Thursday, September 15, 2011

The Google Books Lawsuit Will Go To Court

Posted by Victoria Strauss for Writer Beware

The Google Books lawsuit, which generated a widely hailed and criticized settlement that was ultimately rejected by the court, will go to trial--although the parties in the case say that they are still in talks.

Per Publishers Weekly,
The Google Books case is headed to litigation. At a status conference Thursday, Judge Denny Chin adopted a proposed trial schedule that, if followed, would have the case ready for trial by July 2012. But the conference also offered a ray of hope, as attorneys said that settlement talks were progressing. AAP attorney Bruce Keller told Chin that the publishers had agreed to the proposed trial schedule, but that substantial progress had been made between publishers and Google, and that he hoped the trial schedule would become "moot." Google attorney Daralynn Durie echoed that expectation later in the hearing, also telling Chin that progress was being made and noting that the business principals "not the lawyers" were in discussion...

Authors Guild attorney Michael Boni also told the court that talks were ongoing, and that the authors were hopeful of a settlement, but it was clear that publishers had made more progress, raising the likelihood that the authors and publishers cases could be split.

In other Authors Guild lawsuit news, a consortium of library groups has issued a statement criticizing the AG's recently filed lawsuit against several major university libraries over their use of orphan works via the HathiTrust repository.
“The case has no merit, and completely disregards the rights of libraries and their users under the law, especially fair use,” the statement reads. “We are confident the court will not look kindly on this shortsighted and ill-conceived lawsuit."

For a thorough (though pro-library) analysis of the orphan works issue as it pertains to libraries, see this research packet from the Association of Research Libraries.

On the other side of the issue, the Authors Guild has punctured the assumption of due diligence in HathiTrust's procedures for locating copyright holders for the orphan works it plans to issue. So far, the AG has (easily) located the copyright holders for three so-called orphans: The Lost Country, a novel by J.R. Salamanca; a study on adolescent aggression by psychologist Albert Bandura; and Confusion, a novel by James Gould Cozzens. A subsequent post on the AG's blog, listing HathiTrust's "orphan work candidates" and inviting comments from the public, appears to have located several more.

Tuesday, September 13, 2011

Authors Guild And Others Sue Universities for Copyright Infringement

Posted by Victoria Strauss for Writer Beware

In the wake of the failed Google Book Settlement and the still-unresolved lawsuit that produced it, the Authors Guild, two international writers' groups, and several individual authors have filed suit against a number of major US universities that have combined unauthorized scans of in-copyright books into a repository called HathiTrust, which will allow unlimited downloads by students and faculty of "orphan" works included in the repository (orphan works are in-copyright books whose authors can't be found--with "can't" meaning almost anything on a continuum from "impossible to locate" to "didn't look very hard").

The unauthorized scans were obtained from Google--one of the perks of Google's unauthorized library scanning project was that the libraries that provided the books received free copies of the files--and HathiTrust is believed to include up to seven million in-copyright books from authors in dozens of different countries. The rules for defining "orphan" works have been established by the University of Michigan, the lead institution on the project.

The Authors Guild press release follows.

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AUTHORS AND AUTHORS’ GROUPS FROM AUSTRALIA, QUEBEC, THE U.K., AND U.S. SUE HATHITRUST, THE UNIVERSITY OF MICHIGAN, AND FOUR OTHER U.S. UNIVERSITIES FOR COPYRIGHT INFRINGEMENT

Digital Files Provided by Google at Issue, As Plaintiffs Seek to Impound Unauthorized Scans of 7 Million Copyright-Protected Books, Pending Congressional Action

NEW YORK – The Authors Guild, the Australian Society of Authors, the Union Des Écrivaines et des Écrivains Québécois (UNEQ), and eight individual authors have filed a copyright infringement lawsuit in federal court against HathiTrust, the University of Michigan, the University of California, the University of Wisconsin, Indiana University, and Cornell University. Plaintiff authors include children’s book author and illustrator Pat Cummings, novelists Angelo Loukakis, Roxana Robinson, Danièle Simpson, and Fay Weldon, poet André Roy, Columbia University professor and Shakespeare scholar James Shapiro, and Pulitzer Prize and National Book Award winning biographer T.J. Stiles.

The universities obtained from Google unauthorized scans of an estimated 7 million copyright-protected books, the rights to which are held by authors in dozens of countries. The universities have pooled the unauthorized files in a repository organized by the University of Michigan called HathiTrust. In June, Michigan announced plans to permit unlimited downloads by its students and faculty members of copyright-protected works it deems “orphans” according to rules the school has established. Other universities joined in Michigan’s project in August.

The first set of so-called orphans, 27 works by French, Russian, and American authors, are scheduled to be released to an estimated 250,000 students and faculty members on October 13th. An additional 140 books, including works in Spanish, Yiddish, French, and Russian, are to be released starting in November.

“This is an upsetting and outrageous attempt to dismiss authors’ rights,” said Angelo Loukakis, executive director of the Australian Society of Authors. “Maybe it doesn’t seem like it to some, but writing books is an author’s real-life work and livelihood. This group of American universities has no authority to decide whether, when or how authors forfeit their copyright protection. These aren’t orphaned books, they’re abducted books.”

“I was stunned when I learned of this,” said Danièle Simpson, president of UNEQ. “How are authors from Quebec, Italy or Japan to know that their works have been determined to be ‘orphans’ by a group in Ann Arbor, Michigan? If these colleges can make up their own rules, then won’t every college and university, in every country, want to do the same?

The complaint also questions the security of the 7 million unauthorized digital files. The numbers are staggering. The universities have, without permission, digitized and loaded onto HathiTrust’s online servers thousands of editions, in various translations, of works by Simone de Beauvoir, Italo Calvino, Bernard Clavel, Umberto Eco, Carlos Fuentes, Günter Grass, Peter Handke, Michel Houellebecq, Clarice Lispector, Mario Vargas Llosa, Herta Müller, Haruki Murakami, Kenzaburō Ōe, Octavio Paz, and Jose Saramago, among countless other authors. Works from nearly every nation have been digitized. HathiTrust’s databases house more than 65,000 works published in the year 2001, for example, including thousands of works published that year in China, France, Germany, India, Indonesia, Italy, Japan, Russia, Spain, and the U.K., and hundreds from Australia, Austria, Brazil, Canada, Egypt, Israel, Lebanon, Mexico, The Netherlands, The Philippines, South Korea, Switzerland, Thailand, Turkey, and Vietnam.

“These books, because of the universities’ and Google’s unlawful actions, are now at needless, intolerable digital risk,” said Authors Guild president Scott Turow. “Even if it weren’t for this preposterous, ad-hoc initiative, we’d have a major problem with the digital repository. Authors shouldn’t have to trust their works to a group that’s making up the rules as it goes along.”

Google’s library scanning project is already the subject of a federal class-action lawsuit in New York. A status conference in that case is scheduled before Judge Denny Chin this Thursday, September 15.

Attorneys Edward Rosenthal and Jeremy Goldman of Frankfurt Kurnit Klein & Selz are representing plaintiffs.

Wednesday, August 24, 2011

How to Satisfy Your Reader without Being Predictable

Posted by Ann C. Crispin for Writer Beware



How many times have you tuned into a murder mystery television show, such as Murder, She Wrote, and within the first 10 minutes, been able to ID whodunit…sometimes even before the murder occurs? I bet a lot of you are like me – you can spot the murderer right from the beginning, and your only interest in the show from then on is in watching how Jessica Fletcher figures out his/her identity.



That’s because Murder, She Wrote is predictable.



While I’m sure some viewers never guess who the murderer is, and are genuinely surprised when Jessica Fletcher accuses the guilty party, I’ll bet most writers spot him/her early on. If you have a storytelling mind, it’s easy to spot such a predictable outcome – which is why you really want to avoid being this transparent in your own writing. On the other hand, you know you have to provide the reader with enough information and clues so you don’t just drop the resolution to your conflict on the reader at the end of the story totally unheralded. If solutions to problems, and resolutions to dilemmas, come out of left field, readers feel - rightfully - cheated. It’s like watching Bobby Ewing step out of the shower. (Does anyone remember that “great” moment in network television? Clumsy, contrived, and extremely annoying to the fans doesn’t even begin to cover it!)



Before we get to some practical suggestions on ways to avoid predictability, let’s discuss “satisfying the reader.” We’re talking about genre novels. Literary novels aren’t written to fulfill the same expectations as genre novels. In literary novels, you do have endings where everyone winds up dead, or miserable, or failing utterly. Not always, but sometimes.



In a genre novel, it’s easy to avoid predictability if you have your protagonist lose and die a horrible death at the end of the story. Or to have your protagonist give up and let the antagonist be victorious in order to save his own life. But think about what that would be like for, say, a romantic suspense novel. The heroine finds her soul-mate tied up by the bad guys and being tortured. He sees her. She sees him. Then, panic-stricken, she turns around and runs out into the night, leaving him to his horrible fate, and lives the rest of her life alone and embittered.



An ending like this is not at all satisfying to the reader…but it’s sure not predictable. And, for the sub-genre of romantic suspense, it’s probably not salable, either. And if we’re talking a mystery novel, it would certainly not be predictable to have Hercule Poirot or V.I. Warshawski announce, “Okay, I give up. I don’t know whodunit, and the killer will probably kill again, and I don’t care. I’m going on vacation.” Not predictable, but not satisfying, and probably not a novel you can easily sell.



Readers buy romance novels to watch the heroine wind up with her soul-mate. They buy mystery novels so they can track the clues and watch the detective solve the crime.



Romances and mystery novels are genre novels. Readers buy genre books because they have a certain element of predictability built into them. The heroine winds up with her guy, the detective figures out whodunit. The reader wants to go along for the ride to see exactly how it all happens.



Would you have enjoyed The Lord of the Rings trilogy as much if the One Ring had triumphed, Frodo had become a minion of Sauron, and all of Middle Earth had been turned into Mordor?



Okay, so now we’ve established that simply doing a totally unexpected thing in a genre novel is not the best way to avoid predictability, because that may well make the reader dissatisfied with the story.



It’s true that sometimes genre novels do end on a sad or poignant note. Science fiction and fantasy is considered a genre, and sometimes the protagonist does die. (Heck, I’ve killed off a protag myself.) When the writer does this at the end of a book, however, generally the protagonist sacrifices his or her or its life to achieve some kind of victory over evil, or the antagonist. When the reader closes the last page, he or she is sad, but satisfied, because the protagonist succeeded, even at the cost of his, her, or its life. This also happens at the end of spy novels, or thrillers…sometimes.



Editors tell me that books with happy endings sell better than books with sad endings. Personally, I often try for something along the lines of bittersweet, because it seems more realistic than having the protagonist achieve total victory. I’d call the ending of The Return of the King bittersweet, wouldn’t you?



(And then there’s A Song of Ice and Fire – which breaks all the “rules.” If you can write as well as George R.R. Martin, you can break them as you choose. And I have NO idea why you’re reading this essay!)



Okay, so I’m going to presume we’re all on the same wavelength here, and we understand the concept of “satisfying the reader.” So how do we avoid writing “predictable” stories?



The best way I know to do this is by the rejecting the easiest solution, and effectively foreshadowing what happens.



Let’s use the ending of The Return of the King as an example again. J.R.R. Tolkien could

have had Frodo march (or crawl) through that crevasse in Mount Doom, pull the One Ring off his neck, and chuck it into the flaming lava below. Since that was the stated intent of Frodo and Sam’s long, arduous, miserable quest through Middle Earth and horrible Mordor, that would have created an end that was reasonably satisfying – but it would have been predictable. They did what they’d come there to do, ho hum, okay, good story, but not remarkable.



But instead, Tolkien was clever. He had Frodo FAIL.



Frodo succumbs to the power of the One Ring. He puts it on and is going to head back out into Mordor, presumably to sink into total evil and ally himself with Sauron. Middle Earth would be doomed if he’d actually done this. This is NOT predictable.



And yet the One Ring gets tossed into the lava anyway, despite Frodo’s best efforts to make away with this. Tolkien rejected the easy solution, and chose Gollum, all unknowing and unwilling, to be the savior of Middle Earth.



Not predictable!



And yet…both Frodo’s failure, and Gollum’s actions, were so well foreshadowed that we, the readers, accept these actions on Frodo’s and Gollum’s part. We know that the One Ring is a deadly seducer. We hope Frodo won’t succumb to it, yet we believe it when he does. And we have watched Gollum’s growing obsession and madness for hundreds of pages. We, the readers, have no difficulty in believing that Gollum would attack Frodo on the brink of the chasm and try to get the ring, using any means at his disposal…including his sharp, raw-fish-eating teeth.



When you write a subplot into a book, such as Gollum’s subplot, it must have a major impact on the climax of the book. Both Gollum’s subplot and Aragorn’s subplot (learning to accept that his fate was to become King Elessar Telcontar, High King of Gondor, etc., and thus rallying and leading the armies of Middle Earth to the Gates of Mordor in order to distract Sauron from discovering Frodo and Sam), majorly influence the climax of The Return of the King.



Some writers can write stories without plotting them out in advance. Somehow, instinctively, subconsciously, they foreshadow and reject the easy solution. Two such writers I’ve known were Roger Zelazny and Andre Norton. I have no idea how they managed to do this…but they did.



Personally, I have to plot out a story, and consciously figure out all this stuff before I can write it.



You should do whatever works best for you.



I hope this has been helpful. Feedback?



-Ann C. Crispin

Chair, Writer Beware

Thursday, August 18, 2011

PublishAmerica and J.K. Rowling: Retractomancy

Posted by Victoria Strauss for Writer Beware

I blogged Tuesday about PublishAmerica's now-infamous J.K. Rowling promotion, which promised, for just $49, to bring PA authors' books to Rowling's attention during PA's upcoming visit to Scotland. (The promotion, which has set the blog- and Twittersphere abuzz, has also been covered by a variety of news sources, including the Associated Press, The Bookseller, and Publishers Weekly).

Also on Tuesday, a Rowling spokesman labeled the promotion's claims "completely false," and promised that "appropriate action" would be taken.

Apparently, that action involved a letter from Rowling's lawyer, demanding that PA cease and desist the promotion (as of yesterday, the promotion had been removed from the PA website).

Now PA has responded...with a "tone" letter. Penned by PA's lawyer Victor Cretella, the letter is posted on PA's website. Here is my favorite part:
Not only is your letter replete with factual errors, but it is built upon a false premise. In the caption at the beginning of the letter, you indicate that your letter is “NOT FOR PUBLICATION”. This creates the impression that you were looking to resolve this matter confidentially. But no sooner had you sent the letter than your client’s spokesperson, Mark Hutchinson, published a false and defamatory statement to the media, indicating that PA had been cited by industry watchdogs for “allegedly deceiving authors.”

Of course, there are no legitimate industry watchdogs who have ever said anything of the sort. The ones who have made such representations have been totally discredited....No reasonable person would ever rely upon anything they said. By doing
so, your client and her representatives have subjected themselves to a defamation suit.

In light of the above, PA requires that your client issue a retraction immediately. “Our client’s approach . . . to damages . . . will be determined by the speed and nature of your response to this letter.” In any event, PA reserves all of its rights in the interim. However, it will be more than happy to discuss an amicable resolution of this matter.
In fact, it seems pretty clear from the AP article in which Hutchinson is quoted that the watchdog statement was made by the writer of the article, not by Hutchinson.

This is turning into quite a drama. Stay tuned.

Tuesday, August 16, 2011

Taking Famous Names in Vain

Posted by Victoria Strauss for Writer Beware

PublishAmerica. As many of you are aware, this author mill is known for its efforts to persuade its authors to buy their own books, in part via a rotating series of "special offers". If only authors will order X number of books, a copy or copies of the book will be sent FREE to celebrities (Tom Hanks, Oprah), publishers/producers (DreamWorks, Random House), bookstores (Borders), and other coveted sources of exposure (Starbucks, the New York Times Book Review). (For an ongoing discussion of these and other offers, see this thread at Absolute Write.)

A brand-new PA offer has a twist: no book purchase necessary. Just a $49 fee (or $69 for the multi-book option). And who's the lucky celebrity? None other than world-famous author and digital pioneer J.K. Rowling.
We will bring your book to the attention of Harry Potter's author next week while our delegation is in her hometown, and ask her to read it and to tell us and you what she thinks. Tell her what you think: in the Ordering Instructions box write your own note for JK Rowling, max. 50-100 words. We will include your note in our presentation for her!
Word of this new "offer" quickly got out, prompting a discussion at Absolute Write and its very own Twitter hashtag. Now it seems that Rowling's management team has taken notice.


But it appears that there's even more to the story. According to an article in this morning's edition of The Bookseller,
The Edinburgh International Book Festival has said it has no relationship with print-on-demand publisher Publish America, after the US firm sent letters to its mailing list of authors promising their books will be presented to "the festival"...

The EIBF was first made aware of the letters being sent out on 23rd July, when one of the recipients passed it on to the organisers. The letter said: "Your book. In Scotland. Next month. Edinburgh is famous for its annual August downtown book festival where it is all about authors, writing contests, literary Nobel prize winners, and the general Scottish audience who come to see who and what is new in the English language. Big publishers are everywhere. Newspaper reporters are everywhere. The famous Guardian newspaper is a top sponsor. PublishAmerica is at the festival, promoting our best authors".

The letter then offered its authors a choice of three options for them to buy space in a catalogue "that we will present to the festival". It is understood PublishAmerica sent out a number of different variants of this letter, offering access to Random House and the London Review of Books, among others.
The Bookseller reports that the EIBF issued a statement in July to PublishAmerica authors denying the existence of a relationship between the EIBF and PublishAmerica, and accusing PA of "falsely portray[ing] the nature of the festival and the likelihood that the purchase and inclusion in the 'Scotland' catalogue will result in attention from the Festival and/or publishers" (the statement was also sent to Pen America and the Society of American Authors and Writers*).

The EIBF also served a cease and desist notice on PA,
which the publisher responded to by denying their letters implied anything would result from inclusion in their catalogues. The PA letter said: "Furthermore, none of these things imply any results from inclusion in the catalog. Thus, your characterization of PA's advertisement is unsubstantiated; PA is simply not promising any level of attention by EIBF."
In other words: Don't take that tone with us.

Will there be a C&D from Rowling also? Stay tuned.

-----------------

* I'm not familiar with a writers' organization by this name. I wonder if what's meant is the American Society of Authors and Writers (AmSAW). If so, the EIBF wasted a statement, because despite its claims to be "the number-one society of media professionals in the world," this is not a recognized professional writers' group.

EDITED TO ADD: Rowling has responded through a spokesman. "Rowling spokesman Mark Hutchinson said Tuesday that the claim was 'completely false' and promised 'appropriate action.'"

EDITED AGAIN TO ADD: The link to the Rowling promotion is no longer active on PA's website, but here's a screenshot of the Google cache.


Friday, August 12, 2011

Award Alert: The IndieReader Discovery Awards

Posted by Victoria Strauss for Writer Beware

I've been getting questions about a new awards program: the IndieReader Discovery Awards for self-published authors.

"What do you get when you cross a bunch of great self-published books with extraordinary publishing industry professionals?" the Discovery Awards website asks. "IndieReader’s first annual 'Discovery Awards' (IRDAs), where undiscovered talent meets people with the power to make a difference." Sponsored by IndieReader (which describes itself as "a venue for discriminating book-lovers to find and purchase books published by the people who wrote them") the IndieReader Discovery Awards are open to self-published authors of print and ebooks with a valid ISBN.

Books can be entered in one or several of 51 different subcategories (there are just two main categories, Fiction and Nonfiction), and will be accepted until February 29, 2012 (here's the entry form). The large panel of judges includes reputable editors, literary agents, and other book people.

So far so good. But then we get to the entry fee. It's $150 (no, that is not a typo), with another $50 due for each additional category you want to enter. This is the highest entry fee I've seen recently--more than double the fees of some other self-published and small-press book awards programs. The Indie Excellence Awards, for instance, charges $69. Next Generation Indie Awards charges $75, as does the IPPYs. Even the stickertastic Readers Favorite Awards keeps it under $100.

What do you get for your $150, if you win?
The top winners, from each sub-category, and the top three in each main category, will also get the following:
  • A professional IndieReader review

  • Exposure to a panel of judges who can make a difference in your book’s success

  • Inclusion in IR’s “first-look” deal with Book Ends Entertainment, an LA-based boutique literary management and production company

  • Inclusion in IndieReader Selects, the only distribution program created specifically to get indie books into indie bookstores nationwide (you can find more details on IRS here or at www.irselects.com)

  • An IndieReader “All About the Book” feature

  • A sticker pronouncing your book an “IndieReader Discovery Awards” winner

The first place winner in the Fiction and Non-Fiction categories will also get the following:
  • A review from Kirkus Reviews, a powerful resource for millions of readers, writers, librarians, media executives and the publishing industry.

There are some nice perks in there (though several are somewhat self-referential, since they involve various kinds of presence on IndieReader websites). Even if you aren't one of the winners, there may be benefits--according to IndieReader, the judges are participating because "they’re interested in finding talented writers who might otherwise be overlooked" (though IndieReader is also quick to note that "there is no guaranteed publishing deal"). Is that worth $150, though, plus two copies of your book? Doesn't the promise of "exposure" make the entry fee sound awfully like a reading fee? Also, since there is no cash prize, why exactly is the entry fee so high?

I get a lot of questions about contests and awards programs. Many self-published and small press writers are mesmerized by the possibility of prestige and recognition they seem to offer. But even if you avoid the obviously faux or vanity awards (such as this one, or these), you may not get much if you win. Many awards programs are primarily profit-generating operations for their sponsors, and don't want to cut into the proceeds by spending a lot of money on prizes or ceremonies; this is why they try so hard to sell you on the prestige of winning or placing, on the excitement of being able to say "award-winning author." But whether winning or placing will really boost your credibility--or your sales--is an open question. Do readers care that you won an award they never heard of? Do agents and publishers, if your goal is to transition to a traditional book contract?

Given how expensive many of these awards are--and remember, you have to send not just the entry fee, but one or more copies of your book for each entry category--it doesn't strike me as the best way to spend your promotional dollar.

This is the second time I've blogged about IndieReader. The first time was in 2009, shortly after it started up. Its focus and goals have changed some since then--as have its prices (it now costs $499 for a review and listing) and services (it now offers self-publishing services).

Wednesday, August 10, 2011

Indian Writers Beware: Literary Agent Scams in India a Growing Problem

Posted by Victoria Strauss for Writer Beware

When Westerners think of major book markets, India may not be the first country that springs to mind. But India's publishing industry is the sixth largest in the world, and fully a third of it is devoted to English-language publishing.

Just as in the USA and the UK, the success of debut novelists in India fuels the dreams of legions of aspiring writers. And where there are aspiring writers, there are writing scams.

Reputable literary agents in India are still relatively rare. There's not a huge need for them, with most Indian publishers, and Indian divisions of overseas publishers, accepting submissions directly from authors. Questionable literary agents, though...apparently, that's another story.

According to this fascinating article in Publishing Perspectives (an informative free daily newsletter covering the international publishing scene), questionable agenting is a growth industry in India.
In New Delhi, which can rightfully call itself the publishing capital of India, self-styled “literary experts” and “consultants” have set up all over town. Unfortunately, many have little to no understanding of the trade; most have no direct publishing experience, and the few who do, are frequently authors themselves who moved into agenting after seeing their own literary efforts fail to set the cash register ringing at the bookstores.
Does this sound familiar? So does the list of bad practices the article highlights, including charging upfront fees of various kinds (such as "manuscript assessment fees"), selling editing services (some "agents" apparently charge non-resident Indian authors to "Indianize" their books for the Indian market), selling publishing services, and misrepresenting their expertise. Reputable literary agents operate pretty much the same way from market to market and country to country; clearly, so do disreputable agents.

Although Writer Beware occasionally gets a complaint about fee-charging by an Indian literary agency, I had no idea the problem was so widespread.

So Indian writers, beware. Familiarize yourself with standard literary agent business practice; this will make it easier for you to recognize bad practice if you encounter it. Writer Beware's Literary Agents page has a lot of helpful information in that regard. Keep in mind that reputable literary agents have a verifiable track record of sales to reputable publishers (or, if new, genuine work experience in the legitimate publishing industry), don't charge upfront fees for marketing or submission, don't charge prospective clients for assessing or editing their manuscripts, and don't urge authors to choose pay-to-play publishers.

If you approach a literary agency or literary consultancy that you think is suspicious, we want to hear about it. Contact us by leaving a comment here, or by using the email link at the top of the sidebar (beware [at] sfwa.org).

(Also remember: many questionable US-based literary agents--and publishers--target Indian authors. I get regular questions from Indian authors who've been solicited by vanity publisher Dorrance Publishing Company, for instance.)