PublishAmerica author sues Stephen King for plagiarism

Unimportant · Apr 12, 2011

I think the rights to Keller's Den have reverted back to the author, which is why the author and not PA is pursuing the copyright infringement suit.

victoriastrauss · Apr 13, 2011

PVish said:
Keller's Den does have an amazon ranking, but it's currently not available.

It's got a 2002 pub date, so I think Unimportant is right and the contract has terminated. (Although in what universe would PA pursue a copyright infringement suit, even for a book to which it still had the rights?)

I hadn't seen the cover before. My favorite bit is the little arm with the paintbrush.

- Victoria

tlblack · Apr 13, 2011

victoriastrauss said:
It's got a 2002 pub date, so I think Unimportant is right and the contract has terminated. (Although in what universe would PA pursue a copyright infringement suit, even for a book to which it still had the rights?)

I hadn't seen the cover before. My favorite bit is the little arm with the paintbrush.

- Victoria

The 2002 pub date wouldn't mean it wasn't still under contract. Mine was printed in 2002 and unless I had requested rights returned, would still be under contract. If this writer has the same contract as mine, then the contract was good for the life of the copyright. (way too long) I'm not saying you're wrong, just that it isn't impossible that the book is still under contract.

DreamWeaver · Apr 13, 2011

On Amazon, it has four reviews which, from the wording, appear to probably all be from the same person. I expect King's and S&S's attorneys could make something of that, in terms of illustrating lack of sales.

Unimportant · Apr 13, 2011

DreamWeaver said:
On Amazon, it has four reviews which, from the wording, appear to probably all be from the same person. I expect King's and S&S's attorneys could make something of that, in terms of illustrating lack of sales.

Three of the reviews are from the same person -- Jessica Henry of Greenville SC. Keller's Den is the only book she has reviewed on Amazon.

Ink-Stained Wretch · Apr 16, 2011

Unimportant said:
Three of the reviews are from the same person -- Jessica Henry of Greenville SC. Keller's Den is the only book she has reviewed on Amazon.

Greenville, South Carolina? You mean the same exact city where Marquardt himself lives? What an utterly astonishing coincidence.

DreamWeaver · Apr 16, 2011

The fourth review sounds amazingly similar to the other three, FWIW.

circlexranch · Apr 18, 2011

A joint motion for extension of time for S&S to file its Reply brief has been filed. They are asking for a delay until May 12th.

The motion indicates the parties are "engaged in discussions" about the case.

Something along the lines of:

PL: I'm getting paid by the hour. I'll gladly drag this out for 5-7 years.

DF: Dismiss your case now and we won't countersue you for $50K in legal fees.

PL: Oh yeah?

DF: Oh yes, most assuredly, "yeah."

We'll know in about a month!

CatSlave · Apr 18, 2011

*My lawyer can beat up your lawyer.*

Angie · Apr 18, 2011

:waits for the kiddie pool full of Jell-O to be dragged out:

C.bronco · Apr 18, 2011

Lyra Jean said:
Maybe it's a new ploy by PA authors to sell more novels.

They can only hope, the poor abused souls. That's not the way to do it, though.

They first need to get out of their contracts, and then they might have a chance!

victoriastrauss · Apr 18, 2011

I'm feeling sad, thinking about the cash the author is shelling out for this. Honestly, the whole thing has become really distasteful, with the author dancing after his delusion like the girl in the red shoes, and the lawyers pocketing money for this lost and pointless cause in order to be able to say they sued Stephen King.

Just gross.

- Victoria

Ink-Stained Wretch · Apr 18, 2011

I thought lawyers risked censure for taking on obviously bogus cases?

FOTSGreg · Apr 20, 2011

Dammit! The law is so slow. This is like one of those stupid trial things and I wanted Law & Order already.

<kicks law books across the room>

I wanna' know what happens!

<kicks life across room>

C'mon, hurry up already!

Little1 · Apr 21, 2011

Me to Victoria

The author has to know he won't win. I wonder if it has helped his sales though.. if only a little.

TheTinCat · Apr 21, 2011

Little1 said:
The author has to know he won't win.

Sadly, I doubt it. A lot of not-too-seasoned writers believe that their stories and ideas are utterly unique and that anyone who even comes close to writing something similar must have stolen from them.

DreamWeaver · Apr 21, 2011

TheTinCat said:
Sadly, I doubt it. A lot of not-too-seasoned writers believe that their stories and ideas are utterly unique and that anyone who even comes close to writing something similar must have stolen from them.

What TheTinCat said. Of hopeful authors that have come up to me in the bookstore to ask about publishing, the number one fear is that someone will steal their Unique Idea [TM].

To illustrate how it's not the idea, but the writing that is unique, I would show them a short story anthology we generally had in stock. All the authors were given the same Unique Idea [TM], but all the stories came out different. Wildly different.

I'm pretty sure I only convinced a few.

PVish · Apr 21, 2011

Little1 said:
Me to Victoria The author has to know he won't win. I wonder if it has helped his sales though.. if only a little.

How can it help his sales if his book isn't available on Amazon and doesn't exist on B&N.com?

victoriastrauss · Apr 21, 2011

TheTinCat said:
Sadly, I doubt it. A lot of not-too-seasoned writers believe that their stories and ideas are utterly unique and that anyone who even comes close to writing something similar must have stolen from them.

This.

I hear from such authors quite frequently. One author was convinced that the producers of a popular film had stolen the premise of her book, despite the fact that the book came out only a couple of months before the movie did.

- Victoria

Ari Meermans · Apr 21, 2011

PVish said:
How can it help his sales if his book isn't available on Amazon and doesn't exist on B&N.com?

And this.

James D. Macdonald · Apr 21, 2011

PublishAmerica attracts the desperate, the deluded, and the naive.

They do not necessarily stop afterward.

allenparker · Apr 28, 2011

James D. Macdonald said:
PublishAmerica attracts the desperate, the deluded, and the naive.

They do not necessarily stop afterward.

I somewhat disagree. They attract the uninformed. There may be some that are delusional, but I suspect that there are many delusional people sending manuscripts to other publishers as well. They just don't publish them. Or for that matter, let them on a public forum.

And I think all of us are desperate to see our work in print.

If you were to talk to people who submit a book to a publisher, 50% would have no clue of how the system worked, other than they have a shoe box full of rejections.

My personal favorite rejection of all times was the rejection written on the outside rear of the envelop, the tape holding the flap closed, and the missing sase from the inside. Oh, and the "return to sender" on the front.

There is a learning curve to this business. PA is a gentle slope that gradually carries you over the cliff.

Unimportant · Apr 28, 2011

allenparker said:
I somewhat disagree. They attract the uninformed.

I'd probably equate "uninformed" with "naive", so in that sense you and James Macd are both saying the same thing.

allenparker said:
And I think all of us are desperate to see our work in print.

Is the "all of us" PA authors, or AW authors, or all authors everywhere?

allenparker · Apr 29, 2011

Naive is a form of uninformed, maybe, but carries a totally different expression. Willful to the point of negligent is totally different than not knowing about a subject. I guess there is an argument to be made that PA authors are negligent, but I see it different in that there are as many PA authors as there are other authors that began with no or little knowledge of the publishing world. The difference is that PA exploits them. IF Random House chose to exploit them, many others would also be in PA authors' position.

As for the other, all writers yearn to see their work in print. Yearn. Desperate. Another point of disagreement, I suppose. But I could argue that PA authors yearn instead of being desperate.

We can disagree on these points.

James D. Macdonald · Apr 29, 2011

By "desperate" I mean someone who's been rejected by every publisher in the world, starting with Random House and working down, until they finally come to PublishAmerica.

And naive: Someone who's trusting, who doesn't consider that someone would lie to them in order to take their money (because they wouldn't even think of such a thing), someone who's led a sheltered life. Inexperienced. No shame in that, but it makes them easy marks for the con men of this world.

PublishAmerica author sues Stephen King for plagiarism

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