New Google Book Settlement Tries To Appease Worries

from the doesn't-really-change-much dept

Late (very late) Friday, Google and groups representing publishers and authors squeaked in just under the deadline and put forth a revised Book Scanning settlement agreement, designed to address at least some of the concerns and complaints raised by people over the last one. If you want a good breakdown over the changes, check out Danny Sullivan's analysis or James Grimmelmann's. Not surprisingly, the Open Book Alliance is not happy, but seeing as it's a bunch of Google competitors, they were never going to be happy in the first place (and you know that press release was probably 95% written before the actual new terms were released).

In my mind, the biggest news is the new restrictions on countries from which it will scan books. From now on, the book scanning project will only scan books that have registered copyrights in the US, UK, Australia or Canada. This was mainly to address ridiculous concerns by some in Europe that this project -- to help make all books more accessible -- was somehow a threat to European culture. I was in Europe on Friday (well, Saturday there) when the announcement was made, and it actually pissed off the folks I talked to about it -- who felt that their politicians were doing serious harm to European books by having them excluded from such a useful resource.

Separately, a lot of the focus on this new agreement, as with the old agreement, is over how Google treats orphan works. Again, I have to admit that I think most people are making a much bigger deal of this than it warrants. The orphan works stuff really covers a very small number of works. And giving rightsholders ten years to claim their rights seems more than adequate to me. I just don't see what the big deal is here. The real issue is that we have orphan works at all. Under the old (more sensible) copyright regime, you actually had to proactively declare your copyright interest. The only reason we have orphan works at all is that we got rid of such a system in the ongoing effort of copyright maximalists to wipe out the public domain.

Anyway, I think this is all something of a sideshow. I still stand by my original feeling towards the settlement, which is that I'm upset anyone felt it was necessary at all. Google had a strong fair use claim that I would have liked to have seen taken all the way through the courts. And, of course, this settlement really has nothing at all to do with the main issue of the lawsuit (that fair use question) and is really a debate over a separate issue: how to take the books Google scans and trying to turn them into a "book store" rather than more of a "library." And, in doing so, the important fair use question gets completely buried -- which I find unfortunate.

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Paulo Coelho: Content Creators Will Be Punished For Not Sharing Their Ideas Freely

from the welcome-to-the-new-world dept

We've written a few times about best-selling author Paulo Coelho, and his embrace of file sharing and openness -- and how it helped him sell a lot more books. Reader Esahc writes in to alert us to the text from a speech Coelho gave. The actual speech appears to be from last year, so a bit out of date, but it's still well worth reading:

He talks about the success of his own projects, from "pirating" his own books, to having the community make their own movie out of one of his books. At the same time he discusses the rise of technology and the folly of pretending you can fight the technology. It's really a great overall statement on embracing new technologies for anyone who thinks they need to rely on copyright. On top of that, it again confirms the basic premise that we've stated here time and time again: for those who work to connect with their fans directly, there are plenty of ways to do well, even without specifically relying on copyright to do so.

We are facing a new era, so either we adapt or we die. However, I did not come here to share solutions, but my own experience as an author. Of course, I make a living out of my copyrights, but at this very moment I am not concentrating on this. I have to adapt myself. Not only by connecting more directly with my readers -- something unthinkable a few years ago -- but also by developing a new language, Internet-based, that will be the language of the future: direct, simple, without being superficial. Time will tell me how to recover the money I myself am investing alone in my social communities. But I am investing in something for which every single writer in the world would be grateful: to have his texts read by a maximum of people.

The Internet has taught me this: don't be afraid of sharing your ideas. Don't be afraid of engaging others to voice their ideas. And more importantly, don't presume who is and who is not a creator -- because we all are.

And the key point he makes? In the past, heretics were punished for sharing their ideas. These days, you'll be punished if you don't share your ideas.

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Author Admits To Downloading Own Works: Easier Than Scanning

from the focusing-on-true-customers dept

Reader Jon R. sent in a great story about author Michael Stackpole, where he talks about embracing new technologies and tools to better reach your audience, while also ignoring things like "piracy." On the "piracy issue," he notes:

"People downloading my stories from the big torrent sites were never going to buy them anyway. It's no money out of my pocket."

Following that, he pointed out that he has sometimes downloaded his own books from torrent sites because it was easier than scanning the work himself, if he didn't already have a digital copy of it. Stackpole is taking exactly the right attitude on all of this. First, he's embracing new technologies and new distribution channels, rather than ignoring them (or worse) complaining about them. Second, he recognizes that he needs to focus on his real customers (those actually willing to spend money on things) and that he needs to provide them with real value that they'll actually pay for. Finally, he recognizes that there's little benefit in caring about those who get the works by unauthorized means, since there's a pretty strong chance that they were never going to pay for anything anyway. What does complaining about them or trying to stop them really do -- other than distract from providing good value for your true fans?

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Best-Selling Swedish Author Torrents Her Own Audio Book To Protest Pirate Bay Ruling

from the legitimate-uses dept

We've already seen that plenty of content creators use The Pirate Bay for legitimate distribution and promotion purposes, and now Dan writes in to alert us that a best-selling author in Sweden, Unni Drougge, is so annoyed by The Pirate Bay verdict, that she made an audiobook version of her best-selling recent novel and put up a torrent via The Pirate Bay, along with a "manifesto" in support of free file sharing. Apparently, this is getting her plenty of attention, as her book has jumped to the top of the audiobooks list (what were people saying, that the top downloaded lists never include authorized content?).

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Another Author Has A Book Leak, And Offers Up The 'Oopsie' Version For Sale

from the another-good-response dept

We recently wrote about how the band, The Dears, responded to its album being leaked online, and compared that with author Stephenie Meyer who decided to punish her fans by stopping work on her series of novels, after a draft was leaked. However, an even better example comes to us from Geoffrey Kidd, who points us to the news that author David Weber accidentally leaked his own latest novel. He had been sending out "snippets" of the work to keep fans interested, but at the beginning of the month accidentally sent out quite a large snippet: the entire work-in-progress quarter-million-word novel. But, rather than complaining and punishing fans, Weber and Baen Books (his publisher, who has long supported offering up content for free as a part of a larger business model) are now selling the "Oopsie" version of the book, while making it clear that this is unedited and probably not the version you want:

For those who want it--and we stress this is an early, un-edited, incomplete version--we will sell the "oopsie" now for $10. We are not asking you to buy this version, we do not recommend you buy this version, but if you gotta have it, come and get it.

What better way to respond to such a leak. They've basically made a joke out of it, in a way that's endearing to fans, and which might actually net them some additional money from fans who actually want to contribute to the cause.

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It's Not Internet Pessimists vs. Internet Optimists; It's Simply Reality

from the the-market-is-changing dept

Adam Thierer has tried to categorize a bunch of different book authors and internet "thinkers" into one of two camps: internet optimists and internet pessimists. I'm somewhat surprised to be included among the optimists for a few reasons -- not the least of which is that I'm surprised to see my name included with a lot of folks who are a lot more prestigious. I don't belong in such a group.

That said, I'm a bit torn about the overall chart. I am optimistic about what new technologies and innovation allow, but I hardly think of myself as an idealist -- and tend to agree with Adam that things like wikis don't solve everything, and that we haven't reached a post-capitalist world where traditional means of production are passe. However, perhaps I'm misreading some of the other "optimists" on the list, but I don't think anyone really believes that either. As I've pointed out in the past, none of what we talk about here is about any fundamental change or shift in economics. It's the same old economics that has applied for ages. It's just trying to explain how changes in technology impact those economics.

So, I agree that it's silly to think that peer production completely replaces professional production means, but that's another extreme scenario that I don't think very many are actually pitching. Instead, the point that they're making is that peer production models will also enter the market, meaning that traditional business models will face some competition. It doesn't mean that one wins out entirely over the other, just that it may force some models of production to adjust to the reality of the market. I don't necessarily think that's an optimistic viewpoint -- it's just a realistic explanation of what's happening. While some pessimists may not like it, they're basically just whining for a different world that doesn't exist any more, and don't like the fact that they can't continue to live in that world.

I also disagree that the "optimists" don't believe in property rights, as Thierer implies. I'm a huge believer in property rights. My point is simply that "property" needs to be applied properly -- meaning not to infinite goods, where it doesn't make much sense. So while I can see where Adam is going with this chart, I'm not sure the characterizations really fit.

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Another Author Shows JK Rowling How To Embrace Fans

from the don't-sue-them,-for-starters dept

We covered the ridiculous lawsuit that JK Rowling had filed against a fan who created a reference book, The Harry Potter Lexicon to supplement her massively popular novels. At the actual trial, it appeared that Rowling didn't have much of a legal argument against the publication, so she went for an emotional argument that can be summed up as: she just didn't like it.

Contrast that to situation around author Stephenie Meyer and her Twilight Vampire books (as pointed out by Against Monopoly). Meyer actively embraced the fan community as much as impossible -- including encouraging fans to create a comparable Twilight Lexicon reference guide, Meyer not only was thrilled, she helped fill in some characters' back stories. And, it's worked. The community has responded to her and become huge evangelists for the series and everything associated with it. These days, if your fans want to help advertise your works for you, it seems pretty backwards to then sue them for it. Nice to see that other successful authors aren't following Rowling's awful lead.

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Despite Inflammatory Headline, UK Authors Society Looking To Embrace Free, Not Fight The Internet

from the history-says-otherwise dept

There's a really inflammatory headline and opening paragraph in an article in the Times Online in the UK stating that "book piracy on the internet will ultimately drive authors to stop writing." This claim is actually unsubstantiated by history (which has actually shown book piracy ends up helping authors) or, actually, by the rest of the article. Rather than a reactionary RIAA-style response from the UK's Society of Authors, the article shows that the group isn't so much fearing internet piracy, but simply noting that business models need to change. Once you get beyond the headline and first paragraph, it's actually a rather refreshing article, as the head of the Society of Authors basically says that new business models are needed, and even suggests a few.

This isn't a "doom and gloom" story as the opening suggests, but rather a "let's figure out how to change before it's forced upon us uncomfortably." While many are covering this story as if the authors group is acting like the RIAA, the head of the Society even notes: "We have to evolve and create a very different pay system, possibly by making the content available free to all and finding a way to get paid separately." That seems like a rather reasonable and thoughtful approach to a changing marketplace, rather than a "sky is falling! run! run! run! sue! sue! sue!" response. The group seems to recognize that shared files can act as promotion, and the article even highlights the story of the first known literary "pirates" who were later applauded by the author, who was thrilled at the publicity the piracy generated.

This actually is a really interesting (and even surprising) recognition by authors that the business model they're used to is changing. It's just too bad that the Times Online chose to portray it in a totally inaccurate manner.

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Best Selling Author Actively Pirating His Own Book -- Finds It Helps Sales Tremendously

from the the-benefits-of-free dept

We've been seeing more and more examples lately of content creators recognizing how they benefit from giving away their content for free. What's most amusing, however, is that every time we point out an example, people work extra hard explaining why that case is a special case. When we discussed less-well-known musicians giving away music, we were told that it would never work for megastars. When we discussed megastars giving away music, we were told it would never work for indie musicians. The same is true in other areas as well. When we recently wrote about an author giving his book away for free, someone angrily emailed to let us know that this only made sense because no one had ever heard of that author -- so it was purely a promotional effort by a new author.

Yet, apparently, it also works for well-known authors. TorrentFreak points us to the news that Paulo Coelho is such a fan of giving his book away for free that he's even set up his own blog called Pirate Coehlo where he points to where you can download various translations of his best selling book The Alchemist. Coelho explained all of this in a recent talk he gave:

Link: sevenload.com What Coelho quickly discovered was that the more his book was available for free, the more sales of the actual book increased. As an example, he cites the Russian translation of his book, where it went from only 1,000 sales to well over 100,000 in a period of two years, and has only continued to grow since then. It's yet another good example of someone embracing how giving away content for free can help them earn more money. And, it highlights (again) that, whether you're well known or a nobody, you can use these tactics to your advantage.

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Then Again, Perhaps Technology Is Good For Modern Stories

from the not-such-a-bad-thing dept

A few weeks ago, we pointed to an article claiming that modern technology was making it harder to write interesting "thriller" or "mystery" movie plots, since it was (according to the author) tougher to come up with plausible storylines that wouldn't be ruined by a character holding a mobile phone. That seemed like a bit of a stretch, but now we have the flipside to that, which is that authors of mystery stories claim that the web has been tremendously useful in helping them come up with important details to make their plots and stories more realistic. They track crime reports, learn new jargon, look up maps of locations, understand weapons and generally get the extra info they need to make the story feel more realistic. So, perhaps story writing hasn't been killed off by technology after all.

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