Post Authored by: Natalie Elizaroff
In the dynamic literary world, writers face a multitude of challenges, with scams and predatory practices emerging as significant threats to their creative endeavors. One insidious form of deception that has garnered notoriety is the publishing/marketing/fake literary agency scam. These scams, preying on the hopes and aspirations of self-published authors, small press writers, and individuals yearning for recognition, have become a pervasive issue in the industry.
The modus operandi of these scams is alarmingly consistent, often involving unsolicited emails or phone calls enticing authors with promises of services to promote and improve the reach of their existing works. Common tactics include offers to provide marketing packages, editing services, and international distribution deals. Unfortunately, these initial contacts are merely an opening to draw writers in before getting them on the hook for a plethora of unnecessary services.
These scammers typically contact authors out of the blue via phone, email, or social media with unrealistic service offers requiring upfront payments but providing no legitimate value. Common red flags include unexpected correspondence, claims of exclusivity or urgency, and refusal to provide standard verification of identity or credentials upon request.
Upon agreeing to the preliminary proposals, authors find themselves immersed in an endless cycle of high-pressure sales pitches for additional services. These “add-ons” regularly involve extraneous and often ineffective tactics like illustrative book cover services, press release distribution, and social media promotions. All the while, the costs continue mounting without proportionate return on investment.
In the most egregious cases, after extracting payment, the scam operators simply disappear, providing no services despite pocketing sometimes thousands of dollars from victims. In other instances, writers are strung along for months on end, fed with lies as the organization claims to “continue working on the project,” all the while draining additional funds through bogus fees and upgrades. This serves to prolong the con while maximizing profits and minimizing chances the target will enact defenses like chargebacks.
Beyond mere monetary theft, these scams inflict serious emotional damages. They undermine confidence and trust and steal valuable time that authors could have instead dedicated to crafting their next great works. With awareness, authors can recognize such opportunistic ploys and redirect focus to real opportunities which don’t require money upfront or demand constant additional spending on questionable value.
With scam operations on the rise, I have also experienced an uptick of authors seeking guidance in the form of contract review or reputability research on companies and agents they’ve been contacted by. In many cases, authors are provided fictional letters of interest, publishing agreements, and agency contracts that raise major legal and ethical issues. A close analysis of such documents typically finds unreasonable fees and payment structures, vague or one-sided clauses around rights ownership and distribution, and no feasible enforcement methods.
During one such investigation, it was discovered that certain websites purportedly offering publishing and ghostwriting services presented identical information and reviews across multiple platforms. These websites, despite their semblance of legitimacy, featured duplicative content and testimonials, using generic names and raising suspicions about the authenticity of their services. This further underscores the pervasive nature of fraudulent practices in the industry, emphasizing the importance of thorough research and due diligence when engaging with potential agents or companies. Upon confronting one of these alleged literary agents with the inconsistencies in their services, the agent quickly resorted to using petty insults, dispelling any hint of legitimacy previously projected.
As these scenarios continue presenting themselves with unfortunate frequency, open dialogue remains vital. For aspiring and established writers alike, protecting one’s career and livelihood depends on cultivating prudent defense mechanisms. To combat these threats, caution and access to reliable resources are paramount. Informative websites like Writer Beware, sponsored by the Science Fiction and Fantasy Writers Association (SFWA®), maintain extensive databases of fraudulent entities, offering critical insights for authors seeking protection from scams (keeping in mind that these lists represent only a fraction of the potential threats authors may encounter).
In addition to consulting databases of known scammers, authors can leverage industry organizations for guidance. Groups like the Authors Guild, Society of Children’s Book Writers and Illustrators (SCBWI), and American Society of Journalists and Authors (ASJA) maintain advisories on common scams, best practices for contract negotiation, and strategies to connect with reputable agents and publishers. Their educational resources shed light on intricate aspects of licensure, attribution, and marketing agreements in the digital sphere.
Going forward, authors should exercise caution when approached by unknown parties and attorneys should familiarize themselves and warn their creatively-inclined clients of the rampant increase in fraud throughout the literary field. To safeguard their creative works and careers, I recommend the following steps:
- Consult resources like Writer Beware and the Better Business Bureau to verify the legitimacy of any agents, publishers or services.
- Review all contracts carefully with a trained legal eye before signing.
- Report fraudulent behavior and contractual violations to authorities. The Federal Trade Commission and FBI’s Internet Crime Complaint Center investigate cybercrime and consumer fraud respectively.
- Leverage industry organizations for guidance on best practices and navigating legitimate opportunities. The Authors Guild, SCBWI , and ASJA offer membership portals to vet professionals and learn from experts on publishing standards, legal protections and career development resources.
In an environment rife with deception, it’s imperative for writers to remain vigilant and discerning. By being wary of odd opportunities and consulting with attorneys about current publishing scams, writers can steer clear of shady deals and avoid falling victim to the bait and switch tactics that plague the industry.
Before pursuing a legal career, Natalie spent several years in the microbiology department at Evanston Hospital where she conducted comparative research studies, performed quality control testing, and worked on state-of-the-art medical device technology. After doing a swift 180 and finding law as her true calling, Natalie focused her efforts into intellectual property.
Natalie received a Bachelor of Science in Molecular Biology, with a minor in Biostatistics from Loyola University Chicago. She earned her law degree from UIC School of Law and she is currently working as an Associate at Advitam IP LLC, where she handles a variety of IP matters including trademark litigation, copyright infringement, and other IP-related disputes.