Quid Pro Quo Bad

Don't be like Ironman! Don't get fined for falling foul of America's "sweepstakes" laws.

Call it a "contest", but if one is not careful, the "contest" might be a lottery or sweepstakes, and it might be illegal if one does not know what one is doing... and many authors don't. They are simply keen to promote their books and their brand, attract massive followings on social media sites, and make a prestigious list.

Whether the quid pro chance-at-a-quo (or price of entry into a contest) is signing up for a newsletter, or giving a "like" on a site, becoming a "follower", quoting a quote, posting a review, or paying a fee, the "quid" is a thing of value, at least to the author.

The "quo" is the chance to win something, which might be money, a gift card, a token, an ebook, a signed paperback or hardback, a necklace, a bundle of books, even an ebook reader.

The fact is, for the contest to be legal, one must offer a free, alternative way to enter, such as mailing in one's name and contact information on a postcard. 

There are other important steps that a contest organizer must take, and they are clearly explained by Barry M. Benjamin of Kilpatrick Townsend & Stockton LLP

Lexology link:

https://www.lexology.com/library/detail.aspx?g=c5f9b339-095b-43d5-b287-63048bdf96a1

 

Original link

https://s3.amazonaws.com/documents.lexology.com/4ed595a2-f382-4613-9caf-b54efa222db9.pdf?AWSAccessKeyId=AKIAVYILUYJ754JTDY6T&Expires=1653824625&Signature=SQbbh75bN0XzL0qhzG1adBwD7%2BE%3D

 

All the best,

Rowena Cherry 

SPACE SNARK™

http://www.spacesnark.com/   

http://www.rowenacherry.com

EPIC Award winner, Friend of ePublishing for Crazy Tuesday   

Moral Rights Deadline, Keeping Your Contest Legal.

If you feel that, as an alien romance author (or any other type of author), your moral rights ought to be increased or more vigorously protected by the US Government, you have until one minute before midnight Eastern Time on March 30th, 2017 to submit your brief (or lengthy) remarks.

Explanation:
https://www.copyright.gov/policy/moralrights/

Instructions:
https://www.copyright.gov/policy/moralrights/comment-submission/

Moral rights are non-economic rights that are personal to an author, such as the right of attribution (giving you credit for being the author of your work), and the right not to have your work distorted in a way that harms your honor or integrity.

LaVar Oldham, of the law offices of Workman Nydegger has written a helpful article on Moral Rights in the USA, and why authors might wish to provide comments. Other countries provide greater protection for authors' moral rights than does the USA, partly because the American "First Amendment".
http://www.lexology.com/library/detail.aspx?g=7fec26a9-3207-44cd-bc73-84774f29e9b8&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2017-03-17&utm_term=

Drinker Biddle & Reath LLP have a helpful article about staying on the sweet side of the law while running a contest to promote one's work.
http://www.lexology.com/library/detail.aspx?g=5801a2a8-d61d-4c3d-bdda-f0b8262c88cc&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2017-03-09&utm_term=

This is the first of a series. In this part, they define what makes a "contest" look like an illegal lottery ("a prize", the element of "chance", and "consideration" or "anything of value") and how to tweak your contest so that it is not an illegal lottery.

Many independent authors, and some traditionally published authors run contests that appear to cross the line. This looks like a series that is worth following.

Kudos and attribution for the sweepstakes advice go to Darren S Cahr, Tore Thomas DeBella, and Mita K. Lakhia.

All the best,

Rowena Cherry

PS. My apologies for not posting last Sunday. I blame Stella (the storm).