Happy Thanksgiving JPG

Happy Thanksgiving!

Welcome to the AbsoluteWrite Water Cooler! Please read The Newbie Guide To Absolute Write

editing for authors ad

A publisher or agency using Google ads to solicit your novel probably isn't anyone you want to write for.


Go Back   Absolute Write Water Cooler > Discussion > Bewares, Recommendations & Background Check
Register FAQ Calendar Mark Forums Read

Reply
 
Thread Tools Display Modes
Old 11-27-2003, 03:41 PM   #1
erich v
Guest
 
Posts: n/a
[Agency] Inkwell Management

Carlisle & Company literary agents, on their website, require writers who submit their product to agree to certain terms. Most of these terms seem fine with me, except this following stipulation:

"Carlisle & Company and/or any of its clients may have created, may create, or may otherwise have access to materials, ideas, and creative works which may be similar or identical to the Material with regard to theme, motifs, plots, characters, formats, or other attributes; and (v) I shall not be entitled to any compensation because of the proposed use or use of any such similar or identical material that may be or may have been created by Carlisle & Company and/or any of its clients or that may or may have come to Carlisle & Company and/or any of its clients from any other independent source."

Does this seem fishy to anybody else but me?

I would appreciate some input on this.

Thanks,
erich v.
  Reply With Quote
Old 01-11-2004, 01:01 PM   #2
emeraldcite
Guest
 
Posts: n/a
Re: Agents/publishers

erich: you might want to post that as its own topic on the board. you might get more responses that way.
  Reply With Quote
Old 04-09-2006, 12:24 AM   #3
omega12596
New kid, be gentle!
 
Join Date: Jul 2005
Posts: 143
omega12596 is on a distinguished road
[Agency] Inkwell Management

This is a recommended lit agency, according to Pred & Ed. I actually found it because I was looking up information on Michael Carlisle. At any rate, they have a "release for unsolicited mss.[sic] via electronic submission"

http://www.inkwellmanagement.com/submissions.html

I was okay with most of it until I came to part under the "I agree that..." parts three through five. I read it as an 'just in case one of our peeps comes up with a story pretty much identical to yours, you can't touch us' but it seems to me it has an underlying implication that, if by chance one of our clients shoud accidentally see your stuff, and decide to write the same damn story, we aren't liable.'

Is this the norm?
__________________
Emma Ray Garrett
www.romance-the-night.com/emma_ray_garrett
omega12596 is offline   Reply With Quote
Old 04-17-2006, 11:05 PM   #4
CaoPaux
Mostly Harmless
SuperModerator
 
CaoPaux's Avatar
 
Join Date: Feb 2005
Location: Coastal Desert
Posts: 11,576
CaoPaux is so great that we've run out of appropriate complimentsCaoPaux is so great that we've run out of appropriate complimentsCaoPaux is so great that we've run out of appropriate complimentsCaoPaux is so great that we've run out of appropriate complimentsCaoPaux is so great that we've run out of appropriate complimentsCaoPaux is so great that we've run out of appropriate complimentsCaoPaux is so great that we've run out of appropriate complimentsCaoPaux is so great that we've run out of appropriate complimentsCaoPaux is so great that we've run out of appropriate complimentsCaoPaux is so great that we've run out of appropriate complimentsCaoPaux is so great that we've run out of appropriate compliments
Such CYA clauses aren't uncommon with agencies that deal with a lot of script/screenwriters (which are even more paranoid than print writers about idea theft). Whether such clauses are effective, enforceable, and/or something to be concerned about, I dunno.
__________________
ICAO
---------
Achievers strive for excellence. Perfectionists drive themselves to extinction. -- A Grapple A Day
I've never known any trouble that an hour's reading didn't assuage. -- Charles DeSecondat

2013: II2014:
CaoPaux is offline   Reply With Quote
Old 04-18-2006, 01:20 AM   #5
victoriastrauss
Writer Beware Goddess
Absolute Sage
 
victoriastrauss's Avatar
 
Join Date: Feb 2005
Location: Far from the madding crowd
Posts: 6,595
victoriastrauss is so great that we've run out of appropriate complimentsvictoriastrauss is so great that we've run out of appropriate complimentsvictoriastrauss is so great that we've run out of appropriate complimentsvictoriastrauss is so great that we've run out of appropriate complimentsvictoriastrauss is so great that we've run out of appropriate complimentsvictoriastrauss is so great that we've run out of appropriate complimentsvictoriastrauss is so great that we've run out of appropriate complimentsvictoriastrauss is so great that we've run out of appropriate complimentsvictoriastrauss is so great that we've run out of appropriate complimentsvictoriastrauss is so great that we've run out of appropriate complimentsvictoriastrauss is so great that we've run out of appropriate compliments
That clause isn't there to enable the agency to rip off your work with impunity; it's to protect the agency against frivolous claims of infringement. It's routine in the film industry; you don't run across it all that often in the book world, except, as Cao says, where agencies deal with a lot of film/dramatic stuff.

- Victoria
__________________



Victoria Strauss
www.victoriastrauss.com
Writer Beware: www.writerbeware.com
Writer Beware Blog: www.accrispin.blogspot.com
Follow me on Twitter


victoriastrauss is offline   Reply With Quote
Old 04-17-2007, 12:16 AM   #6
stepephen
Guest
 
Posts: n/a
This is definitely a legit agency. They represent The South Beach Diet Books, Shopaholic series, Anthony Bourdain, etc. They also do lots of celebrity memoirs, such as Tina Turner and an upcoming Andre Agassi.
  Reply With Quote
Old 06-06-2007, 02:26 AM   #7
Bealeblast
figuring it all out
 
Join Date: Apr 2007
Posts: 81
Bealeblast is on a distinguished road
Cool At Inkwell?

Has anyone heard of Melissa Mickelson at Inkwell Mangement Co?

I queried two other agents there over the past four months, and received two rejections from them. Then a month later received a request for a full from Melissa whose name is not on the website. I'm guessing either a new agent there or an assistant. I know it's a top agency. Any other specific info appreciated.
Bealeblast is offline   Reply With Quote
Old 06-06-2007, 02:47 AM   #8
BrookieCookie777
practical experience, FTW
 
BrookieCookie777's Avatar
 
Join Date: May 2007
Posts: 573
BrookieCookie777 has a spectacular aura
Can't say that I"ve heard of her - but usually if there are complaints on someone they will be easily found. I would trust but check around just to be sure. I can't see Inkwell hiring someone who would bring their name down.
__________________
"Cowards die many times before their deaths,
The valiant never taste of death but once."


- Shakespeare
BrookieCookie777 is offline   Reply With Quote
Old 08-06-2007, 08:35 PM   #9
Heck Why not?
Guest
 
Posts: n/a
Hello... newbie here. Was just wondering what the typical turnaround time is for snail mail submissions to Inkwell? Thanks, all.
  Reply With Quote
Old 10-05-2007, 01:06 AM   #10
jchapin
Guest
 
Posts: n/a
Inkwell Management, copyright questions

Hi, new writer, just finished my first novel and am now in the process of flogging it to agents in NYC and environs (am in Nova Scotia). I opened the site for Inkwell Management, www.inkwellmanagement.com, and see under their submission heading a great little disclaimer that includes the following: iii) InkWell Management and/or any of its clients may use without obligation to me any material which is not legally protected; (iv) InkWell Management and/or any of its clients may have created, may create, or may otherwise have access to materials, ideas, and creative works which may be similar or identical to the Material with regard to theme, motif, plots, characters, formats, or other attributes; and (v) I shall not be entitled to any compensation because of the proposed use or use of any such similar or identical material that may be or may have been created by InkWell Management and/or any of its clients or that may have been created by InkWell Management and/or any of its clients that may have come to InkWell Management and/or any of its clients from any other independent source.

Now, I know I'm new and all that, but what I think I'm hearing here is that if you happily sign this and send in your cherished work, they can steal it. Am I wrong here? The larger query is, what does everyone do to copyright their stuff??

Many thanks!
Jennifer
  Reply With Quote
Old 10-05-2007, 01:11 AM   #11
Pamster
Summer time Blues
 
Pamster's Avatar
 
Join Date: Jan 2007
Location: Hot & Humid Florida
Posts: 1,876
Pamster leaves trails of profuse coolnessPamster leaves trails of profuse coolnessPamster leaves trails of profuse coolnessPamster leaves trails of profuse coolnessPamster leaves trails of profuse coolness
Supposedly it's copyright protected by putting your legal name to it as soon as you've written it, but it sounds like from that it is no longer the case and they are trying to push the legal issues to make us go to extreme lengths to copyright protect our work. I wouldn't sign such a document...
Pamster is offline   Reply With Quote
Old 10-05-2007, 02:01 AM   #12
herdon
What's up?
 
Join Date: Sep 2006
Posts: 1,118
herdon has a spectacular auraherdon has a spectacular aura
First, in the United States anything that is copyrightable is automatically copyrighted when it is created. For a writer, that means it is copyrighted as soon as it is written. Note: I said anything that is copyrightable. Ideas are not copyrightable. Only the execution of ideas (i.e. the actual story or article) is copyrightable.

Second, it's tough to say from just that snippet of the contract. It *sounds* like they are protecting themselves if you submit something similar to what someone else has already submitted that is in the pipeline to be published. It's not common, but I've seen it done. I think it is more common on the screenwriting side of things.

There is nothing in that wording that leads me to believe they are trying to grab any rights. For example, (iii) is really just saying "if you send us something that is public domain we can use it without your permission". (iv) is what I said above: two works on a similar idea. (v) is just protecting them where (iii) or (iv) are concerned.

Of course, I'm not a lawyer, so these are just my opinions.
__________________
Read all about the iPad.
herdon is offline   Reply With Quote
Old 10-05-2007, 02:15 AM   #13
jkorzenko
practical experience, FTW
 
jkorzenko's Avatar
 
Join Date: Apr 2006
Posts: 158
jkorzenko is on a distinguished road
Quote:
iii) InkWell Management and/or any of its clients may use without obligation to me any material which is not legally protected;
You're already legally protected. The moment you write something, as long as its original, it's yours.

Quote:
(iv) InkWell Management and/or any of its clients may have created, may create, or may otherwise have access to materials, ideas, and creative works which may be similar or identical to the Material with regard to theme, motif, plots, characters, formats, or other attributes;
This is what Havlen said -- it's a simple disclaimer that you can't sue them for similar or like work that's already been bought, being bought, almost bought.

Quote:
and (v) I shall not be entitled to any compensation because of the proposed use or use of any such similar or identical material that may be or may have been created by InkWell Management and/or any of its clients or that may have been created by InkWell Management and/or any of its clients that may have come to InkWell Management and/or any of its clients from any other independent source.
You can't sue them for a project that sounds like yours.

There really is nothing wrong with any of the above clauses. To me, I'd guess Inkwell has run the legal gambit at least once and their attorneys have determined that these statements are worthy disclaimers.

Julie
__________________
Julie Korzenko
DEVIL'S GOLD
Medallion Press
http://www.medallionpress.com
My Blog: http://www.juliekorzenko.blogspot.com
My Web: http://www.juliekorzenko.com


Last edited by CaoPaux; 05-26-2008 at 11:59 PM. Reason: fixing HTML
jkorzenko is offline   Reply With Quote
Old 10-05-2007, 02:32 AM   #14
James D. Macdonald
Your Genial Uncle
Absolute Sage
 
James D. Macdonald's Avatar
 
Join Date: Feb 2005
Location: New Hampshire
Posts: 22,920
James D. Macdonald is so great that we've run out of appropriate complimentsJames D. Macdonald is so great that we've run out of appropriate complimentsJames D. Macdonald is so great that we've run out of appropriate complimentsJames D. Macdonald is so great that we've run out of appropriate complimentsJames D. Macdonald is so great that we've run out of appropriate complimentsJames D. Macdonald is so great that we've run out of appropriate complimentsJames D. Macdonald is so great that we've run out of appropriate complimentsJames D. Macdonald is so great that we've run out of appropriate complimentsJames D. Macdonald is so great that we've run out of appropriate complimentsJames D. Macdonald is so great that we've run out of appropriate complimentsJames D. Macdonald is so great that we've run out of appropriate compliments
It means they spent too much time in Hollywood.
__________________
Madhouse Manor
James D. Macdonald is offline   Reply With Quote
Old 03-13-2008, 08:56 PM   #15
KikiteNeko
.
 
Join Date: Feb 2008
Posts: 2,374
KikiteNeko is so great that we've run out of appropriate complimentsKikiteNeko is so great that we've run out of appropriate complimentsKikiteNeko is so great that we've run out of appropriate complimentsKikiteNeko is so great that we've run out of appropriate complimentsKikiteNeko is so great that we've run out of appropriate complimentsKikiteNeko is so great that we've run out of appropriate complimentsKikiteNeko is so great that we've run out of appropriate complimentsKikiteNeko is so great that we've run out of appropriate complimentsKikiteNeko is so great that we've run out of appropriate complimentsKikiteNeko is so great that we've run out of appropriate complimentsKikiteNeko is so great that we've run out of appropriate compliments
Cool [agent] Londi Gamedze?

Does anyone know anything about Londi Gamedze over at Inkwell Management? I can't find any information on her at all.
__________________

KikiteNeko is offline   Reply With Quote
Old 05-22-2008, 09:25 PM   #16
Twizzle
Cluck that.
 
Twizzle's Avatar
 
Join Date: Jun 2007
Location: Middle of the road.
Posts: 1,442
Twizzle has a golden reputationTwizzle has a golden reputationTwizzle has a golden reputationTwizzle has a golden reputationTwizzle has a golden reputationTwizzle has a golden reputation
hmm.

so, one site says Kim Witherspoon takes snail queries only. another site says she's not taking any unsoli queries. and inkwell's site just gives addresses.

anyone? Bueller?

*sigh*

I hate querying.
__________________
"You're not a schmuck. You're just sort of a schmuck."-Giant Baby 2010

"Actually, I take that back. There's no 'sort of' about it."-Giant Baby 2011
Twizzle is offline   Reply With Quote
Old 05-22-2008, 10:23 PM   #17
Vandal
In the Center of things
 
Vandal's Avatar
 
Join Date: Jan 2007
Location: The Outer Limits
Posts: 1,245
Vandal is so great that we've run out of appropriate complimentsVandal is so great that we've run out of appropriate complimentsVandal is so great that we've run out of appropriate complimentsVandal is so great that we've run out of appropriate complimentsVandal is so great that we've run out of appropriate complimentsVandal is so great that we've run out of appropriate complimentsVandal is so great that we've run out of appropriate complimentsVandal is so great that we've run out of appropriate complimentsVandal is so great that we've run out of appropriate complimentsVandal is so great that we've run out of appropriate complimentsVandal is so great that we've run out of appropriate compliments
Quote:
Originally Posted by Twizzle View Post
hmm.

so, one site says Kim Witherspoon takes snail queries only. another site says she's not taking any unsoli queries. and inkwell's site just gives addresses.

anyone? Bueller?

*sigh*

I hate querying.

I sent her snail mail. She sent a rejection three weeks later.
__________________
The Secret at Haney Field: A Baseball Mystery arrives September 2014

Center Point is available from Writers AMuse Me Publishing

Dizzy Miss Lizzie returns November 22, 2014!

My website
Vandal is offline   Reply With Quote
Old 05-23-2008, 02:34 AM   #18
Twizzle
Cluck that.
 
Twizzle's Avatar
 
Join Date: Jun 2007
Location: Middle of the road.
Posts: 1,442
Twizzle has a golden reputationTwizzle has a golden reputationTwizzle has a golden reputationTwizzle has a golden reputationTwizzle has a golden reputationTwizzle has a golden reputation
hi ho hi ho it's off to snail I go then. thank you!
__________________
"You're not a schmuck. You're just sort of a schmuck."-Giant Baby 2010

"Actually, I take that back. There's no 'sort of' about it."-Giant Baby 2011
Twizzle is offline   Reply With Quote
Old 07-16-2008, 08:52 PM   #19
euclid
Where did I put me specs?
 
euclid's Avatar
 
Join Date: Jul 2008
Location: Paradise?
Posts: 1,919
euclid has earned our admirationeuclid has earned our admirationeuclid has earned our admirationeuclid has earned our admiration
Red face Ripped off again?

Quote:
Originally Posted by jkorzenko View Post
You're already legally protected. The moment you write something, as long as its original, it's yours. Julie
Is this true? Following cancellation of my contract with 'Writers Literary Agency', I paid $70 to CRS / IPRO for copyright protection of my manuscript. I can't believe I was ripped off again?
euclid is offline   Reply With Quote
Old 07-16-2008, 09:04 PM   #20
euclid
Where did I put me specs?
 
euclid's Avatar
 
Join Date: Jul 2008
Location: Paradise?
Posts: 1,919
euclid has earned our admirationeuclid has earned our admirationeuclid has earned our admirationeuclid has earned our admiration
I have a question (well, several questions) about Inkwell.

1. Are they new?
2. Does Michael Carlisle work there?
3. Does he represent Robert Harris (who wrote Fatherland)? I thought I read somewhere that he did/does.

I found Helen Zimmerman's agency. She lists Robert Harris as one of her clients. I read somewhere that R. Harris's agent (along with about 20 other agents) was leaving PFD and taking Harris with him/her.

4. Is Helen Zimmerman's agency new?

It's all very confusing
euclid is offline   Reply With Quote
Old 07-16-2008, 09:06 PM   #21
IceCreamEmpress
Hapless Virago
 
IceCreamEmpress's Avatar
 
Join Date: Nov 2007
Posts: 6,443
IceCreamEmpress is so great that we've run out of appropriate complimentsIceCreamEmpress is so great that we've run out of appropriate complimentsIceCreamEmpress is so great that we've run out of appropriate complimentsIceCreamEmpress is so great that we've run out of appropriate complimentsIceCreamEmpress is so great that we've run out of appropriate complimentsIceCreamEmpress is so great that we've run out of appropriate complimentsIceCreamEmpress is so great that we've run out of appropriate complimentsIceCreamEmpress is so great that we've run out of appropriate complimentsIceCreamEmpress is so great that we've run out of appropriate complimentsIceCreamEmpress is so great that we've run out of appropriate complimentsIceCreamEmpress is so great that we've run out of appropriate compliments
Quote:
Originally Posted by euclid View Post
Is this true? Following cancellation of my contract with 'Writers Literary Agency', I paid $70 to CRS / IPRO for copyright protection of my manuscript. I can't believe I was ripped off again?
Sadly, you were ripped off again.

There's no need to register the copyright of an unpublished work.

Also, if you filed yourself, the fee would have been only $35.

I strongly recommend that you read The Shortest Distance Between You and a Published Book by Susan Page and The Street-Smart Writer by our own Jenna Glatzer. Both books are really helpful in outlining the process and pitfalls of getting published.
IceCreamEmpress is offline   Reply With Quote
Old 07-16-2008, 09:27 PM   #22
CaoPaux
Mostly Harmless
SuperModerator
 
CaoPaux's Avatar
 
Join Date: Feb 2005
Location: Coastal Desert
Posts: 11,576
CaoPaux is so great that we've run out of appropriate complimentsCaoPaux is so great that we've run out of appropriate complimentsCaoPaux is so great that we've run out of appropriate complimentsCaoPaux is so great that we've run out of appropriate complimentsCaoPaux is so great that we've run out of appropriate complimentsCaoPaux is so great that we've run out of appropriate complimentsCaoPaux is so great that we've run out of appropriate complimentsCaoPaux is so great that we've run out of appropriate complimentsCaoPaux is so great that we've run out of appropriate complimentsCaoPaux is so great that we've run out of appropriate complimentsCaoPaux is so great that we've run out of appropriate compliments
Quote:
Originally Posted by euclid View Post
I have a question (well, several questions) about Inkwell.

1. Are they new?
2. Does Michael Carlisle work there?
3. Does he represent Robert Harris (who wrote Fatherland)? I thought I read somewhere that he did/does.

I found Helen Zimmerman's agency. She lists Robert Harris as one of her clients. I read somewhere that R. Harris's agent (along with about 20 other agents) was leaving PFD and taking Harris with him/her.

4. Is Helen Zimmerman's agency new?

It's all very confusing
1. No
2. If you mean this Michael Carlisle, yes.
3. Mr. Harris a client of Inkwell's, so it's possible.
4. No. Check the Index to find the thread for her agency.

Quote:
Originally Posted by IceCreamEmpress View Post
There's no need to register the copyright of an unpublished work.

Also, if you filed yourself, the fee would have been only $35.
It's $45 now, alas. But still way less than $70.
__________________
ICAO
---------
Achievers strive for excellence. Perfectionists drive themselves to extinction. -- A Grapple A Day
I've never known any trouble that an hour's reading didn't assuage. -- Charles DeSecondat

2013: II2014:
CaoPaux is offline   Reply With Quote
Old 07-16-2008, 09:52 PM   #23
IceCreamEmpress
Hapless Virago
 
IceCreamEmpress's Avatar
 
Join Date: Nov 2007
Posts: 6,443
IceCreamEmpress is so great that we've run out of appropriate complimentsIceCreamEmpress is so great that we've run out of appropriate complimentsIceCreamEmpress is so great that we've run out of appropriate complimentsIceCreamEmpress is so great that we've run out of appropriate complimentsIceCreamEmpress is so great that we've run out of appropriate complimentsIceCreamEmpress is so great that we've run out of appropriate complimentsIceCreamEmpress is so great that we've run out of appropriate complimentsIceCreamEmpress is so great that we've run out of appropriate complimentsIceCreamEmpress is so great that we've run out of appropriate complimentsIceCreamEmpress is so great that we've run out of appropriate complimentsIceCreamEmpress is so great that we've run out of appropriate compliments
Quote:
Originally Posted by CaoPaux View Post
It's $45 now, alas. But still way less than $70.
If you file online, it's still $35.
IceCreamEmpress is offline   Reply With Quote
Old 07-17-2008, 01:02 AM   #24
Crinklish
practical experience, FTW
 
Crinklish's Avatar
 
Join Date: Apr 2005
Location: New York, NY
Posts: 164
Crinklish is well-respected
Robert Harris agent

Quote:
Originally Posted by euclid View Post
3. Does [Michael Carlisle] represent Robert Harris (who wrote Fatherland)? I thought I read somewhere that he did/does.

I found Helen Zimmerman's agency. She lists Robert Harris as one of her clients. I read somewhere that R. Harris's agent (along with about 20 other agents) was leaving PFD and taking Harris with him/her.
Michael Carlisle at Inkwell represents Robert Harris, author of Fatherland and, more recently, The Ghost. Helen Zimmerman represents Robert W. Harris, author of 101 Things Not to Do Before You Die.
Crinklish is offline   Reply With Quote
Old 07-17-2008, 04:56 AM   #25
andracill
practical experience, FTW
 
Join Date: Oct 2006
Location: Colorado
Posts: 135
andracill is on a distinguished road
Is Catherine Drayton of Inkwell living in Australia? I heard somewhere that she was, and I'm curious how this affects her business dealings in the U.S.
andracill is offline   Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Custom Search

If this site is helpful to you,
Please consider a voluntary subscription to defray ongoing expenses.

Buy Scrivener 2 for Mac OS X (Regular Licence)


All times are GMT +4.5. The time now is 02:19 PM.


Powered by vBulletin® Version 3.8.5
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.