Recently there’s been a lot of talk about a particularly infuriating situation known as #CockyGate . Now I won’t go into the details of the issue, as there are many other bloggers and Romance Authors who could probably provide you with a much clearer picture than I could.
In short though, let’s just say that a little known Romance author decided to take it upon herself to trademark a single word within the title of her series. Now it normally wouldn’t be an issue if she secured the title, but she took it one step further by actually trademarking the word ‘Cocky'. Yup that's right 'Cocky'. In other words, any author in the US who has this word or wishes to insert this word into the title of their book is prohibited and could face charges if the owner of the trademark wishes to pursue them. Now I'm not 100% sure how this will effect international authors in the Romance genre wishing to sell their work in the US, but I imagine they'll need to think of a new title when marketing the book overseas. I could be wrong here.
For more informaiton on the situation take a look at two blog's I've found that have been both informative and honestly quite delightful to read:
- Cockygate: Faleena Hopkins Has Registered a Trademark on Cocky, and is Using it to Threaten Other Romance Authors by Author J. M. Davies
-The 'Cocky' Trademark Author Just Got Cockier by Rachel Tsoumbakos
Now, what I have I learned from this whole mess as a writer you ask? Truthfully, quite a bit.
1.Think beyond your current situation or yourself.
As a writer it is inevitable that you would want to protect work, and to be honest there's nothing wrong with that. You spend a good chunk of your time crafting and perfecting your work; so when its threatened, well it's personal. But hold your horses, don't go charging out the gate half cocked. If you're going to trademark your work, think about how you want it trademarked, and will this effect any other persons past or present? For example, 'Cocky'. Trademarking the word as just a word within a title will effect multiple authors within your genre; however, if you were to trademark something such as 'The Cocky Twit' or 'The Cocky Series' as a whole, now that wouldn't be an issue. So think clearly and carefully before you jump in with both feet. And if your seeking to boost your ratings by doing this, I'd think again.
2. If you are at fault, apologise and don't try to play the victim.
Yeah this one's obvious. I don't think I need to spell this one out for anyone. Just apologise if you do something wrong. It's so much easier on yourself and everyone around you.
3. Check for any holes in your work.
If you feel the need to take on the world, you better make sure your work is pristine. In terms of writing, you want your work to be on a Stephen King, Laurell K Hamilton or even Shakespeare level. Your plotting better be out of this world, your spelling and grammar in order. Oh, and you best be making sure that your work is sound, and the topic thoroughly researched. Don't think your readers won't notice dodgy research, because you can bet your sweet ass there will be someone in that profession that will spot your mistakes. The people you piss off will be your harshest critiques.
4. It is possible to commit career suicide as a writer.
Until recently, I never really considered what it would take to commit career suicide as a writer. Yet, over the last few days I have watched a women tear her career apart piece by piece. It's easier than I actually thought. Apparently all you have to do is:
A) Sneakily trademark a common word you know is used by multiple authors within your genre.
B) Email said authors with a cease and desist, informing them you have pulled the rug out from under their feet, and now expect them to revolve their whole writing career around you, or else there will be legal action.
C) Play the victim when authors and readers alike realise what you have done, and voice their concern and displeasure of the matter.
D) Call your readers unsophisticated and essentially idiotic. you heard me. All you have to do is file legal documents that states readers of the genre are unsophisticated and are unable to tell the difference between shirtless men on the cover of different books. Don't forget to add a dollop of readers are unable to read the authors names and determine which author they usually read.
See it's that easy.
5. Authors really are a tight knit group.
I'll end this on a positive note, as that is what I like to do. Over the past few days, it has amazed me just how close the writing community is. No matter what genre you write within. If there is even a whiff that a fellow author or writer has been wronged, they will come together to help support said writer or author.
They will offer you words of support and back you right till the end. They'll band together to help raise money to fight against those who seek to impede creative expression. The idea of supporting your fellow authors no matter the genre is a spectacular and wonderful thing to behold, and makes me proud to call myself a writer.
So to those who have been effected by the #CockyGate cock-up, know that you are not alone. Know that you have just a few (by that I mean a shit load) of people in your corner. Stay strong, you've got this.