Printer Friendly
The Free Library
19,255,778 articles and books
Member login
User name  
Password 
 
Join us Forgot password?

Dispute, suit leave Nashuan's book in limbo.


Nataly Kelly started out to write a book that would "give some visibility to the invisible person on the other end of the telephone," a book about the telephone interpreting industry, which, she said, "has kind of exploded."

Instead, the book itself--"Telephone Interpreting: A Comprehensive Guide to the Profession"--has kind of exploded, embroiled em·broil  
tr.v. em·broiled, em·broil·ing, em·broils
1. To involve in argument, contention, or hostile actions: "Avoid . . .
 in a controversy that cost her a $120,000-a-year job working out of her Nashua home. While the book can still be pre-ordered on Amazon.com for roughly $100 a copy, its distribution was held up just weeks before its planned May 18 publication date because of a dispute between Kelly and her former employer that is now being fought out in a federal lawsuit in U.S. District Court in Concord.

Kelly said she is "extremely disheartened dis·heart·en  
tr.v. dis·heart·ened, dis·heart·en·ing, dis·heart·ens
To shake or destroy the courage or resolution of; dispirit. See Synonyms at discourage.
" by the turn of events, yet when she talks about the OPI (Open Prepress Interface) An extension to PostScript that provides color separations. It was developed by Aldus Corporation, which was later acquired by Adobe.  (over-the-phone interpretation) industry that she has been involved in for so many years, her voice becomes very animated.

It's an industry, she said, that started out as part of the telemarketing telemarketing, the practice of selling goods or services to customers by means of the telephone or of surveying consumer preferences in telephone conversations.  industry to sell phone services to those who primarily converse (logic) converse - The truth of a proposition of the form A => B and its converse B => A are shown in the following truth table:

A B | A => B B => A ------+---------------- f f | t t f t | t f t f | f t t t | t t
 in another language--estimated to be some 47 million people in the United States--and now has become a ubiquitous part of service delivery--from medical to insurance to banking to computer technical services.

Kelly said interpretation--and more recently telephone interpretation--is the fastest-growing field in the commercial world. One estimate pegs the market at $1 billion, with only a fifth being served at the moment.

Kelly got her start out of school in the mid-1990s interpreting conferences in Ecuador and courts in Latin America Latin America, the Spanish-speaking, Portuguese-speaking, and French-speaking countries (except Canada) of North America, South America, Central America, and the West Indies. , but she eventually became involved in telephone interpretation as an employee, a consultant and even started her own business. The field, which was once dominated by one company, has become competitive, with different firms specializing in different fields.

No one has ever wrote a book about this new industry, and Kelly said she wanted to bring it to the world's attention.

That's about as much as Kelly would say about the book. Her attorney, Pamela Smith of Newton, Mass., advised her not to talk about when and how she wrote the book, because that is at the heart of the lawsuit against NetworkOmni, her former employer, and the California company's executive vice president, Manuel Mendoza, who she says were trying to steal her work.

According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the suit, NetworkOmni managed to stop the book's publication by telling the British publishers--Multimedia Matters--that it was a work for hire and contained confidential and proprietary information.

(NetworkOmni declined comment, because the matter is in litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
.)

In an affidavit affidavit

Written statement made voluntarily, confirmed by the oath or affirmation of the party making it, and signed before an officer empowered to administer such oaths.
 for the lawsuit, Kelly said that NetworkOmni assured her--both orally and in writing, when being hired and during her employment--that it had no problem with her working on the book apart from her job.

Most of the book, she said in the affidavit, had been written before she began working there.

"Telephone Interpreting: A Comprehensive Guide to the Profession" was to be published as part of the "Professional Interpretation in the Real World" series. Kelly was involved in a number of pre-release publicity activities, including an interview with Business Week magazine. It was hyped as the first major book to cover telephone interpreting.

Kelly, who started as a court interpreter, landed a job at AT&T as a senior language specialist for its language line service. She freelanced and then started her own company--LogiLing Inc. It was during this time that she developed her book and entered negotiations with her publisher, which she explained to NetworkOmni CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board.  George Ulmer and Mendoza upon being hired in April 2005 as senior product development manager, based out of her Nashua home.

She even put it in writing in May of 2005 to Ulmer that she had already written a good deal of it, "so rest assured that it in no way will conflict with my job."

At first, Kelly said, the company was indifferent to the book, putting off an offer to feature the company's interpreters on the covers until it did a detailed review. She sent a draft of the book out of "courtesy" for that purpose, though she said she made sure to put the symbol indicating that she had the copyright on every page.

In late 2006, Kelly began to complain about "inappropriate and discriminatory behavior" by Mendoza and others. In retaliation RETALIATION. The act by which a nation or individual treats another in the same manner that the latter has treated them. For example, if a nation should lay a very heavy tariff on American goods, the United States would be justified in return in laying heavy duties on the manufactures and , Mendoza began to claim that "my book was the property of NetworkOmni."

When Kelly pressed her complaints, Ulster allegedly defended Mendoza by saying that he felt "castrated cas·trate  
tr.v. cas·trat·ed, cas·trat·ing, cas·trates
1. To remove the testicles of (a male); geld or emasculate.

2. To remove the ovaries of (a female); spay.

3.
" by Kelly's "outstanding performance" and was acting "macho" and like a "wounded animal," she wrote in her affidavit. Then, she said, Ulmer started making "uncomfortably personal gender related comments."

The pressure increased, said Kelly, and she was kept from going to a conference where she was a featured presenter. She said she resigned as director of product development when she did not receive enough assurances that the company would not try to misappropriate mis·ap·pro·pri·ate  
tr.v. mis·ap·pro·pri·at·ed, mis·ap·pro·pri·at·ing, mis·ap·pro·pri·ates
1.
a. To appropriate wrongly: misappropriating the theories of social science.
 her book. She then withdrew her resignation after talking to Noun 1. talking to - a lengthy rebuke; "a good lecture was my father's idea of discipline"; "the teacher gave him a talking to"
lecture, speech

rebuke, reprehension, reprimand, reproof, reproval - an act or expression of criticism and censure; "he had to
 a lawyer. The company terminated her anyway, she said.

With the book planned for release, Kelly threw herself into promotional activities, but "this all came to a jolting jolt  
v. jolt·ed, jolt·ing, jolts

v.tr.
1. To move or dislodge with a sudden, hard blow; strike heavily or jarringly:
 halt five days after I left the company."

That's when NetworkOmni allegedly wrote Kelly's publishers and told her it was a work for hire. The publisher suspended publication until the ownership issue is resolved.

"Instead of being about to celebrate the fruit of many years of my labor, I have been denied the opportunity savor the publication of my book," she wrote. "Professors from universities are waiting on the book ... I have had to turn down potential speaking engagements ... because my book is being held hostage. Now, I am in a constant state of frustration."
COPYRIGHT 2007 Business Publications, Inc.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2007 Gale, Cengage Learning. All rights reserved.

 Reader Opinion

Title:

Comment:



 

Article Details
Printer friendly Cite/link Email Feedback
Title Annotation:cases of Nataly Kellyn and book publishing industry
Author:Sanders, Bob
Publication:New Hampshire Business Review
Date:Jun 8, 2007
Words:957
Previous Article:Bullying grows as a workplace issue.(WORKPLACE)(Survey)
Next Article:Theobald associate gets 37 months in Ohio case.(N.H. RETIREMENT BOARD UPDATE)
Topics:



Related Articles
Applied Security Management.
Collins trial illustrates author-publisher contracts. (actress Joan Collins)
AUTHOR'S SUIT MAY HALT FILM; ALLEGATION OF PLAGIARISM DIRECTED AT DREAMWORKS.(NEWS)
Turning a page on profit: book publishing thrives in the Rockies.
The name game.(Editor's Note)(trademark infringement lawsuits)(Editorial)
Health Law.
A new chapter: with one book entangled in lawsuit, author begins another.(NetworkOmni)(Brief article)
Got faith? L.A. attorneys doing more work in Christian sector.
Book value: litigation won't prevent Nashua author's publication.(NEWS & ANALYSIS: in brief)
Stanford Law School's Fair Use Project Defends RDR Books Against Copyright Lawsuit Brought by J.K. Rowling and Warner Bros.

Terms of use | Copyright © 2010 Farlex, Inc. | Feedback | For webmasters | Submit articles