Michele Lee

First reported by Smart Bitches, arguments in Barbara Bauer’s alleged suits against the internet (Preditors & Editors, individual bloggers, SFWA, Writer Beware, Wikipedia and even anonymous blogger Miss Snark have all been named. No, I don’t know how one would sue a fictitious character like Miss Snark.) begin tomorrow. A local paper even profiled Bauer and the case.

Wikipedia’s lawyers have entered the frey. In the article James Chadwick, an attorney representing Wikipedia, said, “She has sued everybody who she can identify who has said anything about her on the internet.”

Bauer is on the “20 Worst Literary Agents” list, a list composed by Write Beware listing the agencies with the most complaints in their database. (This is why Bauer is targeting Writer Beware and SFWA, with whom Writer Beware is affiliated.) While she claims to have sold many books and even claims to have represented award winning authors the clients she lists on her web page largely appear to have their books printed through micro presses or self publishers (of the first 5 books listed on Bauer’s site 2 were with notorious self publishers that are considered scams by many, 2 were with specialty presses that charge a reading fee and one was with a member of the Perseus Book Group. Many publishing professionals would consider that only on genuine “publishing credit”.) The agency’s web site also seems to play with words, saying “Below are just a few of the many companies who have worked with our clients” however no where does the site say “Here are the works our agency has sold”. (This fact and the quotes brought to you by Miss Snark, who puts it far more entertainingly than I have.)

Bauer is also infamous before this suit for allegedly sending cease and desist letters to ordinary bloggers and publishing professionals. It is also suggested that she’s sent demands for money to people who have used her name or written articles like this one on the web. (If you’re reading this, Hi Barbara!)

Bauer is not the only “publishing professional” to use this method, but it is largely considered highly unprofessional.

Bauer claims in The Star-Ledger article that bloggers and other internet travelers haven’t stopped at passing on the “20 Worst Agents” list, but have made youtube videos (which I could not find, which says something IMHO because even videos featuring threats and racist remarks have been left up on youtube after being flagged repeatedly.) and even contributed doctored nude photos of her to her now deleted Wikipedia page. (Ms. Bauer is allegedly holding Wikipedia responsible for their users’ actions by naming them in the suit. Wikipedia and the Electronic Frontier Foundation, a free speech on the internet group, have moved to have Bauer’s suit dismissed.)

There is, of course, a difference between relaying the truth of an interaction or situation to the outside world via a web page or blog and defaming someone. If users have posted doctored photos of Ms. Bauer they have crossed a line. But passing on personal, unsatisfactory experiences with a company (because that’s what a literary agency is, even if it boasts someone’s name) is completely within the rights of free speech. Further more truth (the truth in this case being that many watch dog sites have years of solid, on record complaints about Ms. Bauer and her agency that do strongly suggest that she not only charges aspiring authors upfront for representation, but that she also may be guilty of fraud as she represents herself as a successful agent, even though there’s no solid proof that she’s ever sold a book to a publisher who doesn’t demand an upfront fee–also known as self-publishing companies in the biz.) is the ultimate defense to libel and slander suits. (And again, how does one sue an anonymous blogger who hung up her stilettos over a year ago and has never been unmasked save for speculation?)

Bauer allegedly charges that the people named in suit have impaired her ability to make money, which is the point of course. Does the BBB routinely get sued for impairing businesses’ profits? Does Dateline get sued for their hidden camera exposes? Do the people behind the Nigerian scams sue places like oh, Snopes and the FBI for impairing their ability to make a profit? Literary scams are rarely as cut and dry.

However one thing is clear Bauer’s fees (“including a $50 reading fee, a $650 upfront marketing fee, and a flat “representation” fee of $1,000″ from Victoria Strauss of Writer Beware on this Absolute Write thread) clearly violates the Association of Authors’ Representatives (the professional organization for literary agents) Canon of Ethics which states:

“The AAR believes that the practice of literary agents charging clients or potential clients for reading and evaluating literary works (including outlines, proposals, and partial or complete manuscripts) is subject to serious abuse that reflects adversely on our profession. For that reason, members may not charge clients or potential clients for reading and evaluating literary works and may not benefit, directly or indirectly, from the charging for such services by any other person or entity. The term “charge” in the previous sentence includes any request for payment other than to cover the actual cost of returning materials.

Combined with a lack of sales and proof of the Bauer agency actually doing what it claims it will do for writers, bloggers, aspiring writers, publishing professionals et al are within their rights to suspect that Bauer is manning a scam or fraud agency.

Many people believe Bauer’s suit will be dismissed, but if it’s not the next phase is the discovery phase, which one would assume that if Ms. Bauer is running a fraud agency could make some very interesting things public.

Allegedly.