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Guest Post: My Twenty-Four Hour Dream

Header image: clapperboard resting on top of open book (Credit: Billion Photos / Shutterstock.com)

I've written many scam case studies and investigations on this blog, all of which reference and/or describe writers' direct experiences (while protecting their identities, as Writer Beware always promises to do). But when the essay below landed in my inbox this week, it presented the perfect opportunity to offer a different perspective: a writer's own first-person description of her encounter with a scammer.

The scam in question is an extremely common one: out-of-the-blue contact from someone claiming to be a well-known film producer/famous movie director/executive with a major production company supposedly eager to turn the writer's book into a movie. The essay details all the typical elements of this often-elaborate fraud: praise and promises carefully calibrated to manipulate the writer's hopes and dreams (and ego), contracts and other items that lend a veneer of authenticity, even a phone call from the famous director attached to the project! But also warning signs, which this writer didn't ignore but too many writers do--such as American movie people speaking with strong foreign accents.

Denise Beck-Clark has kindly given me permission to use her name and bio (at the bottom of the post). Hopefully her experience will help other writers recognize and avoid this type of scam. (My favorite part of the story: when the scammer recommends using Writer Beware.)

Generative AI and Copyrightability: Report From the US Copyright Office

Header image: pile of crumpled multicolored Post-it notes, each with a copyright symbol (Credit: StepanPopov @ Shutterstock.com)

In 2023, the US Copyright Office launched an initiative to examine the legal and policy implications for copyright of generative AI (GAI). Incorporating comments from the public, the resulting report will be issued in installments, each addressing a different topic.

Today, I'm discussing the second installment, published in January, which offers the Office's determinations on what does, and doesn't, make a work that incorporates GAI eligible for copyright protection. (Part 1 came out in 2024 and covered digital replicas--deepfakes, etc.) There's a lot of confusion in this area, and while the report does deliver some welcome clarity, there's still plenty of ambiguity for individual creators and individual works.

Bottom line: works that incorporate GAI may be copyrightable. But there are limitations, and the determination must be made on a case by case basis.

A New Scam to Watch For: “Pre-Paid” Agent Commissions

Header image: the word "scam" spelled out in red dice, in front of other, blurred multi-colored letter dice against a black background

As I've discussed to my readers' exhaustion, as well as my own, impersonation scams are rife these days. Scammers are impersonating real, reputable literary agents, publishers, editors, film production companies, bookstores, and organizations with out-of-the-blue phone and email solicitations purporting to offer representation, or publication, or a big budget movie--but in reality, the goal is to steal writers' money by convincing them to pay large fees for fake, unnecessary, or wholly fictional goods and services.

Often, scammers impersonating Big 5 publishers create fake publishing contracts, either to string the writer along or as an incentive to pay exorbitant fees. That's where you'll find the latest scam ploy, the pre-paid literary agent commission.

Here's the relevant clause from a Penguin Random House contract fabricated by Calyx Literary Agency, which (falsely) claimed to have submitted to PRH on the author's behalf (you can see the entire contract here). Supposedly sent by Jessica Willow, PRH Contract Associate, the contract promises a "total contract price" of $230,000.

Author Complaints at Clear Fork Press

Clear Fork Press logo, including the words "Clear Fork Press" plus images representing its imprints (Spork, Blue Whale, &MG, and Rise)

In early February, author Vanessa Keel published a long, cautionary blog post about her experience with one small publisher. It was not a happy tale: an absent editor, little marketing support, a non-standard wholesale discount that discouraged bookseller orders, problems with royalty statements and payments, and much more. The result: few sales, crushing disappointment, and, ultimately, a rights reversion.

Vanessa didn't name the publisher, but she did mention the title of her book. So it was easy to confirm that the publisher in question was Clear Fork Press (CFP), a children's book publisher that publishes under four imprints: Spork, Blue Whale Press (formerly an independent publisher, acquired by CFP in 2020), &MG, and Rise. Per Amazon, CFP has a catalog of around 150 titles, most released via the Spork imprint (though you'd never know it from looking at the CFP website--more on that below).

I first heard about Clear Fork Press (then Clear Fork Publishing) way back in 2016, thanks to questions from authors who'd received contract offers. At the time, CFP had no imprints; its (poorly formatted and unprofessionally-worded) contract was quite brief, but included one significantly author-unfriendly provision: royalties paid on net profit (actual sales income less printing and shipping--for why this can be a contract red flag, see here).

Are Writers Uniquely Vulnerable to Scams?

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This is a question that sometimes comes up when I do interviews. Writer Beware has been in operation for more than 25 years, yet it’s still so busy. There seem to be so many scams that target authors. Are writers somehow more vulnerable to fraud than other creatives?

In my opinion, no.

Writing scams aren’t unique. There are similar frauds in every creative industry. Headshot scams for models. Talent agency scams for actors. Representation scams for illustrators. Pay-to-play venues for musicians and artists. They may not be as numerous as writing scams, but they are widespread, and they use the same tricks and techniques to lure and ensnare victims.

Why Cheap Promo is No Bargain: The Promo Website Empire of Alwin Gnanaraj

Header image: outstretched hand dropping $1, $10, and $20 bills into a stainless steel garbage can (credit: Atsushi Hirao / Shutterstock.com)

A literary agent recently reached out to me to let me know that one of their authors (a well-known literacy advocate) was being impersonated via a message falsely sent out under the author's name. The purpose of the message: plugging a "perfect" marketing website called AllKidsBooks (I've redacted the author's name and email address):

From what appears on its website, AllKidsBooks (warning: if you click the link, you'll be routed to a Cloudflare "verify you're human" page before you can access the site) is one of those DIY promo sites where authors sign up to post their own books, book trailers, events, etc., supposedly to boost their exposure to an eager audience. Additional perks include the promise of social media and email marketing.

Without information about traffic and/or subscribers and followers, such sites are pretty dubious as a marketing strategy, even if they're free. And AllKidsBooks is not free.