tag:blogger.com,1999:blog-17040756.post3762138088034351001..comments2024-03-18T09:09:59.625-04:00Comments on Janet Reid, Literary Agent: Query question: my novel is based on someone's lifeJanet Reidhttp://www.blogger.com/profile/00615380335938685231noreply@blogger.comBlogger57125tag:blogger.com,1999:blog-17040756.post-89299901537265246992015-06-11T11:29:58.291-04:002015-06-11T11:29:58.291-04:00Julie.M.Weathers said...
"People like that a... Julie.M.Weathers said...<br /><br />"People like that are the reason I've put off writing the Civil War story for years. I have hundreds of Civil War books. I'll research it to the best of my ability, but someone is going to challenge me on something. I've already had several people tell me a confederate spy wouldn't act that way. Sorry, that particular scene was based on a true event.<br /><br />"You just have to do the best you can. If a person is very charming, they might even be able to turn that person who wrote into a resource."<br /><br />Julie, look at it like this: Your Civil War story is a castle. Something tangible that you will build from the ground up. And that takes real talent and tenacity. Nit-pickers are just a bunch of castle-bashers. They have nothing to show for all their nit-picking. So you're right: "You just have to do the best you can."<br />And turn amiable critics into resources. <br />Patricia Harveyhttps://www.blogger.com/profile/07444149259803312730noreply@blogger.comtag:blogger.com,1999:blog-17040756.post-32784720586863207852015-06-11T11:16:26.381-04:002015-06-11T11:16:26.381-04:00Sam Hawke said...
"If you write about an id... Sam Hawke said...<br /><br /><br />"If you write about an identifiable place and you say the milk bar is opposite the post office but it's not, you'll get people writing in telling you so. This is true even if you call it something different, as long as people decide it's supposed to be the town they know."<br /><br />Sam, you're absolutely right. I've heard authors say that the residents of towns they've written about are proud of being "in" a book. But that drug store, the one on the corner, is not McGowan's. It's Murphey's. Patricia Harveyhttps://www.blogger.com/profile/07444149259803312730noreply@blogger.comtag:blogger.com,1999:blog-17040756.post-14221384038000054852015-06-11T11:05:26.216-04:002015-06-11T11:05:26.216-04:00Colin Smith said...
"For historical fiction, ... Colin Smith said...<br />"For historical fiction, perhaps--and that's an interesting angle. What are the rules when you're writing HistFic set in the recent past when the people in your story are still alive?"<br /><br />Colin, OP, here. I think you deserve the genre award. That's what I have here: HistFic. It's recent enough that the MC and other characters in the story are still alive. From the beginning, my purpose has been to help preserve the memory of an amazing, self-sufficient culture, which for primarily political reasons, is now defunct. I have actually not found any fiction about this particular culture by people who were actually part of it. With the exception of anthropological studies (and I was fortunate enough to acquire one from a professor), there's not a lot out there. But because my MC is still alive, I can "borrow" her voice and explore the conflicts and challenges her world presented as she was growing up. According to my MC, most young people from her culture were not well-educated, if they went to school at all. The families lived a hand-to-mouth existence. Prior to her mother's generation people were completely unschooled. So yes. I think it's HistFic!Patricia Harveyhttps://www.blogger.com/profile/07444149259803312730noreply@blogger.comtag:blogger.com,1999:blog-17040756.post-34507294281236144572015-06-11T00:39:22.863-04:002015-06-11T00:39:22.863-04:00OP, here - Donnaeve said...
"This is one of t...OP, here - Donnaeve said...<br />"This is one of those situations where the story must be absolutely mesmerizing in order for the OP to want to 1)write about it, 2)seek out professional legal help in order to CTA(cover their asterisk) given Ms. Janet's advice."<br />Yes, well, if not mesmerizing, then perhaps fascinating. (There is a bit of the mystical woven through the story.) I have made a huge investment in this project in terms of time and effort. I even contacted an anthropologist who did field studies in the area. So it is well worth it to me to go after professional legal help. <br /><br />"What's curious (at least to me) is this: "The woman says she would like me to use her real name in the book, which takes place in a now-defunct culture.<br /><br />"Why? If the rest of it is fictionalized, what's this thing with using her real name? Maybe b/c even if the OP used a fictional name, this person could still come back and claim the story as theirs and all the other hoopla which might/could ensue listed by QOTKU and the others."<br /><br />Let me just say that my book delves into key events in her life, with some changes for the sake of story. The dialogue and many details are fictionalized, but remain true to the culture. Without the cooperation of my subject, the main character, I would not have a book at all. But it's complicated, I think, as to why she wants me to use her real name. As a child, she belonged to a persecuted subculture. "Coming out" in a book would be an acceptable way to "tell" people about it - people she knows, but have no idea. In other words, she's coming to terms with her past. Still, I need to protect myself. It would be so much better for the book if I could use her real name, and her sibling's names. They are so great. But I need to protect myself. And I need to keep saying that until I have the contract in hand. Patricia Harveyhttps://www.blogger.com/profile/07444149259803312730noreply@blogger.comtag:blogger.com,1999:blog-17040756.post-39524625683505294792015-06-11T00:14:25.745-04:002015-06-11T00:14:25.745-04:00Steve Stubbs - from the OP: You wrote, "Try e...Steve Stubbs - from the OP: You wrote, "Try entering any combination of proper names into imdb.com and you will likely conclude that someone is using just about every name you can think of."<br /><br />To complicate matters, many of the names in my book are Chinese. And some of those are from a subculture. That could be lucky for me. Or not.<br /><br />"Also how do you find an honest lawyer?" In the past, I have called my local Bar Association and requested the names of several members in good standing who specialize in a particular area. Lacking a local Bar Assoc., you would contact your state Bar Assoc. They normally provide a short list of lawyers who will give you a half-hour consult for a small fee. This gives potential clients a sense of who might be a good fit. If it works for real estate, it might work for intellectual property rights.Patricia Harveyhttps://www.blogger.com/profile/07444149259803312730noreply@blogger.comtag:blogger.com,1999:blog-17040756.post-48009133057217831322015-06-11T00:05:47.050-04:002015-06-11T00:05:47.050-04:00Patricia,
Just warning you, even if this person i...Patricia,<br /><br />Just warning you, even if this person is a longtime friend, please, please, please, take Janet's advice. Get a lawyer. Do everything by the book. Don't take anyone's word for anything.<br /><br />Not everyone is as sweet as I am. *innocent smile*<br /><br />JulieAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-17040756.post-36797774408436192632015-06-10T23:27:50.642-04:002015-06-10T23:27:50.642-04:00Julie, Money can make monsters of people. Sorry th...Julie, Money can make monsters of people. Sorry that happened to you and your dad.Patricia Harveyhttps://www.blogger.com/profile/07444149259803312730noreply@blogger.comtag:blogger.com,1999:blog-17040756.post-50904013017128514282015-06-10T23:24:23.725-04:002015-06-10T23:24:23.725-04:00To Katie Loves Coffee: You might think so, but I h...To Katie Loves Coffee: You might think so, but I have my doubts. Last year I gathered the courage to email an agent who once expressed an interest in my MS. I asked if she might point me in the right direction on the very question I sent to Janet. She responded that in no way could she advise me on the matter. Therefore, I'm thinking that it pays to do one's due diligence.Patricia Harveyhttps://www.blogger.com/profile/07444149259803312730noreply@blogger.comtag:blogger.com,1999:blog-17040756.post-13010640415113327732015-06-10T23:17:11.712-04:002015-06-10T23:17:11.712-04:00Patricia,
We had a "friend" of my fathe...Patricia,<br /><br />We had a "friend" of my father's come up to the nursing home and get him to sign a contract to lease his gold mine after he'd been told I was handling all the business with the mine. Three year lease, no royalties, $25,000 buy out at the end of 3 years with no over rides. Mining contracts always have over rides meaning whatever the mine produces, a percentage goes to the original owner.<br /><br />I contacted the man. Oh no, just a straight lease, nothing to worry about, Julie. He never mined it in three years, just waited for the lease to run out and swooped in to buy a mine with proven reserves for $25,000.<br /><br />When it comes to money people will stop at nothing. This man had been my father's friend for years. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-17040756.post-39123187323046731022015-06-10T22:25:21.480-04:002015-06-10T22:25:21.480-04:00OP, here. Reposting as myself this time, instead o...OP, here. Reposting as myself this time, instead of my blog (just had to do a quick profile change). I'm delighted that so many of you took the time to put your ideas together in response to my question. My main character is a lovely person. But I will not cave in, even to her sweetest assertions that she would never in a million years sue me. Not after today, thank you very much. Patricia Harveyhttps://www.blogger.com/profile/07444149259803312730noreply@blogger.comtag:blogger.com,1999:blog-17040756.post-39030796418480136412015-06-10T21:52:07.073-04:002015-06-10T21:52:07.073-04:00OP, here. I'm reading your comments with great...OP, here. I'm reading your comments with great interest. (Sift, stir, repeat.) My thanks to Janet for posting my question today. Since this is my very first rodeo, I'm taking note of your advice. I don't want to have my asterisk bitten, kicked, etc.Patricia Harveyhttps://www.blogger.com/profile/07444149259803312730noreply@blogger.comtag:blogger.com,1999:blog-17040756.post-74469954554211239142015-06-10T19:54:10.637-04:002015-06-10T19:54:10.637-04:00One of the things I love about you, Janet, is that...One of the things I love about you, Janet, is that you're smart enough to know when someone is asking the wrong question to the right person and asking the wrong person the right question.Anonymoushttps://www.blogger.com/profile/03736352366533619152noreply@blogger.comtag:blogger.com,1999:blog-17040756.post-3939756121759212062015-06-10T19:54:01.104-04:002015-06-10T19:54:01.104-04:00Thanks, all.
@DLM, I'll take a raincheck. Tha...Thanks, all.<br /><br />@DLM, I'll take a raincheck. Thanks. And if we're in the south, maybe sweet tea? LOL. Up here, I'm sort of an Earl Grey girl, and even down there, I take it unsweetened as I order it and then put in a couple packets of sugar and some lemon.<br /><br />Meanwhile, somehow my 80K MS now has 122K words. Not sure how that happened.<br /><br />Bye.Juliehttps://www.blogger.com/profile/15041316285692964293noreply@blogger.comtag:blogger.com,1999:blog-17040756.post-19267200340234406772015-06-10T19:31:20.645-04:002015-06-10T19:31:20.645-04:00Julia, thank you for catching us up. I join the ch...Julia, thank you for catching us up. I join the chorus hoping you will feel better soon.<br /><br />Hot tea?DLMhttps://www.blogger.com/profile/08768285199864217885noreply@blogger.comtag:blogger.com,1999:blog-17040756.post-32659536650129437472015-06-10T18:59:15.471-04:002015-06-10T18:59:15.471-04:00Julia, that really, really sucks. I do hope you fe...Julia, that really, really sucks. I do hope you feel much better soon. It's hard enough being sick without being your own doctor. <br /><br />As for your book about hospital apathy... I think it would really depend on how you see the book. If you want it to be fiction, you can probably fictionalize the stories told to you enough to avoid problems. If you want it to be non-fiction, you may need to get some consent forms, if only to say 'I'm going to use your story - no names, no places, no worries'.<br /><br />But I would definitely talk to a lawyer who knows about these things, first, to see what you need to do to make this book happen.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-17040756.post-9668733074918235242015-06-10T18:44:43.789-04:002015-06-10T18:44:43.789-04:00Julia, I hope you feel better soon. As for this w...Julia, I hope you feel better soon. As for this whole thread - eek! Thanks all for the resources. Sounds like something important to learn (and fret over before sending my query letter). I wonder, do agents point out any potential legal/copyright issues that the author didn't think of? Or the publisher? Katie Loves Coffeehttps://www.blogger.com/profile/15354098379566246348noreply@blogger.comtag:blogger.com,1999:blog-17040756.post-69115476230144907032015-06-10T17:40:21.211-04:002015-06-10T17:40:21.211-04:00As someone who spent 7 years in intellectual prope...As someone who spent 7 years in intellectual property litigation, trust me, you don't want it. You are looking at $15K minimum retainer to get an IP litigation specialist to even take your calls. Had I been paid for the work I did, I would have no student loans. <br /><br />Most IP attorneys will do a free or reduced cost consultation, usually around $50. Instead of Avvo, see if your area is covered by an arts council. One of my friends in Kansas City works with local artists on things like trademark, copyright, licensing, contracts, releases, and such. Another is the Bar Association for the county where you are located. They should have a listing. This is not a time to stint, you want a consultation with a top drawer IP-Publishing lawyer. <br /><br />The fact that she wants you to use her name gives me pause. She is feeling invested in the story, even though it is fictionalized. Make sure any contract doesn't give her story approval since you are fictionalizing events to make the story flow. <br /><br />Not only are you at risk if it makes eleventy-seven-million, you are equally at risk if it gets panned. "Writer has skill, but story is unbelievable and insipid, 1-star." Can she handle that? It seems to me like she may be seeking some sort of emotional validation from having her story told. Is the writer ready to deal with that?<br /><br />And, yes, what if it were to go nuts and a movie company want to pick it up?<br /><br />So, you did the right thing by reaching out and asking the question, but this is more complicated than a forum or a net search. <br /><br />Writers only have the "rights" that a judge gives them if they are sued. <br /><br />The disclaimer page helps a bit if someone gets it in their head the book is about them or OMG THERE'S NOT A GAS STATION ON THAT CORNER IN THAT CITY - WRITER IS STOOPIT - ONE STAR. <br /><br />I took a few liberties with Austin, Texas (oh please, like I'm the first) and turned the town of Livingston Texas into the fictional Cochinelle so I could put stuff where I needed it to be to make the story work. I copied Lee Child's disclaimer, hey, if you're going to steal, do it like a BOSS. <br /><br />If the writer does consult with an attorney, I hope she'll come back and share the wisdom with us here in the shark tank. <br /><br />TerriTerri Lynn Coophttps://www.blogger.com/profile/07290316565247120848noreply@blogger.comtag:blogger.com,1999:blog-17040756.post-71935587244139034982015-06-10T17:38:32.180-04:002015-06-10T17:38:32.180-04:00Stupid phone. Just lost whole comment.
Please come...Stupid phone. Just lost whole comment.<br />Please come visit me on my FB-carkoon equivalent. I don't want to annoy anyone, esp Carcharodon.<br /><br />1) There's a book I need to write. I'm the only one who can write it. I've collected stories from patients, nurses, MD's, nutritionists, ministers... All needing to tell their tale. But with Janet's advice, can I write this book? It needs to be written. American medicine isn't broken because the system is broken. American medicine is broken because its heart is broken. And this, more than any congenital malformation, is why I did not scratch my way back in. I can teach ignorant; I can accomodate stupid and relieve weary; I can pacify angry and mentor juvenile. But I can't do a bloody thing about apathetic, and it just grew increasingly worse as time went on.<br /><br />2) And as for me, I'm worried. When you're at home with peritonitis because you are the only MD in the state who understands what you have - that's a problem. I'm in pain. I feel crummy. I haven't had to cope with this for a year and a half. I don't have time for this.<br /><br />I have a series I have to query, a new MS to clean up for possible pitch in August, a Reacher book to read and an Elizabeth George book on craft. I can't do weeks of messing with my pancreas.<br /><br />Anyway.<br /><br />Thanks for listening.Juliehttps://www.blogger.com/profile/15041316285692964293noreply@blogger.comtag:blogger.com,1999:blog-17040756.post-23399571028492326482015-06-10T17:37:22.858-04:002015-06-10T17:37:22.858-04:00Sam and Colin,
"Colin - it saddens me to say...Sam and Colin,<br /><br />"Colin - it saddens me to say, but boy, there sure are readers who will. If you write about an identifiable place and you say the milk bar is opposite the post office but it's not, you'll get people writing in telling you so."<br /><br />Yep.<br /><br />Zach Recht and I were friends before he became the hot new thing in horror. He was getting rave reviews on his book PLAGUE OF THE DEAD. I was talking to him in a game one night and he was kind of quiet, so we went to whispers. <br /><br />"What's wrong."<br /><br />It took a lot of poking and prodding, but he finally told me he got a review that was really bothering him. The guy ripped him up one side and down the other for being so stupid because he had given the wrong directions to a town in Africa. He knew the town was north. He'd been there in the army, he just wrote it wrong. <br /><br />I tried to point out how many sites are set up just to spot mistakes in movies and how many people comb through books looking for mistakes like that so they can be the one to "take down" a popular writer. I tried to make him look at all the people that loved the book. <br /><br />He was having a tough time getting past that review because it was a stupid mistake and he knew better.<br /><br />There's always one in the crowd.<br /><br />People like that are the reason I've put off writing the Civil War story for years. I have hundreds of Civil War books. I'll research it to the best of my ability, but someone is going to challenge me on something. I've already had several people tell me a confederate spy wouldn't act that way. Sorry, that particular scene was based on a true event.<br /><br />You just have to do the best you can. If a person is very charming, they might even be able to turn that person who wrote into a resource. <br /><br />"I know for a fact that bridge was blown up on July 5, 1862 because my great, great uncle lost his arm while planting the explosives there. Your dates are off."<br /><br />"That is absolutely fascinating. What else can you tell me?"<br /><br />It's amazing what people will tell you with the right prompt. That was always the best part of working for the magazine. I had one owner who refused to speak to me after his horse won a race. I did three interviews and that was it. I never wrote anything embarrassing, but he said he just couldn't shut up when he was talking to me and was pretty sure he'd give me the combination to his safe at some point. After that it was interviews with his trainer only. <br /><br />Maybe I'm off, but that's how I'm going to try and handle people who find holes. We'll discuss them over virtual sweet tea like civilized people Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-17040756.post-62171882475708283032015-06-10T16:36:00.372-04:002015-06-10T16:36:00.372-04:00Thanks. I feel crummy and I'm anxious, which i...Thanks. I feel crummy and I'm anxious, which is unlike me. It's all in God's hands, but I've been able to avoid hospitalization for a year and a half by being very, very careful, and one tiny thing changed and got me very sick very fast. I was writing, in the zone, back and forth with you guys as my word count ballooned (now at 122K and I'm in trouble!). 2:00 I was fine. 2:30, I texted my husband, "Pain." By 4:30, I knew beyond a shadow of a doubt that I had pancreatitis. By 6, we were discussing admission and I was scared - usually, it takes days for me to admit to it, and I almost never actually go in. When I do, it's for dehydration because I don't eat or drink because it hurts too bloody much. And then, I go to the ER and say, "2 L of salineJuliehttps://www.blogger.com/profile/15041316285692964293noreply@blogger.comtag:blogger.com,1999:blog-17040756.post-90814271097999858542015-06-10T16:34:59.311-04:002015-06-10T16:34:59.311-04:00Colin - it saddens me to say, but boy, there sure ...<br /><br />Colin - it saddens me to say, but boy, there sure are readers who will. If you write about an identifiable place and you say the milk bar is opposite the post office but it's not, you'll get people writing in telling you so. This is true even if you call it something different, as long as people decide it's supposed to be the town they know. In fact it's true even if you're writing secondary world fantasy, for that matter! My friend has received plenty of mail along the lines of 'X wasn't invented until Y date, so your world is WRONG' or 'historically THESE people were treated like THIS' and she has to very politely bite down and refrain from pointing out that IT IS A MADE UP WORLD. <br /><br />Of course, you are perfectly correct that these people need to get a life. :) And you certainly don't have to pander to them.Sam Hawkehttps://www.blogger.com/profile/05549251130820223139noreply@blogger.comtag:blogger.com,1999:blog-17040756.post-67082434987884673652015-06-10T16:19:05.589-04:002015-06-10T16:19:05.589-04:00Julie,
Sorry to hear about all this. How scarey. ...Julie,<br /><br />Sorry to hear about all this. How scarey. I hope you're feeling better soon.<br /><br />JWAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-17040756.post-89968272872619111772015-06-10T16:13:01.512-04:002015-06-10T16:13:01.512-04:00Hi. It's me. :)
Went in a week ago; worst acut...Hi. It's me. :)<br />Went in a week ago; worst acute pancreatitis I've had maybe since 2009 or so. And my kidneys shut down while I was there.<br /><br />Was discharged still ill and have been fighting to stay out all week.<br /><br />Went to see MD today and had labs drawn. My own MD is attending at hospital this week, so this was someone else.<br /><br />I have peritonitis. The pancreatitis appears to have worsened. And the kidneys are hanging in, which is what allows me to be posting now.<br /><br />We're waiting for labs. MD called my usual doc, who advised that I was competent in managing my own care when ill and would likely do better at home as long as we could keep the symptoms under control and the kidneys working.<br /><br />So the labs will be important, and if I can get the peritoneal and pancreatic pain under control without becoming completely blotto (and therefore in need of someone else managing it), that would allow me to drink and thereby bring my kidneys back online. If not, I'll be readmitted. Balance of probability has me back in the hospital by this weekend. (To answer questions - I have a congenital malformation called pancreas divisum; for many people, it's no biggie. In me, it's severe enough to force me from medicine and onto disability.)<br /><br />More about OP when I get home - it has to do with patient stories.<br /><br />Cheers.<br /><br />Pancreas fish.<br /><br />Pls come visit me on FB. I miss you.Juliehttps://www.blogger.com/profile/15041316285692964293noreply@blogger.comtag:blogger.com,1999:blog-17040756.post-59205832707471600552015-06-10T15:41:30.243-04:002015-06-10T15:41:30.243-04:00How on earth does this not wreak havoc on memoir? ...How on earth does this not wreak havoc on memoir? NotaWarriorPrincesshttps://www.blogger.com/profile/01754153935155853192noreply@blogger.comtag:blogger.com,1999:blog-17040756.post-7958544027563022142015-06-10T15:31:32.070-04:002015-06-10T15:31:32.070-04:00Late to the party on this one (thanks, work!), but...Late to the party on this one (thanks, work!), but here's my 2 cents for what it's worth.<br /><br />If you don't have to base your story so tightly on real people, places, and institutions, DON'T! It's fiction, not memoir, not history. People expect fiction to play fast and loose with the fact. Fiction is, well, made up. J K Rowling says she based Gilderoy Lockhart on a real person, but she has never said who. Sure, she doesn't want to be sued--but there again, who's going to admit to being her inspiration for Gilderoy Lockhart. On the other hand, she has publicly acknowledged her childhood friend who was the inspiration for Ron Weasley. The point is, these are fictional characters based on real people, but not closely enough that anyone's going to sue.<br /><br />Another thought: think how many novels have been written over the past 20 years. What's the probability that one of them has a character called Colin Smith who's an ex-pat Brit? Out of millions of books, there's always the chance. Am I going to chase down that book, that author, and claim royalties? Of course not. Just because one of your characters happens to be called Charlie Windsor, the Prince of Wales is not going to come looking for you (unless, of course, Charlie is married to Camilla and his mother lives in Buckingham Palace).<br /><br />I wrote a novel that was set in a town based on my home town. There were times when I would get so caught up with trying to describe details of the actual town, finding the correct words for certain landmarks, colors, etc. One day it occurred to me: this is FICTION! No-one's going to fact-check, and if they do, they need to get a life! Fiction is about taking reality and making it fit the story.<br /><br />So, if your novel hits too close to home, names real people that can be identified, etc., then get the lawyers in for sure. For historical fiction, perhaps--and that's an interesting angle. What are the rules when you're writing HistFic set in the recent past when the people in your story are still alive? For example, a story set in the White House during the Clinton or Bush years?<br /><br />OK, enough of my vomments. Back to work! :)Colin Smithhttps://www.blogger.com/profile/03292997431935215499noreply@blogger.com