Dear Author Literary Agency

Lawsuit Against Smart Bitches

Someone emailed me and asked if we would be doing legal work beyond representing individuals. Absolutely. We will be providing legal consultations for individuals wanting to bring publishing lawsuits. This falls under the Dear Author Media Network.

Dear Author Media Network launched an offensive to protect the work of the ICHeroes.org by filing a lawsuit asking for an injunction and monetary relief. The entirety of the demand letter is excerpted below. I do believe it is a tragedy that it has come to this. We expected Smart Bitches to be wiser and more ethical about the publication of their work. After all, no one has made a bigger issue out of plagiarism and copyright than the Smart Bitches.

I would have thought that the two of them, Candy and Sarah, would have recognized that their ethical and legal duty was to agree to the removal of some small passages. The excision of the material related to ICHeroes.org would not have made a significant or substantial change. The inclusion, however, is set to damage the reputations and business interests of ICHeroes tremendously.

Frankly we see too many authors being ripped off by ineffective agents and by greedy publishers. We plan to put a stop to this by engaging in hard hitting negotiations and when that fails, lawsuits. We know how to sue and aren’t afraid to use that tool in our powertool chest. Others might only bring a hammer.

We have a sledgehammer, an ax, a mace, a club, and all kinds of other weapons from the medieval to the modern. Going with any other entertainment agency will only render you substandard service. Either you want success or you don’t.

****

Friday 27 March 2009

I am writing on behalf of my clients, the International Consortium of Heroes (ICH). ICH, as you may know, is primarily responsible for sourcing hero archetypes to the romance novel industry. It has come to our attention that you intend to publish a book entitled Beyond Heaving Bosoms: the Smart Bitches’ Guide to Romance Novels. This book contains several emails that the ICH members had exchanged. It is unknown how your authors have come to be in possession of these emails but they are private correspondence between ICH and are not for public consumption.

The publication of these emails would violate the ICH copyright and would be improper republication of creative content. We would think that you, a publishing house, would be particularly mindful of individual content creators right to control the distribution of their own work. Any republication of these private copyrighted documents would expose you to untold monetary damages and a loss of reputation within the publishing community. There is no argument for fair use as the entirety of emails are being republished. It is not for commentary or discussion, but rather a wholesale use of my clients’ private ruminations for your profit.

Further, the publication of these emails would reveal trade secrets. The ICH is always working to create romance heroes that provide the correct balance and superiority over the International Coalition of Villains (hereinafter ICV). A trade secret is information including, but not limited to, formulas, patterns, compilations, methods, techniques that are generally not known and not readily ascertainable by ordinary means. ICH takes pride in maintaining the secrecy of overcoming personal angst, seeking revenge while maintaining a soul, learning to overcome bad parenting to seek solace in the arms of a good virginal woman, knowing which women are innocent despite their sometimes brazen outward appearances, pursuing the secret of providing orgasms to women who have never had an orgasm before, impregnating heretofore barren women, and other traits, methods, techniques that provide the demarcation between heroes and villains. If these trade secrets were to become known, the ICV would obtain an unfair advantage over the members of ICH and perhaps, bring ruination to ICH.

Finally, the publication of these emails are an invasion of privacy. The emails intrude upon the private affairs of ICH, include public disclosure of private facts, the publicity is likely to place the ICH in a false light in the public eye and you or your authors are appropriating the ICH for your own advantage.
Please cease and desist all publication, marketing, distribution, sales, and any other activities related to the book Beyond Heaving Bosoms. Failure to comply with this letter will result in our filing a motion for injunctive relief and damages against you. Please respond in writing to this request by April 1, 2009.

Jane Litte
Attorney at Law
Litte, Mehangurl, and Puppett, LLC

cc: Sulay Hernandez, Editor, Touchstone Fireside, a division of Simon and Schuster
Daniel Lazar, Writer’s House
Sarah Wendell, Smart Bitches Trashy Books LLC
Candy Tan, Smart Bitches Trashy Books LLC

  1. […] immediately filed a petition for damages and a request for temporary permanent injunctive relief. You can read more about the legal matter here. The authors are well known to this community and I am sorry to have to subject them personally to […]

  2. If we all feel that our feelings were hurt by those tramps at SBTB, can we file a class action suit asking for gazillions in damages for emotional trauma? Will you take the case on a contingency basis?

  3. Holy crap, you totally had me going there…

    I love that “providing orgasms to women who have never had an orgasm before” is considered a “trade secret”.

  4. […] includes a discussion of “The Hero’s Wang of Mighty Lovin’” (and of course, emails from Lord Hawklencravenbearesfordvilleperegrineton). Two chapters on sex (rape and good sex). “Create Your Own Deflowering Scene” magnetic […]

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