the end of the nugent saga.

nugent

FedEx just dropped off an envelope containing the items above: a small stack of correspondence, a copy of a signed license agreement, and a check.  The Nugent folks have retroactively paid for the right to print the essay of mine they published in Ted Nugent’s book “Ted, White and Blue”.  My very nice lawyer sent a letter and gave them a call, they basically said “Ooops—our bad,” and we exchanged our respective ideas as to how to rectify the oversight.  I asked for a particular amount (the same money I received for one-time print rights when I sold the essay for the first time, to Dillon’s Blue Press), and they agreed. 

As you can see from the picture, we’re not talking a huge sum of money here, but it’s definitely not chicken scratch to a freelancer.  In addition to paying for the print rights, they’re also going to give me a full attribution if they end up printing a paperback version of “Ted, White and Blue.”

My lawyer in this case was Adam Gonnelli, of Faruqi & Faruqi in New York City.  He’s a very nice, very professional guy, and he kept me constantly appraised of our progress with the Nugent folks.  If you have a need for legal services, I highly recommend Adam.  His firm does consumer class actions, and also represents workers who do not get paid appropriate overtime, or work "off the clock" with no pay at all.  This copyright issue was probably a bit out of his usual area of action, but he didn’t flinch at the comparatively minor legal issue of  my dastardly plagiarism case. (Thanks again, Adam, and I’m buying the drinks the next time we’re in the same zip code together.)

So there you have it: writer’s material got borrowed without attribution or permission, reader let writer know about it, nice lawyer sent a letter, a few phone calls were made, and writer got paid for his work.  Better late than never, I say. 

37 thoughts on “the end of the nugent saga.

  1. crankylitprof says:

    This is wonderful news! Congratulations!

  2. Todd says:

    Congratulations and well deserved.
    Funny thing happened to me not too long ago. I am on a list for my hobby of racing dogs and noticed another members signature line was a quote from your essay attributed to Major Caudill. I was pleased to send him an email, prompting him to change the attribution and thanked me for pointing him in your direction.

  3. Matt G says:

    As it should be. Well done, in handling things like grown-ups.

  4. MarkHB says:

    Adam is Good People, for sure and certain.

  5. Kristopher says:

    What about Major Caudill?

    When does he get paid for Marko using his name to make money with his screeds?

  6. MarkHB says:

    One swift punch in the throat, Kristopher, and not a penny less.

  7. Eric says:

    Ah, but how much of that check will you actually get to keep after the IRS and your lawyer get their percentage?

  8. Jay G. says:

    Dude, you know what you need to do with that scratch, right?

    Yeah. Go out and buy yourself a new heater for Christmas.

    And name it “Nuge’s Folly”…
    😉

    Glad to hear everything was resolved to your satisfaction, Marko!

  9. Brian Dale says:

    Glad to learn that the nuge has finally acknowledged and paid you for what he used.

  10. […] Looks like Ted Nugent’s people agreed to settle the copyright dispute with Marko over the unattributed essay that appeared in Nugent’s book. […]

  11. T.Stahl says:

    Mühsam ernährt sich das Eichhörnchen.🙂

  12. correia45 says:

    Writing is good. Getting paid for writing is more better.

  13. Antibubba says:

    Is there a link to the passage that precipitated all this?

  14. Jason says:

    Does it make me a giant dork in that the first thing I noticed in the picture was the pen?

  15. Jetfxr69 says:

    Jason,

    YES.

  16. I just got some assorted cigars in the mail today- one of them was

    “El Caudillo”.

    Told the Mrs. I gotta send one of these to Marko…

    Congrats on the settlement.

  17. Tam says:

    All’s well as ends better.🙂

  18. Huge props to Ted for doing the right thing. I’d have been sorely disappointed if things had come out any other way.

    • Mike says:

      Ditto, and I’m glad to hear that his character seems to measure up to the hype.

      • Daniel says:

        Mike,

        Having met the man, and had the opportunity to thank him for both his music and his stance on 2A issues, I can tell you, he is a character. And a fine character, at that. He is a zealous defender of what he believes to be ‘right’. Though I disagree with him on a few of the finer points, I do respect him for his energy, his efforts and his intelligence.

        Marko – Glad to hear you got paid. This should be setting a precedence for you, now.

  19. Holly says:

    Yay. I’m glad they were able to settle it civilly, and I hope they print another edition just so you can get proper attribution.

  20. og says:

    Shows a certain amount of class on both ends. I’m impressed.

  21. Borepatch says:

    Well done Mr. Nugent.

  22. […] A bit written by Marko ended up in the Nuge’s book without attribution. Looks like they’re square now. […]

  23. libertyman says:

    I think the check is missing a zero, but it is nice to see Ted Nugent do the right thing.

  24. aczarnowski says:

    Congratulations on the settlement. I’m happy to see the justice system sometimes is.

  25. […] in our time Posted on December 9, 2009 by Caleb Marko reports victoly in what will surely become known as the Saga of The Nuge. Possibly related posts: (automatically generated)A Message to Darfur from Dory: Just Keep […]

  26. Antibubba says:

    …and its right in the letter in the picture! *red face*

    One of the most succinct 2A arguments ever.

  27. mpk19 says:

    Marko, you should should charge by the value of the meaning of the words and not just the word count. Your essay is excellent and is worth fifty times the price you received! I am not entirely familar with the context of the “oops” made by Mr. Nugent, but I hope he did not claim it to be his own.

  28. MarkHB says:

    So much Nuge Love. The guy still didn’t do his research, and humped Marko. This is “minimal restitution”, because Marko’s a gentleman and just went for the Soft Option. “The Nuge” is still a man who screwed up. *sighs*

    Bear in mind that all Marko got paid was “minimum rate”. No comfort for the thousands of books with the wrong attribution was offered.

    Your “Nuge” still rates as “Not fit to piss on” in my book.

  29. […] the end of the nugent saga. FedEx just dropped off an envelope containing the items above: a small stack of correspondence, a copy of a signed licen […] […]

  30. […] You see, Marko Kloos, of munchkin wrangler fame, is the actual author of The Gun is Civilization.  Here is the 2007 original post.  In 2009, after having been circulated on the internet attributed to this Maj. L. Caudill, it was published by Ted Nugent in his book Ted, White and Blue.  Thankfully, Ted made things right with Marko later that year. […]

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