1:11It like sounded like a wrestling commentator guy.
- 1:14- I could probably be a wrestling commentator.
- 1:16I don't know, I was just talking to him the other day
- 1:18about how amazingly quick and responsive Velom is.
- 1:23Like they were, they had a problem.
- 1:24like just email them, they'll fix it.
- 1:26Like they fix these problems, they have a problem,
- 1:28they're just, they're on it like super fast.
- 1:30So, you know, they had a problem earlier this year
- 1:32and it didn't affect me, I don't know if it affected you
- 1:34or not, but I did read on some things
- 1:36where people were talking about how a KDP had a band,
- 1:40a couple of fonts that they were used to and--
- 1:42- Wait, wait, wait, wait, wait.
- 1:43They banned fonts.
- 1:45- Well, I don't know if they--
- 1:45- Well, they were misbehaving.
- 1:47- Yes.
- 1:48- They were pretending to be other fonts,
- 1:50so they got themselves banned.
- 1:51- Well, maybe they just banned together
- 1:53and decided to become, there are, I think they were like
- 1:56wingdings or something like that, you know?
- 1:58Those are fonts that are just like out there,
- 2:00just hanging out being like, yeah, we're fonts.
- 2:02Yes, I'm a little square.
- 2:03- I'm a fonts man.
- 2:04- I'm trying to see how.
- 2:06- We're here for the party mate.
- 2:09(laughing)
- 2:10I'm a Garamond, I'm gonna kick your ass.
- 2:14- You're wingding and a Garamond fighting in the back.
- 2:16(laughing)
- 2:17Club wingding!
- 2:19- That's it, you're banned.
- 2:20- This is how we lose our sponsors.
- 2:22It's right here.
- 2:22We have gone.
- 2:26Right.
- 2:26My point was they like vellum like within an hour or two had gone in and figured out how to fix.
- 2:33Like so these wingdings like how many people are using wingdings, but they're on it like this to fix it.
- 2:37That's how responsive I mean and if you message them for their customer service, I mean kind of last time I did it
- 2:43It was pretty quick. I mean, I think it was Brad going you're an idiot. Just look here
- 2:47But I appreciate that because that's what my wife tells me
- 2:51I think we're known as idiots up and down amongst the vellum staff as it's
- 2:56Somebody helped us with translation uploads and every time she's like very patiently like as I mentioned before
- 3:06Well like we did that she goes no you didn't do this one. Oh right my email yesterday
- 3:13She's very patient with us very yeah, no their vellum is great
- 3:17But it's I think if you have a problem with them their customer service top notch top notch
- 3:24Also makes you big. Thank you to all you patreon supporters out there. We've got some
- 3:28Great bonus questions on there. So if you guys jump on there, we've also got all sorts of other fun things
- 3:34But if you just find any value out of talk listening to us talk, you know, which could be good
- 3:40We are mostly you want to list our guest talk because that's why we ask you a question
- 3:44Yeah, but pop on over there. It is we greatly appreciate it
- 3:49It is not the cheap thing to put out this podcast and we appreciate all the help we have lots of extra
- 3:54This book goes a long way. Yeah, it's only $3 a month
- 3:57It's you know price going up soon get in now while it's only $3
- 4:02Yes, grandfather yourself in so but we also have a really great guest today who we got Doug who we got we have
- 4:09Maggie Maher who is a USA today best-selling romance author, but for our purposes
- 4:14She's also a former ICM motion picture literate city area agent.
- 4:19She's the founder of the Maggie Maher legal PC, a boutique entertainment
- 4:23and intellectual property law firm for creatives.
- 4:26You know what you are, Nick?
- 4:28You're a creative.
- 4:29I'm a creator.
- 4:29Oh, that's nice.
- 4:30I'm trying to keep up with this long winded brick and brilliant intro.
- 4:34She's an important person.
- 4:36She's very important.
- 4:37And she is, uh, she's going to be a great, give us some information
- 4:39about the legal side of things.
- 4:41So this is going to be very, very educational, very information.
- 4:46I hope you guys buckle up.
- 4:47But before we get started with that, we have a listener question from our recent
- 4:51guest, Kathleen Antrim.
- 4:55Kathleen Antrim, thank you so much for sticking around with us for a listener
- 4:58question. And you are an outliers writing university guru.
- 5:03So you're going to have a good one, I'm sure.
- 5:05What do you got?
- 5:06Thanks.
- 5:06Thanks so much, guys.
- 5:07What I would like to know from both of you is if you were just starting out today, what
- 5:13would you now, with your experience, advise your beginner self, you know, what to do and
- 5:21how to do it and what have you?
- 5:22What kind of advice would you give yourself when you were first starting out?
- 5:26Knowing what you know now?
- 5:28I got one.
- 5:29So, my first book I wrote in 2017 and I didn't know what to do with it.
- 5:34I was still working full time.
- 5:35I basically sat on it. I self-pubbed it so my mom could have a copy and sold 100 copies
- 5:41or something over six months or whatever. I basically did nothing for two years. Then
- 5:46I decided I'm going to do a career change and I'll have another go at this writing.
- 5:50If I'd only known that in 2017 was the tail end of a gold era for Kindle books. If I'd
- 5:57just promoted the book and done some promotion around it back in 2017, I could have really
- 6:04got a good jump start on my career back then. Instead, I waited until into 2019 and really
- 6:092020 when the Kindle market was now flooded and it was much, much harder to launch. So
- 6:16that would be probably, there's a million other things I tell myself too, but if I only
- 6:20got one, that would be it.
- 6:22Douglas.
- 6:22Okay. I would say the very first thing I had done was started a mailing list because the
- 6:29getting visibility and getting seen by readers is important.
- 6:34But once they see me, I want them to be able to stay with me.
- 6:37And early on, I was, I was still writing not full time.
- 6:41So I was not writing nearly as many books.
- 6:43So I was doing one or two books a year.
- 6:45So, you know, keeping that engagement up is super important with fans.
- 6:52So I would, that's probably one of the things I would have done early on
- 6:55instead of waiting way too long.
- 6:58Yeah.
- 6:58That's a good one.
- 6:59Great question, Kathleen.
- 7:00Thank you so much for sticking around.
- 7:02My pleasure.
- 7:03Great advice.
- 7:04Thanks guys.
- 7:09Welcome to the show.
- 7:10Maggie, it's great to have you with us today.
- 7:12Thank you.
- 7:13Thank you for inviting me.
- 7:15Yeah.
- 7:15Absolutely.
- 7:16It's a pleasure to have you here.
- 7:17We need smart people on here.
- 7:18And so we try them.
- 7:20Otherwise, just break the IQ of the show by it, like, you know, about four digits.
- 7:25So.
- 7:26- Well, I just got to get started off
- 7:27'cause obviously you work as an attorney,
- 7:30but you also have been in the publishing world anyway.
- 7:32So if you could give us kind of a real quick,
- 7:34like, you know, synopsis on how you got into publishing
- 7:38and into working with creatives.
- 7:40- And so I was an attorney practicing first in Illinois
- 7:43and then in Colorado and then moved to Los Angeles
- 7:46and started in the mailroom at ICM,
- 7:48which at the time was the second or arguably third
- 7:51biggest agency in the world.
- 7:53The day I started in the mailroom,
- 7:55There were three other attorneys in a PhD pushing mail cards.
- 7:58So I worked my way up.
- 8:00- No way.
- 8:00- Yeah, yeah, yeah.
- 8:01- You're a qualified attorney
- 8:03and you get to push a mail card around.
- 8:04- Yeah, so, you know, it's a kind of a tried and true,
- 8:08proven pathway to becoming an agent.
- 8:10So I eventually became an agent
- 8:12in the motion picture literary department.
- 8:14After a stint in books to film and TV,
- 8:16I represented screenplay writers and directors primarily.
- 8:20While I was an agent, I would write just for myself
- 8:23because I'd always been a writer
- 8:25And one of my colleagues sold my first book at auction in a two book deal.
- 8:30At that point, I had two young kids.
- 8:32And so I determined that writing, because someone had paid me to write, was much different
- 8:38than writing just for fun.
- 8:40And so I left agency and became a full-time writer for a while.
- 8:44But what happened was is that a number of my clients would still reach out to me to read
- 8:48their scripts and to look at their deals.
- 8:50Then when my author friends discovered that I understood books to film and TV, they would
- 8:55ask me to read their books and look at their deals.
- 8:59And then also having a background in publishing, you know, that kind of organically became
- 9:04part of my practice as well.
- 9:06So I think I was about five years in to practicing and writing.
- 9:11And my husband said, "Hey, you know, if you practice law five or six hours a day and you
- 9:16write, you know, two hours a day, you have an entertainment law firm. And I said, oh, yeah,
- 9:21I guess I do. So then I started treating it like a true entertainment law firm, but it's always been
- 9:27through word of mouth. And it's been through friends of friends referring people to me when they
- 9:33need some help with contracts or publishing or books to film and TV. And then I still have
- 9:38some directors, screenplay writers, restaurateurs, fashion designers. I like to think that the people
- 9:43I work with are people who take their ideas and make them into real things in the world.
- 9:49So. Oh, right. Yeah. Wow. What a wide background of experience in everything and entertainment.
- 9:59Yeah. I mean, have you been in the music industry?
- 10:03That is the one area that I don't I have done some clearances, you know, for
- 10:09authors and then for projects to clear to clear lyrics and things like that or to try to get
- 10:13licensing deals in place for people who want to use them. But music is a very specialized
- 10:18area. So I refer those things out. That's not my area of expertise.
- 10:23And you cover everything else. And you've worked in every other field. That's an amazing
- 10:28background.
- 10:29So I don't care. When an author like me does come to you, what kind of things would someone
- 10:35like me want a creative attorney for?
- 10:38- Yeah, yeah, I think it depends on your business, right?
- 10:41So a number of my clients are independently published authors.
- 10:46And so sometimes they will be presented with agreements
- 10:49from vendors that they work with,
- 10:50or they may want to have an agreement in place
- 10:53for vendors that they work with,
- 10:55whether that be for foreign rights
- 10:57or even cover designers or editors, things like that.
- 11:00I have some clients who have reached out
- 11:02and asked me to create agreements
- 11:04for people that they're working with, consultants,
- 11:07or like their PAs, things like that.
- 11:09So basically it's anything that you might need to review.
- 11:12Now I will say it's my opinion,
- 11:14but I'm an entertainment attorney
- 11:17that when things are starting to deal with your rights,
- 11:21how you're gonna convey your rights,
- 11:22how you're gonna license your rights,
- 11:24it doesn't have to be me,
- 11:25but my suggestion is to have someone review those agreements
- 11:29because I have gotten the bad side of that,
- 11:33meaning that somebody will enter into an agreement
- 11:35unrepresented and then they'll come to me and say, "Hey, I don't think this is exactly
- 11:39what I wanted it to be.
- 11:40Can you figure out a way to get me out of this knot?"
- 11:43And that can be a little bit challenging.
- 11:45Yeah.
- 11:46Yeah, I'm probably expensive.
- 11:47I guess it can be.
- 11:49I tried not to be meaning that, yes, for the longest time I wasn't really billing well for
- 11:55my time and it was actually one of my author friends who said, "You provide a service.
- 11:58You need to be better at that."
- 12:00Yeah, absolutely.
- 12:01But I too run a small business as most independent authors do.
- 12:06So there are a couple of things I took away from agenting.
- 12:08Like I don't bill to have calls with clients.
- 12:11I don't bill to zoom with clients and that's a little bit different.
- 12:14And there are times when we will do work for a flat fee so that a small independent author
- 12:19can know what their bill is going to look like and they don't get surprised.
- 12:23And then when we move things into the books, into the film and TV space or when we do a
- 12:29publishing deal, we will commission those deals. So that oftentimes, authors prefer that.
- 12:36So real simple question for you. You said mentioned about rights. I know we're going to
- 12:40talk with them, but I was kind of also talking about a little bit of copyright as well. And really,
- 12:45from the standpoint of an idiot author like myself, what is the difference between the two
- 12:50to start off with? Like, is there a difference? Is that the same thing? Are we, you know,
- 12:54a hearing word right? Right. So when I talk about rights, I'm thinking about like,
- 12:57your subsidiary and ancillary rights as well as your publishing rights because you license those
- 13:02to a trad publisher and when you create a book your copyright is automatic. However, if you file
- 13:07with the U.S. Copyright Office you get additional protections on your copyrighted work. I mean,
- 13:12one of those is that it shifts the burden of proof meaning that if you have filed it with the U.S.
- 13:17Copyright Office there is an assumption that that work is yours. So then if you find someone
- 13:23infringing on it and you have your copyright certificate, you can send that to Amazon and
- 13:28they'll take the infringer down. I do believe anyone smart enough to write a book can file for
- 13:33their own copyright at the US Copyright Office. That's not something in my opinion that you...
- 13:38I do it for people, but I bill them. And I think any author can do it for themselves.
- 13:43And the filing fee is only $65. Now, the website for the US Copyright Office is a government website.
- 13:49So the first time you do it can be a little bit challenging
- 13:52But once if you sit down with a cup of coffee have a couple hours of time
- 13:56Most authors can work their way through a US copyright filing most she said Nick
- 14:01I'm not sure about me but most yeah, well my wife's doing it for me, but the
- 14:07It's really simple
- 14:09And I think it's actually 45 for
- 14:12Books yeah at the moment, but there's there is something going around that it might get increased
- 14:18it's been put out there that it might go up considerably actually. And of course, the whole
- 14:23copyright thing has come to light very much with the anthropic lawsuit because copyrighted books,
- 14:29registered copyrighted books have been included in the anthropic lawsuit. So,
- 14:34dumbasses like myself and Doug here who found that, well, it's copyrighted as soon as you
- 14:41write it because that's what American Law says. Believed that and didn't copyright them and now
- 14:45not involved in that lawsuit, which is costly. So I'm actually going through the process
- 14:49of copywriting everything now. We're doing sort of over 30 books out there. So we're
- 14:54doing like four a week and uploading them.
- 14:57So smart. I think that it's always good to do it. I think the optimal time is within
- 15:01the first 30 to 90 days of publication. But if you missed that window, go ahead and do
- 15:07the filing.
- 15:08So that was my next question. If for a long running series at that point, is it worth
- 15:12going ahead and going through all of those. If you have 100 books, that's going to be
- 15:16either $6,500 or $4,500, right? It could be. It could be really beneficial. And if you run into
- 15:23a challenge, you'll be glad you did it. One of some of the biggest misconceptions that you've seen
- 15:28people have about copywriting. About copywriting. I don't know if there's misconceptions. I think
- 15:35that sometimes authors will not believe that there's a benefit to filing for copyright, and the
- 15:41the benefits are that it shifts the burden of proof.
- 15:43It also allows for statutory damages and attorney's fees.
- 15:48So if you run into a situation
- 15:50where someone's infringing on your work,
- 15:52that can be helpful in finding an attorney
- 15:54who I don't litigate.
- 15:56So if you need a litigator to pursue an infringer
- 15:59and you already have your copyright certificate,
- 16:01then they know that if they win that suit,
- 16:04there will be a payment to them as well as to the author.
- 16:08And then, you know, as more and more distributors,
- 16:10the first level of interface with say Amazon and maybe even Barnes & Noble is not a human.
- 16:16It is great to be able to upload or say, "I have the copyright on this." And then they
- 16:21are like, "Oh, okay. So there's a presumption that this is the correct owner of this work."
- 16:26So I think it's valuable.
- 16:28Well, my unprofessional opinion would be agree with you, but that was also, you know, life
- 16:32taught us those lessons as we came along, like Nick said.
- 16:36Yeah, we've learned to the hard way. We'll see whether that all plans out. There's been
- 16:40some stirring in there that someone challenged it. It should cover other stuff. We'll see
- 16:45where it goes.
- 16:47Now, a quick word from this episode's sponsor, Parallel Truth, a Kickstarter-exclusive graphic
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- 17:25Nation, November 10th through 13th in Las Vegas. Now we'll get back to the show.
- 17:31So for most indie authors, many indie authors out there are sitting there going, "Well, I
- 17:36don't have contracts. I'm indie. I'm not doing it. But that's not true, right? If you have
- 17:40a cover designer, you probably have a contract of some sort. And certainly your editor, narrators,
- 17:46all this, there's contracts involved. What are the indie authors need to be aware of
- 17:51that they're probably not aware of when it comes to that stuff?
- 17:53So one of the things that you can run into sometimes is that say you've done a cover
- 17:58and you maybe haven't entered into an agreement, then you may not own that cover, right? So
- 18:06where you own the rights to that cover. I've seen it happen where then say, and the author decides
- 18:11that they're going to license the publishing rights to a traditional publisher, they have to get
- 18:15clearance from the cover designer if it wasn't truly a work for hire and the author doesn't own it.
- 18:22Right. And I've seen that with artwork as well. Because, you know, especially in the Romantic
- 18:27space, and you'll see great art within independent books. Now, a number of authors do have those
- 18:34artists into work for higher agreements to show that the author now is the owner of that artwork,
- 18:40which I think can be really beneficial. I think it's just laying the groundwork so that if and
- 18:45when your business starts to expand, you're able to show the chain of title for these elements
- 18:51that you want to continue to utilize. And work for hire is a key phrase, is it not?
- 18:57It is. It is. It has to be specific within the agreement. And then also we put in language that says if that agreement was not deemed to be a work for hire that the artist hereby assigns all right title on interest to the copyright to the author.
- 19:14It's kind of like a fallback position because say you were to go to court and the judge said, well, there's really no this isn't a true work for hire agreement. Then it's an assignment of those rights to the author.
- 19:25And you just want to have ownership over as I believe in the author's benefit from having ownership over as much of the different elements that they put with their books.
- 19:36And all of this just proves, you know, a copyright proves that the author is the owner. The work for higher agreement proves that you own the art, you own the cover. Those things that become important elements for the entire book.
- 19:51Right. And so much of that is it's not about being able to get into litigation with somebody if they if they wrong you, it's about preventing that situation ever occurring if the language is right. Correct.
- 20:03Absolutely. Absolutely.
- 20:06In comparison, we talk copyrights talk about the trademarks like how should indie authors think about the trademarks like pen names. If you're using a different name than yourself or even your own name for that matter.
- 20:17like the imprints, logos, all the serious titles. I'm always kind of curious. There's a few Douglas
- 20:23Pratt's wandering around and they may be trying to take credit from me.
- 20:27Well, and that's exactly why people do trademark. So, seven years ago, I would have said why would
- 20:32an author want to trademark anything, right? But with the growth of the indie market, I believe
- 20:40there are a couple things that an indie author at a certain point in their career may want to
- 20:43to consider trademarking and it's because it becomes a brand asset, right?
- 20:47Just like Nike, this swoosh or the Apple logo, those are brand assets.
- 20:52And that's how buyers, consumers know what they're getting, right?
- 20:57So my thought is always, if you are making a lot of money and I understand that
- 21:04that's sort of subjective, but if, yeah, but if you're making a lot of money on
- 21:09a specific pin name, you may want to consider trademarking that pin name, right?
- 21:13The other thing is that you're best selling series.
- 21:17If your series is making a substantial portion of your income, you may want to trademark
- 21:22the series name.
- 21:23Now, you can't trademark an individual title name.
- 21:27You can trademark a series name.
- 21:29The USPTO thinks of a series generally as two books or more.
- 21:34When we file for trademark for authors, we're filing for trademark generally in two to three
- 21:39classes with the USPTO.
- 21:41generally for digital and then also for paper, right? But I like to think about it from a business
- 21:48perspective. Where are you making the most money? And those are the assets you want to protect first.
- 21:54And again, it becomes incredibly helpful if all of a sudden somebody is using Douglas Pratt as a
- 22:00name and say they're putting like a shadow book that looks like it's your book, but it's not your
- 22:05book on a site obviously to kind of draft off of your own success and to confuse your
- 22:11readers, then you reach out to Amazon and say, "Hey, I have the trademark for this
- 22:15pin name and I have a trademark for this series name." That will come down very quickly.
- 22:20So, if I have a trademark for Douglas Pratt and there's another legitimate Douglas Pratt
- 22:26putting a book up there, does that mean I can reach out to Amazon and say, "Hey, they
- 22:29can't have that?" Or is that going to be more...
- 22:32Well, if it's their legal name, it may become a little bit muddy, but if it's a pen name,
- 22:37then they'll most likely take it down.
- 22:39And you won't be able to get the trademark if somebody else has gotten the trademark
- 22:43on it.
- 22:44So there is a two-step process.
- 22:46So when somebody comes to me with a pen name, the first thing we do is clear it worldwide.
- 22:51Because if there's somebody else out there who already has the trademark or somebody
- 22:55else out there that has been using it first, you may not want to file for trademark.
- 23:00Well, first of all, if they have the trademark, you're not going to get it.
- 23:03But secondly, you may not want to alert them to your use.
- 23:06You know, there is that as well.
- 23:08And then what has started to happen, which has happened in corporations for forever,
- 23:13is that people are starting to do that clearance search on potential series names before they
- 23:18even name it.
- 23:19And that's because they want to see, is there anything out there that is going to prevent
- 23:23me from being the sole sort of owner?
- 23:26Another way to get around it.
- 23:27So say someone had trademarked Douglas Pratt already,
- 23:31but Douglas Pratt was like your sort of brand
- 23:34that you wanted to continue to maintain is logos.
- 23:37You know, if you were to create a logo
- 23:39that utilized Douglas Pratt
- 23:40and you were gonna put that logo on every one of your books,
- 23:44most likely we can get the logo mark through the USPTO.
- 23:49And then that's a stamp that you can put on your books
- 23:51that alerts your readers, this is my book.
- 23:54- So I don't wanna put you on the spot, Maggie,
- 23:56and ask rates or anything like that.
- 23:57But to trademark a series name,
- 23:59are we talking three digits, four digits,
- 24:01five digits for that process?
- 24:03- Yeah, so the way our firm works is we do it in two phases.
- 24:07We do phase one, which is to clear it
- 24:10and to write an opinion letter as to whether or not
- 24:12we think the mark will get through the USPTO.
- 24:14And we do charge for that.
- 24:15We charge $2,000 to do it.
- 24:18And then the second phase is when we actually
- 24:20collect the specimens and we do the filing
- 24:22and then we sort of, we stay with it
- 24:24until it actually gets through the USPTO
- 24:27and we charge another 2000 for that.
- 24:29The filing fees with the USPTO,
- 24:31I think are running about 350 per class at this point.
- 24:34So copyright, I absolutely believe
- 24:37an author can do on their own.
- 24:39Trademark, if you have a background,
- 24:41you could probably do it,
- 24:42but you may wanna have someone do it,
- 24:43doesn't have to be me,
- 24:44but you may wanna have someone do it
- 24:46because everything we do on our side,
- 24:49once we file with the USPTO,
- 24:51they assign an examining attorney.
- 24:53And that examining attorney who works for the USPTO
- 24:56does all the stuff that we did on their side
- 24:59to see if our assessment is accurate,
- 25:01that this mark should be able to register with the USPTO.
- 25:05- How long does the process normally take?
- 25:08- So it's a great question.
- 25:09(laughing)
- 25:10- You'd love to know the answer.
- 25:11- Well, it slows down after the filing.
- 25:15So if somebody comes to me,
- 25:16we can generate an opinion letter
- 25:18usually within five to seven days.
- 25:20We can do our search
- 25:22and we can generate the opinion letter
- 25:23and we can send that back.
- 25:24And then if they say, okay, this is great,
- 25:26go ahead and file.
- 25:27So we can collect the specimens
- 25:29and we can get the filing done,
- 25:30usually within the next 10 days or so.
- 25:34But then it slows down.
- 25:35The thing that slows it down
- 25:36is that we have to wait then for the USPTO
- 25:39to assign an examining attorney to that case file.
- 25:43At one point, it felt like it was taking nine to 12 months.
- 25:46I can say that it feels like it's getting closer
- 25:48to six months.
- 25:49It used to be six months
- 25:51and then it got really slow for a while.
- 25:52Once we get an examining attorney assigned,
- 25:55it again moves quickly.
- 25:57They either say, yes, we agree with you.
- 25:58We think that this mark should be able to register.
- 26:02And then they recommend that it's published
- 26:04in the USPTO Gazette.
- 26:06And the publication window is for 11 weeks.
- 26:09And that's so anyone in the world who may have a claim
- 26:11to that mark can come forward and say,
- 26:13we object to this mark registering.
- 26:16And after that 11 weeks, then the mark registers.
- 26:18Now, I can tell you that even though it takes a long time,
- 26:22once it registers that registration,
- 26:25you kind of plant your flag the minute you file, right?
- 26:28- Right, right, yeah. - So that's a good thing.
- 26:29- As long as it goes through,
- 26:31then it retros kinda to the beginning of it.
- 26:33- Yes, yes, and then also there's the intent to use, right?
- 26:37I mentioned how people are kind of pre-determining
- 26:40if a series name is gonna be available to them.
- 26:44You can file an intent to use any mark with the USPTO,
- 26:48and then you have six months to show that it's actually in use.
- 26:52And on top of that, the USPTO will allow you to extend that.
- 26:56Usually, they'll allow you about three to five extensions,
- 26:59which are each six months for a fee.
- 27:01But it then gives you time as an author
- 27:03to actually get the mark in use.
- 27:06So your question was, how long does it take?
- 27:09It doesn't take our side very long.
- 27:11It's just sometimes waiting on the USPTO to assign it.
- 27:14The automatic process.
- 27:16We assume you're probably gonna be good.
- 27:18So it's gonna be the government that messes it.
- 27:21Well, it just takes a while.
- 27:23Yeah.
- 27:24Well, that's cool.
- 27:24I mean, for me, when I'm coming up for the title
- 27:27for a new book, I Google it.
- 27:29I see what's out there, right?
- 27:30'Cause the first thing, I go on Amazon, search for it
- 27:33and see if anything comes up that's the same or close.
- 27:35That's the first thing.
- 27:36When I did new series, I did the same thing.
- 27:38And I think most people probably do that.
- 27:40But it's interesting to go the next step to trademark it.
- 27:44Can I trademark the name Nicholas Harvey and that way I can.
- 27:48He wants to trademark it and then not let me.
- 27:51Well, that's not very nice.
- 27:54I know that's.
- 27:55Have you met Doug?
- 27:57Just now she's like, huh, I've heard stories, but.
- 28:01I was going to try to trademark Stephen King, but I figure he's probably got.
- 28:06Trademark that.
- 28:07And if not, he would probably object to.
- 28:10I imagine he would.
- 28:11Yeah.
- 28:12Yeah.
- 28:12He probably would.
- 28:13Yeah. Yeah.
- 28:14So what other legal housekeeping should, especially both successful, but also emerging
- 28:21new authors, consider to become part, if you want to start making that move from being,
- 28:27you know, I'm just a writer who's written a couple of books to making this a business.
- 28:30There's all sorts of legal things we should be thinking about. And oftentimes we who are
- 28:35creatives don't think about stuff like that. So.
- 28:38One of the things is that you may want to consider becoming an LLC or a corporate entity.
- 28:43I'm not an accountant nor do I practice tax law, but it can be hugely beneficial to authors
- 28:50to have an LLC or a corporate entity because then you're running both the income as well
- 28:56as all your expenses from one space, right?
- 28:59And I think that it can also have benefits for you when tax season comes up.
- 29:04So I'm a big believer in that.
- 29:07And just so you know, I get a lot of authors who will say, you know, I was just started
- 29:11this because I really love to write, you know, and I thought I'd make just a little bit of
- 29:15side money and then all of a sudden they just, they're like a rocket ship to the moon, right?
- 29:20Like they get to the fourth or the fifth book and suddenly they're making six figures and
- 29:24they're like, oh my God, what do I do?
- 29:26Or oh my goodness, what do I do?
- 29:27And I do say, whenever I speak publicly, I'm like, it is like you're building a spaceship
- 29:33as you're traveling to the moon, right?
- 29:35Because suddenly they have all these concerns
- 29:37- That's very good, yes, very true, yes.
- 29:40- Or then all of a sudden like foreign publishers
- 29:42are reaching out or they wanna translate
- 29:44into these different territories
- 29:46or they're considering should I do a deal for, you know,
- 29:51to lay off my paperback and my special editions
- 29:54with the TRAD publisher, can I maintain my e-book?
- 29:57All of those are sort of the questions that come up
- 29:59And those are things that I spent a lot of time talking to clients and potential clients about,
- 30:05you know, how do you continue on that trajectory and not be kind of out there feeling really,
- 30:12I don't know, like you're floating out there with nothing to grab onto.
- 30:17So, another side note a little more. Something else we've discussed a little bit and both of us
- 30:22have thought about we both have a pretty good backlist but and some of us mainly Nick is older
- 30:26So his his life spans not as long as mine. What could go at any moment?
- 30:32If I just fall over out the chair, please Maggie keep going finish the show
- 30:36It's the stress of island life that wears on him
- 30:38It's it's I feel for him. I figure he's gonna but estate planning like that's something to think about too
- 30:43That we have to think about if you know, obviously, you know, if I die I get hit by a bus or you know
- 30:49Nick strangles me which is more likely
- 30:54What should we as authors be doing to ensure legacy for that for our future?
- 31:00Yes. Great question. I've spoken on that one a couple of times at different writers' conferences.
- 31:05So estate planning and wills are very specific state to state in the United States. So the first
- 31:11thing I think that you're going to want to do is you're going to want to find an estate attorney
- 31:16that has hopefully a background in intellectual property. That is really easy to do in California
- 31:23as well as in New York and also in Georgia because of Atlanta has had so much production.
- 31:27Oh yeah, Georgia might be there.
- 31:29It can be a little bit more challenging in some states that are maybe not known for having
- 31:34film, TV, music, publishing back.
- 31:36That's right. We have Nashville and this rock and roll.
- 31:39Because of Nashville, there are state attorneys that are well-versed in intellectual property.
- 31:46That's kind of what creates that sort of ability. But I've had clients ask and so far I've been
- 31:53able to help them find an estate attorney that understands it.
- 31:55Or what I've also had is they will have an estate attorney that may ask Pivot to me and
- 32:00say, "So can you walk me through some of the issues that might be present with regards
- 32:06to somebody who has a big catalog of intellectual property?"
- 32:10So one of the things that is really interesting is that I remember hearing an estate attorney,
- 32:16I think it was out of Massachusetts who had done a lot of intellectual properties.
- 32:19So think about this.
- 32:20She said, "When you pass, your heirs get your books in totality, and they have to agree
- 32:29to do anything with regards to those titles."
- 32:32And when she told me that, my kids, where I think they were like 13 and 16, I couldn't
- 32:36get them to agree as to who was going to sit in the front seat.
- 32:41So the idea of them agreeing as to where to distribute, new covers, should we go with
- 32:48this publisher?
- 32:49we do this, that, or the other.
- 32:51That, to me, I was like, that seems like a complete impossibility.
- 32:54So one of the things some authors will do is they will appoint--
- 32:58it used to be when nobody did indie that a traditional publisher
- 33:02and the agent would kind of act as a consultant to the family.
- 33:05And that would be helpful to them.
- 33:07But a lot of independently published authors
- 33:10don't necessarily have those entities that
- 33:12are kind of have that knowledge base.
- 33:14It's really you that has the knowledge base as far as your books
- 33:18and how you publish them and how it works.
- 33:20So what you can do, there are companies that do it as well,
- 33:24like they'll do literary estate management,
- 33:26but I think that usually you have to be at a certain level
- 33:28to make that worthwhile.
- 33:30But you can put your books in trust
- 33:33or you can pick a person who's gonna be the manager
- 33:36of the literary estate.
- 33:37Now, your heirs could all get a piece of that revenue stream,
- 33:41but then you've only got one person
- 33:43who has to make the decisions as to whether or not
- 33:46you're gonna do new covers,
- 33:47Are you going to do a special edition?
- 33:49Are you going to try to find a publisher?
- 33:50And as the person overseeing it,
- 33:53they may take a small percentage
- 33:55because they're doing that work on your behalf.
- 33:57I've had authors who have big back lists,
- 33:59who have children, who become writers,
- 34:02and that seems like the perfect person.
- 34:04I mean, Dune is a perfect example, right?
- 34:06Like I think it's his son that manages
- 34:07the entire literary estate for him,
- 34:10or for the heirs and for the family.
- 34:12So they'll have a child or an heir
- 34:14that they decide is the right person for that.
- 34:16Now, if you don't have somebody that's maybe going to be in our world, it's maybe worth
- 34:20a conversation with someone saying, "Hey, do you want to be the person managing this?"
- 34:25And if not, let's look to find someone who's willing to do it, who can take a fee to be
- 34:30the manager of literary estate.
- 34:32But again, very state specific.
- 34:35So you'll want to consult with an estate attorney within your state.
- 34:39And now, let's hear from this episode's sponsor.
- 34:42Hi, I'm Jamie Davis, show manager for Author Nation.
- 34:45I hope to see all of you in Las Vegas this coming November.
- 34:49In the meantime, we're getting the band back together and I'm really excited because even
- 34:54the drummer is coming out of retirement.
- 34:56Of course, there will be repercussions.
- 35:00And now, let's get back to the show.
- 35:02Okay, so a question that everyone has at some point with you write enough books, you're
- 35:07going to want to quote some lyrics in there.
- 35:09You're going to want to mention a movie or a TV show.
- 35:12I just put Dolly Parton impersonator in mine.
- 35:15- Okay. - How legal is that?
- 35:17- Well, I mean, okay, so probably you're fine.
- 35:22She's a public figure if you're not saying anything
- 35:26disparaging the likelihood of Dolly Parton
- 35:28coming for you on that.
- 35:29- I'm from Tennessee, we never say anything
- 35:31disparaging about Dolly. - Who would?
- 35:32I mean, really, who would? - Yeah, I know not about Dolly.
- 35:34- Is she a saint?
- 35:35I truly believe she might be the only living saint
- 35:38out there based on all that she's done in the world.
- 35:41I mean, she's amazing.
- 35:43- I agree wholeheartedly.
- 35:44- Yeah, she's done so many huge things
- 35:47to benefit just humanity in general,
- 35:49not to mention the songs that she's written
- 35:52that create joy for everyone.
- 35:54So that being--
- 35:55- We do love Dolly, just so she knows
- 35:57before she comes to Suze.
- 35:58- I love Dolly, yeah, I love her.
- 36:01So that being said, you're probably in a safe space
- 36:04because she is a public figure
- 36:06and you're not saying anything dispiriting.
- 36:09With lyrics, it's a no fly zone, right?
- 36:11Like you have to get lyrics cleared, period, end of story.
- 36:15I have had authors say, thank you for telling me that,
- 36:18I'm still gonna put them in my books.
- 36:20And if they come for me, they come for me,
- 36:22which arguably is an independent author,
- 36:25you know, you can take the book down
- 36:26and you can beg for forgiveness
- 36:28and hopefully they don't sue you,
- 36:30but they have the ability to, right?
- 36:32And they'll probably win
- 36:33because it is a copyright infringement,
- 36:36to use somebody's lyrics without clearing them first.
- 36:38Presumably that has to be clear that it is being used as a like two words in a song use it out of reference
- 36:45It's like who can say that it was taken from the song
- 36:48But if it's clearly used as a quotation from the song then that's it's cut and dried right you can mention a song
- 36:54You know you just you cannot use the lyrics, you know
- 36:58So that is am I right in saying the general rule of
- 37:01Thumb is for public figures and anything like that as long as you're not using them in a bad way in a bad light
- 37:08Then it's kind of free game. Yes, I will say that there are certain companies that are very litigious
- 37:16And so if you wanted to categorize one of their characters as a public figure, you would not want to do that, right?
- 37:22Like you're not gonna want to utilize name any Disney character. Well, you can't you can't say you can't put bugs bunny in your story
- 37:30Like I've walked on the street and shook hands with bugs bunny
- 37:33But you can't you can say we were sitting there watching Star Wars on TV. Yes, you can say that
- 37:39Yeah, right because that's what humans do. How does that work with like?
- 37:44Real locations to like if I use a restaurant like sometimes you want to use something that's really there in a town
- 37:51Is that is there some legal ramifications about that? I mean, I assume you don't want to bad mouth them
- 37:56I mean if they if you say that they gave everyone some anella poisoning
- 38:01- Yeah, yeah. - It could be problematic.
- 38:02And I would say to you, please use,
- 38:04please make up a name for the restaurant
- 38:06instead of utilizing the real restaurant.
- 38:08And here's the thing.
- 38:09So there is the letter of the law and the application of it.
- 38:12It's very expensive to get sued.
- 38:14It's also very expensive to sue someone, right?
- 38:18So disparagements, lander, all of those things come into play,
- 38:22but there is this idea that creative people get to utilize,
- 38:26you have the right to tell your story, you know?
- 38:29That makes good sense, I guess,
- 38:31so that helps us a little bit.
- 38:33Just common sense.
- 38:34A common sense sounds like a good thing.
- 38:35Like don't badmouth people for sure.
- 38:37- Yeah.
- 38:38- I mean, I think we've talked about it before.
- 38:40If we're gonna blow something up,
- 38:41we're gonna make it a fictitious place.
- 38:43- That's right, yeah.
- 38:44- If we're gonna have a nice meal there,
- 38:46it can be a real restaurant.
- 38:47- And if you're gonna have a villain,
- 38:48maybe don't name it after your father or mother-in-law.
- 38:50Do you know what I mean?
- 38:51Like there is this, you know,
- 38:53don't use real people's names, you know?
- 38:56- Change him up a little bit.
- 38:58I was changing up a little bit and anagramm them and stuff like that. Yeah
- 39:08Terrible terrible and then having eaten by whale who's ridiculous so
- 39:13Okay, we let's let's talk about
- 39:16You know, you've obviously worked in Hollywood a little bit
- 39:18So people are always wanting to know how do I get my books made into movies?
- 39:22So I guess since you've worked with the books to film and television rights
- 39:27What do you see as what would make a book or a series more attractive for that kind of adaptation?
- 39:33So if I'm gonna write one with the goal of
- 39:37Hoping one day to get it out there. What should I be focusing on? I've got the first answer for that
- 39:42They have to know about it
- 39:46Just because all your all your family say boy or your readers say boy, this would make a great movie
- 39:52That does not mean shit to Hollywood
- 39:56Well, there is, you know, there, I feel like there are tried and true methods that books get discovered, right?
- 40:03So one of them is there are development executives for producers and for studios and streamers that are constantly looking for great material
- 40:11that will fit whatever the producers mandate is at the time and they find great books the same way we do.
- 40:18They look at lists, they're on Amazon, they scroll, they get referrals from friends and family,
- 40:23and they read them and the first thing that they're going to do is reach out and say,
- 40:27"Are the film and TV rights available for this?"
- 40:30That's often before they read anything because if the film and TV rights have already been
- 40:34acquired or underoptioned, then that development executive is not necessarily going to want
- 40:38to spend the time to read the book.
- 40:41That's the discovery process that takes place.
- 40:44The other thing is the submission process.
- 40:47There are people that represent books in the film and TV space and send them out to producers
- 40:52that they have relationships with over and over again because of the conversations they're
- 40:56having with different producers, you know, to say, "What is the mandate?
- 40:59What are you looking for?"
- 41:01And then the representative will say, "Oh, I just read that.
- 41:03You should read this."
- 41:05So that's another, the submission process.
- 41:07So organic discovery, submission process.
- 41:10And then the other one is the sexiest because we all love stories if we're working in this
- 41:14world and it's the lightning strike event, right, where you get on the elevator and ESA
- 41:19Ray is standing there and the elevator gets stopped and she says, "Oh, what do you do?"
- 41:23And you say, "I write books."
- 41:24And she says, "What kind of books?"
- 41:26And then you tell her and she says, "Oh my goodness.
- 41:28I want that for my production company."
- 41:30So that is the Lightning Strike event, which we all dearly love and it's the sexiest one
- 41:35of all.
- 41:35Maybe it doesn't happen as often.
- 41:38I spent three years riding elevators in LA, three years of my life gone down the drain.
- 41:44Yeah.
- 41:45You never like bumped into Tom Cruise, Brad Pitt, Issa Rae or Cameron Diaz. No, yes.
- 41:51Nobody. Maybe you were riding the wrong elevator. Did you ever think about that?
- 41:56You were at Chick-fil-A.
- 42:00Really not where they're going to be.
- 42:02I was just saying.
- 42:03But I would say is writing the best book you possibly can, right? Writing the best book
- 42:09that you possibly can and continuing to write and continuing to build your audience because
- 42:13There are a number of books that get put under option
- 42:16where maybe they're not the splashiest
- 42:18or they haven't hit a ton of lists,
- 42:20but they do resonate with a producer
- 42:23or they do resonate with someone
- 42:25who wants to try to develop it into film and TV.
- 42:28So, if you think, say, let's use round numbers
- 42:30'cause I'm not an accountant,
- 42:32you say 10 million books or five million books
- 42:34get published a year, a very small number
- 42:36get put under option and an even smaller number
- 42:39actually get put into production.
- 42:41- A much smaller number, right?
- 42:43There's so many to get options that go nowhere.
- 42:45We hear of this all the time.
- 42:46It's a slow moving system.
- 42:49So if I was writing the lift up and down
- 42:52and I happened to run across somebody of import
- 42:56and they said, "Oh, send me your book."
- 42:58If this happens to an author in whatever environment
- 43:01they get in and they make a contact and they get reached out,
- 43:04what's the first thing they should do?
- 43:06- Well, they can totally send them the book, right?
- 43:09Like, and then any sort of professional,
- 43:11So here's the thing, I've been seeing a lot of scams and you have to be really careful,
- 43:15right?
- 43:16So any professional producer, studio executive, someone like that, when you send them the
- 43:21book, if they're interested, they'll be like, "Oh my goodness, let's have a conversation.
- 43:24I love this book."
- 43:26But then at some point, business affairs, either it's their personal business affairs,
- 43:30it's a production company, or the studio business affairs is going to reach out and say, "We
- 43:35want to put this under an option agreement or a shopping agreement or an attachment
- 43:41agreement."
- 43:41or me or someone like me to negotiate that deal on your behalf.
- 43:45Because again, we're going back to the conveyance of rights.
- 43:48So just recently, I had someone reach out to me.
- 43:50It was an author that I don't think that I've ever met personally,
- 43:53but she's seen me speak at conferences.
- 43:55And she said, I just got this email from someone at Sony.
- 44:00Here it is.
- 44:01Can you tell me is this real?
- 44:03And I looked at the email address, and it had Sony in it,
- 44:06but it was like a Gmail something.
- 44:08And so I reached out to one of my colleagues
- 44:12at Sony Business Affairs and I said, is this real?
- 44:15This doesn't look real to me, is it real?
- 44:16She goes, I'll get right back with you on this.
- 44:19And she conveyed it to their fraud department
- 44:22and their fraud department responded to me
- 44:23and said, thank you so much for sending this.
- 44:25This is a scam and this is what the author should do.
- 44:28And one of the things was reporting it to the FBI, right?
- 44:31So I forwarded that to the author.
- 44:34But the thing is, is that I've been seeing
- 44:35more and more of these.
- 44:36And the dummy email addresses actually look real.
- 44:40Do you know?
- 44:40They're like so close.
- 44:41- They're brilliant at hiding that stuff.
- 44:43We're getting inundated with them lately,
- 44:46inundated with different ones.
- 44:47- I had one which was a long-term scam,
- 44:49meaning that somebody reached out to the author
- 44:52and said, "I'm a producer, I really wanna make this,
- 44:55"but you have to have a screenplay written."
- 44:57And the author said, "Well, I don't write screenplays
- 44:59"and I don't know how to do that."
- 45:02And they were like, "Okay, well,
- 45:03"if you ever decide to do one, let me know."
- 45:05And then she got off that phone call.
- 45:07And 15 minutes later, somebody called her and said,
- 45:10hey, so we're a company that does screenplays for books.
- 45:14If you send us $10,000, we'll write the screenplay.
- 45:17So that was a long-term scam.
- 45:19Here's the thing.
- 45:21Money is supposed to flow to the author,
- 45:24not away from the author,
- 45:26when it comes to producers and studios.
- 45:28Producers do not ask authors to pay to write the script
- 45:33there then going to take out and pitch, right? It is a producer's job to find the screenplay writer
- 45:39to set it up with the studio and then the studio pays the screenplay writer to go to draft. So
- 45:45anyone that comes at you and says, give me $5,000 or give me $10,000 or give me $2,000 and I will
- 45:52set your project up. That is not traditionally and you hear my caveat because who knows there could
- 45:58It could be a new business model out there, but not traditionally how film and TV works.
- 46:03Certainly would be if it's a new business model, I don't think I want to be a test guinea
- 46:07pig on it.
- 46:08Yeah, yeah.
- 46:08It's not really my, sure, let me try that.
- 46:11And so if it feels sketchy, you know, reach out to me or reach out to another author and
- 46:15say, "Hey, have you heard?"
- 46:16And then there's still author beware and there's great groups and authors are really great
- 46:21at being able to provide feedback or their thoughts or whether or not they've had a similar
- 46:25situation, you know?
- 46:28So side note real question, because you said one of the things was, I have gotten at least
- 46:32three of them from Frida McFadden this week who said my book was brilliant.
- 46:35So should we be sending those to the FBI?
- 46:39So is it truly, it's not from Frida.
- 46:41No, it's a scam.
- 46:42It's totally a scam.
- 46:43We get them several a day to all of us from, I got one from Sylvia Plath a couple of months
- 46:49ago.
- 46:49Which is pretty impressive, I have to say.
- 46:51A vampire, she's a vampire.
- 46:54Sylvia Plath.
- 46:55I mean, I would love to if you've reincarnated a that would be a great book by the way
- 47:00Sylvia Plath the vampire comes back to co-write something. I think that right there
- 47:04Yeah, there's a specific link that they provided that Sony provided and after this
- 47:09I will send it to you if you want to have it and it's like a specific space at the FBI to if we have it
- 47:15We can throw it in our show. I'm just curious because oh
- 47:18Yeah
- 47:20Yeah, so now to kind of get back
- 47:23That was just kind of blow away. I should be sending all my emails to the FBI that wheel
- 47:28Just for for some of us who are less intelligent and like just explain a little bit more with the differences between option
- 47:34And and what it really is though as opposed to yes, the shopping agreement
- 47:39I mean moving night. Yeah. Yeah, so an option basically is what the what you're being what you're they're asking for is an option to buy
- 47:47Right, so the option is a period of time and it's usually 12 months or 18 months and sometimes and usually there's two
- 47:55There's the first option period in the extension option period and for that period of time
- 48:00You are agreeing that for this amount of money
- 48:02You will provide them with this period of time to try to set up the project with studio or streamer or to develop the project
- 48:08Right, so let's say it's a 12 month option for $10,000 with an extension
- 48:14for another 12 months for
- 48:16The first option fee usually is applicable against the purchase price and the second option
- 48:22fee usually is non-applicable against the purchase price.
- 48:26Now a couple things.
- 48:27You can sometimes, producers, studios or streamers will pre-negotiate the purchase price, you
- 48:33know, contingent compensation, episodic fees, royalties, all of that at that time.
- 48:40Sometimes different producers will say, "Okay, so we're going to put in here that if and
- 48:46when the third party financier, studio streamer, whatever entity comes to the party, we will
- 48:53negotiate at that time your purchase price for the film and TV rights for your book.
- 48:58If you're dealing with like a big studio or streamer like say Netflix, Sony, Warner Brothers,
- 49:05HBO, then at that stage you can probably go ahead and negotiate because they're the
- 49:10entity that is actually going to be producing it and writing the checks.
- 49:14If you're dealing with a producer or an independent producer and they say if and when the third
- 49:19party emerges, you can directly negotiate with the studio streamer, that can be a good
- 49:24thing.
- 49:25And let me explain why.
- 49:26It can be a good thing because if that producer does their job well, they will attach, if
- 49:31it's an episodic, they'll attach a showrunner or they'll attach an actor.
- 49:35If it's a film, they might attach a director, a screenplay writer or a star.
- 49:39If they do a good job in packaging the material and attaching those elements, then the value
- 49:45of your book or your series may increase.
- 49:48Example.
- 49:49Say an independent producer who has a few credits comes to you, Doug, and says, "I want
- 49:54your best-selling series and I want to put it under an option agreement."
- 49:59You will negotiate directly with Netflix or Sony or whoever if and when they decide to
- 50:04pick it up.
- 50:04The producer happens to be best friends with Brad Pitt.
- 50:08He gives Brad the series. Brad says, "Oh my God, I love this series. I want to star in it.
- 50:12We're going to run it through Plan B, my production company. I will have business affairs reach out."
- 50:18So now business affairs is going to reach out to you or to your representative, and you're going to
- 50:23be able to negotiate the film and TV rights for your book series. But your book series now has
- 50:28a greater value because Brad Pitt wants to star in it than it might have had before that
- 50:33element of the package was added.
- 50:35So as long as you're the one or your rep is the one who's directly negotiating
- 50:40with the third party, that makes sense.
- 50:42I don't advise allowing the producer to be the entity that negotiates on your
- 50:47behalf because the producer's agenda while aligned as far as getting it set up
- 50:52may not be as aligned with getting you the best deal because they want the
- 50:58project to move forward.
- 50:59Now, I can say I've never seen a project get hung up at that point because everyone is so all in to get it going and moving, especially if you have a studio who wants it and you have an element that can actually get a green light.
- 51:13Very cool.
- 51:14Not in words.
- 51:14I will say.
- 51:15Sorry guys.
- 51:16I think Brad Pitt would make it.
- 51:17No, perfect.
- 51:17I think Brad Pitt would make a great chase, Gordon.
- 51:19So he's way too short.
- 51:21What are you talking about?
- 51:22It'd be like Tom Cruise's Reacher.
- 51:24Whatever.
- 51:25He can come in and do whatever he wants to with it.
- 51:27All right, Maggie, this is thank you for giving us all this time.
- 51:29This has been brilliant info.
- 51:31And we've got a million more things we'd love to ask you.
- 51:33So we've got to get you back on again another later time if you're willing to.
- 51:38We have one more question that we'd love to ask you.
- 51:42And we have a wheel of random questions with our magic wheel of questions.
- 51:45Oh, my golly. I had no idea.
- 51:47There was a magic wheel involved.
- 51:49It's the magic wheel.
- 51:51And we just update all the questions so we get new questions.
- 51:54All right, I need to tone you down a little bit, Maggie.
- 51:57Don't get that excited.
- 51:58It's not that great.
- 52:01These are some great questions.
- 52:02I put a lot of thought into some of these.
- 52:05Maybe not this next one.
- 52:06Managed my expectations.
- 52:06Some of them.
- 52:07Yeah.
- 52:09Yeah, don't get your hopes way up there.
- 52:10So, oh, OK.
- 52:11Hey, you get to play hooky and it is the perfect day.
- 52:15What are you going to go do?
- 52:17Oh, I guess to play hooky and it's the perfect day, which
- 52:19is the perfect day.
- 52:19That means my kids are visiting.
- 52:21And so we're going to go to the beach.
- 52:23We're going to go to the beach in Los Angeles, and then we're going to probably take a picnic
- 52:28to the beach, and then we're going to come home and get all the sand off, and then we're
- 52:32going to fire up the fire pit in the backyard and maybe have a glass of wine and hang out
- 52:38and talk.
- 52:39That's the perfect day.
- 52:40Nice.
- 52:41That's a pretty awesome.
- 52:42That sounds relaxing.
- 52:43Yeah, fun.
- 52:43And then I will go to bed early enough so that I have time to read.
- 52:47Do you know what I mean?
- 52:48Like, I won't be so exhausted that I can still read.
- 52:50Yes.
- 52:51Yeah.
- 52:53- Yeah, thank you so much for joining us.
- 52:55This has been an absolute pleasure for us.
- 52:56Thank you, Maggie.
- 52:57- Thank you so much.
- 52:58I'm so grateful to both of you for asking me to be on.
- 53:01So thank you.
- 53:02(upbeat music)
- 53:08- Thank you so much, Maggie.
- 53:09Wow, I've got way too much to think about.
- 53:11How about you?
- 53:12- No kidding.
- 53:13I'm like, oh, I should do this.
- 53:16I should do that.
- 53:16I should do this.
- 53:17- I was like, I was trying not to make notes,
- 53:19but I'm over here going, I need to do that.
- 53:21- I know.
- 53:21I was like, "Well, screw it. I just have to listen to the show and I can make the notes."
- 53:25We have to forward this to my wife so she can tell me what to do. Now, it's really great.
- 53:31I think it's important. We take for granted all the legal stuff sometimes. I know you
- 53:36and I just like the copyright thing that we've talked about with Anthropic. We both wish
- 53:41we had our stuff copyrighted, but we didn't. So now, we know ahead of time it's better
- 53:45to learn that now for the next thing.
- 53:48Yeah, I mean, apart from her being an absolute delight to chat with, she's a lovely lady.
- 53:52She's got such a background.
- 53:54I mean, she's written a bunch of books, like 20 books, so she's experienced that part of
- 54:00it.
- 54:00You know, she's been in every element of the entertainment business that we, as authors,
- 54:05might forever branch out into her wealth of experience.
- 54:09And the fact that she'll do concerts and stuff over the phone and some Zoom calls without
- 54:15a charge.
- 54:16of, really, really very cool.
- 54:18Her name, she's definitely been around.
- 54:20So, I mean, if you're looking for somebody, you have a question about the business, you
- 54:24know, we didn't just pull her out.
- 54:26I've seen her at 20 Books of Authorization.
- 54:29We know lots of good people who use her.
- 54:32Her name comes up in every circle.
- 54:34If you talk about doing a contract for the author business, her name is immediately mentioned.
- 54:39Yep.
- 54:39So, definitely worth doing.
- 54:41It's so smart.
- 54:42I'm just blown away by it.
- 54:43So, very, very cool.
- 54:45And guys remember that we had a really great two-parter kind of a question on our patreon
- 54:49So if you'd like there's one a little bit I didn't get you know jump over that patreon
- 54:53It's three dollars a month and you can get these bonus questions from her
- 54:57Just check us out if you find us at all valuable so or her valuable then that's worth
- 55:02She's very valuable. Yeah, we're worth chip and she's very valuable. You know what else is more valuable?
- 55:09Hello, so we want to make sure we thank our brads. Thank you vellum appreciate the support
- 55:13Thank you so much. Make sure if you're thinking a full man about vellum
- 55:17Check it out. Check out show notes for links to Maggie and if she gets us the link the FBI
- 55:23You can drop in those fake scam letters there. Who knows?
- 55:27Yes, send your love notes to the FBI. All right until next time be cool to each other
- 55:32Fair wins and following the scenes
- 55:35You've been listening to the two authors podcast with Nicholas Harvey and Douglas Pratt
- 55:40Subscribe on your favourite platform for new shows coming every week.