“Lovers of print are simply confusing the plate for the food.”
― Douglas Adams

 

NO PICTURES: ebooks and electronic means

mpucc:

Check out this lawsuit between HarperCollins and Open Road Media over the right to publish the e-book version of Julie of the Wolves. The dispute centers on whether the original 1971 HarperCollins contract foresaw and lay claim to the right to e-book publication. Open Road thought not and…

The Past Is Never Dead: Faulkner Estate Sues Woody Allen For Quote in ‘Midnight in Paris’

The suit was filed on Thursday (October 25, 2012 ~ eP)  in Federal District Court in Oxford, Miss., against Sony Pictures Classics, which released “Midnight in Paris,” andreported by Variety (registration required). It hinges on a single scene in the film, when its time-traveling protagonist, played by Owen Wilson, states: “The past is not dead. Actually, it’s not even past. You know who said that? Faulkner. And he was right. And I met him, too. I ran into him at a dinner party.”

Rights vs. Right: The Hubris of Ownership

It would’ve been easy to indulge the instinct to roll my eyes at this laughable anachronism, shrug off the publisher’s voluntary self-deportation from relevance, and refuse to feature the book in righteous indignation. But given how much I want to support Thessaly and Jane’s wonderful work, how much I respect the remarkable roster of contributors, many of whom I know personally, and how much the project sings to my own bibliophile heart, that wouldn’t have been the answer. Instead, I choose to write about the book, but also refuse to perpetuate this hideous underbelly of the old-world publishing pantheon by virtue of tacit silence.

I respect both Sarah Weinman and Maria Popova greatly and follow them both religiously.  Each represents the best of the new world of digital content and social media and both have unwittingly joined forces to illustrate the core foundational problem of this digital evolution which we have yet to adequately address - who controls the rights to reproduction and at what point do those rights shift ownership?

 The book in question here is Jane Mount and Thessaly La Force’s My Ideal Bookshelf published by Little Brown. The book features Jane Mount’s beautiful paintings of the bookshelves of creators, writers, and artists selected by Thessaly La Force. Maria Popova’s Brain Pickings is a wonderful and influential blog and important discovery engine for cultural content. Ms Popova was somewhat upset that Little Brown did not make available for free more than three examples of the paintings which compose the majority of the book’s content. Any more would, according to Little Brown, constitute a subrights deal and be a serialization or reprint of the content. Maria Popova instead scanned pages from the book and called out Little Brown for their “voluntary self-deportation from relevance” and bemoaned the plight of “authors and artists caught in this toxic paradigm and its false choice between going with a big publisher and never reaching an audience”. 

What Ms Popova neglected to mention was the other half of the creators plight - content vultures who abuse the right of fair use in order to siphon off value from the content and away from the creators. Ms Popova speaks of the author’s audience but how much of her post on My Ideal Bookshelf a review intended to call attention to the authors work and how much is intended to excerpt a portion of the work to share with her readers as editorial content as a magazine would? As a review it is quite adequate to show 3 examples in order to understand the general theme of the content. In fact the 15 examples of scanned pages she includes just seems excessive (and a bit vindictive and frankly highlights the redundancy of the work somehow devaluing it). 15 paintings are just about every painting in a 32 page signature. As an editor of a review of the book I would have cut two thirds of them as they add nothing to the piece other than space and distract from the text of the article. 

As an editor for the book trade’s Publishers Marketplace and a book editor in her own right I can see Sarah Weinman’s problem with Maria Popova’s righteous indignation but this also highlights another issue that I believe needs to be addressed. People within the publishing community have a smug, dismissive attitude toward bloggers who write lengthy posts about the assumed cost of ebook creation or loads of charts on sales trends based on guesses derived from Amazon site ranking rather then actual sales numbers. Most people outside the trade do not understand how a book is made or distributed let alone the economics at play and the publishing community is not terribly keen on how advertising how antiquated and inefficient it still is so rather than take advantage of these conversation opportunities we tend to just point out the commentators lack of inside industry knowledge and move on smugly. 

This does nothing but prolong the miscommunication and keeps us from addressing the real core issues that are impeding our transformation into and industry of true digital content creators. Rights are about power and control of content but they are also about definition and the definitions in most publishers dictionaries were written before email existed, let alone Facebook or Instagram. We need to have more open debate and discussion about rights and how in a digital world they impact reprint, reproduction, author royalties, translation, and promotion. Hell, we still do not even have a clear idea of the definition of ebook ownership as Random House has recently shown us. As publishers we feel we have the empirical right to the content we publish and should have complete and unquestioned control of that content and it’s distribution and dissemination. The problem is the digital world is very porous.

Unless we humble ourselves and admit that the very nature of sharing content in a digital world requires new definitions and new business models and that we as publishers no longer have full control of the distribution pipeline and that the pubic has all the same tools we do in order to make and create books, movies and music we run the risk of having other redefine them for us. As a society we have to include the reader and the sharer in the discussion and redefinition of what are the inherent and acceptable rights that govern content in a digital world. Rather than be dismissive we need to be inclusive and open a public dialog.

The most interesting thing to me about this entire spat about the rights to post images of paintings from this book is that the actual creator of said paintings seems to have not been consulted. Ms Popova feels Little Brown is making it too hard for her to promote their book and show enough content at a high enough quality as to allow her readers the feeling of actually reading the book. Little Brown feels that since they paid to create the book they should be compensated for any exploitation of that book and that bending the rules on a case by case basis based on the potential promotional value of the exposure is just too hard and complicated. To both the images in My Ideal Bookshelf are jpegs and PDFs and the argument is about the difficulty in the decision process and convenience of sharing those image files and those files inherent value.

Here is a video of Jane Mount showing just how much work goes into creating one of the paintings behind those jpegs. More than one hundred of those paintings comprise the book. The book retails for $15.61 on Amazon. I am pretty sure Jane Mount has an opinion on the value of those jpegs and just where the line of compensation and fair use should be drawn.

Are rights restrictions hurting access to public domain heritage material?

Heritage material plays a powerful role in shaping the collective identities of societies and civilisations, and provides the platform upon which humankind develops. This makes it highly important for the policies and practices surrounding book digitisation to be maintained to the highest possible standards, otherwise the act of preserving, accessing and using knowledge risks being compromised. The Reclaiming New Zealand’s Digitised Heritage project was initiated to explore ways in which this can be ensured.

What was found highlights one of the most critical issues facing digital publishing and archiving. It turns out that even though 98% of the 100 digitized books were downloadable; only one had no licensing restrictions.

It is also concerning that virtually all public domain works have licencing restrictions added after the act of digitisation. Balanced analysis highlights that there are some legitimate reasons for applying access or usages restrictions to public domain works. Unfortunately, however, there are also many instances where arbitrary restrictions are being applied to the detriment of the public good.

Lots of interesting information that applies internationally and some good recommendations. FULL ARTICLE  

As many surmised, the key phrase in Random House’s communications is “authorized library wholesalers.” In the context of the LJ article, Random House was using a definition of “ownership” that you won’t find in Webster’s dictionary, conveying rights where none exist. In fact, Random will not sell directly to libraries or library consortia, although Mr. Dye reiterated that they continue to evaluate many alternative library business models. RH’s approach in the library market is to vet potential library market distributors for auditing, accounting, security, and other business functions, and then permit libraries to acquire titles from that short list of approved bureaus. In Random’s view, libraries “own” the titles they purchase to the extent that they should be able to migrate their ebook catalogs from one platform, such as Overdrive, to another, such as 3M. That’s very nice. It’s just not ownership. It’s licensing, with benefits. Library customers of RH titles do not have the ability to transfer their titles to an unapproved platform, such as Califa or Open Library; they cannot resell or donate their ebooks; and there is no mechanism for libraries to receive ebook donations directly from consumers. All that libraries “purchase” from Random House is a verbal commitment to assist libraries in moving their Random House ebooks from one approved commercial platform to another.

Random House Did Not Mean Own, Exactly | PWxyz (via infoneer-pulse)

Of course we knew there was going to be a “What we meant to say was..” moment as soon as the word ‘own’ was used. ~ eP

Authors should treat an ebook’s Library Rights as a point of negotiation like Foreign and Translation Rights.

For up and coming authors libraries can be a great marketing opportunity and for older more established authors a great way to expose backlist to new readers. Publishers have been reluctant to play with libraries in order to protect their profits and sales and have yet to figure out what role they want libraries to have. As long as publishers control the rights to library distribution  rather than push to take full advantage of the role of libraries to promote and expose an author’s book to the hundreds of thousands of people with library cards that visit libraries daily in communities, schools, and Universities across the world they will choose to put up barriers and stall and limit ebook distribution to them. 

If authors feel strongly about their libraries and their ability to carry and loan ebooks then keeping back library rights and distributing them themselves will begin to put pressure on publishers to establish viable library pricing policies and DRM strategies that work for everyone. 

Who inherits your iTunes library?

infoneer-pulse:

Many of us will accumulate vast libraries of digital books and music over the course of our lifetimes. But when we die, our collections of words and music may expire with us.

Someone who owned 10,000 hardcover books and the same number of vinyl records could bequeath them to descendants, but legal experts say passing on iTunes and Kindle libraries would be much more complicated.

And one’s heirs stand to lose huge sums of money. “I find it hard to imagine a situation where a family would be OK with losing a collection of 10,000 books and songs,” says Evan Carroll, co-author of “Your Digital Afterlife.” “Legally dividing one account among several heirs would also be extremely difficult.”

» via MarketWatch

Your personal curated library of ebooks says volumes (sorry) about you. Ownership of digital content has powerful social implications beyond publishers and author royalties. This is vividly clear for everyone who proudly has a book  from a parent’s personal library on their shelves.  Our ability as a culture to pass on knowledge to our family is very important. My legacy to my son shouldn’t be just a playlist or Amazon wishlist. Very interesting topic. ~ eP 

A familiar chart that shows no real surprises but what often goes unmentioned is these are primarily all English language eBooks. The war won’t be won on format or price but on world rights.

A familiar chart that shows no real surprises but what often goes unmentioned is these are primarily all English language eBooks. The war won’t be won on format or price but on world rights.