With so much going on, don’t lose sight of what’s happening to your books. Not everyone agrees that having free books going out *freely* is bad for writers, but you at least need to be able to choose. Victoria Strauss again reports on the Internet Archive and its copyright infringement via its “Emergency Library”—now being challenged in court by major publishers. Her post on Writer Beware lists a number of past posts and resources. Check it out.
Tag Archives: Writer Beware
Here’s Chuck Wendig’s take on the decision by Internet Archive (as he points out, already on the hook for stealing and distributing copyrighted work) to provide books for free even if they are, indeed, copyrighted because people need books more than ever now. Wendig’s piece provides not only his take, elaborating on a comment that aired in a show on NPR, but also links to a response from the IA, so you can decide what you think. There is also at least one comment that takes a different stance.
I first became aware of IA’s activities through Victoria Strauss’s indispensable Writer Beware. I tracked down one of my books on IA and sent a takedown notice; supposedly they honored my request. I shared my experience on this blog (link below), then subscribed briefly to a service that promised to find all such theft of my work.
Let me tell you, that was a waste of time. The app found instance after instance. In every single case I tried to track, it was impossible to file a takedown notice. There would be no contact information, no claim of ownership, no one to protest to. Possibly, with stronger computer skills and oodles of time, I could have found the culprits. Some of these sites had takedown-notice forms, but when I sent them, they returned error messages. Long story short, I gave up.
However, one notable outcome was an exchange with a poet who is print-disabled (in his case because of vision issues), who told me about the Marrakesh Treaty, which allows “allows authorized non-profit sites to post—without permission—works for “blind and print-disabled” persons.” This was new information for me, as I suspect it will be for others.
This link will take you to the one of the later posts in my sequence about Internet Archive and book piracy, back in early 2018; there’s a link in the post to the Marrakesh Treaty, and you can read the comments from my reader. All the posts are filed under “Copyright for Writers” and can be accessed by searching for “Internet Archive.”
In any case, I also found myself consoled by an argument from Neil Gaiman that book pirates are really just helping you find readers for your work. If that claim raises eyebrows, well, maybe it should. Or not. The post contains links to several back-and-forths on whether we should be up in arms or opening our arms.
This is a fraught issue in this time of the cholera, as Wendig’s discussion shows. I probably will adhere to my non-action process for now.
If only those freebie readers would leave reviews. . . .
Victoria Strauss at Writer Beware continues to let us know when new scams proliferate—in this case, crooks pretending to be literary agents who just LOVE our books! I have actually talked to people who take such come-ons seriously.
Yet again, on a Facebook page for writers of fiction, someone asked about a clear vanity press scam. Page members quickly jumped in with the appropriate answer for such a query: RUN!
But what amazes me is that I see so many of these kinds of questions. I’m not a particularly patient soul myself, so I had to throttle my immediate response: Don’t you have a computer? Don’t you know how to Google? Shouldn’t basic research be the first step for someone thinking about publishing? Doesn’t it occur to folks that in this day and age, How-To is there for the asking? All you have to do is look.
I consider the answer I composed reasonably tactful (for me):
These days, when we all clearly have access to the Internet, it surprises me that people don’t actively search for information on “how to publish a book.” Of course, a search like that will turn up lots of scams and vanity presses, but it will also turn up many useful sites that offer advice. Everyone who is thinking seriously about publishing should be compiling a personal list of the most helpful FREE sites that lay out the ins and outs of today’s publishing options. A search for “best websites for writers” would yield a ton of these. Yes, you will get some conflicting opinions–some people love Amazon, some hate it–but you’ll begin to get the lay of the land. After a while you begin to get a sense of which bloggers know their business and which don’t. In my earlier comment, I listed Jane Friedman and Victoria Strauss (Writer Beware): invaluable. I also recommend The Book Designer (Joel Friedlander). You can buy books by the carload that will walk you through every step; most are cheap enough as ebooks that you can buy more than one and get a wider set of options. Takes a little time, yes, but not nearly as much time as you have devoted to writing your book, and this basic research will save you many hours by helping you make the best choice for you. Chris the Story Reading Ape also offers regular links to excellent advice. I found these people by Googling, attending conferences, and searching Amazon. Don’t put less energy into this than you would in buying a car!
Okay, I get it that posting questions to Facebook groups is a step in this process. But Facebook friends can’t offer the kind of education we writers need. Learning about style and grammar and showing-not-telling are basic skills, but so are the fundamentals of the business you are thinking of entering. For example, one respondent said she couldn’t afford to self-publish! Facebook friends can’t possibly slap up a full explanation of why this comment is unfounded. They basically have to say, “Go look it up!”
So that’s what I’m saying: Want to be a writer? Go look it up.
Am I completely off base here?
Here’s another of Victoria Strauss’s valuable words-to-the-wise about the business of becoming a published author: what can go wrong if you type “Find a Publisher” into Google. As always, Strauss provides an excellent Writer Beware list. Her spotlight on the scams writers face is one of the most valuable resources writers can consult.
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.
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?
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.
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.