Getting Medieval with Internet Shaming: Why Words You Choose to Post Matter

Ah, the First Amendment. People can say whatever they please and government with a big “G” can’t do squat about it, right? Not exactly. The U.S. Supreme Court has said, in essence, “Well, yeah, you can pretty well say what you want, kind of. It’s okay to express your antiwar views by burning your draft card or yelling, ‘war sucks.’ But you can’t yell, ‘Fire!’ in a crowded theater, among other things. In many instances, the speaker’s interest in his/her freedom of speech is outweighed by the public interest in not permitting that speech to take place.”

I strongly recommend that anyone contemplating writing and posting something controversial that you believe involves exercise of free speech READ Elonis v. United States which was argued late last year. (http://www.scotusblog.com/case-files/cases/elonis-v-united-states/) Although the facts of Elonis are somewhat narrow, the Court never takes on an issue without seeing a much bigger picture. The interesting aspect of this case from a social media and writing standpoint is that it focuses on what the Defendant said in social media to establish the intent to commit a crime. Think about that for a minute. Now, no longer would you have to, I don’t know, write a letter threatening someone; or scream at them in person before whacking them with a drop gun pulled from your sock (anyone dumb enough to put one in their shorts deserves what logically comes from that poor decision).

Some of my colleagues used facebook posts as evidence in a number of cases because people say things online they shouldn’t have if common sense had not been lacking. This got me thinking about the latest trend of shaming. We all roll when we view the dog and pet shaming sites because animals don’t sue you for mental abuse. Some should consider it, but they don’t. And many of us laugh at funny family photo memes from long ago (as in the 1970s) or other memes depicting faces of people we’ve never met and who might not even know their photo is being run down online.

Then we cross over into, say, blasting people who make poor decisions and record it either via video or photo; or who look or behave differently than “the norm” – whatever that is. Here’s a classic example of the latter: http://www.psmag.com/nature-and-technology/the-dancing-man-is-example-of-both-fat-shaming-and-the-internets-glory  Shoot man, I would have been right there dancing with him. He’s cool as hell and obviously has a good time.

I am reminded of a time when folks were put into stocks or worse for saying and doing stupid things. Yeah, the internet is supposed to be free, but it does not eliminate the requirement that you nonetheless try to remain decent to others regardless of whether you disagree with their viewpoints or find them patently offensive.

The theory is that if someone posts something the collective “we” (whoever they are) finds offensive, it then gives the trolls the “right” to shame them back….meting out a very medieval form of vengeance. Vengeance is never justice. Make that distinction early on in your writing career because if you confuse the two, you could end up arrested; sued; and shamed by people supporting the shamed. It becomes a vicious cycle where no good is served and a lot of damage is done to someone for doing something so monumentally stupid like this (http://www.huffingtonpost.com/2012/11/20/lindsey-stone-facebook-photo-arlington-national-cemetery-unpaid-leave_n_2166842.html)

I honestly could never, in a million years, understand how or why one could contemplate posting thing such as these two women did; but perhaps we should figure out how that thought pattern expresses in that manner. I think that is more bothersome than the actual images and words. It reflects a trend of not caring what you say, and how and to whom you say it.  Like, oh my God, seriously? Yeah, seriously.

As writers, you have an obligation to use your words in a good way. Hate speech is so common and destructive today that I cannot even begin to say how awful it is. Frankly speaking, isn’t there enough hate in the world and do ya really want to add more to it? Internet shaming is often indistinguishable from hate speech. This is especially true when it deals with people who look or behave differently. Maybe they’re overweight or extremely thin; short, misshapen; or handicapped, and they get shamed. The “normal police” blurt out this hateful stuff and, “BLAM!”, you’ve just trashed someone in  way they often internalize. I know for a fact that bullying causes kids to commit suicide. Shaming is internet bullying to me. You shouldn’t do it, period. And that means on either side of the fence. Look at the post, shake your head, and go to another page. Paying attention to it gives that behavior power it doesn’t need. And don’t even think of calling it activism. It isn’t. Activists use speech to put a message out there that can lead to positive change. Internet shaming is a destructive force. Ne’er the twin shall meet.

I’m going to tell you why: people take the internet social media so seriously today that employers patrol their employees to see how they “really” are, then HIRE or FIRE them based on that content; the FBI cruises individuals’ sites looking for patterns to indicate involvement in terrorism or any number of federal offenses; law enforcement looks for evidence in facebook posts to support criminal charges; civil attorneys study posts and pictures to destroy the other side’s credibility in divorce and child custody cases.

If what you post isn’t true, well, you could be sued. Ouch – that can cost you lots of money in some instances. The internet is an awesome tool. It gives people access to a world so vast and diverse it is staggering. BUT as human beings regardless of race, religion (or lack thereof), sexual/gender preference, economic and social status we all deserve equally to be treated decently by each other. Pity the fools who post stupid stuff but don’t magnify stupid by responding. I can’t say it any more clearly than that. I’d rather see you set the world on fire with brilliant prose and poetry painting this life as real as it gets than being shamed back.

Posted in Diversity, first amendment, law, publishing, Spirituality, Writing | Tagged , , , | Leave a comment

The Fine Art of Contract Negotiation from a Lawyer’s Perspective

I have been an attorney/lawyer/Esquire-ette/scum-sucking bottom dweller (nudge,nudge, wink, wink, say no MORE) for going on 25 years. I have been a writer for much longer and an author for almost as long. Throughout the years, one factor in the publishing world remains constant: writer/authors often lack skills to negotiate the best agreements with publishers, agents, co-authors, cover artists, all kinds of editors, and many other players in the publishing game even when they are attorneys. Hmmm, so I need to follow my own advice, which I did…eventually.

I’ll give you a “for instance” from  my personal experience when I was still very green to the publishing industry. I was not green as an attorney but not well versed in agents. I signed on with one who successfully got me a publishing contract with a small press. My work had been edited by uber-professionals with ridiculous street cred. That was luck and fate. What happened from there was less stellar and, frankly, my adventure down the road less traveled was akin to a crazy liquor and cheeseburger party on “Trailer House Boys” (a favorite BTW).

I should have paid much more attention to the language in the contract and less to the excitement of being signed.  Said contract offered the author an advance of “stock warrants” in exchange for my rights and a miniscule percentage from sales on a very odd time frame. The hardcover comp copies were decent, though, although I questioned the logic in making one’s debut novel a hardcover and not a trade paperback. Forget that the cover looked like Lady Justice was wearing the S&M version of a cross-your-heart bra (no joke, it was heinous) and the cover price was over $24.00. I remain convinced that many a cover was shoved into a box in some fetishist’s closet.

I was so amped to get the product out to market that, like a fool, I SIGNED it. Dumb and dumber, meet Lisa dumbest at that point. I took securities law and had been a stockbroker’s apprentice in L.A. I knew that stock warrants don’t exist until a company is publicly traded. This house was not and, in all likelihood, never will be. Over a two year period I earned around $11.00 or so for it.

On a positive note, it did help me get onto two panels on small press marketing at the Rocky Mountain Fiction Writers “Colorado Gold” conference. That was good exposure even though most writers who attended my panels were more interested in CONTRACTS and TAXES. I knew I never should have mentioned I was an attorney in my bio.

Long story short, I donned my non-Bridget Jones panties; ended contract with agent (called TERMINATION – remember that word) and got my rights back IMMEDIATELY. Let me hope that after reading this you turn away from the excitement of an offer by agent or publisher and focus on the nature of the relationships and how to work them to your best advantage.

Typical language you can expect to see in a legitimate contract:

Full terms of payment (only applies to agents and/or publishers); disclosure of any and all fees to be taken from your “cut” (these are usually expressed as a percentage); ALL FEES CHARGED FOR THE WORK (primarily self publishing houses); set dates for royalty statements to be sent to you regardless of number of sales; DISPUTE RESOLUTION LANGUAGE so you know exactly how to proceed if you get into it with anyone over the book; BANKRUPTCY language in the event the company folds – this can be particularly true of new indie presses and faux agent houses and creepy publishers who seem “off”.

Begging the obvious and the most overlooked aspect to understanding contract language: Read it even if it is boring, because it will be. It will be boring and dry all at once. If you don’t understand a term, look it up but never ignore it. If you have questions, ask the agent/publisher. If they give a legit response that passes your smell test, do what you need to do to complete the contract and move forward. If it doesn’t meet the smell test drop the agent/publisher like a rock because it could get worse and you could – as I found out from another experienced author’s tales of woe – end up sacrificing your rights for a long time. Preditors & Editors are excellent with regard to SNOPES-ing out the crassdogs in the publishing world.

Why is this so important: the basic economics of publishing dictate that agents, publishers and all affiliated professionals are there to do what? Make money off of your book. It really is that simple. Don’t need no app or algorithm to do that math. This, in turn, requires you to pull your artist ego out of your figurative butt and move to maximize your working knowledge of the process to your advantage.

A webinar on the subject from the most excellent writers digest site:

http://www.writersdigestshop.com/legal-issues-contract-basics-webinar?lid=wdbkblog011113book-contract-endpromo

An excellent book on negotiation that I spent over $100K to discover during dispute resolution class in law school:

6thfloor.pp.fi/fgv/gettingtoyes.pdf

As should be clear from this exceedingly brief and zip overview, contracts are so dang important. Don’t set them aside or blindly sign them because guaranteed, you will regret it. If you have the resources, have an attorney review them for a flat fee (never hourly). If you have a friend in law school, have them run it by their contracts professor as a “hypothetical.” If mom, dad, in-laws, outlaws know attorneys, have their spouse/friend/partner/owes me a favor from way back when after saving me from Guido the thug…review it. Your friend whose already published, your writer’s group, a third set of eyes preferably who has experience and knowledge.

If you are entering into a much less formal agreement with, say, an individual editor or artist, it can be as simple as putting the agreement in your own words in or attached to an e-mail with a “read receipt requested”. It is good to include the obvious things like names and addresses of the parties, a price, scope of work, and dates to finish; as well as making any changes in writing the same way. and including signature lines.

Print it out, sign it and email it back to the other party. You’ve just created a contract.

Obviously this post is not intended to give legal advice, only the lay of legal land you will encounter as a writer/author.

WARNING: CONTAINS VAST AMOUNT OF PROFANITY

Posted in agents, law, other independent publishing professionals, publishing | Tagged , , , | Leave a comment