Monthly Archives: April 2013
Update: Pirate Bay’s moved yet again! TorrentFreak reports today that when Swedish prosecutors moved to seize Pirate Bay’s Swedish (.SE) and Icelandic (.IS) domains, Pirate Bay swiftly migrated its virtual home to Sint Maarten, proprietor of the .SX top-level domain. Sint Maarten, a constituent country of the Netherlands, comprises the southern half of the Caribbean island Saint Martin.
The Pirate Party, an Internet libertarian group, has been on the political map for a while, particularly in Europe. It has gained seats in state legislatures (in Germany) and, through a coalition, a senate seat in a national legislature (in the Czech Republic). It now claims its first national, directly elected representative, in the Icelandic parliament.
It’s been an especially big month for the piracy minded in Iceland. Last week, Iceland became the virtual home of file-sharing promoter Pirate Bay. Pirate Bay, no longer welcome in its home country of Sweden, had briefly moved its site from a Swedish domain (.SE) to Greenland-based domain (.GL). Greenland’s domain name host, however, quickly booted Pirate Bay, so it moved again, to Iceland (.IS). It seems to have found a more hospitable home there, at least for the moment. TorrentFreak reported last week that Iceland’s top-level domain name registrar had no plans to kick out Pirate Bay.
What does the Pirate Party’s parliamentary victory mean? Leo Mirani at Quartz, a business news site, thinks it means the Pirate Party will need to grow up:
…the Pirate Party will need to refine its ideology and find a balance between the ideal vision of online freedom it espouses and the unsavoury activities and people it can easily find itself associated with. That is a tricky line to walk, especially since it can’t pick its supporters and members.
by Campbell Geeslin
The novel’s hero is Harry Handsome. In the next book by the same author, Harry’s brother Ted is the main man. In the third, their cousin, an orphan who lived with the family, becomes sheriff. Each novel sells more copies than the previous one.
In genre publishing, the connected series has become a popular route to big success. Novels with characters that reappear in a series (or books linked by a single community) have caught on with fans of Debbie Macomber, author of the Dakota series. PW credits her with inventing this approach.
Others who have been successful with linked novels are Sherryl Woods (Trinity Harbor series), Susan Wiggs (Calhoun Chronicles) and Susan Mallery (Buchanan series).
PW reported that Robyn Carr (Virgin River series) took the connected novels route to success. Her latest, The Wanderer, sold 48,000 copies in its first week to become a No. 1 bestseller.
FETE: The Harvard University Press is celebrating 100 years of publishing. It began in 1913 and is in the process of converting 10,000 titles into digital format.
The press’s first bestseller was Eudora Welty’s One Writer’s Beginnings in 1984.
I opened my treasured copy of Welty’s memoir to see how well I remembered the last paragraph:
“As you have seen, I am a writer who came of a sheltered life. A sheltered life can be a daring life as well. For all serious daring starts from within.”
On Thursday, the Second Circuit Court of Appeals overturned a trial court’s decision, ruling that an artist’s uses of 25 copyrighted photographs were sufficiently transformative to be protected by copyright’s fair use defense. The court was uncertain, however, whether the artist’s uses of five other photographs should be considered adequately transformative to trigger the defense. The court’s opinion, Cariou v. Prince, is available here.
The artist, Richard Prince, had copied the work of photographer Patrick Cariou, who had taken the photographs over a six-year period in Jamaica. Cariou had published the collection in a book, “Yes Rasta,” in 2000.
Prince used 30 photos from Cariou’s book in creating “Canal Zone,” a series of large-scale works exhibited at galleries in St. Barth’s and New York City in 2007 and 2008. Prince’s modifications to the black-and-white photos varied, but included enlarging the images, adding acrylic paint, pasting on new elements, tinting them, and using them in collages. According to the court, some of Prince’s works exhibited at the galleries almost entirely obscure Cariou’s original photographs. In others, Cariou’s original images are still readily apparent.
The court found that 25 of Prince’s works “manifest an entirely different aesthetic from Cariou’s photographs”:
Where Cariou’s serene and deliberately composed portraits and landscape photographs depict the natural beauty of Rastafarians and their surrounding environs, Prince’s crude and jarring works, on the other hand, are hectic and provocative. Cariou’s black-and-white photographs were printed in a 9 1/2″ x 12″ book. Prince has created collages on canvas that incorporate color, feature distorted human and other forms and settings, and measure between ten and nearly a hundred times the size of the photographs.
The court cautioned, however, that not all “cosmetic changes to the photographs would necessarily constitute fair use. A secondary work may modify the original without being transformative.” As an example, the court cited its 1998 ruling that a book providing synopses of Seinfeld television episodes infringed the original shows’ copyrights, since the book simply repackaged the episodes’ content in a new form.
The appellate court was uncertain whether Prince’s modifications were merely cosmetic for five of the thirty works. The court remanded the case to the trial court to determine whether those “relatively minimal alterations” were sufficiently transformative to be deemed fair uses of Cariou’s photographs.
Here’s this week’s batch of 25 new and recent releases by our members:
Daco Auffenorde: The Libra Affair
Daniel James Brown: The Boys in the Boat: Nine Americans and Their Epic Quest for Gold at the 1936 Olympics
Larry O. Dean: Brief Nudity
Greg Dinallo: The German Suitcase
Jordana Frankel: The Ward
Chris Grabenstein: Free Fall
Don M. Green: Everything I Know About Success I Learned From Napoleon Hill
Michaela Haas: Dakini Power: Twelve Extraordinary Women Shaping the Transmission of Tibetan Buddhism in the West
Steven J. Harper: The Lawyer Bubble
Eli Hastings: Clearly Now, the Rain: A Memoir of Love & Other Trips
Stephanie Hoover: The Killing of John Sharpless
James Horvath: Dig, Dogs, Dig: A Construction Tail
Kenneth V. Iserson: Iserson’s Getting Into a Residency: A Guide for Medical Students, 8th edition
Laurence Klavan: Wasteland
Elinor Lipman: I Can’t Complain: (All Too) Personal Essays
Katherine Hall Page: The Body in the Piazza
Nathaniel Philbrick: Bunker Hill: A City, A Siege, a Revolution
Chris Raschka: Everyone Can Learn to Ride a Bicycle
Marlene Fanta Shyer: Happy Anniversary, He Said
Seymour Simon: Seymour Simon’s Extreme Oceans
Jill Smokler: Motherhood Comes Naturally (and Other Vicious Lies)
R.L. Stine: How I Met My Monster
Lily Tuck: The House at Belle Fontaine
Gloria Whelan: All My Noble Dreams and Then What Happens
Wallis Wilde-Menozzi: Toscanelli’s Ray
Have a new book? Submit here to be listed online and in the Bulletin.
This week’s handful of contests include both short fiction and nonfiction, with May 31 deadlines. Check them out.
Butler University’s Booth Journal Story Prize is now accepting submissions. Stories ranging from 500 to 7,500 words are eligible. The winner will receive $1,000 and publication. The runner up will receive $250 and publication. Entry fee: $20, but includes a 1-year subscription to Booth Journal. Deadline: May 31, 2013. For more information, visit the website.
The University of Georgia Press is offering their annual Flannery O’Connor Award for Short Fiction. The award is open to short story collections written in English by published and unpublished writers. Winners receive a cash award of $1,000, and their collections will be published by the University of Georgia Press. Manuscripts should be 40,000-75,000 words in length. Entry Fee: $25. Deadline: May 31, 2013. For complete guidelines, visit their website.
Creative Nonfiction and Arizona State University’s Global Institute of Sustainability are looking for essays that illuminate and present the human side of environmental, economic, ethical, and/or social challenges related to the state of the planet and our future for their Walton Sustainability Solutions Best Creative Nonfiction Essay Award. The winner will be awarded $10,000. Essays must be previously unpublished and no longer than 4,000 words. Entry fee: $20 (or $25 for a subscription to Creative Nonfiction). Deadline: May 31, 2013. For more information, visit the website.
The Winning Writers Sports Fiction & Essay Contest is looking for the best short stories and essays on sports-related themes. The first place winner in each category will receive $1000 each. Five honorable mentions in each category will receive $100 each. Winning entries will also be published online. Entries should be no longer than 6,000 words. Entry fee: $15 per entry. You may submit as many entries as you like. Deadline: May 31, 2013. For more information, visit their website.
Here’s a clip from last week’s phone-in seminar with Anita Fore, Authors Guild Director of Legal Services, on the basics of understanding and negotiating contracts with both traditional book publishers and stand-alone ebook/POD publishers. The clip (about 15 minutes) focuses on traditional book contracts:
Members are welcome to contact us for a link to the full-length audio of the 60-minute seminar and a handout that accompanies Anita’s talk. (Not a member? Join up! You must be a published author to join, but many self-published authors now qualify for membership.)
The Guild is hosting additional phone-in seminars for members this week and next:
Magazine Contract Issues (Wednesday, April 24th)
Anita Fore will discuss several clauses freelancers should be aware of when negotiating magazine agreements. Sign up here.
Authors’ Statutory Right to Terminate Publishing Contracts After 35 Years (Wednesday, May 1st)
Paul Aiken, Authors Guild Executive Director, will explain the rules governing publishing contract terminations under Section 203 of the Copyright Act. Sign up here.