Arguing that the Google Library Project violates authors’ rights to control the copying and distribution of their books, destroys a potential market for the works, and puts the material at greater risk of theft, the Authors Guild urges Judge Denny Chin to rule against Google in a court brief filed ahead of next Monday’s hearing on summary judgment.
While Google maintains that its mass unauthorized copying of books is “transformative,” and therefore protected as fair use, the Guild argues that merely digitizing a work doesn’t meet the legal standard of transformative.
The brief also says that a program as all-encompassing as the Library Project “eviscerates” any possibility that license holders could form a collective market for the works.
On the issue of security, the brief outlines the risks of Google making digitized books available without any accountability for keeping it safe. What’s worse, if such programs are considered fair use, “others will engage in their own unauthorized book digitization programs, putting more books within the reach of digital thieves,” the brief says.
The Guild rejects a number of Google’s justifications for the project, including the contention that it’s actually helping authors by increasing exposure to their books (the “we were only trying to help” defense) and that the program is “only indirectly commercial.” In fact, according to the brief, “the primary motivation for Google’s exploitation of the authors’ books is for Google to gain a competitive advantage in the online search marketplace” by increasing traffic and therefore ad revenue.
Recognizing that the “fair use doctrine is not designed to address the enormity of Google’s infringement,” the Guild argues that it’s up to Congress, not the courts, to revise copyright law to deal with technological advances. Earlier this year, the House Judiciary Committee said it would begin a review of U.S. copyright law. In the meantime, the brief says, “Google’s unilateral and profit-driven effort to upset the balance between copyright owners and users must be rejected.”
In the U.K., two new separate efforts aim to defend copyright, one by enforcing the law, another by highlighting the immorality of piracy.
The London police department is launching a 19-person intellectual property crime unit, The Bookseller reports. Publishers Association chief executive Richard Mollet applauded the new unit as “a hugely significant development in the fight against online intellectual property crime which undermines the creative industries on a daily basis.”
Meanwhile, acclaimed author Philip Pullman today ignited public debate on unauthorized book downloading with his scathing piece in Index on Censorship magazine.
“The technical brilliance is so dazzling that people can’t see the moral squalor of what they’re doing. It is outrageous that anyone can steal an artist’s work and get away with it,” writes Pullman, who is president of the Society of Authors. “It is theft, as surely as reaching into someone’s pocket and taking their wallet is theft.”
While most authors would rather focus on their craft, The Writer’s Legal Guide helps them navigate the unavoidable entrepreneurial concerns of their profession, including protecting their work from theft, avoiding legal risks and, of course, making as much money as possible.
A newly updated version of the Guide goes in-depth on the latest developments in digital royalties, copyright law, self-publishing and other topics. The Guide, co-published by the Authors Guild and Allworth Press, had its last update in 2002. Since then, “The literary marketplace has fundamentally changed,” its authors Kay Murray and Tad Crawford write.
They point out that traditional publishers and bricks-and-mortar booksellers are struggling to adapt to a market where “readers expect instant, inexpensive access to literature” and content aggregators like Amazon, Google, Apple, Facebook and The Huffington Post reign.
On a brighter note, they say, “the advent of digital delivery systems offers writers new ways to reach a paying audience.”
The updated Guide helps readers sidestep the dangers and take advantage of the opportunities posed by changes in the market. It also addresses business issues authors have confronted for decades.
In the Guide, authors can find out:
- How to avoid defamation, privacy and infringement liability
- How to understand copyright and fair use
- How to use Freedom of Information laws to access troves of data compiled by the government
- When to consult an attorney.
- What to expect from a literary agent.
- How to understand and negotiate book, magazine and blog contribution contracts
- How to establish collaboration agreements that prevent misunderstandings later in the process.
- Which print and online sources provide crucial industry information.
- How to tackle the practical steps of self-publishing, from hiring a cover designer to obtaining an ISBN.
- How to minimize their tax bill, but still be in good shape if they get audited.
- Why they should join a professional organization.
A federal shield law protecting journalists from overzealous government intrusion is one big step closer to becoming a reality today, after the Senate Judiciary Committee voted to approve the Free Flow of Information Act and send it on to the full Senate.
As defined in the act, the law would cover a wide range of information gatherers including nonfiction authors, bloggers, students and freelancers, regardless of whether they’re being paid for the work. In addition, a federal judge could rule that someone who doesn’t fit into any of the categories laid out in the law is covered. The committee broadened the definition of “covered persons” with an amendment approved today ahead of the vote on the full act.
That more inclusive definition makes this a double victory for free press advocates, who feared that the law as previously written would leave unprotected many journalists who work in non-traditional media.
The bipartisan legislation seeks to strike a balance between the First Amendment rights of journalists to not to reveal their sources and other private information and the need to protect the public from the dangers created by leaks of classified information.
While attempts at passing a federal shield law have failed in the past, most recently in 2009 with legislation similar to the act approved in committee today, momentum for putting the protection into place has been building since revelations earlier this year that the Justice Department secretly obtained the emails of a Fox News reporter and the phone records of Associated Press reporters.
Outrage over the revelations led Attorney General Eric Holder to issue new guidelines for obtaining journalists’ records while investigating leaks. But without the force of law, those guidelines could be changed at the whims of the current or future administrations. Legislators and First Amendment advocacy groups, including the Authors Guild, have been pushing for legislation that would expand on those guidelines and make them law.
Free press advocates are stepping up efforts to raise support for the Free Flow of Information Act, as the Senate Judiciary Committee prepares to consider the federal shield law legislation on Thursday.
“Journalists work hard every day to give life to the promise of the First Amendment. The ability to protect confidential sources is the oxygen that investigative reporting needs to survive,” a media coalition supporting the act writes in a letter sent to Judiciary Committee members Monday afternoon. The letter is signed by the Authors Guild, along with news companies, media trade groups and other First Amendment supporters.
Coalition leaders are also asking advocacy organizations to encourage their members to call senators who serve on the committee and urge passage of the legislation.
Interest in a federal shield law was reignited earlier this year after revelations that the Justice Department secretly obtained the emails of a Fox News reporter and the phone records of Associated Press reporters. Outrage over the revelations led Attorney General Eric Holder to issue new guidelines for obtaining journalists’ records while investigating leaks. The current legislation, based on a 2009 bill that made it through committee but failed to become law, would expand on and codify those new DOJ guidelines.
The Judiciary Committee began considering the bi-partisan legislation on Aug. 1, but postponed a vote until after the August recess. In its letter, the coalition urges the committee to support the bill and oppose any amendments that would weaken it.
Harper Lee has reached settlement agreements with all parties, including her former agent, Samuel Pinkus, named in a lawsuit over royalties for To Kill A Mockingbird, her attorney, Gloria Phares, confirmed Monday morning.
Phares declined to comment on terms of the settlement, but said dismissal papers in the complaint against Pinkus will be filed soon. On Thursday, papers were filed dismissing the complaints against Leigh Ann Winnick, Pinkus’s wife, and journalist Gerald Posner.
In the lawsuit, Lee sought to recover royalties dating back to 2007, when Pinkus allegedly tricked her into signing over copyright to her classic novel as she was in an assisted living facility recovering from a stroke. The 87-year-old author regained rights to the novel in 2012, but Pinkus has continued to collect royalties, according to the suit.
In media reports, Vincent Carissimi, a lawyer for Pinkus, also declined to comment on terms of the agreement, saying, “The parties reached a mutually satisfactory resolution and everybody would like at this point to put it behind them.”
Order Confirms Publishers Can Renegotiate Apple Terms on Staggered Schedule; For Macmillan, a Four-Year Wait
As expected, the court has ordered Apple to modify its contracts with the five publisher defendants in the price-fixing case to exclude any restrictions on ebook discounting for at least another two years. After the two-year period, publishers can renegotiate their deals, including adopting agency terms, on a staggered schedule, one every six months.
The schedule corresponds to the order in which the publishers settled with the Justice Department in the case. Hachette will be the first at 24 months “after the Effective Date of the Final Judgment,” according to the order for injunctive relief signed by Judge Denise Cote. HarperCollins comes next, at 30 months. Simon & Schuster comes third, at 36 months. The final two publishers to settle come last, with Penguin at 42 months and Macmillan at 48 months.
That means Macmillan, the first publisher to openly defy Amazon by deciding to sell books on agency terms, will be locked out of using the model for the next four years.
Cote’s written order, set to go into effect on Oct. 5, confirms her comments at a recent court hearing, when she indicated that she would impose an injunction on Apple that was significantly softer than what the DOJ had originally requested. Apple nevertheless said on Friday that it will appeal the injunction .
Under Cote’s order, Apple will be overseen by an external monitor for two years (the DOJ first proposed 10 years), with a one-year extension if the court decides it’s necessary. Terms for selling content other than books won’t be affected. And Apple won’t, as the DOJ proposed, be forced to let other ebook retailers directly link to their own bookstores for in-app purchases without paying a commission.
The injunction may close one chapter in this long, tumultuous period for the publishing industry. But Apple still faces a trial on money damages next spring. And it is appealing not only the injunction, but the judge’s original guilty verdict. So we are far from seeing the end of this.
Do readers really want a print and a digital version of the same book? Enough to pay a bit more or change their buying habits?
Publishers have been kicking around those questions for years, sometimes dabbling with “bundling” different formats of a title.
With Amazon and UK-based Angry Robot Books both poised to start bundling programs, the idea will for the first time be tested on a larger scale.
As has been widely reported, Amazon’s Kindle MatchBook program will allow buyers of print books (both in the future and dating back to the company’s founding in 1995) to get the electronic version for $2.99, $1.99, or $0.99. Amazon said earlier this week that it is just now starting to talk with publishers about participating, so it’s unclear how many titles will be available for purchase through MatchBook when it begins in October.
Meanwhile, sci-fi publisher Angry Robot is expanding its Clonefiles program–in which consumers who buy a paperback copy from a participating independent bookstore get the ebook version free. The company says the success of the program in the UK encouraged it to launch US Clonefiles. Angry Robot promises to disclose details soon.
For authors, additional ebook royalties from these programs range from nothing to not much. The question is whether such bundling experiments will ultimately lead to happier readers, and what that will mean for book sales.
Calling on his peers to step up for independent booksellers–”God knows they’ve helped us over the years,” he says–Sherman Alexie has sparked a grassroots movement of authors who will spend Small Business Saturday, Nov. 30, working at a local bookstore.
Dubbed “Indies First,” the program began with a letter Alexie sent to a group of authors over the Labor Day weekend.
“Hello, hello, you gorgeous book nerds,
Now is the time to be a superhero for independent bookstores. I want all of us (you and you and especially you) to spend an amazing day hand-selling books at your local independent bookstore on Small Business Saturday (that’s the Saturday after Thanksgiving, November 30 this year, so you know it’s a huge weekend for everyone who, you know, wants to make a living).
Here’s the plan: We book nerds will become booksellers. We will make recommendations. We will practice nepotism and urge readers to buy multiple copies of our friends’ books. Maybe you’ll sign and sell books of your own in the process. I think the collective results could be mind-boggling (maybe even world-changing).
In the letter, Alexie (a member of the Authors Guild Council, though his invitation extends to all authors) mentions his recent experience as bookseller-for-a-day at Seattle’s Queen Anne Book Company and says:
“What could be better than spending a day hanging out in your favorite hometown indie, hand- selling books you love to people who will love them too and signing a stack of your own?”
Authors who have already signed on for Indies First include Laurie King, Paul Fleischman, Cynthia Lord, Rick Bass, David James Duncan, David Abrams, Shannon Hale and Josh Hanagarne, according to the ABA.
Small Business Saturday has become a key annual event for independent booksellers, a chance to boost both sales and consumer awareness. The ABA’s “Thanks for Shopping Indie” promotion will also launch on Nov. 30.
In actions ranging from the individual (Wiley Cash’s incentive for pre-ordering his new novel from an independent) to the large scale (the Booktalk Nation interview series) authors are finding ways to give back to independent booksellers and educate readers about the importance of shopping at indies. Indie First provides an opportunity for many more authors to do the same.
Wiley Cash’s second book, This Dark Road to Mercy, won’t be published until January. But it already has readers thinking more about their local booksellers, thanks to an incentive he is offering for pre-ordering the novel from an independent.
“What is really cool is that readers have gone on Twitter and Facebook and asked, ‘Can you direct me to an independent bookstore in my area so I can take advantage of this offer?’” Cash said Wednesday.
In a blog post on his website last week, Cash wrote about what indies have meant to him throughout his life as a reader and an author. He also noted how they embraced his 2012 debut novel.
“I was honored that A Land More Kind Than Home was a summer 2012 IndieNext Pick and an Okra Pick of the Southern Independent Booksellers Alliance. I was even more honored that the novel was a 2013 SIBA Book Award Winner for best fiction and a finalist for a 2013 Indies Choice Award from the American Booksellers Association.”
His offer to readers: Email him a scanned receipt showing they’ve bought This Dark Road to Mercy from an independent between now and the novel’s Jan. 28 pub date and he’ll email them “an exclusive excerpt of the novel as well as an unpublished scene from A Land More Kind Than Home.”
During a phone conversation Wednesday, Cash pointed out that the importance of supporting local booksellers may not always be obvious to readers.
“Sometimes they don’t know the difference. They know the difference between shopping at an independent hardware store where you can buy a single nail and shopping at Home Depot, but they might not know the difference between shopping at Malaprop’s in Asheville and shopping at Barnes & Noble.”
That is, until someone like Cash reminds them.