Deseret News | LDS author weaving a legal web

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LDS author weaving a legal web

arc | 5:42 a.m. March 10, 2008

It is sad about his marriage. I have read most of his books, except the Passage to Z. and that movie. I figured it was a rip-off to his own stuff.

That said, it sounds like this web designer has got greedy. Chris's last tennis shoes book wasn't as good, and perhaps this last one this year will end the series on a high note.

JimBobDandyMcFly | 5:56 a.m. March 10, 2008

wow. what an intriguing tale of sordid details. has anyone thought about making this story about the story into a book?

Lost in Zarahemla | 7:32 a.m. March 10, 2008

What a mess! This Mike Collins guy has a lot of gall. How can he assert rights to Chris's books and movie if he was just a web designer? With a claim like this, he's got to have a written assignment of copyright, doen't he? And if he does, wouldn't that mean 'Case Shut' for Chris?

Comments continue below

KingM | 6:41 a.m. March 10, 2008

I can't figure out how the web designer should have any rights to Heimerdinger's work. That's just bizarre.

Having said that, Heimerdinger's writing is atrociously bad. If it didn't have an LDS theme it wouldn't sell at all, but somehow people overlook the flaws as a result.

Matthew | 7:11 a.m. March 10, 2008

To KingM:

"Atrociouly bad" Based on what? Doe he have bad grammer? Does he have bad spelling? Does it have a weak plot? No, No, and No are the Answers. Does he write to an audience that ranges from early independent readers up to adults? Ah... Yes he does. Is that what you call "atrociously bad"? If so, I'd like to see your efforts to accomplish writing well to the same range of readers. It is a difficult task that takes talent.

Lots of people have derived a great deal of enjoyment from Chris' books. That isn't atrociously bad.

The Authority | 7:44 a.m. March 10, 2008

I agree with King M. There are a lot of so called "authors" that sell books just because of their LDS links, but have very little merit or value.

That's why I tend to stay away from LDS fiction, and I'm LDS!

Anonymous | 7:45 a.m. March 10, 2008

Collins is an absolute idiot to believe he has any claim to anything. Anyone with an ounce of sense knows that intellectual property belongs to the creator unless it is sold. Collins might have owned the intellectual property of the stuff he personally created for the website, but that doesn't give him claim to anything elseï¿½certainly not to Chrisï¿½ books or his movie.

Unless Collins has a signed contract, his "partnership" is a lot of nothing. Almost all authors use a web designer, What makes him think this gives him any placement of power? Heï¿½s a web designer, not even a very good one, and he needs to get over himself.

And from a national market standpoint, Heimerdinger is an accomplished writer. He has a lot of skills like Orson Scott Card in that he uses simple language to explain something beautifully. His choice to write for the LDS market does not make him atrociously bad.

Brandt | 7:49 a.m. March 10, 2008

Since when does being a web designer qualify you as co-author? What's this guy's thought process? "Yeah, I helped put pictures and stuff on the web, so that means I helped make it." Talk about clueless. Here's a tip for Mike Collins - go get a JOB!! EARN your own money, quit trying to take it from other people!!

Eileen | 9:02 a.m. March 10, 2008

I don't have comments about the legal site - but I love the books. I can hardly wait for the next one. And I'm 49.

Nigel | 8:32 a.m. March 10, 2008

Well, Mr. Authority. I guess you told us. Imagine, LDS and you still don't read LDS fiction. How about non-fiction? It sounds rather..um..snooty if you ask me.
Yea, there is some bad stuff out there, and there are authors who capitilize on the LDS thing, but there are good books out there too. Chris' books are actually quite good. They are creative; they have good plots; what's not to like? I admit, it isn't exactly Dumas, Dickens or even Steinbeck, but it is pretty darn good.
I would urge you to get down off your high horse and give some LDS fiction a try. Robert Marcum also has some very good books. Of course, there is also the great one, Orson Scott Card.

Caroline | 8:33 a.m. March 10, 2008

To The Authority . . . I used to agree with you. LDS used to be fairly limpwristed reading, but not any more. There is mystery, suspense, romance, fantasy science fiction, historical, and contemporary general fiction, all written in the LDS market, and, in many cases, written better than you'll find in the national market. Unless you've read something recently, you might want to consider avoiding blanket statements. Those so called authors are doing something great in this market. Many have CHOSEN this market, even though they have national books out as well. They chose to write what they know best to the people they know best. You placing no value in LDS fiction does not equate to LDS fiction having no value. LDS fiction and authors have as much merit as in any other market. They need make no apologies for who they are and what they write.

Brewer | 9:10 a.m. March 10, 2008

I think people have missed what the Collins claim actually is. Collins is not claiming any type of author's rights to the work. That would be stupid.

If you've been following the case at all, Collins claimed he helped Heimerdinger create a publishing company for which Collins was to receive 50% of the publishing profits. This is not unusual and unusual type of partnership. I believe that Collins is claiming that once material was published and a profit was produced, Heimerdinger decided to keep all the profits for himself and kick Collins out of the company.
If Collins can produce evidence which show's Heimerdinger worked with him as a partner, then Collins has a valid case. If he can't then this will go nowhere.

Keith | 9:22 a.m. March 10, 2008

That makes more sense. Having worked as a freelance programmer I know there is no end to the number of people willing to promise you the world if you'll work for free. But then as soon as the money starts coming in the promises made to you are quickly forgotten.

Need More Info | 10:45 a.m. March 10, 2008

This article was way too high level and provided no real details. It actually left me with more questions than answers.

Who's actually suing who? The article mentions multiple lawsuits filed by Heimerdinger against Collins but didn't Collins ever sue Heimerdinger? If not, then how is Collins trying to assert rights to Heimerdinger's works? The article provides no information about this.

Why in the world would someone's attorney be sued for "trying to assert Collins' rights"? That makes no sense! Isn't that what attorney's are for?

Does anyone know anything about this website that his wife is being sued for helping Collins with? (A link would be nice.) The article says it was defamatory but then states that it "outlines some of Heimerdinger's past legal history." How is that defamatory? So is the only past legal history on this website this "criminal mischief" charge? The statement in the article makes it sound like there's more.

There has to be more to this story. The information presented in this article is clearly incomplete.

Rich | 11:03 a.m. March 10, 2008

Some of you don't realize, but verbal contracts are legally enforceable except in certain areas, such as the buying and selling of real estate and of leasing real estate with a term of one year or longer. Past actions can provide evidence of a verbal contract. Examples: Letters, accepting and cashing checks, telling other persons about an agreement, etc. If I wanted to create a web site to sell some of my works on the internet but did not want to invest the money doing so would require, I could make an arrangement with a web site designer to do the work for me and in turn give him a percentage of the profits. That might have happened in this case. We'll just have to wait and see what the court decides. None of us have the evidence that the court will consider. And even after the court rules in favor of one party, that doesn't mean that party was in the wrong -- courts can't and don't always rule in favor of the wronged party.

Thomas | 2:16 p.m. March 10, 2008

"Need more info" -- Yes, we do.

Although I think I can see an outline of what's going on. The typical business dispute gets into court when a party who claims he's owed something files a lawsuit for breach of contract or a similar claim. Sometimes, though, it's the party to whom the demand for money is being made who files a lawsuit for "declaratory relief," seeking to have the court enter a judgment establishing that the other guy's claim (which he has not yet filed suit on) is without merit. I suspect that's what Heimerdinger's doing here.

As for the claim against the attorney, it's possible Heimerdinger's suing him for abuse of process or something similar, claiming that the attorney overstepped the permissible bounds in sending demand letters or so forth.

Gwen | 4:14 p.m. March 10, 2008

I guess his legal and personal troubles explain why it has been so long since the last "Nephites in Tennis Shoes" sequel.
Like an earlier poster, I'm a middle-aged reader who got hooked on his novels when a friend loaned them to me. They were originally purchased for her 10 yr. old son.
I am strictly a reader of non-fiction as I find little of value in contemporary fiction, but the "Nephite" series took me back to my childhood summer vacations when reading was just plain fun!

M | 4:26 p.m. March 10, 2008

Good thing the LDS church isn't suing Heimerdinger for use of THEIR intellectual property...

Roger | 4:28 p.m. March 10, 2008

What LDS writing is non-fiction.

Kyle from AZ | 8:20 p.m. March 10, 2008

Who really cares except the individuals involved in this? I don't. I didn't even finish reading the whole editorial I was so bored by it.

Razor | 5:09 p.m. March 11, 2008

I'm thinking the lawyers are the big winners here. Someone needs to just figure out where to stop the bleeding put a wrap on it!

If you want to know how close society is to the abyss measure what percentage of it hard earned gold lines the pockets of lawyers.

Lawyers aren't all bad, in fact there are many very decent, honest, and hard working lawyers out there. The problem is that we need them.

This case is a perfect example of that and Heimerdinger seems very willing to escalate it to the breaking point. Not sure what it will accomplish except, as I said, to line the pockets of lawyers.

L Jensen | 1:26 p.m. April 18, 2008

I am sorry that Chris is going through such hard times. It's got to be heartbreaking to have his wife and him split up. My prayers are with him. I feel he is a great person.

I love Chris's books and just finished reading his last Tennis Shoes Series book and am looking very forward to reading the next book that continues after book 10. I very much disagree with those people who seem to think that his books are not worth reading.

I also have spent most of the last 4 years reading ALMOST exclusively LDS Fiction books, along with some LDS Non-fiction as I know that none of those books will ever have bad language, offensive sexual behavior, or any other thing that I don't want my brain to have to store in long term memory. I have also read some books in that period of time that are not LDS Fiction or Non-fiction, but these are my favorite kind as they are extremely interesting. For those who haven't given it a try, you should try it, you will probably like it. Why cut anything out of your life that COULD be good? Give it a chance.

gremlin | 8:32 a.m. May 22, 2008

I thoroughly enjoy reading the tennis shoes series. I, too, am in my 40's and decided to read the first book to see if it would be appropriate for my young nieces and nephews. The first book was bought for one of my nephews. I have now read the entire series (through book 10) several times. I actually found this web site trying to see when book 11 would be available as I just finished reading the series again (I'd love to be able to understand the language of animals like Huracan and Rafa). Reading these books has helped me to understand parts of the Book of Mormon so much better than just studying the scriptures. I don't think I ever really understood the driving force that would cause two nations to hate each other so much that they would ignore common sense (the battle at cumorah), or the arrogance of someone who thought they could actually defeat Heaven (the tower of Babel), or the wonder of actually watching Christ descend from the clouds when he visited Bountiful. These books really bring these experiences to life for me. Anyway, my two cents worth.

TH | 1:17 p.m. May 27, 2008

Now I understand why his website has been "temporarily unavailable" for the last few years! I've been wondering if he'd fallen off the face of the planet. Really, I just want the end of the "Tennis Shoes" story. I hate having to wait for sequels to come out . . .

T | 8:58 p.m. June 9, 2008

Chris -
Why are you keeping us all waiting? When is book 11 coming out?

believe | 10:03 a.m. Oct. 25, 2008

Chris shouldn't finish or end the series! They are excellent works of fiction and he should keep the series going. Chris has remarkable skill in writing and is brilliantly insightful with all the facts and details. I have read and listened to the books and CDs in the Tennis Shoes series since I was young and they have made me love history and delight in reading. I intend sometime soon to travel to Central America so that I can see the ruins of the ancients that he so often wrote about. His books have inspired me to want to be an assistant archeologist. We all go through hard times and make bad choices. I believe that we should give Chris the benefit of the doubt. Not just because he is a good author but because he is just like us. A child of God. I also want the next book to come out very badly. Some have said that his books have gone downhill and that they are full of flaws. I listen to them almost every night and have read the books lots of times. I have even memorized many parts and there are absolutely no flaws.

Rachel | 8:47 p.m. June 2, 2009

i cant wait anymore. when is the book 11 coming out. i want to know what happens??

A from NV | 12:26 a.m. June 14, 2009

I agree with the fact that I don't want the series to end, but I feel that with all these rough times in his life, he should finish the series, and if he so decides, continue later. Right now is not the time. I am in college and I love the books. If there are flaws, I don't care. I know it's fiction but as said earlier, they have helped me understand parts of the scriptures better. Sometimes when Garth would say something really profound, it just helped me. I don't know why people are getting so obsessed over this trial. This is a trial for him, in more ways that one obviously and I wish it would end. But even if it doesn't, i know there must be a reason for it. it's not our place to judge.

J aponte | 1:32 p.m. June 29, 2009

I LOVE Tennis Shoes Adventure Series!!!! PLZ! I really don't want them to end! My dad and I are like SUPER stuck with these series! PL:Z hurry up! I'm dieing to find out what happens!!!!! I finsihed vol. 10 before my dad he hasn't even started it yet. Please tell us when you should be done!!!!! Are you almost done? I really can't wait!

Victoria | 12:41 a.m. July 3, 2009

I've been reading these books since I was 8! I would fall asleep literally every night listening to them on tape. Now I am 28 and still read them over and over I can still hear Jim's voice in my head while I read them. I LOVE these books. I especially love the prologues and epilogues. I can't wait to read book 11, however I think with everything he is going through I would understand and prefer to wait for book 11. No matter how long it takes. So he can get in the right frame of mind to write. By far my favorite Author and I sincerely hopes he continues to write. lets not forget "Eddy Fantastic" and "Daniel and Nephi" were also great books! Good luck Chris!

Anonymous | 5:46 p.m. Aug. 16, 2009

your right it's not our place to judge....in fact it's not even our buissness! I write stories and if I had legal trouble I would most certainly not end any series I was working on. For those of you who don't write, and I think it is most of you, A story any story that weaves it's way from your pen onto paper is like a glorious tale of what life could be. A writer can be free in a story, and find a home, saftey and certainity more or less. Would you take that away from him? It's none of your affair if he conitnues or ends it! You may be a fan but that's all! They are his books and it is his life, and you can all just wait to find out what happens. Instead of judging Chris why don't you all go read a good long ficton or better yet write your own story. You'll find that once you do, you have a haven, a paradise that only you can go to. Let Chris have his haven, after all, anyone who picks up a pen deserves one.

cat from zerahemla | 4:10 p.m. Sept. 2, 2009

i think that chris is an awsome writer but i am upset that you all dislike him! he is so cool and i am so mad at this guy who wants to take creadit in anything is disgusting! who does he think he is? that is all for now
bye

Elleon | 8:02 p.m. Sept. 27, 2009

I absolutely love the Tennis Shoes Series. I finished the 10th book practically a year ago and have been waiting for the 11th book to come out ever since. I don't agree with the fact that some of you guys think Chris'books have flaws. I've only read his books once and I think they were perfect.

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