Joho the Blog » copyright

November 13, 2012

New BradSucks album lyrics

Brad Turcotte, AKA BradSucks, has put out his new album, Guess Who’s a Mess. It is tuneful, dark, and remarkably well done. I like not only his music, lyrics, and voice, but also his skill as a producer. He is, in fact, a one-man band++.

So, you ought to buy his album, first because I think you’ll enjoy it; you can listen for free to decide. Second, Brad’s exactly the sort of artist the Web should support: no DRM, tracks posted for remixing, continuous interaction with his listeners as he develops new songs. He trusts the Web. We should repay that trust. It’s the least we can do.

At my request, Brad sent me an unedited copy of his lyrics. He’ll undoubtedly post a better version soon. But for now, here they are.

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October 29, 2012

You own it, you should be able to resell it

Just when you thought copyright extremism couldn’t get any more absurd, the Supreme Court may uphold a decision that would prevent us from reselling goods we’ve legally bought that have parts or content with foreign copyrights (which most goods of any complexity do have). Marvin Ammori has a good explanation of how this would “work” and why it is Kafka-esque in its implications.

I would say that Marvin’s opening examples would never be enforced, but I also thought that Citizens United wouldn’t trash our political system like Godzilla(c) walking through a cheap cardboard city.

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October 12, 2012

A victory for libraries and all of us

Paul Courant, one of the founders of the Hathi Trust, explains this week’s ruling throwing out a lawsuit by the Authors Guild claiming that Hathi’s scan-and-index program violated copyright.

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September 4, 2012

Who forces Google to remove search results because of copyright claims?

According to a post at TechDirt by Riaz K. Tayob, Google has released data on which organizations request certain search results be suppressed because of copyright issues.

From TechDirt:

It may be a bit surprising, but at the top of the list? Microsoft, who has apparently taken down over 2.5 million URLs from Google’s search results. Most of the the others in the top 10 aren’t too surprising. There’s NBC Universal at number two. The RIAA at number three (representing all its member companies). BPI at number five. Universal Music at number seven. Sony Music at number eight. Warner Music doesn’t clock in until number 12.

The velocity is increasing:

As it stands now, Google is processing over 250,000 such requests per week — which is more than they got in the entire year of 2009. For all of 2011, Google receive 3.3 million copyright takedowns for search… and here we are in just May of 2012, and they’re already processing over 1.2 million per month.

The requests and Google’s responses must both be generated automatically. This raises once again the problem with having robots enforcing the law: They don’t know about leeway, which means they (a) lack common sense, (b) have no way of balancing against greater goods, and (c) can’t tell when Fair Use should provide an exception. (Here’s an op-ed I wrote in 2003 about this.)

We saw this this weekend as robots blocked the use of perfectly legitimate film clips at the Hugo Awards. Ridiculous. And scary.

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August 5, 2012

Open Access facts from Peter Suber

I’m enjoying my friend Peter Suber’s small book Open Access. He’s a very clear and concise writer, and of course he knows this topic better than anyone.

Here are some facts Peter mentions:

  • In 2008, Harvard subscribed to 98,900 serials. Yale subscribed to 73,900. “The best-funded research library in India…subscribed to 10,600.” And, Peter points out, some Sub-Saharan universities cannot afford to subscribe to any. (pp. 30-32) Way to make yourself smart, humanity!

  • “In 2010, Elsevier’s journal division had a profit margin of 35.7 percent while ExxonMobil had only 28.1 percent.” (p. 32)

  • The cost of journals has caused a dramatic decrease in the percentage of their budgets research libraries spend on books, from 44% in 1986 to 28% now. “Because academic libraries now buy fewer books, academic book publishers now accept fewer mauscripts…” (p. 33)

Peter’s book will help you understand better why you already favor Open Access.

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July 31, 2012

[berkman] Brad Abruzzi on being an indie author

TITLE: [berkman] Brad Abruzzi on authorship and publishing
BODY:

Brad Abruzzi, author of the NJ Famous Turnpike Witch, a novel I really liked, is talking about the trajectory of authorship, at a Berkman lunch.

NOTE: Live-blogging. Getting things wrong. Missing points. Omitting key information. Introducing artificial choppiness. Over-emphasizing small matters. Paraphrasing badly. Not running a spellpchecker. Mangling other people’s ideas and words. You are warned, people.

Brad says that he’s not a success story. If you want to know how to make millions, thousands, or even hundreds, you should write a book about how to write succcessful books. Or vampires, he says. Instead, he’s going to give us thoughts about authorship and publishing.

He says he was in his first year at law school, interested in the history of literature. He wrote a note titled “Exploitative publishers, untrustworthy systems, and the dream of a digital revolution for artists. ” It was based on Marxist historical theory and sketched three phases:


1. Feudal: pre-modern, from antiquity to production publishing. It relied upon patrons who offered a living wage, and could bring interest and favor to the works. In return, the author might offer a celebration of the patron in the work. Or, Virgil who established the lineage of Emperor Augustus all the way back to the gods. Or dedicate the work. Brad points to Sterne’s dedication in Tristram Shandy. But this arrangement produces resentment: the authors feel they are the creators, but the patrons take some of the glory. (He reads a scathing letter to Chesterfield from Samuel Johnson in response to a request for a dedication, who lived on the cusp of Phase 2.)


2. The industrialization of publishing. It put the means of reproduction (Marxist pun intended by Brad) into the hands of the publishers. Thus, authors were once again dependent. This is because there’s always a super-abundance of manuscripts trying to get into the market. This selection process has of course become highly professional. “The problem is that we didn’t choose these people to be the gatekeepers…Ultimately their responsibility is to their shareholders.” This works better than the Feudal system, but the criterion is what an editor thinks will sell. (Brad points out that his work was rejected by publishers.) “The superabundance problem persists.” There are now two barriers of entry to works of fiction: Works have to come from literary agent before publishers will consider them. “If you want to be a writer, you’ll probably be better off writing for yourself and buying scratch tickets, because you won’t be as frustrated when the scratch ticket tells you that you’ve lost.”


So, he asks, is there any hope for someone like him, who thinks his works are good but who cannot get a publisher to publish them? Yes, he says, digital publishing is the hope. “We can make our works directly available to readers. We don’t need publishers any more.”


But, readers rely on publishers to winnow away at the super-abundance of manuscripts. Without publishers, “we move the slush pile to around the ankles of readers.” “We can create a ground-based, critical reader culture” in which people can publish their own reviews, accrue authority, etc. “Amazon does this a bit of course…but we can be more substantive than that.” “Everyone has the means of reproduction. So, hooray.”


So, why did it take him 11 years to publish his own work? “I’ve got all sorts of excuses…but the truth is that traditional publishing offered a better prospect for me.” First, digital reading hasn’t been as appealing. That’s obviously beginning to change. Second, publishers put their chosen works on the fast track. If you can get two people to like your work — agent and publisher — you can cut to the front of the line. So, he tried for ten years to sell his books. His agent was very good at getting flattering rejection letters from publishers. His first novel, In Defense of Cactus Kelly in the late ’90s, didn’t get a publisher. He blogged the second book — NJFTPW — and added popup multimedia. But no one came.


Time passed. Self-publishing became a more promising prospects because of the emergence of digital marketplaces where people can find what they want to read. At certain point, he decided to just publish NJTPW. He uploaded it, pressed the buttons about royalty schemes, and it’s up on Amazon. “But then there’s the super-abundance problem.”


The book is currently at #164,296 at Amazon. A couple of days ago, it was over #300,000. “It doesn’t take much to bump up your book.” “If you can use social media to overthrow an Egyptian dictator, you can probably get people to buy my book,” Brad says, adding “These are probably at comparable levels of difficulty.” He has a handful of followers at Twitter. He’s posted some ads at Facebook, and has 421 Likes. “But Likes on FB don’t translate to sales and reading of your book. Maybe they translate at a 1% rate.” Brad isn’t willing to conclude anything about the effectiveness of social media, since he is “ham-handed” in its use.


He shows his sales from the last month on Kindle, which was his worst week: 4. But in the three days he had a promo offering it for free, he had 350 downloads. The promotions get you channeled into Kindle’s promotions. During the promo, he was in the top 20 for literary fiction, along with public domain classics. He thinks he did that well in part because he has all 5-star reviews [one of which is mine].


This gets him thinking about the reader-based review culture. People do write blog posts about books, some on book sites. “Even the reviewing culture suffers from the super-abundance problem. If you want a good book blogger to review you book, you have to pitch them.” The Kirkus Indie program wants $425 to review your book. “I stand here fairly clueless…but hopeful in a general sense that we’re on the cusp of creating a situation in which publishers are not the final answer….Readers need to believe that books that are not traditionally published can still be a good book. Readers need to look outside the walled garden.” “Writers need to trust that readers will do these things.” If so, those who own printing presses won’t get decide what we get to read.

Q&A


Q: How did you pick Kindle, and not Nook, etc.?


A: It was my choice for an initial platform. You can participate in Amazon’s free promos if you commit to exclusivity to Kindle Select for 90 days. It also lets your books be lent for free to Kindle Prime program. You get paid pro rata for those loans. I am thinking about printing on demand.


Q: In the spiritual self-help area, a lot of people promote their books via their blogs. They refer to one another mutually.


A: I experimented with posting at FB under the name of the Turnpike Witch, trying to get this character communicating with people.


Q: I appreciate your intersection of analysis and emotional experience. What you say about publishing is the same as in music. And Louis C.K. And Patton Oswald a couple of days ago gave a keynote called “A Letter to Gatekeepers,” saying that if they continue to think narrowly, they’ll kill their industry. Also, on FB you can pay to promote your post. Finally, people want to participate in things that other people are participating in. That can work for us or against us in the attention economy. Finally finally, a combination of all three of your phases: fan-funding, kickstarter.com, etc. This gets people in as patrons, and then they evangelize for you.


A: Publishers encourage you in their rejections not as a tactic to maintain hegemony, but because they’re being polite. BTW, my agent left the biz, and went back to school in anthropology.


Q: What about copyright? People can disseminate it without your knowledge. We’re looking at self-publishing because the royalties are better, but are you protected?


A: I’d take the trade in a minute. It’s not a coincidence that the first copyrights were given first to the publishers (“stationers privileges”). They wanted to avoid undercutting each other, and the Crown wanted to keep an eye on what was being published. The copyright concerns come first and foremost from publishers…


Q: Creative people are concerned also.


A: I won’t say categorically they’re not. But many of us would put it out for free, since I’m not depending on my books to make a living.


Q: [doc searls] Cluetrain is free online but still sells well. But, Brad, why not just make it freely available in an open format, and put out a tip jar? How comfortable to do you feel inside the silo that is Amazon?


A: I’m trying to understand how useful it is to have Amazon. It might be a deal with the devil.


Q: [me] How many of you here in the audience are going to buy the book? [About 5 hands go up.] Why not?


Answers: It’s not on Nook. …I’ve got too much to read…I don’t know enough about it…


Q: Publishers play an important curatorial function. I’d love to circumvent it because they look for a formula. But putting it on line isn’t enough. Where is the inter-connect?


Q: I edit an online literary magazine. Finding folks who are already reading at open mics, making a connection is great. We have gatekeepers of a sort, but they’re made up of writers and readers already in the community. Also, there are independent publishers who are not motivated by profit. Getting the novel excerpted in a journal like ours helps. Also: BestIndieLitNewEngland.org There’s something inbetween self-publishing as an individual and commercial success. There are communities.


A: Yes, my social media work was aimed at reating a community.
ti


Q: Have you tried open mic readings? Or do you need to be a published author?


A: One of the reason I write is because I do it better than I speak. A judge once told me to find a job where I write things to people, rather than talking to them, I elected to take it as a compliment. I still see myself as someone who’ll put something out and broadcast it, stand behind it. T’hat’s not getting me to where I need to be. I thought maybe I’d get NJFTPW out of the way so I could write the next thing to submit to a conventional publisher. Now I’m not sure. I’m trying throwing our more content.


Q: Your expectations of traditional publishers are overstated. Publishers often do nothing but print. Also, digital publishing has taken us to a place as bad as traditional publishing. Charlie Stross (sf writer, former sw guy) has an excellent analysis of what Amazon is doing to the market. Single publisher, single format, own their own hardware.


A: Traditional publishing has worked wonderfully for us. People can make a living as a writer. The Amazon issue is a trade-off, which I re-examine all the time. People complain that there’s too much junk at Amazon., e.g. people re-selling Wikipedia content. Rather than putting in a spam button, let people write reviews.


Q: I’m writing a book for a publisher. Even with a publisher, it’s up to the author to build a market. I’m writing a memoir of my father, a queer poet, self-published before the digital age. It was all shoe leather: printing stuff up, going to bookstores, doing readings. It was about finding community, promoting writers like himself, and putting out ideas.


A: Copyright is an incentive for people to do something creative, but I don’t think it’s anything close to the whole ball of wax. E.g., I enjoy communicating to myself — re-reading something I wrote when younger. But, more important, I want to communicate something.


Q: My new startup is trying to enable readers as reviewers. Our tech helps lend credibility to reviews. Self-publishing has grown 400% since 2010, approaching a $4B market. Your 2001 article described the problem perfectly.


Q: I’m intrigued by the two sides of your personality: button-down and creative. This book is very readable. Could you get a celebrity do the reading?


A: I think a lot of this has to do with authority. People with broader authority can move copies.

TAGS: -berkman

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July 30, 2012

E-book licensing by libraries: an overview

The Berkman Center’s David O’Brien, Urs Gasser, and John Palfrey have just posted a 29-page “briefing paper” on the various models and licenses by which libraries are providing access to e-books.

It’s not just facts ‘n’ stats by any means, but here are some anyway:

“According to the 2011 Library Journal E-Book Survey, 82% of libraries currently offer access to e-books, which reflects an increase of 10 percentage points from 2010. … Libraries maintain an average of 4,350 e-book copies in a collection.”

“[T]he publisher-to-library market across all formats and all libraries (e.g., private, public, governmental, academic, research, etc.) is approximately $1.9B; of this, the market for public libraries is approximately $850M”

92% of libraries use OverDrive as their e-book dealer

Of the major publishers, only Random House allows unrestricted lending of e-books.

I found the section on business models to be particularly clarifying.

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July 24, 2012

[preserve] Michael Carroll on copyright and deigital preservation

Michael Carroll, from American University Washington College of Law, is talking about “Copyright and Digital Preservation: The Role of Open Licenses.” (Michael is on the board of Creative Commons.)

NOTE: Live-blogging. Getting things wrong. Missing points. Omitting key information. Introducing artificial choppiness. Over-emphasizing small matters. Paraphrasing badly. Not running a spellpchecker. Mangling other people’s ideas and words. You are warned, people.

Michael begins with a comparison to environmentalism: Stewardship of valuable resources, and long-term planning. There are cognitive challenges, and issues in providing institutional incentives. (He recommends sucking in as much data as possible, and worrying about adding the metadata later, perhaps through crowdsourcing.)

Michael notes that copyright used to be an opt-in and opt-out system; you had to register, and deposit a copy. Then you had to publish with a ©; anything published before 1989 that doesn’t have the © is in the public domain. You had to renew after 28 years, and the majority of copyrights (60%) were not renewed. We therefore had a growing public domain.

The court in Golan upheld Congress’ right to restore copyright for works published outside the US. This puts the public domain at risk, he says. He also points to the Hathi case in which they’ve been sued for decisions they made about orphan works. There is a dangerous argument being made there that if archiving occurs within the library space, fair use goes away. The legal environment is thus unstable.

Now that copyright is automatic and lasts for 70 years after the author’s death, managing the rights in order to preserve the content is fraught with difficulty.

He reminds us that making a copy to preserve the work is unlikely to have market harm to the copyright owner, and thus ought to be legal under fair use, Michael says. “You ought to have a bias toward believing you have a Fair Use right to preserve things.”

He asks: “Can the preservation community organize itself to be the voice of tomorrow’s users on issues of copyright policy and copyright estate planning?” For orphan works, copyright term shortening, exceptions to DRM rules, good practices open licensing in the long term…

And he asks: How can you get the FBs and Googles et al. to support long-term preservation? Michael suggests marking things that already in the public domain as being in the public domain. Otherwise, the public domain is invisible. And think about “springing” licenses, e.g. an open license that only goes into effect after a set time or under a particular circumstance.

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July 11, 2012

Mouse Wars

The United States has scolded North Korea for staging some Disney shows without securing permission.

North Koreans are stunted and blind from malnutrition. North Korea has hundreds of thousands of people in death camps, including the parents and children of those who violated some bullshit law. North Korea makes repressive police states look good. And the US is scolding North Korea for violating copyright? OMFG.

I so want Cory Doctorow to write a book about how World War III was caused by North Korea’s violating of The Disney corporation’s “intellectual property rights.”

BTW, What would be a good title for this? Mouse Troopers? Kim Jong Mouse? The Pirates of North Korea?

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June 4, 2012

Remixing the President

Aaron Shaw has a very interesting post on what sure looks like contradictory instructions from the White House about whether we’re free to remix photos that have been released under a maximally permissive U.S. Government license. Aaron checked in with a Berkman mailing list where two theories are floated: It’s due to a PR reflex, or it’s an attempt to impose a contractual limitation on the work. There have been lots of other attempts to impose such limitations on reuse, so that “august” works don’t end up being repurposed by hate groups and pornographers; I don’t know if such limitations have any legal bite.

Dan Jones places himself clearly on the side of remixing. Here’s the White House original:

And here’s Dan’s gentle remix:

Bring it, Holder! :)

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