Category Archives: business of writing

Copyright Infringement Issues: Internet Archive Still at It

500px-Copyright.svgVictoria Strauss at Writer Beware follows up with her account of how she got Internet Archive to take down her copyrighted books. In her case, as in mine, it took a stern comment on their web site to get action, since the standard notices received no response. Her post includes a discussion of how the Archive’s actions in scanning books without permission and in some cases reformatting them differs from the actions of a regular library, which buys its books. She raises the issue of why copyright is worth protecting—and is not just a matter of greed on the part of authors.

I received a series of comments on this issue that introduced me to the Marrakesh Treaty, which allows authorized sites to provide books for print-disabled readers without author permission. You may find this news enlightening, as I did.

Check out the latest in this ongoing situation. Victoria Strauss’s original post provides information on how to see if your books are affected and how to take action.

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Follow-Up: Copyright Issues at Internet Archive—The Marrakesh Treaty

Stack of many booksIf you have read my posts about my experience eliciting a response from the Internet Archive, which scans and posts books on their free website without notifying authors or asking permission, you may have also read the comments on the latest post.

There, you’ll learn what I learned from Kevin, a reader from newauthoronline.com.

He  introduced me to the Marrakesh Treaty, implemented in 2016. This treaty, which the U.S. has joined, allows authorized non-profit sites to post—without permission—works for “blind and print-disabled” persons.

Here is an overview article Kevin linked to, which contains a link to the Marrakesh Treaty itself as well as a useful discussion of access issues for the print-disabled. From the article:

Marrakesh Treaty: A roadmap for equality

On July 18, 2016, American musician Stevie Wonder welcomed the entry into force of the Marrakesh Treaty with powerful words. “A treaty that promises to end the global book famine… A pact,” he said, “that means that the millions of people in the world who are blind or visually impaired will be able to read books in accessible formats in various regions where they did not previously have access, regardless of their financial means.”

To address this challenge, the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, was adopted in 2013 under the auspices of the World Intellectual Property Organization (WIPO), and entered into force in 2016. The treaty was conceived to foster and ease the production and transfer of accessible books, including across national boundaries. To achieve these goals, it established a set of limitations and exceptions to copyright, mandatory for ratifying countries, for the benefit of the blind, visually impaired and otherwise print disabled. So far, 91 countries have signed the treaty and 33 of them have ratified it.

Here is relevant text from the treaty;

[Article 4.]2. A Contracting Party may fulfill Article 4(1) for all rights identified therein by providing a limitation or exception in its national copyright law such that:

(a) Authorized entities shall be permitted, without the authorization of the copyright rightholder, to make an accessible format copy of a work, obtain from another authorized entity an accessible format copy, and supply those copies to beneficiary persons by any means, including by non-commercial lending or by electronic communication by wire or wireless means, and undertake any intermediate steps to achieve those objectives, when all of the following conditions are met:

(i)  the authorized entity wishing to undertake said activity has lawful access to that work or a copy of that work;

(ii) the work is converted to an accessible format copy, which may include any means needed to navigate information in the accessible format, but does not introduce changes other than those needed to make the work accessible to the beneficiary person;

(iii) such accessible format copies are supplied exclusively to be used by beneficiary persons;  and

(iv) the activity is undertaken on a non-profit basis;

An operative term here is “lawful access.” I have written WIPO to ask for a definition.

Remaining questions:

  • Is the Internet Archive an Authorized Entity?
  • How does it ensure that people using free services under this treaty are eligible beneficiaries?

Kevin’s comments also include some enlightening information about accessibility software and process for blind and print-disabled people.

I have not found this information about the Marrakesh Treaty widely shared in the writing-blog community, probably because the treaty was just implemented in 2016. I hope this will prove a useful post for my writing colleagues. The information certainly was news to me.

 

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A Response about Copyright Violation from Internet Archive!

Hello, readers,

I need your help.

On January 11, 2018, I shared a post from Victoria Strauss of Writer Beware about possible copyright infringement by the Internet Archive, which scans books and posts them for free in a “lending library” without notifying authors or receiving permission.

On the Internet Archive site, I found a pdf of the 1989 mass-market paperback of my novel, King of the Roses (originally published by St. Martin’s in 1983). I sent two email notices requesting that the book be taken down, using the free form included in Victoria’s original post.

I have received a response. The response raises several questions for me and I would appreciate feedback from readers. In particular,

1) Have I understood the response correctly?

2) What is the correct and ethical response to the fact that the Internet Archive plans to retain a copy of my book for “blind and print-disabled” readers?

Here’s what I did in order to get a response:

After sending the two notices and receiving no response, I followed a link in Victoria Strauss’s post to the Internet Archive site. There, on the blog page for the site, I discovered a comment box.

Into that box I posted; “I have sent two takedown notices about my book, which is still under my copyright and is available as a self-published Kindle edition, but you have not responded. Please post a link to the “Notice and Takedown” process you reference above on your home page. My next step will be to seek legal advice and, if necessary, take you to court.”

Within 36 hours, I received the following email, which I paste here in full:

Dear Ms. Anderson,

Thank you for your emails.

To help clarify things regarding the item you have identified (https://archive.org/details/kingofroses00virg) – blind and print-disabled patrons (verified by formal institutions including the Library of Congress) may access special electronic versions of the book that can be used with accessible software. They agree not to make copies or distribute materials. Our program to enable blind and print-disabled access has been in operation since 2010 (our original press release w/links to stories in the media can be seen here).

There is no other access available to this item (lending access for general users has been disabled). Please feel free to check the links under “Download Options”. They are all inoperable or include only to metadata (i.e., catalog information about the text, not the text itself).

And of course, the Internet Archive offers these texts on a wholly non-commercial basis. Our project, organization, and mission are entirely charitable and oriented towards broad social benefit.

Again, thank you for getting in touch with us. Hoping this information is helpful.

The Internet Archive Team

 

Here’s what I think it says:

1) My book is no longer available for free in their lending library.

2) They do post the metadata for my book.

3) A free version of my book is still available to disabled readers who have some kind of “accessible software” and who are somehow bound not to share the book with others.

Remaining concerns/questions:

1) How readers qualify for free access to this book is not well explained.

2) The copy of the book on their site is a pdf of the original 1989 paperback, and is of very poor quality. Is there “accessible software” that can actually read this text?

3) Doesn’t the decision of the Internet Archive to retain this version of my book still constitute copyright infringement, since access is being supplied to these readers without my permission?

Obviously, the appeal is to my sense of pathos. How could I possibly deny disabled readers access to my incredibly wonderful book?

On the one hand, of course I’m vulnerable to such an appeal. On the other, while I do not have an audio version of my book, is there no software that readers with disabilities can use to access a paperback or Kindle version purchased through regular channels? How can authors be sure that the readers who still have access to their books for free through the Internet Archive really need the charitable services of the Internet Archive?

I suspect that my book will not be high on the list of frequently downloaded books, whether by readers with disabilities or others. Some authors, though, may find that their books are likely to be frequently accessed.

The bottom line, in my view, is that the decision to post a book for free, whether for abled readers or readers with disabilities, should be made in conjunction with, and with the permission of, the author/copyright holder. Anything else is still a copyright violation.

What do you think?

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Filed under business of writing, Copyright, King of the Roses, novels, Publishing, Writing

ALERT: Copyright Infringement by “Internet Archive.”

Do you have hard-copy books out, in or out of print? See this notice from Victoria Strauss of Writer Beware.

The Science Fiction and Fantasy Writers of America has issued an alert on copyright infringement by the Internet Archive. Other professional writers’ groups taking notice include the UK’s Society of Authors, which has posted an alert on its website, and the USA’s Authors Guild and National Writers Union, which have alerted their members.

Strauss posts the full notice from SFWA. What’s more, SFWA will generate a “takedown notice” for you that you can immediately email if your book is included on the offending site.

You can search the site easily to see if any of your titles are involved. I found that searching for a character’s name within the book text generated the best response.

Illegal copy of King of the Roses on Internet Archive

Possibly you may not be concerned at having a pirated version of your book offered for free, but you may want to be informed that it exists.

I found the Bantam paperback edition of King of the Roses on the site. I’ve decided to send the takedown notice. Strauss says that two notices she sent have thus far not received responses.

Please pass this information on to anyone you think will benefit from it.

 

 

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Filed under business of writing, Copyright, King of the Roses, V. S. Anderson, Virginia S. Anderson, Writing

Ethics & the Literary Agent: What Rights Do Authors Have?

A must-read! Chris the Story Reading Ape posts guest interviews with agents that shed strong light on what an agent’s life is like and how authors can be better partners.

Chris The Story Reading Ape's Blog

by Sangeeta Mehta  on Jane Friedman Site:

Today’s guest post is a literary agent Q&A by Sangeeta Mehta, a former acquiring editor of children’s books at Little, Brown and Simon & Schuster, who runs her own editorial services company.


By definition, literary agents are writers’ representatives. They work for writers, negotiating offers from publishers until their client deems them acceptable. But in today’s complex agent-author relationship, many writers feel that they aren’t in the position to negotiate with their agent, partly because they don’t understand the publishing landscape as well as their agent does, but also because they are wary of coming across as difficult or demanding.

Although it’s becoming more common for writers to change agents several times during the course of their careers, most would prefer to stay with one agent. But are writers really in the position to speak up if they feel that an agent isn’t honoring their obligations…

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Important Advice on Agent Contracts from Victoria Strauss

Beware of literary agents who deal in "handshakes'Lucky enough to attract interest from an agent? Victoria Strauss, on her blog Writer Beware, keeps an eye on our business for us. Check out this short, important read on how NOT to set up your relationship with that friendly agent!

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Small Publishers – A Checklist #wwwblogs #amwriting

What would you add to this thoughtful post from Alison Williams Writing? Have your experiences with small publishers been good or bad? Are indie writers better off self-publishing? What do you think?

Alison Williams Writing

checklist

I recently wrote a bit of a rant about the quality control of some small presses whose books I had read. You can read it here.

If you are thinking of signing with a small publisher, then do bear a few things in mind.

  • Do your homework – start off by Googling the publisher. You might find threads on writing sites that go into a great deal of detail about your chosen publisher. Read them – they can be incredibly enlightening.
  • Ask questions – if your publisher is honest and genuinely wants the best for you, they should accept that you have a right to want to know about them. After all, you are placing your book and all the blood, sweat and tears that went into writing it in their hands.

Ask:

  • Who are they?
  • How long have they been publishing?
  • What exactly is their background and experience?…

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