Kate Morton VS Selwa Anthony lawsuit

Robots

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https://www.smh.com.au/national/nsw...-sues-bestselling-author-20180814-p4zxh6.html
I read about this lawsuit today on Writers Beware and it left me slightly bewildered. Kate Morton's former agent is suing her.

What do you think about it ? I don't understand why no one made a contract in the first place.
And while I really like Kate Morton (especially The Forgotten Garden), how on earth did she spend more than a decade in the book industry and not realize agents are entitled to ongoing royalties ?

:Shrug:
 

frimble3

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Re: My thoughts on why Kate Morton didn't realize that agents are entitled to ongoing royalties (with all due R for MFW: she was writing books, not thinking about the details. She didn't think she was in the 'book industry' - she was a writer.She just cashed the cheques. I wonder if she's been paying taxes.

What astounds me is the apparent attitude of the agent, who is in the book industry, and has been for a good long while.
Doesn't she, of all people, realize that times like this are what contracts are for? Or, more exactly, a preventative against? Did she only just realize how much money she was losing? The whole thing sounds very strange.
 

Treehouseman

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Having contracts “actually on paper” are actually not standard across the board. My first agent never had a contract with me (and we never sold anything, lol)

Also in Australia, the little cottage industry of publishing means nobody will earn anywhere near $10K let alone $17 million. It’s just not discussed here. Selma Anthony did rep The Thorn Birds which has made at least ten times that figure, so she should have been a little more proactive in looking after/informing her author.

(Whispers) This is not an isolated incident according to my source.
 

screenscope

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I had some contact with Selwa Anthony several years ago and she's certainly a unique and eccentric character. She also just lost a major lawsuit challenging Colleen McCullough's will a few weeks ago, so perhaps she's just going through a litigious stage!
 

WeaselFire

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It's Australia. Even publishing is upside down there. :)

There are a ton of reasons why stuff like this happens, and a ton of ways to prevent it from happening. Verbal contracts are perfectly enforceable, but written are clearer for the courts. To me, it's likely a lawsuit that gets tossed, or maybe settled cheaply, but I'm working from an understanding of US contract laws.

Jeff