The defamation lawsuit launched by Ellora’s Cave against Jane Litte (the professional name of Dear Author’s Jennifer Gerrish-Lampe) has been one of the more chilling stories for authors in the past year.
Here’s what you need to know about the case:
- It has involved reports—and many denials—that Ellora’s Cave was paying royalties late and that the publisher might be in financial trouble. Ellora’s Cave has worked with many authors for some fifteen years, and no one concerned for authors greets the news of a publishing house in trouble with happiness.
- News of Ellora’s Cave being under strain was troubling because the company has long been honored as a trailblazer. Tina Engler (she writes as Jaid Black) created what is widely recognized as an industry leader in digital-first publishing, eventually offering a specialized Ellora’s Cave e-reader to a massive audience of loyal readers. The company’s Raelene Gorlinsky spoke at Digital Book World in 2010 at Mike Shatzkin’s invitation, and when the American Bar Association’s Tim Brandhorst reviewed the event, he wrote, “A handful of women far outside the NYC publishing mainstream have managed to do everything completely backwards from the large NYC houses, yet have, in the process, gotten everything exactly right for their niche.”
- The idea of a respected and widely followed blogger being sued by a publisher was disturbing in itself. Granted, a lot of bookish blogging could use more fairness and accuracy, but the industry as a whole is more a place of debate than litigation. The legal action by Ellora’s Cave against Dear Author took many by surprise and seemed uncharacteristic even in a community of such high-spirited exchange as the romance network is known to be.
It’s worth looking back at Carolyn Kellogg’s report of the suit’s inception in The Los Angeles Times in late September 2014. Kellogg made it clear even then that problems for Ellora’s Cave were being reported in the industry trade press. Kellogg wrote, “The Dear Author blog is not the only place these issues have been reported…. Publishers Weekly also reported on delays of royalty payments to authors.” In Kellogg’s estimation, the suit against Litte (who is herself an attorney) may have been triggered by deeper reporting and commentary on Engler’s lifestyle.
The settlement of the case, as reported by Sarah Weinman at Publishers Lunch (paywall), comes with no details. They’re confidential, as part of the agreement. So we’ll never know what the upshot of all this has been. Over time, we may know more about the status of Ellora’s Cave.
As far as takeaways for authors, only general ones: One of agent Kristin Nelson’s main lines of commentary in recent months—not in relation to this case—has been a look at the importance of auditing royalty statements thoroughly.
But as for this relatively rare legal action, we’re left with hearsay and speculation in terms of actual intent and effect. Many have agreed with author-attorney Courtney Milan that one effect of this event can be to “chill” speech critical of Ellora’s Cave’s dealings with authors. It is, in the end, a frustrating situation, and we may never know the full story.
Jane Friedman has spent her entire career working in the publishing industry, with a focus on business reporting and author education. Established in 2015, her newsletter The Bottom Line provides nuanced market intelligence to thousands of authors and industry professionals; in 2023, she was named Publishing Commentator of the Year by Digital Book World.
Jane’s expertise regularly features in major media outlets such as The New York Times, The Atlantic, NPR, The Today Show, Wired, The Guardian, Fox News, and BBC. Her book, The Business of Being a Writer, Second Edition (The University of Chicago Press), is used as a classroom text by many writing and publishing degree programs. She reaches thousands through speaking engagements and workshops at diverse venues worldwide, including NYU’s Advanced Publishing Institute, Frankfurt Book Fair, and numerous MFA programs.
