New Zealand Author Claims Libraries Are Involved In Grand Theft By Loaning Books

from the this-has-to-be-parody,-right? dept

Via Family Holloway, I came across a short opinion piece by Brian Edwards bitching about how libraries are facilitating book theft. At first, I honestly thought it was a joke or a parody, to make fun of those who complain about online "piracy," but I actually think he's serious. I'd never heard of Edwards, but apparently he's a big media personality and author in New Zealand. And, boy, does he hate the fact that libraries don't pay him every time someone checks out a book:
What pisses me off as an author is that for every person who buys your book, dozens of other bludgers get to read it for nothing. Let me give you an example. A few years back I wrote a biography of Helen Clark. It took about six months to write and during that time I had effectively no other income. The book retailed at $45. On the standard author's royalty of 10%, I got $4.50 for every copy sold. Helen, Portrait of a Prime Minister sold 9,000 copies, a reasonable if not spectacular figure in the New Zealand market. So I got $40,500 before tax for my six month's work.

I'm not complaining about that either. But...

Every public library in New Zealand bought at least one copy of Helen. And they lent each of those copies to other people to read for... nothing. Last year there were still 227.4 copies of the book in New Zealand public libraries. If each of those copies was taken out by one person a month, that's 2,729 people who read but didn't pay for my book -- my six month's work. At $4.50 per unsold copy, that's a theoretical loss of income to me in one year of $12,280.
While he later admits that not all of those people (and he made up the numbers anyway...) would have bought the book, but them immediately follows that statement up with this doozy:
But there's a principle here: when one person buys a book and lends it to another person to read, they effectively become an accessory to theft. Their generous act amounts to little more than stealing the author's work. When a public library buys a book and lends it to thousands of other people to read, it's grand theft copyright and really no different from illegally downloading music or movies or copying CDs or DVDs on your computer.
For someone who positions himself as an expert, he seems to have almost no understanding of the purpose of copyright law or of the public library systems. In the end, he says that libraries should pay him 1/4 of the usual book sale royalty per loan of his book. So, in his case, $1.13 every time the book is loaned out. Apparently, he doesn't quite realize that he's basically asking the public libraries, funded by public tax dollars, to subsidize him. The original Holloway link above does a nice job schooling Edwards, and then discusses things in more detail with Edwards in the comments -- though Edwards seems unwilling to budge on his claims of libraries being theives, or to understand basic common sense. Someone points out to him that if he bought a chainsaw, it would be ridiculous to stop him from lending it to someone, and his response is: "There is no intellectual property in a chainsaw."

Edwards also seems fully enamored with the myth that copyright law is based on some sort of "labor theory" -- that the more time you put in, somehow the more money you deserve to get out. While I'm unfamiliar with New Zealand copyright law, in the US, such theories have been widely discredited in the courts repeatedly. And, of course, they make no sense when viewed alongside the actual purpose of copyright law. Edwards seems to believe that copyright is welfare for creators, rather than an incentive to create.

In the meantime, perhaps the public libraries of New Zealand can do Mr. Edwards a favor next time he publishes a book: don't buy it. Ditto for anyone who might think of lending it... er... I mean, being an accessory to a crime in distributing copyrighted materials.

Filed Under: brian edwards, copyright, libraries, new zealand


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  1. identicon
    mertz, 25 Sep 2009 @ 3:22pm

    is he serious?

    how can this guy say something like this statement (will just copy and link below because i don't want to put words in his mouth)and what the hell information is he basing it on. so he's talking about cost right because he's not really talking about ownership, but ownership for cost. so if i sell a paiting for x amount of dollars that should be able to sustain me? i mean he's a writer...yet he can't even say anything relevant about artists. ugh. he's responding to another commenter.

    http://brianedwardsmedia.co.nz/2009/09/why-public-libraries-are-just-a-form-of-theft/

    >'BE
    September 24th, 2009 at 13:33

    "Do Rita Angus or Dick Frizell complain that their work is up on display at Te Papa? I don’t even have to pay them a cent to enjoy what they’ve made, but I guess Te Papa spends quite a bit to acquire them on my behalf.

    Most of this seems reasonable, Timothy. Two points, however.

    When an artist sells a painting, it seems to me that he/she transfers ownership of that painting entirely to the purchaser, who may do with the painting what they think fit - show it to lots of other people, exhibit it, lend it to others to exhibit, re-sell it, hide it in the basement, destroy it. The price of the painting reflects this. This one sale will or hopefully should reimburse the painter for his work. The author requires volume sales to survive.

    As to whether reading a library book encourges the reader to buy copies of the author’s other work, I think it’s much more likely that that library-user will look for the author’s other books in the library. I went through a Thomas Keneally phase some years ago and read virtually everything he’d written. Got them all delivered by the Auckland Central Library to the Leys Institute in Ponsonby. Wonderful. Cost me a dollar though. Shocking!"'

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