Comments for The Passive Voice https://www.thepassivevoice.com A Lawyer's Thoughts on Authors, Self-Pub and Traditional Publishing Fri, 27 Mar 2020 23:25:34 +0000 hourly 1 Comment on The World of Books Braces for a Newly Ominous Future by DaveMich https://www.thepassivevoice.com/the-world-of-books-braces-for-a-newly-ominous-future-2/#comment-451551 Fri, 27 Mar 2020 23:25:34 +0000 https://www.thepassivevoice.com/?p=122846#comment-451551 +1

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Comment on The World of Books Braces for a Newly Ominous Future by Elliot01 https://www.thepassivevoice.com/the-world-of-books-braces-for-a-newly-ominous-future-2/#comment-451550 Fri, 27 Mar 2020 23:04:36 +0000 https://www.thepassivevoice.com/?p=122846#comment-451550 It’s just like people. Those with underlying health conditions are at greatest risk from the virus.

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Comment on The World of Books Braces for a Newly Ominous Future by John Ellsworth https://www.thepassivevoice.com/the-world-of-books-braces-for-a-newly-ominous-future-2/#comment-451549 Fri, 27 Mar 2020 22:13:17 +0000 https://www.thepassivevoice.com/?p=122846#comment-451549 Indie: Just launched a new fiction title today. Advertising: 30 sec. video, Bookbub, Amz Adv. Preorders 4 months. Mailing list @ 10%/day. Currently ranked about 1009 on paid Amz list and improving every hour. Trad pub? Face to face events? A damn poor way to sell books, IMHO. Bookstores? So 20th Century.

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Comment on When Should Writers Incorporate or Create an LLC? by CE Petit https://www.thepassivevoice.com/when-should-writers-incorporate-or-create-an-llc/#comment-451548 Fri, 27 Mar 2020 18:28:02 +0000 https://www.thepassivevoice.com/?p=122837#comment-451548 Presuming that a writer has determined to form a business entity to hold and manage her writing business, there’s at lease one more step to take immediately.

Bring copies of all of the papers relating to the business — the articles, the bylaws and/or operating agreement, the certificate of good standing (if the state of organization issues them) — to the writer’s estate-planning attorney. And all of the assignments of copyright. Then ensure that the estate plan is consistent with the business entity being the actual owner of the copyrights… and that, unlike 99.58% of all estate-planning lawyers, the peculiarities of 17 U.S.C. § 203 (and, for some, § 304(c)) have been accounted for in the estate plan so that there’s a clear chain of authority.

Or you’ll be Andre Norton, who didn’t (or at least didn’t provide these documents to competent for these circumstances estate-planning counsel who was paying attention). And worse, not doing as outlined above invites state probate courts to make decisions on federal law outside their jurisdiction; had there been, say, an active film option at issue during the Norton estate’s litigation, the civil-procedure-geek joy would have been boundless! That’s just one that has generated actual litigation instead of… mere chaos.

My point is that just forming the business entity isn’t enough, if after careful consideration and competent (well-informed) advice from counsel that’s the decision. There need to be both continuing operations and an established succession plan that is not contradicted by other planning.

PS Fire any estate-planning attorney who tries to put “minimize tax burden” first in dealing with intellectual property as a major asset of the estate. With the change to excludability of the first $11.8 million from US estate taxes, the few writers so affected need something much more complex than a knee-jerk “taxes are the greatest eeeeeeeeeevil because they jeopardize family homesteads” estate plan. (I don’t have contempt for the estate-planning bar; when it comes to IP, the estate-planning bar is largely beneath contempt. And but for privilege and other confidences, I’d list dozens of examples, and those are just the ones that have crossed my desk over the years.)

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Comment on India’s Juggernaut Opens #ReadInstead, a Campaign and Literature Fest by DaveMich https://www.thepassivevoice.com/indias-juggernaut-opens-readinstead-a-campaign-and-literature-fest/#comment-451547 Fri, 27 Mar 2020 03:30:36 +0000 https://www.thepassivevoice.com/?p=122832#comment-451547 I looked at juggernauts website. They offer a branded app for reading their books and manage them from the website. Some of the titles I checked are also on Amazon.

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Comment on Sheltering in Place by ABEhrhardt https://www.thepassivevoice.com/sheltering-in-place/#comment-451546 Thu, 26 Mar 2020 22:14:53 +0000 https://www.thepassivevoice.com/?p=122818#comment-451546 Things become much more dire, and the sheltering properly more critical, when you are in any of the ‘unworthy’ groups which will not get appropriate medical care (not that we get it now) in a time of rationing due to horrible planning: older, chronically ill, or disabled.

The antithesis of enjoying retirement.

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Comment on Sheltering in Place by ABEhrhardt https://www.thepassivevoice.com/sheltering-in-place/#comment-451545 Thu, 26 Mar 2020 22:11:38 +0000 https://www.thepassivevoice.com/?p=122818#comment-451545 The whole point of being homeschooled is NOT having to get up for nonsense at 8 am.

Learn the new rules, learn to be efficient with learning, learn not to waste time on the timewasters provided continuously by schools.

Dig into something in depth. Read a whole book in a day. Watch your favorite cartoons. Do something real. Like cooking. Or laundry – you know, skills you will need in college.

Most of all, learn how much you actually like your own kids.

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Comment on India’s Juggernaut Opens #ReadInstead, a Campaign and Literature Fest by ABEhrhardt https://www.thepassivevoice.com/indias-juggernaut-opens-readinstead-a-campaign-and-literature-fest/#comment-451544 Thu, 26 Mar 2020 21:58:28 +0000 https://www.thepassivevoice.com/?p=122832#comment-451544 Someone’s numbers are not right: if we have 7+ billion people on the planet, it is not possible for Modi to lock down India’s 11.3 billion. Unless he has a lot of phantom registered voters he is counting.

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Comment on A Retail Reality Check: Our Bookstores and What’s ‘Essential’ by Felix.J.Torres https://www.thepassivevoice.com/a-retail-reality-check-our-bookstores-and-whats-essential/#comment-451543 Thu, 26 Mar 2020 20:36:14 +0000 https://www.thepassivevoice.com/?p=122813#comment-451543 Not necessarily.
Around here WalMart has closed off non-grocery/non-pharmacy sections with yellow tape. For them non-essential means non-essential.
Not sure if it is local policy or corporate.

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Comment on A Retail Reality Check: Our Bookstores and What’s ‘Essential’ by DaveMich https://www.thepassivevoice.com/a-retail-reality-check-our-bookstores-and-whats-essential/#comment-451542 Thu, 26 Mar 2020 18:12:53 +0000 https://www.thepassivevoice.com/?p=122813#comment-451542 Actually, the expansion of Target and Walmart into groceries might prove to be, just by luck, one of the best things these stores did for themselves. Because they sell groceries they can stay open and sell everything they normally sell, even books and toys. Other retailers with a subset of stock like Bed Bath & Beyond, or general department stores, are screwed right now.

It’s the same with restaurants. In my neighborhood, Chipotle is doing brisk take-out business, but the nicer sit-down mexican just a few doors away is shuttered.

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