Lanny v. Kirstie McLellan Day

[Aarongavey]

Lanny is going to court. Weird that the Voice could have such a dramatic effect. It will be interesting to follow this court case.

https://www.google.com/amp/s/www.cbc.ca/amp/1.5725250

[Strange Brew]

WTF - an episode of the Voice? Why would you admit to that being a reason behind anything?

But I enjoyed this quote: "The completed manuscript is a complex, highly textured and integrated work," reads the court document.

I read the Fleury book that she wrote and I wouldn't quite describe it in those terms.

This will definitely increase sales if they agree to proceed.

[drewtastic]

I'm with Lanny on this. Just check out Diana Hart's book, if you want an example of overt sensationalism...

[Jiri Hrdina]

Terrible hack of a writer
Why was Lanny working with her at all?
At least the voice knocked some sense into him.

[GioforPM]

I have little time for either of them frankly. But Lanny, having engaged her and worked with her, needs more than a change of heart to “reasonably refuse consent”.

[JBR]

I'm confused, did Lanny choose Blake as his coach?

[Torture]

Originally Posted by GioforPM

I have little time for either of them frankly. But Lanny, having engaged her and worked with her, needs more than a change of heart to “reasonably refuse consent”.

Agreed. He entered into a contract and she spent time writing a book for him and now you're backing out because....you watched an episode of The Voice? Yikes.
Very strange.

[Vansmack]

Originally Posted by Torture

Agreed. He entered into a contract and she spent time writing a book for him and now you're backing out because....you watched an episode of The Voice? Yikes.
Very strange.

The article is pretty clear about why he isn't providing consent. Watching the Voice may have provided him with an "aha" moment, but the reasons are outlined in the article. Day also has to meet her contractual obligations, which according to Lanny, she did not.

[Textcritic]

Originally Posted by Vansmack

The article is pretty clear about why he isn't providing consent. Watching the Voice may have provided him with an "aha" moment, but the reasons are outlined in the article. Day also has to meet her contractual obligations, which according to Lanny, she did not.

Based on what is in the article I think this is the most difficult argument for Lanny to make. According to McLellan-Day she was on lockstep with him, and received his approval at every stage of the writeup over the year she did the research and conducted interviews for the book.

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[Hot_Flatus]

Originally Posted by Vansmack

The article is pretty clear about why he isn't providing consent. Watching the Voice may have provided him with an "aha" moment, but the reasons are outlined in the article. Day also has to meet her contractual obligations, which according to Lanny, she did not.

You've seen and approved the book at every stage and suddenly you're going to pull the rug out from the whole thing after someone has invested a year of time working with you? This is pretty low from anyone let alone a public figure. Unless there's a whole lot more we aren't hearing, I would hope Lanny comes to his senses and does the right thing. This reeks of nothing more than second thoughts about a few stories he's spewed or some sort of shoddy publicity stunt based on how weak the rationale given is.

I mean he honestly expected someone to write about and people to read about his philanthropy and post playing career?...even after seeing the proofs that did not contain any of this?

[Strange Brew]

Originally Posted by Textcritic

Based on what is in the article I think this is the most difficult argument for Lanny to make. According to McLellan-Day she was on lockstep with him, and received his approval at every stage of the writeup over the year she did the research and conducted interviews for the book.

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While she was working 11 hours on a day on the manuscript no less.

I guess since she is suing him, the publisher must believe that Lanny's approval is required before it can be published. And they haven't gotten it.

Isn't that how these kinds of books become "unauthorized". She has her notes and interviews and can write a book about it supposedly?

[CroFlames]

Not sure there is a bigger star than Lanny in Calgary history and I love this guy.

But this author has a air tight case against him. I don't think he has a leg to stand on here.

[Cecil Terwilliger]

Is it possible he saw her notes or outline and then balked when the final product was grossly exaggerated or contained fabrications for the purposes of making things more interesting?

I think it’s more likely he just had a change of heart or has another reason, just a thought.

[Strange Brew]

Originally Posted by CroFlames

Not sure there is a bigger star than Lanny in Calgary history and I love this guy.

But this author has a air tight case against him. I don't think he has a leg to stand on here.

How do you know this?

[GioforPM]

Originally Posted by Strange Brew

While she was working 11 hours on a day on the manuscript no less.

I guess since she is suing him, the publisher must believe that Lanny's approval is required before it can be published. And they haven't gotten it.

Isn't that how these kinds of books become "unauthorized". She has her notes and interviews and can write a book about it supposedly?

From what I understand he has final control over release of the manuscript, but his consent can’t be “unreasonably withheld”, which she says he is now doing. So the court case comes down to whether his excuse is reasonable or not. I have not a lot of “reasonable refusal” cases myself but not with respect to manuscript approval so I have no idea what a court will consider reasonable.

If she went ahead, he’d be the one suing her and she’d also lose big time in her chosen field - writing approved bios with athletes. She’d never get another deal with a player (and she’s not going to sell books without the player’s name on the co-authorship).

[CalgaryFan1988]

Originally Posted by Cecil Terwilliger

Is it possible he saw her notes or outline and then balked when the final product was grossly exaggerated or contained fabrications for the purposes of making things more interesting?

I think it’s more likely he just had a change of heart or has another reason, just a thought.

My two cents - You're most likely right, although I feel a change of heart is something to have prior to signing a contract.

[GioforPM]

This will likely get settled through some sort of revision. The legal fees and uncertainty for both sides, plus the fallout for her in any event are pretty big motivators. I don’t think either are rich enough where the cost of litigation will be worth it for the fairly small margins on a limited appeal book like this.

[Strange Brew]

Originally Posted by GioforPM

From what I understand he has final control over release of the manuscript, but his consent can’t be “unreasonably withheld”, which she says he is now doing. So the court case comes down to whether his excuse is reasonable or not. I have not a lot of “reasonable refusal” cases myself but not with respect to manuscript approval so I have no idea what a court will consider reasonable.

If she went ahead, he’d be the one suing her and she’d also lose big time in her chosen field - writing approved bios with athletes. She’d never get another deal with a player (and she’s not going to sell books without the player’s name on the co-authorship).

Good points. Unauthorized biographies definitely sell though, they're not that unusual. Now don't know about an unauthorized book about Lanny. Doesn't sound that interesting.

But yeah, good luck signing up with another athlete after that. No idea why athletes are signing up with her in the first place.

[GioforPM]

Originally Posted by Strange Brew

Good points. Unauthorized biographies definitely sell though, they're not that unusual. Now don't know about an unauthorized book about Lanny. Doesn't sound that interesting.

But yeah, good luck signing up with another athlete after that. No idea why athletes are signing up with her in the first place.

She’s carved out a niche, and her husband has always had good local connections. But IMO her success has either been with hockey players with really interesting/controversial lives (Theo, Probert, Cujo), and Lanny has sorta led a charmed life here. Plus, a whole lot of people never saw him play (versus the others), because of when his career was, so they aren’t as interested. Perhaps she had to amp up some of what little controversy she could find - the car fatality caused by his mom, the Colorado trade, or maybe his lack of success in finding meaningful hockey management jobs, and he wouldn't like that.

[troutman]

He already did a book with Steve Simmons - I think I have a copy.