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The Authors Guild

Highly Anticipated SCOTUS Decision Keeps Copyright Law Technology-Neutral

In a 6-3 decision hailed by copyright proponents and the creative industries, the Supreme Court held today that Aereo, a subscription service that allows users to watch television programs over the Internet mere seconds after they are actually broadcast, violates copyright holders’ exclusive right to “publicly perform” those programs.

The case, American Broadcasting Companies v. Aereo, was brought by a coalition of television networks and other industry groups. But the decision resonates beyond the broadcasting industry, reinforcing the bedrock copyright principle that authors and other rightsholders are entitled to compensation for uses of their works.

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Along Publishers Row

by Campbell Geeslin

Do we need two books to tell us that our manners these days could stand some improvement?

Amy Alkon, author of a syndicated column, wrote in her new book: “Today rudeness of all kinds is at its peak . . . and this dismal condition is due in large part to technology.” She blames e-mail, text messages, tweets and Facebook. Well, technology can hardly be blamed for the title of her book: Good Manners for Nice People Who Sometimes Say F*ck.

Edwin L. Battistella called his book Sorry About That. He wrote that apologies from corporations, celebrities, and politicians are not intended to “express genuine remorse or accept blame but to make the offence go away as quickly as possible.” Wall Street Journal reviewer Barton Swaim wrote: “In today’s culture an apology need not be an admission of guilt or a plea for forgiveness. If you do it well, it’s an opportunity to insist that you are actually a wonderful person.”

Today, we just say, “I take full responsibility for that” awful, crude, embarrassing remark I made. And hope the rotten words are soon forgotten.

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New Books by Members

This week’s recent and upcoming books by our members include titles by Annamaria Alfieri, Kathi Appelt, Patrick A. Durantou, Dave Eggers, Alan Furst, Kerrie Logan Hollihan, Ed Ifkovic, Stephen King, Marc Levy, Patrick McManus, Claire Rudolf Murphy, Deborah Rodriguez, and William Stadiem. Titles below the jump.

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Bulletin Board

This week’s batch of contests includes a little bit of everything, from poetry to creative nonfiction. The deadline for all of them is July 15.

The Bard Fiction Prize is open to emerging writers who are American citizens under the age of 40 at the time of application. In addition to the monetary award, the winner receives an appointment as writer in residence at Bard College for one semester. Applicants should include a cover letter explaining the project they plan to work on while at Bard and submit a C.V., along with three copies of the published book they feel best represents their work. Deadline: July 15, 2014. For more information, please visit the website.

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Another Bite of the Apple: Tech Giant Settles with U.S. States, Consumers

Apple has come to terms with 33 U.S. states and the class of individual consumers who sued the corporation as a result of its e-book pricing agreements with five major publishers. In that class action lawsuit, which was set to go to trial on July 14, the states and consumers were seeking up to $840 million in damages from Apple. The precise terms of the settlement—which is awaiting final court approval—have not been made public.

This settlement stems from the April 2012 U.S. Department of Justice lawsuit accusing Apple and five publishers (Hachette, HarperCollins, Penguin, Macmillan and Simon & Schuster) of working behind the scenes to fix e-book prices by adopting the “agency” pricing model. Agency pricing would have allowed publishers to set the price of e-books, sidestepping the pricing traps set by Amazon, whose dominance in the digital and online book markets haunted every corner of that case. We’ve long maintained that the DOJ’s focus on Apple and the publishers ignored, and even sanctioned, Amazon’s anti-competitive conduct.

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Along Publishers Row

by Campbell Geeslin

“These things I learned by reading books aloud, into the pricked and critical ear of my son,” James Parker wrote.

Last Sunday was Fathers Day and Parker, an author of a biography, Turned On, and a contributing editor at The Atlantic, wrote about the impact of fatherhood for The New York Times.

He said reading to his son led to the following rules: “Keep it crisp; tell a good story; don’t muck about; don’t be afraid to say the same things twice, if it’s important; respect the reader; have some loyalty to your characters; and when you feel the urge to get descriptive, sit on it. (Much of this comes under Elmore Leonard’s tenth rule of writing: ‘Try to leave out the part that the readers tend to skip.’)”

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New Books by Members

This week’s recent and upcoming books by our members include titles by Tracy Barrett, Homer Hickam, Victoria Houston, Michael Kahn, Lily King, Katherine Hall Page, Barbara Samuels, S. Chris Shirley, Kenneth Turna, Don Wallace, Alex Wright, Morowa Yejidé, and Allen Zadoff. Titles beneath the jump.

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$18 Million Settlement of Freelance Suit Against Electronic Databases Granted Final Approval

After 14 years, on June 10, 2014, we have received final approval from the U.S. Distinct Court, Southern District of New York, of our $18 million class-action settlement in In Re Literary Works in Electronic Databases Copyright Litigation.  While there is a 30-day period to appeal any objections made at the final hearing, we still believe that Authors who filed valid claims in accordance with the initial settlement in 2005 will receive payment sometime this year.  There is nothing any of the claimants need to do at this point except deposit your checks when you receive them.

The Authors Guild, the American Society of Journalists and Authors, the National Writers Union, and 21 freelance writers brought the class-action suit in 2000 on behalf of thousands of freelancers whose stories had appeared in online databases—including those run by The New York Times, Dow Jones, and Knight-Ridder—without their consent.  In 2005, a negotiated settlement that pegged award amounts to whether an article had been registered with the U.S. Copyright Office was challenged by 10 authors who had not registered their works. Their challenge eventually made it to the Supreme Court, which decided in favor of the class action litigants in 2010, clearing the way for the revised settlement.

The amounts that will be paid to individual writers depend on a number of factors: the original fee paid for the article, the year it was published, whether the writer registered the copyright and whether he or she agrees to future use of the article in the databases.  Defendants have agreed to pay writers up to $1,500 per work for registered stories. Writers who failed to register their copyrights will receive up to $68.40 per article. The revised settlement sets a minimum award level of $10 million in payments to writers, the same floor that was set in the 2005 settlement.

More information regarding exactly when payment will soon be available at www.copyrightclassaction.com.

Narrow Fair Use Ruling Permits Limited Library Uses, Shoots Down Replacement Copying

We received yesterday’s Second Circuit decision in Authors Guild v. HathiTrust with mixed feelings.  The decision was not a total victory for either side.  While the Court, over our objections, allowed HathiTrust to maintain its database of digitized books in light of the present security protections, the Court was clear that any breach of that security leaves HathiTrust at risk of future litigation.  We also were pleased that the Court refused to issue the blanket approval HathiTrust requested to use the database to replace books in its holdings that had reached the end of their physical life and vacated the District Court decision on that point.  Overall, we also were heartened that the Court, while approving two very limited uses of the database—for word search and display to the disabled—emphasized that the decision did not extend to the display of the text of the books to all HathiTrust users, or even authorize universal display of snippets.

The Authors Guild remains committed to the notion that the digital revolution cannot come at the cost of authors’ rights to preserve writing as a livelihood.  Our pursuit of this claim led directly to HathiTrust’s abandonment of the Orphan Works Project, which would have posed a major threat to authors’ rights by allowing these libraries to fully display their digital copies of in-copyright works with no more basis than the bare claim that they couldn’t find the rights-holders.  The related case against Google will come before the Court next.  We continue to believe that it is fundamentally unfair for Google to make use of the entire text of copyrighted books for its own commercial purposes without any compensation to authors.

Along Publishers Row

by Campbell Geeslin

“Historical fiction may be the literary equivalent of cilantro,” wrote Barbara Kingsolver in the New York Times Book Review this Sunday. “Consumers tend to love or hate it irrationally, and rare is the artist who can rally a conversion. I’m of the former persuasion, keen for the surprise bits of fact that shake out of a well-researched story.”

The occasion was a front page review of Kimberly Elkins’s novel What Is Visible, a fictional exploration of the Pygmalion story of Laura Bridgman. A childhood illness left Bridgman blind, deaf, and with no sense of smell or taste. She was famous 50 years before Helen Keller came along.

The Elkins review ran side by side with one titled Euphoria, by Lily King, a fictional account of an event in the life of Margaret Mead. Reviewer Emily Eakin wrote: “The steam the book emits is as much intellectual as erotic (for Mead these hardly seem to have been a distinction).”

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