Category Archives: Copyright

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

Avoid Writing Contest Scams!

Beware of writing contest scams!Writer Unboxed (via, as so often, Chris the Story Reading Ape) is hitting  on all cylinders these days. Here’s an extremely useful post detailing how to assess a publishing contest BEFORE you enter! Thanks to Susan Spann for this excellent list. Read the comments, too.

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Filed under Contests, Copyright, publishing contracts, Scams, Writing

EDITING 101: 22 – Using Registered Trademarks and Brand Names…

Understanding how to handle trademarked or brand names does indeed seem to perplex many of us. There’s some good practical advice in this post.

Chris The Story Reading Ape's Blog

Originally posted as the Dun Writin’—Now Whut? series on this blog, EDITING 101 is a weekly refresher series for some of you and brand new for others.

Courtesy of Adirondack Editing

Using Registered Trademarks and Brand Names

When you’re writing and your character uses a Kleenex, you’ve just used a registered trademark. Normally in non-fiction or business writing, you’d see it this way: Kleenex® or Kleenex™. To avoid using a brand name, you could say your character used a “tissue.”

You do not have to use ® or ™ in fiction writing.

The words aspirin, escalator, phillips-head screw, zipper, yo-yo, and vaseline were once trademarked but have lost that protection. They acquired such market dominance that the brand names became genericized. Companies want their products to become popular—but not too popular!—since there’s a price to pay for that popularity.

Kleenex®, Xerox®, Band-Aid®, and Plexiglas® were once in danger of losing their trademark…

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Filed under Copyright, ebooks, Editing, indie publishing, self editing, Self-publishing, Writing

Some Helpful Advice on Copyright, ISBNs, and More

Books leading to a door in a brick wallJoel Friedlander is always a wonderful resource. Today’s “Mailbag” covers some important questions about copyright and ISBNs, as well as some questions about vendors and formatting decisions. Check it out!

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Filed under Amazon Kindle Direct Publishing, business of writing, Copyright, ebooks, indie publishing, Money!, novels, Print on Demand, Publishing, Self-publishing, Writing

5 Legal Terms Every Author Should Know…

We never hear this enough! Thanks, Chris!

Chris The Story Reading Ape's Blog

Extract from an article by Writer and Lawyer Helen Sedgwick:

What is the worst mistake an indie author can make?

A bad book cover? A poorly edited manuscript? A hokey website?

No. It’s losing control over your work.legal terms

Pause and Read the Fine Print

Your work is valuable property, just like your car or home. You wouldn’t hand over your car keys to a stranger you met on the internet. You wouldn’t let someone with a slick website move into your guest room. Yet, every day, writers click ACCEPT to contracts with self-publishing companies that take too much control over the author’s work.

Why? Because they can’t bring themselves to read the fine print.

If you are like most people, online contracts with all those legal terms look like 5000 words run through a blender. My goal is to show you where and what to look for, so you can…

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Filed under business of writing, Copyright, ebooks, indie publishing, Money!, Myths and Truths, novels, Print on Demand, Publishing, publishing contracts, Self-publishing, small presses, Smashwords, Writing

COPYRIGHT INFRINGEMENT?

Follow up to the post below about book theft! Chris the Story Reading Ape supplies links and specific advice, as well as a DMCA form letter and a way to find the offending server. Keep this page!

VERY IMPORTANT!!! DO NOT SEND THE OFFENDING SITE A DIRECT NOTICE. They may be a click farm looking for you email and you will be infected with a virus. If they are on Facebook – Use Facebook’…

Source: COPYRIGHT INFRINGEMENT?

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Filed under business of writing, Copyright, ebooks, indie publishing, Money!, Myths and Truths, novels, Publishing, Self-publishing, Writing