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Lessons from the Life of Tony Hillerman

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by Sherri Burr

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Tony Hillerman, the author who exposed the Navajo way to millions of people, passed away on October 26, 2008. After moving to New Mexico in 1988, I mentioned to a University of New Mexico colleague that I was looking for a writer to speak to my class the following spring. She recommended I read The Ghostway and The Dark Wind. I became a fan and wrote Tony.

For a humble person who reveled in his Oklahoma farm boy roots, spending time with lawyers and lawyer-wannabes was not Tony’s idea of fun. But he was also a teacher at heart and always willing to share, even with not-so-modest attorney types.

After publishing three books in 2004, I was invited to join First Fridays, a group that Tony and several of his writing pals started in the 1960s to share knowledge about the publishing industry. One morning a couple of years ago, I received an email seeking someone to drive Tony, now in his 80s, to the next meeting. I immediately volunteered.

Driving Tony Hillerman was a gift. Even as he struggled with health infirmities, he quipped, “Don’t get old.” Here are a few other tips from a great writing mind:

Tip 1: Take Time to Observe the Clouds
“Look at those clouds,” Tony said as we walked to my car. “Don’t they remind you of a flock of geese?” Other times, he would notice horses in stalls or dogs wandering the roads. His books are filled with elegantly described settings. I realized that he could write so vividly about New Mexico and Arizona because he was constantly observing the environment.

Tip 2: Be Generous with Your Writing Earnings
On one occasion, we pulled up at a stop sign as a panhandler approached with a sign. Tony took out his wallet and handed the man $10. Wow, I thought, how generous. At that First Friday meeting, Tony said he had recently opened a letter and a $100 bill fell out. The woman wrote of having borrowed his books from the library all these years and realized that he was probably missing some royalties. Lesson learned: generosity is returned many fold.

Tip 3: Keep at It
Tony’s debut novel The Blessing Way received 101 rejection slips before being picked up by Harper & Row in 1980. Along the way, agents wanted him to change the location of his books from the Navajo reservation to Santa Fe and to alter Joe Leaphorn’s identity. He stuck to the truth of his stories, and you should, too. After bemoaning the dozen rejections one of my manuscripts received, I realize I have to send it out 89 more times.

Keep the faith and keep writing. Tony did and we are grateful that he lived.

A Short and Happy Guide to Financial Well BeingSherri Burr is the Regents’ Professor of Law at the University of New Mexico School of Law where she teaches Entertainment Law, Intellectual Property Law, and Art Law. A graduate of Mount Holyoke College, Princeton University, and the Yale Law School, she has authored or co-authored 20 books, including A Short and Happy Guide to Financial Well-Being (West Academic, 2014). Sherri is also a long-time member of SouthWest Writers and a regular contributor to the organization’s newsletter SouthWest Sage.

This article was originally published in the January 2009 issue of SouthWest Sage and is reprinted here by permission of the author.



The Writing Life: Adapting Your Work

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by Sherri Burr

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I was fortunate to conduct one of the last television interviews with the late Navajo artist R.C. Gorman in 2004. I asked him about his propensity to exploit his copyrights by turning a single oil painting into lithographs, posters, greeting cards, mugs, calendars and so forth. Gorman’s response was, “Why limit?”

Writers should adopt Gorman’s approach and explore the many ways that the written word can be adapted into other forms. Take for example Alice Walker’s book The Color Purple. Ms. Walker licensed the movie rights to the book in the 1980s and Stephen Spielberg produced a haunting film starring Whoopie Goldberg as Celie and featuring Oprah Winfrey as Sophia in her film debut.

Oprah acquired musical theatrical rights and co-produced The Color Purple: A New Musical, which opened on Broadway on December 1, 2005 and was nominated for several Tony awards (but lost for Best Musical to Spring Awakening). The latter was adapted from a play by Frank Wedekind. I saw both musicals in early January 2008 on a trip to New York and was amazed at the power of authors to address the significant emotional issues encountered by human beings, including adoption, abortion, suicide, and emotional abuse.

In the version of The Color Purple that I saw, the role of Celie was played by Fantasia, an American Idol winner. Thus, a Reality TV participant teamed up with television talk show host Winfrey to present a variation of a book that won both the Pulitzer Prize and American Book Award.

Your work doesn’t have to win major awards to be worthy of adaptation. Section 106(2) of the U.S. Copyright Act specifies that all authors of copyrighted works have the right “to prepare derivative works based on the copyrighted work.”

Poems become songs (think of rap music as poetry spoken to a beat). Songs become films (remember Roy Orbison’s song that became the inspiration for the film Pretty Woman starring Julia Roberts). Many a New Yorker article has become a feature film. The point is to think expansively about your works. Be open to deriving other works based on your original works.

Take a page from R.C. Gorman’s legacy: don’t limit!

A Short and Happy Guide to Financial Well BeingSherri Burr is the Regents’ Professor of Law at the University of New Mexico School of Law where she teaches Entertainment Law, Intellectual Property Law, and Art Law. A graduate of Mount Holyoke College, Princeton University, and the Yale Law School, she has authored or co-authored 20 books, including A Short and Happy Guide to Financial Well-Being (West Academic, 2014). Sherri is also a long-time member of SouthWest Writers and a regular contributor to the organization’s newsletter SouthWest Sage.

This article was originally published in the February 2008 issue of SouthWest Sage and is reprinted here by permission of the author.



The Writing Life: Having it All

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by Sherri Burr

SherriBurrWhen Anne-Marie Slaughter wrote “Why Women Still Can’t Have it All” in the July/August 2012 issues of The Atlantic, she caused quite a debate among women nationwide. Anne-Marie, a colleague from International Law circles, discussed her challenges of trying to balance being the first woman director of policy planning at the State Department in Washington, D.C., while her husband and 12- and 14-year-old sons remained in Princeton, New Jersey. Taking a government job proved so much more difficult for her work-family balance than her Princeton academic job of teaching, writing books, and giving speeches.

The work-family balance can challenge all of us, both women and men, whether we are married or single and whether we have children or not. It is of particular concern to anyone responsible for the bulk of the house chores necessary to keep families functional. What tipped Anne-Marie over the edge was when she took a job described as “typical for the vast majority of working women (and men), working long hours on someone else’s schedule.” From reading Anne-Marie’s article, the challenges of balancing work and family life seem to boil down to an issue of how much control you have over your time.

Unlike government, corporate or many traditional jobs, the writing life has the advantage that writers completely schedule their own hours. Even when they are on a deadline, writers decide how and when to meet the deadline.

Lucky writers can produce full time and earn a living from it, or a sufficient living combined with other income. They have the flexibility to write in the early mornings, get kids off to school, write while the kids are gone, and do household chores. If a writer has a part-time job, he or she still has a great deal of flexibility to set their own schedule.

Writers with full-time jobs where the hours are set on someone else’s schedule face a more difficult situation. They often have to rise early in the morning or stay up late to produce their work. They have to accept that producing an article or book is going to take much longer than if they could write full time. This requires discipline to write on the fringes of the day when you may be thoroughly exhausted. This kind of commitment demands a project that the writer feels called to produce. Nothing short of a feeling of a calling, and the accompanying stick-to-itiveness, will get a project done for those writers with full-time jobs and families.

I had to face this challenge head-on when my nephew Terrance moved in with me for two years to attend middle school, at a time when I had received a contract for my first book. About a month into his stay, he looked at me over dinner one day and said, “You look like you need a vacation.” From you were the words that immediately surfaced in my head. I was completely exhausted.

Soon thereafter, I spotted an ad for two seminars by parenting guru John Rosemond. I signed up for both of them, and bought his book. After listening to Rosemond extol the virtues of 1950s parenting for several hours, I came home and announced to Nephew that he would now have chores. I made a list of everything it took to keep the house running, including cleaning the house, car, and yards. I explained to Nephew that since he now lived with me he would be responsible for half of all the chores. He protested initially, but agreed after I said I would pay him a weekly allowance.

After Nephew forgot a chore, I just deducted an appropriate amount from his allowance and did the chore myself. Once his paycheck shrunk, Nephew became more careful about his responsibilities. I also taught Nephew how to cook and made him responsible for preparing several meals a week. If I got really busy, I offered to pay Nephew more if he would do some of my chores. He gladly accepted. Nephew’s help proved invaluable, and I ended up publishing two books during his stay.

Can women have it all? Can any parent have it all? It depends on how much control you have over your work and family life. A writer with a full-time job who is also the maid, cook, nanny, and gardener for the family is in for a challenge. The more help you can get both internally (by giving all able-bodied occupants chores) or externally (by hiring help), the more likely you can produce great works.

A Short and Happy Guide to Financial Well BeingSherri Burr is the Regents’ Professor of Law at the University of New Mexico School of Law where she teaches Entertainment Law, Intellectual Property Law, and Art Law. A graduate of Mount Holyoke College, Princeton University, and the Yale Law School, she has authored or co-authored 20 books, including A Short and Happy Guide to Financial Well-Being (West Academic, 2014). Sherri is also a long-time member of SouthWest Writers and a regular contributor to the organization’s newsletter SouthWest Sage.

This article was originally published in the September 2012 issue of SouthWest Sage and is reprinted here by permission of the author.



The Joy of Interviewing

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by Sherri Burr

SherriBurrIn my article “5 Steps to Master the Art of Interviewing” I discussed how to set up, prepare, and conduct interviews. I also urged writers to write up the results immediately and share them with the subject. For today’s article, I focus on the joy of interviewing.

To maintain a writing life for the long haul, writers need to receive pleasure from the process. The more gratification we obtain from our work, the easier it is to overcome the pain of rejection and keep writing daily, monthly, and yearly. The writers I admire the most are still putting fingertips to keyboards into their eighties.

When I interviewed legendary author Max Evans in 2012, he was still writing at 87. Evans was working on a book about director Sam Peckinpah (The Wild Bunch and The Getaway) and interviewing folks who worked with Peckinpah to gain information for his biopic. The day we had lunch, he was trying to reach Ali McGraw to set up an interview to discuss her collaboration with Peckinpah on The Getaway. Evans’ face was filled with delight as he discussed his planned attack for interviewing McGraw.

I have felt such bliss numerous times while preparing for or actually interviewing someone. In November 2011, I flew to Los Angeles to question actor Giancarlo Esposito who is known most recently for playing Gus on Breaking Bad. As sometimes happens, several attempts to interview Esposito had fallen through. For several years, I tried to obtain him for my television show ARTS TALK that I film during the semester so that my Entertainment Law students can interact with the talent they may someday represent. I finally obtained a date from him in early November 2011, only for my students to be disappointed when he had to cancel to film an episode of the hit television series Once Upon a Time.

At the end of November 2011, Esposito and I agreed to meet at his yoga studio during a block of time after he had completed a workout and before his meeting on a forthcoming film project. We drove around searching for a Starbucks and stumbled upon a gluten-free pastry shop where we were the only two customers. One of my students, Justine Hines (who was an Esposito fan), had prepared 20 questions, several of which dealt with the role of Gus. Since this was an extremely bad character that killed people, I asked Esposito about preparing for, playing, and ending a role like Gus.

Esposito said he agreed to play Gus because he “shows the devastation of meth in the West. I let roles speak to me and draw on their organic nature. Gus was unpredictable. Gus was graceful, caring, and polite. He cared about people. He ran a business, an illegal business. He took care to choose people with integrity. That went to the success of Gus.”

The director called in Esposito to inform him that he was killing off Gus at the end of Season Four. The six writers said they were sorry to see Gus go. They told Esposito, “We love to write for you.” Esposito said that is one of the highest compliments that a writer can give an actor.

Esposito found leaving Gus to be hard. He had to take time to shake off Gus. Sometimes he would catch himself walking like Gus and speaking like Gus. Indeed, he wanted to tell Gus to leave him alone. He finally accepted that excising Gus was like a journey and that he needed to compartmentalize the character from his soul.

As I listened to Esposito discuss this character, I was enthralled to be in his presence. To be a writer conducting an interview is to be a witness to the creative processes of others. Most writers craft work in an environment populated by one. When we interview, it allows the extroverted part of our nature, however small or large it may be, to surface and interact with others.

Take time to conduct interviews. It enhances and brings joy to your work and life.

A Short and Happy Guide to Financial Well BeingSherri Burr is the Regents’ Professor of Law at the University of New Mexico School of Law where she teaches Entertainment Law, Intellectual Property Law, and Art Law. A graduate of Mount Holyoke College, Princeton University, and the Yale Law School, she has authored or co-authored 20 books, including A Short and Happy Guide to Financial Well-Being (West Academic, 2014). Sherri is also a long-time member of SouthWest Writers and a regular contributor to the organization’s newsletter SouthWest Sage.

This article was originally published in the June 2012 issue of SouthWest Sage and is reprinted here by permission of the author.



10 Stages of Writing Achievement

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by Sherri Burr

SherriBurrHow do you determine when you are making progress as a writer? I submit that there are at least 10 stages to measuring writing achievement.

Stage 1: Conceptualize an Idea
Ideas emerge from an infinite number of sources, from reading books and going to movies to walking with friends or dreaming. When you get a promising idea, write it down and rejoice because your imagination is working.

Stage 2: Express the Idea
Copyright law protects the expression of ideas, but not the ideas themselves. Your reward for fixing your ideas in a permanent form, such as an article for a magazine or a chapter in a book, is that your work is automatically copyrightable. You also have the option to place copyright notice (© 2015 by writer) on your work or register it with the U.S. Copyright Office at www.copyright.gov.

Stage 3: Expose Your Writing
Sending your work to magazine editors, agents, book publishers, or print on demand websites indicates you are ready to share your words with the world. You must risk rejection to reap rewards.

Stage 4: Receiving Personalized Rejection Letters
There are three types of rejection: (1) silence; (2) form letters; and (3) personalized rejection letters. You learn to be grateful for the third because they signify that your work resonated enough with outside sources willing to spend time telling you how to fix it or recommend another publication. If the rejection letter is nasty, use it as inspiration and ultimately get the last laugh.

Stage 5: Acceptance with No Pay
Some writers start out by publishing works in newsletters connected to social networks. This accomplishes the goal of seeing your words in print.

Stage 6: Paid Enough for Coffee at Starbucks
When you receive that first check, no matter how small, celebrate and dance to the music. I once received a check for $4. Do you cash or frame a $4 check? I recommend cashing it because it proves that you are indeed in the business of writing. Count the $4 as income on your Schedule C and deduct all your writing related expenses.

Stage 7: Paid Enough to Afford a Meal
When the checks come in for $50 or hundreds of dollars, you’ve attained another milestone. Treat a friend to lunch or a loved one to a gourmet dinner. Toast your success!

Stage 8: Paid Enough to Fund a Vacation
If you grossed enough revenue to fund a vacation, you’ve climbed to another echelon of freelance writers. Enjoy your trip.

Stage 9: Paid Enough to Live On
You’ve truly arrived as a creative person when you can live on the proceeds. Writers at this level often have steady gigs as columnists, contribute to a number of publications, write books, or all of these. Since you now benefit from a steady income flow, be careful to mind your expenses and do not spend more than you earn.

Stage 10: New York Times Best Selling Author
Congratulations, you’ve hit the jackpot by joining the likes of John Grisham, David Baldacci, and Janet Evanovich. When your writing income substantially exceeds your living expenses, it’s time to think seriously about giving back. David Baldacci (Absolute Power, The Camel Club) and his wife started the Wish You Well Foundation to increase literacy rates in this country and abroad. Whatever your cause, you can really make a difference. Ultimately, that’s what the writing life is all about.

A Short and Happy Guide to Financial Well BeingSherri Burr is the Regents’ Professor of Law at the University of New Mexico School of Law where she teaches Entertainment Law, Intellectual Property Law, and Art Law. A graduate of Mount Holyoke College, Princeton University, and the Yale Law School, she has authored or co-authored 20 books, including A Short and Happy Guide to Financial Well-Being (West Academic, 2014). Sherri is also a long-time member of SouthWest Writers and a regular contributor to the organization’s newsletter SouthWest Sage.

This article was originally published in the December 2007 issue of SouthWest Sage and is reprinted here by permission of the author.



Why Writers Need Wills

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by Sherri Burr

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What do President Abraham Lincoln, actor James Dean, and business mogul Howard Hughes have in common? If you guessed that they all died without wills, you would be correct. In any given year, approximately one-half to two-thirds of all deceased Americans expire intestate, or without wills.

The reasons for not making a will are many. Some, like Abraham Lincoln and James Dean, just never got around to it. They both died suddenly. Others, like Howard Hughes, may be superstitious, afraid to give others incentives to wish or plan for their early exit to the business arena in the sky.

Whatever the excuse, to die without a will is to give the state the authority to decide how your estate will be divided. Your surviving relatives will either accept the outcome or contest it. The brawl between billionaire Howard Hughes’ distant relatives was settled in 1996, 20 years after his demise. It cost $20 million in legal fees.

So what does this mean to you as a writer? Simply put, some of your most important estate assets may be the copyrights in your work.

Dr. Martin Luther King, Jr. can serve as an inspiration to other writers. King copyrighted everything, his speeches, editorials, books, and other writings. He may have anticipated that an early death would lesson his family’s means of support. As a consequence, his estate, which was valued at $66,492.29 after his assassination in 1968, is now worth several million.

Currently, copyrights endure for the lifetime of the author, plus 70 years. This means that you can plan to give away your copyrights for up to 70 years after your death. The copyright contains six rights: (1) the right to copy, (2) the right to adapt or prepare derivative works, (3) the right to economically exploit the work through sale, lease, rental, or other transfer, (4) the right of public performance, (5) the right of public display, and (6) the right of digital audio transmission.

You can assign all these rights to one person, or divide them up. A romance novelist, for example, could devise the movie rights to one child and the translation rights to a second, or all the adaptation rights to a third. A playwright could leave public performance rights to grandchildren.

The possibilities are limited only by your imagination. When meeting with an attorney to prepare your will, be sure to inform him or her that you are a writer and that you wish to make provisions for your copyrights. Even if you write your will from online software, remember your copyrights.

A Short and Happy Guide to Financial Well BeingSherri Burr is the Regents’ Professor of Law at the University of New Mexico School of Law where she teaches Entertainment Law, Intellectual Property Law, and Art Law. A graduate of Mount Holyoke College, Princeton University, and the Yale Law School, she has authored or co-authored 20 books, including A Short and Happy Guide to Financial Well-Being (West Academic, 2014). Sherri is also a long-time member of SouthWest Writers and a regular contributor to the organization’s newsletter SouthWest Sage.

This article was originally published in the January 2008 issue of SouthWest Sage and is reprinted here by permission of the author.



The Athletic Mind-set for Writers

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by Sherri Burr

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In May 2009, I took a research trip to France that included a trip to the French Open tennis tournament at Roland Garros. At the time, I was putting the finishing touches on a book chapter called “Athletes as Television Celebrities: Why we watch, How they benefit, Must they be responsible.” I love watching athletes at the top of their game and feel they have much to teach writers about discipline, preparation and the head game or mind-set of a champion.

Tip 1: Discipline

Webster’s Dictionary defines discipline as “to train or develop by instruction and exercise [especially] in self-control.” Tennis stars Venus and Serena Williams and Raphael Nadal became stars in their sport because they trained and developed their talent and skills to a level of perfection that permitted them to overwhelm opponents. One of the challenges is to keep that up after you have obtained a certain level of success.

All of these players struggled in their opening rounds of the French Open as they faced other individuals who were developing their game, wanted to win, and had the discipline to practice, practice, practice. Nadal eventually lost to a Swede named Robin Soderling who thought of him as just another player and exploited the fact that Nadal was not disciplined about his game in the early rounds. The Williams sisters also lost well before reaching the championship round when they showed up with limited preparation to play on the red clay of Roland Garros.

Similarly, writers must be disciplined about developing talent and continuing to exploit it. Just as there can be one grand-slam wonders in tennis, there are a lot of one-book authors. The trick is to keep plugging away. Authors like Tony Hillerman did not start out on the best sellers list. Nor did he write one book and decide to rest on his laurels. Rather, he loved what he did and kept plugging away. Even toward the end of his life, Tony was trying out new plot ideas on friends.

Tip 2: Preparation

Athletes must constantly prepare. They smash balls with hitting partners before their games, study their opponent’s game, and make themselves as physically fit as possible to endure long matches. As writers, we must master our craft. I recommend attending workshops and classes even when you consider yourself an accomplished talent. Be open to learning from different genres. Although I write nonfiction, I once attended an 8-week novel writing class. This class was helpful when I wrote my memoir Living with New Nephew.

Tip 3: The Mental Game

While discipline and preparation are important, star athletes must also have their mental game operating at its peak. The mental game requires belief that you can win and the ability to calm yourself and keep plugging away when you don’t win a point or match as quickly as you’d like.

The number-one ranked female tennis player going into the 2009 French Open was Dinara Safina, a lumberjack-looking 23-year-old Russian who never won a grand slam tennis tournament despite being in three finals. Physically, Safina looks like she can overpower any player with her 6’0″, approximately 180-pound frame. Mentally, she becomes a wreck when she has to play in the finals for a championship. She chastises herself for missing points. “Why am I such a chicken?” she openly asked at the French Open championship.

As writers, we cannot afford to be like Safina. There are enough critics in the world. Rather than become your top critic, become your most important supportive coach. Tell yourself that you can write that article or book. If your dream is to become a published author, then create a business card that says your name followed by the word author. You have to believe it before you can make it a reality.

The bottom line is that to succeed as a writer requires discipline, preparation and a strong mental game. In other words, writers can benefit from adopting an athletic mind-set.

A Short and Happy GuideSherri Burr is the Regents’ Professor of Law at the University of New Mexico School of Law where she teaches Entertainment Law, Intellectual Property Law, and Art Law. A graduate of Mount Holyoke College, Princeton University, and the Yale Law School, she has authored or co-authored twenty books, including A Short and Happy Guide to Financial Well Being (West Academic, 2014). Sherri is also a long-time member of SouthWest Writers and a regular contributor to the organization’s newsletter SouthWest Sage.

This article was originally published in the September 2009 issue of SouthWest Sage and is reprinted here by permission of the author.



Joint Authorship: Professional Marriages Made in Heaven or Hell

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by Sherri Burr

SherriBurrJoint author collaborations can be as complicated as marriages, and last as long or as briefly. Jimmy and Rosalind Carter survived a multi-decade marriage before deciding to co-author a book. They raised several children, ran a peanut farm, governed the state of Georgia, and lived in the fish tank known as the White House. Yet when the two decided to write a memoir together, their marriage almost collapsed. What they found is that they didn’t remember the same events and dialogue, or reflect in the same way on the significance or meaning of events. In the end, they published a memoir with separate his and her parts, with different typesets so that you knew when one was speaking.

If Jimmy and Rosalind had problems co-authoring together, what does it say for the rest of us? Many collaborations are entered into with haste and the parties often repent in leisure. Unfortunately, some joint authors have headed to court to resolve their differences.

The copyright statute defines a joint work as one prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.

Courts have considered whether the researcher of a play or the contributor of two scenes and new characters to a movie can be considered joint authors. The answer was “No,” in Childress v. Taylor. Someone who supplied underlying research material, which the playwright turned into a play, does not become a co-author. Similarly, in Aalmuhammed v. Lee when a film consultant contributed two scenes with new characters, Arabic translation into English subtitles, and selected prayers for the film Malcolm X, that person did not become a joint author, but rather the appropriate designation was religious consultant.

By contrast, a court said that the author of an outline and two chapters could potentially be considered a joint author of a novel. In the case of Maurizio v. Goldsmith, Goldsmith asked Maurizio to help write a book about first wives, and proclaimed that they “would make a lot of money off the book and get rich.” Goldsmith and Maurizio worked together on the outline. It wasn’t until Maurizio attempted to formalize their agreement by asking for co-authorship credit and 25 percent of the profits from the book that Goldsmith reacted badly. After Maurizio sued, the court ruled there were serious joint authorship issues that could be tried by a jury.

A recent joint authorship case involved two law professors. The parties, Kate Bloch and Kevin McMunigal, agreed to write a casebook together in 1999. In 2000, they entered into an agreement with Aspen Publishers to produce Criminal Law: A Contemporary Approach in April 2003. Their book published in April 2005. Afterwards, the professors agreed to separate and reached a separation agreement in November 2007. Aspen said it would give them individual contracts if they could separate in writing. McMunigal submitted a new casebook proposal, which Aspen accepted. Bloch did not submit a new proposal and repudiated the separation agreement. McMunigal sued, claiming the casebook is a collective work and not a joint work.

Unlike a joint work, a collective work is defined as one in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole. Prominent examples are periodicals, anthologies, and encyclopedias and the SouthWest Sage newsletter. The contributors to the Sage retain their copyright in their individual work.

In McMunigal v. Bloch, the court found that the casebook was a joint work and not a collective one. The professors intended to become co-authors when they entered into a publishing contract that described them as co-authors and specified joint obligations, including requiring they submit a single manuscript. Further, they both supervised the casebook and it did not list who authored which chapters. Thus, the casebook could not be partitioned like a collective work.

To avoid ending up in a court, here are some suggestions that hopefully will make your joint author collaborations flow smoothly:

1. Pick someone to work with whose work you have examined and admired.

2. Memorialize the contribution in writing, even if it’s on a napkin to indicate who is responsible for what parts of the work.

3. Draft a schedule and stick to it. Pick one person to ride herd on the other author(s).

4. Decide at the beginning, when you like each other, how you might someday end the collaboration if necessary. Prepare the equivalent of an authorship prenuptial agreement.

A Short and Happy GuideSherri Burr is the Regents’ Professor of Law at the University of New Mexico School of Law where she teaches Entertainment Law, Intellectual Property Law, and Art Law. A graduate of Mount Holyoke College, Princeton University, and the Yale Law School, Burr has authored or co-authored twenty books, including A Short and Happy Guide to Financial Well Being (West Academic, 2014).

This article was originally published in the September 2011 issue of SouthWest Sage and is reprinted here by permission of the author.



5 Steps to Master the Art of Interviewing

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by Sherri Burr

SherriBurrWriters interview. It is one of our most important research techniques. We interview for background information about characters or settings, to obtain quotes to enhance our stories, and for profiles. Use the following five steps to make your interviews successful.

Set up Interviews

How do you contact the person? One option is to write a personalized letter or email. Mention what you admire about his or her work, and why he or she will benefit from talking to you. Although busy, people will take time if presented an opportunity to offer wisdom to benefit others. Mention your credentials, including people you have interviewed before, to give the impression that you are a professional.

If you’re lucky, you’ll run into the person on the street or at a conference. This happens a lot at big events. At the 2008 Book Expo America, I happened upon a room with Magic Johnson and Alec Baldwin. At Taos Talking Pictures, I was interviewing a young actress and noticed that Julia Roberts was standing to my side, and behind the young actress was Susan Sarandon.

With these chance encounters, you have to immediately ask for interviews. This can be intimidating when the person is famous. While I did ask Johnson to speak at a University of New Mexico event and Baldwin for an interview, I was rendered speechless by Roberts and Sarandon. So I wrote a column about standing in the presence of greatness and only knowing their mystery.

If the person says yes, you must follow up immediately. Set a specific time and place. Do not let months go by, as I did, contemplating that Alec Baldwin gave me his cell phone number. If you wait, you’ll find, as I did, that he does not return your messages.

Prepare for Interviews

Obtain background information by Google-ing the person. Print and highlight the most relevant points. Write sample questions, but do not stick to a script. Have a sense of what you most want from the interview. If interviewing writers, ask about their favorite authors and what they learned from their craft. Ask how they deal with rejection. Do they have mentors?

If just venturing into interviews, watch a pro like Oprah. She handled with aplomb, Rielle Hunter, the lover of former presidential candidate John Edwards, and Sarah Duchess of York after she was caught on tape trying to sell access to her ex-spouse, Prince Andrew.

Conduct Interviews

Interviews can take place in person, on the telephone or by email or text. The face-to-face encounter is the best because you can observe body language. With the telephone, you will at least have the tone of voice. With email or text, you just have words. Barbara Walters asked Shirley MacLaine if she liked her brother Warren Beatty. MacLaine answered “yes” while shaking her head “no.” If there is incongruence between body language and the words, the former is the most accurate. With an email interview, that difference would have been missed.

That said, sometimes you take what you can get. I secured only a telephone interview with MacLaine. It lasted seven minutes and I printed every word in my Entertainment Law book.

For face-to-face interviews, arrive early to set up. Bring your writer’s notepad, a pen, and a tape recorder if you desire. Do not rely on the tape recorder as your only recording device. Technology can fail. For a television interview with cellist Yo-Yo Ma, a student intern forgot to turn on the audio, resulting in a useless product with no opportunity for a second chance.

For a print interview, the best recording device is pen and paper. It gives the interviewee some comfort watching you write down her words. But even that can be intimidating. While interviewing The Bachelor’s Bob Guiney (the third bachelor), he clammed up, so I tucked away my writer’s pad. Then he spilled his guts about how ABC was mistreating him. Afterwards, I rushed to my car and wrote it down. I went to bed thinking I had mush but woke up with a complete profile article in my head. If you do employ a recording device, keep it going even after the interview is finished as you sometimes get gems at the end.

Write the Results Immediately

Sometimes dreams resolve problems. When this happens, immediately write the results in your journal or type them on your computer. It’s tempting to think the article will remain in your head for hours or days. Not so. A fully realized piece can just vanish. Thus, don’t wait.

Share the Results with the Subject

Email the results with a deadline that tells the person that this is what you plan to print and they have days (or a week) to make changes. If you do not hear back within the deadline, assume the story is okay to run. Sometimes a subject will want to remove a line or change things. I usually oblige them unless it’s something I want to keep. Character actor Morgan Woodward described the prison guard he played in Cool Hand Luke as “a walking Mephistopheles.” I loved the line and asked to keep it. He relented.

A Short and Happy GuideSherri Burr is the Regents’ Professor of Law at the University of New Mexico School of Law where she teaches Entertainment Law, Intellectual Property Law, and Art Law. A graduate of Mount Holyoke College, Princeton University, and the Yale Law School, Burr has authored or co-authored twenty books, including A Short and Happy Guide to Financial Well Being (West Academic, 2014).

This article was originally published as “Mastering the Art of Interviewing” in the September 2010 issue of SouthWest Sage and is reprinted here by permission of the author.



The Storyteller’s Anthology ARTS TALK TV Interview

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It’s here! Broadcast March 31, the interview with Peggy Herrington and Jonathan Miller by Sherri Burr’s PUBLIC ARTS TALK TV show is now available online.

Watch as Jonathan and Peggy discuss the inspiration and motivation behind The Storyteller’s Anthology.

Click to view:

SouthWest Writer’s Anthology Part 1

SouthWest Writer’s Anthology Part 2

Please share your thoughts about the anthology and this video below.

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