Top Posts of 2011: Fair Use Frequently Asked Questions (and Answers)

This FAQ, from The Electronic Frontier Foundation (EFF), originally appeared on the EFF site on 3/21/02 and was excerpted and linked on Publetariat on 9/21/10. It has received 4648 unique pageviews since it first appeared and was among the most popular posts on Publetariat this year.

1. What is Fair Use?

In essence, fair use is a limitation on the exclusive rights of copyright holders. The Copyright Act gives copyright holders the exclusive right to reproduce works for a limited time period. Fair use is a limitation on this right. A use which is considered "fair" does not infringe copyright, even if it involves one of the exclusive rights of copyright holders. Fair use allows consumers to make a copy of part or all of a copyrighted work, even where the copyright holder has not given permission or objects to your use of the work.

 

2. How does Fair Use fit with Copyright Law?

Copyright law embodies a bargain: Congress gave copyright holders a set of six exclusive rights for a limited time period, and gave to the public all remaining rights in creative works. The goals of the bargain are to give copyright holders an economic incentive to create works that ultimately benefit society as a whole, and by doing so, to promote the progress of science and learning in society. Congress never intended Copyright law to give copyright holders complete control of their works. The bargain also ensures that created works move into "the public domain" and are available for unlimited use by the public when the time period finishes. In addition, as part of the public’s side of this bargain, U.S. Copyright law recognizes the doctrine of "fair use" as a limitation on copyright holders’ exclusive right of reproduction of their works during the initial protected time period.

The public’s right to make fair use of copyrighted works is a long-established and integral part of US copyright law. Courts have used fair use as the means of balancing the competing principles underlying copyright law since 1841. Fair use also reconciles a tension that would otherwise exist between copyright law and the First Amendment’s guarantee of freedom of expression. The Supreme Court has described fair use as "the guarantee of breathing space for new expression within the confines of Copyright law".

3. How Do You Know If It’s Fair Use?

There are no clear-cut rules for deciding what’s fair use and there are no "automatic" classes of fair uses. Fair use is decided by a judge, on a case by case basis, after balancing the four factors listed in section 107 of the Copyright statute. The factors to be considered include:

  1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes — Courts are more likely to find fair use where the use is for noncommercial purposes.
  2. The nature of the copyrighted work — A particular use is more likely to be fair where the copied work is factual rather than creative.
  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole — A court will balance this factor toward a finding of fair use where the amount taken is small or insignificant in proportion to the overall work.
  4. The effect of the use upon the potential market for or value of the copyrighted work — If the court finds the newly created work is not a substitute product for the copyrighted work, it will be more likely to weigh this factor in favor of fair use.

4. What’s been recognized as fair use?

Read the rest of the FAQ on the EFF site. More in depth information about Fair Use issues can be found at Chilling Effects.

Top Posts of 2011: The Next 10 Ebook Trends

This post originally appeared on the Online Colleges site and is reprinted here in its entirety with that site’s permission. It originally appeared on Publetariat on 8/3/11 and has received 3314 unique pageviews since it first appeared. It’s been one of the most popular posts on Publetariat in 2011.

No matter one’s opinion of ebooks and ebook readers, it’s highly doubtful they’re going to just up and disappear anytime soon. Since they’ve already started infiltrating bookstores, libraries and schools, now makes for a great opportunity to start evolving and better meeting various consumer needs. Exactly how this comes about remains to be seen, obviously, but gadget gurus and digital enthusiasts certainly have some interesting ideas about what ebook trends might start cropping up soon.

 

1. Bundles
Whether packaging a print edition along with the ebook, blending digital versions of an author’s entire oeuvre or organizing reads thematically, many ebook enthusiasts think bundles will inspire quite the popularity surge. The added incentives might very well sway individuals and institutions unsure about whether or not they want to embrace the admittedly expensive technology.

2. Social reading sessions
Online book clubs are actually quite common these days, but ebooks have yet to really seize upon their potential. Beyond offering up discussion questions, readers themselves could include ways for members to communicate with one another via audio or video, or promote even better integration with some of the technologies and organizations already available.

3. Greater interactivity
Ebook users don’t have to set up a book club to enjoy a greatly enhanced reading experience! The digital format allows a far higher degree of interactivity than the traditional paperback, and the potential is limited only by an author’s or programmer’s imagination. Books aimed at young children might especially benefit from this trend — think of how the audience might respond to animations of their favorite illustrations!

4. Authors go straight to ebook publishers
Rather than waiting on their publishing houses to transfer their works over to ebook format, more and more authors are bypassing the traditional system altogether and submitting straight to the producers themselves. And for those looking into self-publishing, pursuing such opportunities may very well mean the difference between floundering in obscurity and hitting the ebook bestseller list.

5. Monetized content
Not everyone will necessarily dig embedded ads in their ebooks, even unobtrusive ones, but that doesn’t mean publishers and companies won’t try to cash in on the technology. All the same, though, monetized content doesn’t have to mean staring down "CLICK HERE!" in the middle of Cat’s Cradle. It could be anything from downloadable content — along the lines of many video games — to subscription services.

6. Different formats for different genres
As ebook readers gain popularity and become more sophisticated, it may come to pass that different genres might end up housed in different technologies. The computerized equivalent of hardcovers versus softcovers, in other words. Kindles and Nooks are excellent for converted novels and nonfiction, but prove a bit too small for textbooks. Larger, more specialized devices could easily come about in order to house "heavier" content.

7. More indie epublishers
With plenty of authors heading straight for ebook publishers and bypassing the usual mainstream channels, now’s an incredible time to be (or even launch) an independent "label." So many talented individuals have excellent stories to tell and research to share, tech-savvy entrepreneurs and editors probably won’t have a difficult time finding viable content. Because if this, it makes perfect sense that more and more digital publishing — and even self-publishing — houses will start springing up.

8. A greater decline in traditional bookstores
Even those without a business degree see Borders’ recent bankruptcy and closing as the death knell for traditional bookstores. Although it may be a bit premature to declare such a thing, the format certainly needs to adapt and change if it hopes to survive. So while the familiar setup might not "die" like Borders, over time it’s going to start looking a lot different. Barnes and Noble, for example, released the Nook in order to compete with the evolving market. As ebooks continue climbing, it and other book carries will have to find new ways to pick up the slack.

9. Increased royalties from ebook sales
Since ebooks are becoming more profitable, authors (not to mention their agents!) will probably want to see more royalties coming in from their availability. Understandably so! If publishers wish to retain their talent — not to mention attract some awesome new names — they’ll have to start paying up for more than just the bound books.

10. Free ereaders?!
It probably sounds insane right now, but the declining cost of ebook readers mean more can be handed out for promotional purposes. Book clubs, publishers and other businesses or organizations might charge consumers a membership or subscription fee, providing the device completely gratis. No different than cell providers receiving money in exchange for air time and comping the phone as an added incentive to sign up, really.

 

Top Posts of 2011: Five Proofreading Techniques Every Talented Writer Should Know

As a service and holiday treat to our readership, Publetariat will be re-printing the top posts of 2011 between now and the end of the year. We begin with this guest post from Randall Davidson, which originally appeared on Publetariat on 6/1/11. It was the most popular post on Publetariat for all of 2011, and has received a total of 13,898 pageviews since it first appeared.

Professional proofreaders use a number of proofreading techniques in order to produce the most polished and error-free results for their clients. These methods allow them to maintain their concentration on the material while ensuring that it is thoroughly checked for mistakes and necessary corrections. By adopting these proofreading techniques, authors and small business owners can improve the quality of their written communications.

 

  1. Double check. Most professional proofreaders check each project at least twice in order to ensure that no mistakes have been overlooked during the first pass. This can also help proofreaders to detect errors that may have been caused during the correction process itself, offering additional protection against mistakes at every stage of the proofreading process.
     
  2. Take a break. One of the most underrated proofreading techniques is also one of the most obvious; taking a break during the proofreading process can be exceptionally helpful in maintaining the necessary focus on the task. By stepping away from the project for a few minutes, proofreaders can often achieve a better perspective on the work both as a whole and in terms of spelling, grammar and punctuation. This can allow them to detect errors more efficiently and effectively.
     
  3. Look it up. A number of online proofreading resources are available to proofreaders in need of spelling clarification or grammatical help. Google can be useful in cases in which a word has been misspelled in a way that makes it difficult to identify. A dictionary is another obvious source of spelling information. By looking up any words that appear questionable or unfamiliar, proofreaders can ensure that the finished work is of the highest possible quality.
     
  4. Divide and conquer. Splitting the proofreading process into various stages can help keep the process fresh and the proofreader alert. Spell checking typically constitutes one phase, with grammar, style and punctuation each comprising one of the other three stages of the process. The same effect can be achieved by a multi-tier approach; by approaching the material first word-by-word, then by the sentence, then by the paragraph and finally in sections, the proofreader can achieve optimal results. This strict method of ensuring repeated viewings of the same material can provide surprisingly effective proofreading results.
     
  5. Call for backup. Even professional proofreaders consult with each other on long and complex projects. Small business owners and individuals can achieve the same results by enlisting the help of a professional proofreading firm.  These professionals can often identify mistakes that might otherwise go uncorrected, creating a final document that presents the information in the most professional manner possible.

Randall Davidson is a co-founder of ProofreadingServices.Us, a rapidly growing professional proofreading services company committed to providing others with the tools necessary to produce polished documents. He does this both through the informative articles he writes and through the high quality online proofreading services that ProofreadingServices.Us provides.

Top Posts of 2011: Where to Submit Your Book for Review

This post originally appeared on Publetariat on 2/24/09, has received 6547 unique pageviews since it first appeared, and is one of the most popular posts of this year.

Book reviews can be a powerful marketing tool for books of all types. Potential customers learn about books by reading reviews in newspapers, consumer magazines, professional journals, newsletters, ezines, book review websites, and other websites and blogs. In addition to bringing books to their attention, well-crafted reviews also help the reader determine if a book is a good fit for them.

Submitting books for review can be time consuming and the costs can add up quickly, but the selling power of reviews is well worth the effort. You can save time and money by planning in advance and being selective about where you send review copies.

When submitting review copies to publications, make sure your book’s subject matches the audience and the book meets the publication’s review guidelines. Some publications only review certain types of books and some only review prior to or within a certain time after publication. For example, The New York Times only reviews books available in retail bookstores.

Book reviews in newspapers are getting harder to come by, but many special interest magazines and newsletters do book reviews or mention books in articles related to the book’s topic. Publishing expert Dan Poynter sells lists off special interest publications in dozens of subject areas for a modest fee.

Bookstore buyers and librarians base many of their ordering decisions on reviews in the major book review journals. Eligibility and submission instructions vary by publication, so be sure to read the requirements carefully.

Online reviews can also be a great book marketing tool. Having lots of good reviews on Amazon.com can boost sales, especially for nonfiction books where customers are comparing several different books on a particular topic. There are numerous other websites that feature book reviews.

For a list of online book review sites, along with tips on getting reviews on Amazon.com and other websites, read Annette Fix’s article about online book reviews at the WOW! Women on Writing website. Yvonne Perry at Writers in the Sky has also compiled a list of people and organizations that do book reviews.

Use caution when sending review copies to individuals who request them. Some people have good intentions, but simply won’t find the time to write a review, while others offer to write reviews mainly as a way to get free books. If you don’t know much about the reviewer, it might be a good idea to politely inquire what other book reviews they have done and where they were published.

"I sent copies of my book to book bloggers who responded to my email that they indeed wanted to review the book, but who never reviewed it. I later realized that I wasn’t anyone to them, so my book got buried in the avalanche of books they receive," says Phyllis Zimbler Miller of MillerMosaic.com. "I found that bloggers on my virtual book tour and book reviewers whom I connected with through social media were much more committed to actually reviewing my book." For more tips from Phyllis, see this book review article.

Several services, including Kirkus Discoveries and Clarion, offer paid review services. The practice of paying for book reviews is controversial. Some people think that paid reviews are biased since they are done for a fee and that it’s a waste of money. Others maintain that paid reviews are just as fair as other reviews and that reviewers need to be compensated for their time.

Librarians and booksellers know which publications do paid reviews, so reviews from those sources won’t carry much weight with them. Paid reviews could generate good quotes for consumer marketing purposes, but there are so many places to get free book reviews that it’s generally not necessary to pay for reviews.
 
Wherever you choose to send your galleys and review copies, plan ahead and get them out as quickly as possible. And, whenever customers give you good feedback on your book, be sure to ask for permission to add their quote to your testimonial list and ask if they would be willing to post their comments on Amazon.com.

Book marketing coach Dana Lynn Smith is the author of the Savvy Book Marketer Guides, a series of book marketing ebooks that are available at http://www.SavvyBookMarketer.com. For free book marketing tips, visit http://www.BookMarketingMaven.com.

Who Should Be Acknowledged In Your Book?

Here is a guide to help get you started in building the acknowledgements page of your new book. Your acknowledgements page does not need to be an exhaustive listing of every last person that help you. But at the very least, you must include all the people that had an important impact on you and your book. And, of course, the bigger your book, the longer the acknowledgments page, or pages, will be. Explain to your readers, in a narrative form, exactly what each person did to help you complete your book.

And don’t forget that the acknowledgments page is showing your readers that many people were involved in helping your book come to life. This will make your acknowledgments page become a great way for you to not only thank those that helped you, but also show your readers that you had many people helping you build a credible book. And don’t forget, the acknowledgments page is not the same as the dedication page.

Family: Your parents, spouse, children, siblings, and relatives who supported your efforts while writing your book. In my case, my mother does errands for me so that I can stay in front of the computer writing. My kids are experts at finding information on the internet. My wife helps with editing and freely offers constructive criticism of my work. I generally find extra time to write by getting up in the morning before everyone else does, and staying up later at night after everyone else has gone to bed. The family plays a very big part in the success of my books.

Sources: Anyone, such as librarians, teachers, professors, or industry experts, that provided data or information that was used in your book. In addition, anyone that you interviewed that provided useful information and assistance. Be specific in what each source provided for your book.

Editors: Make sure that you list any editor that helped you complete your book. Be specific in describing what each editor helped you with.

Researchers: Anyone that took the time to assist you in finding data and information in the library or on the internet, etc. Don’t forget those college interns and librarian assistants. Again, mention what research was found and by whom.

Illustrators/Photographers: These are the people that helped bring your text to life. If you used illustrators and photographers, you will certainly have a lot to tell the reader about them.

Graphic Designers: You should also give the name of those that designed your book’s interior, as well as your book’s cover. Discuss some of the great designs that they gave you to choose from.

Mentors: These are all the people that taught you the ins-and-outs of your business and career. These are the people that you credit with helping you move up within in your industry.

Writing and Publishing Coaches: If you used a coach, mention in what ways they helped you. These people save you a lot of time and grief. These people have much more experience with writing and publishing, and help you in creating a professional looking book.

Writing Buddies: The one can cover people such as your co-author or even a co-worker that you bounce ideas off of. Don’t forget your professional acquaintances that you work with and share ideas with. Of course, if you had a co-author for your book, you should have a lot to tell your readers about how your writing relationship with this person greatly enhanced your book.

Publisher: If you used a publisher, mention each person at the publisher that actually helped you improve your book. Mention what each person at the publishing company did for you and your book.

Foreword Author: You will owe a great debt of gratitude to this person. A proper foreword will have a great impact on the financial and critical success of your book. In some cases, this person might also be one of your mentors.

All The Rest: Here you can give a blanket “thank you” to the countless others that assisted you in finishing your book. This includes those that helped with research, writing, and editing, and those that helped you to develop and understand the concepts that you write about in your book.

This article was written by Joseph C. Kunz, Jr. and originally posted on KunzOnPublishing.com.

Self-Publishing And Ebook Predictions For 2012 With Steven Lewis From Taleist

It seems that every week brings a new development in the world of digital publishing and indie authors have varied opinions on what’s happening. In this interview I discuss some of the latest events and also debate what 2012 holds.

 

Steven Lewis is an author, podcaster and at Taleist he helps writers become published authors. He has just posted Self Publishing and Ebook Predictions 2012 on his blog which we discuss today. [Video and podcast at the bottom of the text]

  • One of the comments in the article is ” 2012 is the year things get bad for traditional publishing industry”. My thoughts are more that there’s a split between publishers going digital and those that are not. Steven comments that for publishers going digital the problem is pricing and customers think the price has to be low. 99c – $4.99 which in some cases still doesn’t cover the costs of all the editing, design etc. People won’t pay print prices, that’s a given but where is the limit. Publishers will find it tough to run the publishing machine with less income.
  • Publishers will be trying new things in 2012. Penguin opening up to ‘self-publishing’ is actually more like vanity publishing. None of us want to see the end of publishers and bookstores but things will continue to shift.
  • Steve thinks Amazon has to start doing something about the crap that is being published in 2012. The spam, the hardcore pornography and the things that come up in searches. They have to clean it up but there have been problems with Amazon trying to get rid of what some people think is wrong e.g. gay/lesbian writers. We have to balance free speech with what is genuinely awful. I prefer to think of the customer as the gatekeeper as I am browsing by categories, ranking etc. The new stigma will be ‘not selling’ as opposed to self-publishing.
  • What else will Amazon do in 2012? We discuss Kindle Select. It’s basically a way for self-publishers to put their book into the Kindle Prime lending program where members can borrow books. Amazon has put $500,000 in a pot and that is shared pro-rata depending on how many books & how many borrowed. You have to commit to 90 days exclusivity, so you can’t publish it elsewhere. It’s not an income strategy really. But what is interesting is that you can put your book for free for 5 days so you can control your timing on using free as a marketing tactic. Steven isn’t happy about this as he says we’re training readers that books should be free. I disagree and point to CJ Lyons’ article here as she uses free as a teaser to boost the sales of her other books. Steven has a full article here on KDP Select  if you want to read the long version. Amazon’s job is to make an offer and it’s up to the author to decide what’s best for their book. We’ll also re-examine this after at least a month’s worth of data.
     
  • Check out David Gaughran’s article on KDP Select: How much do you want to be paid tomorrow?
  • Steven gets upset at my comparison of KDP Select to a library. My point is that it’s more about marketing and getting your books in front of more people. Personally, I will probably put one book into KDP Select but keep most of them out.
  • Will there be better tools for authors in 2012? Steven says it’s unlikely we will get much further than the basic formatting for mainstream books. I mention the FutureBook conference where I met publishers doing some really interesting work with transmedia and apps. This is something that we as self-publishers can’t do ourselves so if you have these ideas for cross-media ideas it would be better to work with a publisher. Authors also underestimate the amount of time to do all the things you can do and focusing on what will work for you. It’s a triathlon – you write, publish and promote but promotion also goes on forever. The cost is often in the time.
  • If we’re basically seeing an expansion of mainstream print books, we have to get better at marketing. Reading works as it is, there doesn’t have to be a change. You really still only have to write books. You don’t have to do apps and all that multi-media. I’m interested in doing audiobooks. Steven has some experience of this and doesn’t find it a huge market but it’s definitely something that we are keen on taking further. It’s not about the money, more about the marketing.
  • Amazon moving into international markets. I specifically want India to come online as a huge English speaking market. We note how Amazon keeps surprising us. There are no rumours, they just do it. They can move into these countries very easily and will do as soon as they are ready. Steven & I get annoyed about all the differences in pricing and sales tax.
  • Advertising in ebooks. Authors will do it and Amazon is also putting ads on the Kindle. Steven even likes the advertising on his Kindle as it offers things the reader wants. Seth Godin with the Domino Project did get companies to sponsor the book and give it away for free. It’s not radically different to what we are used to now. Authors will also be able to advertise in each others books. Bloggers can join in an advertising network, so why not authors? Join in an advertising campaign and see what happens with it. You definitely need to use your Kindle book to advertise your own books. Make sure you hyperlink to Buy Now for each of the books you have available. Think about linking up with other authors and advertise each others but be careful.
  • We talk about Scrivener and exporting to Kindle formats. The pros and cons. Check out David Hewson’s book “Writing a book on Scrivener
  • Amazon continues to dominate but we discuss Kobo which has great statistics, like when people stop reading your book & people can interact socially about it. Nook Color vs Kindle Fire. What’s happening with the other players in the market? It’s very hard to challenge Amazon’s place in the market now, they are so entrenched. They are also selling their devices at less than cost. It would be great to see some decent challenge to Amazon as with great power comes great responsibility and with all our eggs in one basket, they could turn around and change royalty rates later.
  • As indies getting on everything other than Amazon KDP, our options are Smashwords and BookBaby, that’s about it. Will there be other options for us? or will Smashwords expand their offering. We love Smashwords but recognise the immense amount of work it is for Mark Coker to manage the company now it’s really taken off.
  • Steven reckons Amazon will play hardball with the other players in 2012, e.g. asking for exclusivity. They also might move to a verification method for self-publishing e.g. paying $50 instead of free. It’s Amazon’s reputation at risk with the crap that is flooding the store. Serialization may also become available as a new model. Exciting times overall!

You can find Steven at Taleist.com and also on Twitter @Rule17

What do you think will happen in publishing in 2012?

 

This is a cross-posting from Joanna Penn‘s The Creative Penn.

Give Your Favourite Fiction Some Cashmoney Love For Christmas

I’ve just been to a few of my favourite fiction podcast sites – places like Pseudopod and Podcastle, among others – and donated a few dollars their way. I’m a starving artist, but I love to listen to the things they produce and they pay their authors well. It’s in all of our interests to support them. They all have an option on the site to subscribe (by paying a regular amount every month) or to simply donate once.

When we buy a magazine – in ebook or print – we’re directly helping that publication to stay alive. But so much content online these days is essentially free and relies on the generosity of its fans to keep it going. I read a thing recently that talked about how downloading doesn’t really cost sales. From the article:

 

The report states that around a third of Swiss citizens over 15 years old download pirated music, movies and games from the Internet. However, these people don’t spend less money as a result because the budgets they reserve for entertainment are fairly constant. This means that downloading is mostly complementary.

On the whole, people can be honest and kind and they do value the things they consume. I’m firmly against DRM and all for open source and Creative Commons. I think it engenders a greater sharing of art and a greater consumption overall. The Swiss study cited above seems to validate that opinion. I know for a fact that I’ve bought music from a band I discovered via downloads. I’ve bought books by authors after borrowing one of their works from a friend too, and that’s exactly the same thing. It’s all about learning that these things exist, discovering that we like them and subsequently paying for those things we enjoy.

With stuff that’s always free, however, like podcasts, it’s not so easy to follow that line of action and end up giving back. So we have to make that little bit of extra effort and find a way to give. Most podcasts, ezines, magazines, publishers and so on have a PayPal option on their site for you to drop a few shekels through and show your appreciation. Tis the season to be loving and generous, so get online and get clicking. Throw some cash around. It only has to be the cost of a few beers and you’ll be making a real difference to your culture and the livelihoods of struggling artists like myself – we need places to sell our work to, and they need cookies to pay us. It’ll make you a better person, I promise.

(Incidentally, Thrillercast has a donate button too. Just, you know, in case you were interested.)

 

 

This is a reprint from Alan Baxter‘s The Word.

Google+ : Do Writers Need It?

When Google launched Google Plus (Google+) a few months ago in their latest attempt to gain a foothold in the social media world, a lot of people weren’t sure whether to applaud the move or bemoan the fact that we had another place to try to build a community.

After all, the world of social media isn’t exactly lacking in things to keep authors who want to market their books occupied. You can work on building a tribe on Facebook, promote and connect with people in your niche on Twitter, keep track of colleagues and discussions on LinkedIn, and maintain relations with readers on Goodreads. Isn’t that enough?

 

The New Kid Has Some New Tricks

And yet Google+ quickly grew to millions of members and is now the fastest-growing social media site in history. Faster than Facebook, faster than Twitter, faster than LinkedIn. Right now, by recent estimates, there are already more than 40 million people using the service.

There are really good reasons it’s become so popular so quickly. Some of these reasons make Google+ a great location for authors. Let’s take a look at three features that distinguish Google+ from the other networks we’ve come to know, and see where these features present opportunities for self-published authors.

Circling

Before talking about the features, take a moment to enjoy the look and feel of Google+. I don’t know about you, but I find the Facebook interface—at least the last time I looked—to be quite busy and distracting. Twitter, of course, isn’t encumbered with much of an interface, since it’s mostly a stream of short text messages.

Google+ for writers

Contrast that to Google+, which bears the mark of most Google designs. Simple, spare, blue and white, and lots of “negative” space make it seem clean and functional, focusing your attention on the content that’s being shared rather than the accoutrements of the interface.

On Google+ there are no “followers.” Instead you can “circle” people and they can circle you. But you don’t just add people to a circle; you can have many circles if you like, and each can have its own uses. For instance, you can sort people you circle into different areas, like high school friends, colleagues, friends you like to play music with, or bloggers who review books. People can be in more than one circle, too.

When it becomes time to share something, you decide which circles will receive it, or if it’s available to the public (that is, anyone at all on Google+).

Google+ for writers

This solves the ongoing problem I have with Facebook, and I suspect a lot of you have too: mixing personal and professional contacts. With Google+, the ability to segment your interests is built into the program, an intrinsic part of its functioning.

One thing that this makes immediately obvious is that you can craft messages, shares and announcements for specific groups. Authors can easily maintain lists of book reviewers, readers, media contacts, editors, designers, and other authors.Segmentation is the foundation of direct marketing, so this ability alone gives you the opportunity to market in new ways.

You can also follow the circles other people have put together, which is a quick way to gain access to the updates and information being published by leaders in your field.

Hangouts

One of the amazing features Google+ incorporated from the beginning is Hangouts, the ability to have quick video chats with other Google+ users.

If you’ve ever wrestled with videoconferencing software or services, this is an amazing feature. With no more effort than just clicking the “start a hangout” button and inviting others to join you, you can instantly have a real-time video conference right inside Google+.

Authors could use this capability for face-to-face meetings with their editors, to have a chat with a designer, or to bring in virtual assistants and marketing people for a strategy session on a book launch. The ideas for hangouts are pretty endless, and that’s even before you start using them to connect to readers.

Shares

Some people have tried to explain Google+ as being somewhere between Twitter’s rapid-fire text updates and Facebook’s robust photo- and video-sharing abilities.

But Google+ is really different from both other services, and one reason is the flexibility of sharing. On Twitter, of course, you’re limited to 140 text-only characters, although updates are often used for links to other content.

Google+ for writers

On Facebook, the status updates are limited to 420 characters, enough to write a very, very short story perhaps (see Lou Beech for examples). On Google+, I don’t think there’s much of a limit. You can post a one sentence update, and it makes sense. Or you can post an entire article if you like, with photos, videos or other content as part of it. Darren Rowse, for instance, the author and professional blogger, uses Google+ this way to communicate with his vast tribe.

This flexibility combines really well with the ability to segment your lists, since not all communications with all communities can be made to conform to the same restrictions. For instance,

  • you might want to send a 300-word article to your community similar to an email update.
  • short messages to marketing partners like affiliates or other authors in a blog network are just as easy.
  • personal messages with a photo gallery from a trip or celebration can easily be shared with friends and family.

Altogether, Google+ has made a big impression on the social media community. Many users report spending a lot less time on Facebook, as the clean, uncluttered, and easy-to-use interface attracts them. Others say they enjoy the longer communications possible and don’t market quite as much on Twitter. There are communities of authors, readers, and lots of other kinds of people forming on Google+.

All of these developments will become more and more important to you as an author as the service continues to grow. Google has just recently added the ability to create pages for businesses, brands, products and companies.

The more Google+ grows, the more Google will combine it with its search, video, and advertising streams, and that combination is potentially explosive. I think you should be on Google+, and it looks like it’s going to be a great destination for some time to come.

If you have a Google account, you can just go fill out your profile and spend some time checking it out. I think you’ll like what you see.

Google+ Resources for Writers

Debbie Ohi’s master list of literary people on Google+
The Mashable.com Guide to Google+
Book reviewer Natalie Luhrs’ site on Google+
Jason Boog’s GalleyCat roundup of writers on Google+

This article was originally published as “Is Google+ Good for Writers?” on CreateSpace.com on November 17, 2011

 

 

This is a reprint from Joel Friedlander‘s The Book Designer.

In A World With Amazon, Whither The Small, Independent Bookseller?

There’s been much commentary about Amazon’s new KDP Select program, as well as about its one-day price comparison app promotion, some of which we’ve been sharing here on Publetariat. The debate rages on, and now branches out into the question of the impact programs like this and mega-bookseller Amazon have on small, independent booksellers. Surprisingly, there are well-considered arguments on both sides.

Independent Bookseller Bob Spear quotes from an open letter American Booksellers Association CEO Oren Teicher, written in response to Amazon’s one-day, bricks-and-mortar price comparison app promotion:

Despite your company’s recent pledge to be a better corporate citizen and to obey the law and collect sales tax, you created a price-check app that allows shoppers to browse Main Street stores that do collect sales tax, scan a product, ask for expertise, and walk out empty-handed in order to buy on Amazon. We suppose we should be flattered that an online sales behemoth needs a Main Street retail showroom.

Forgive us if we’re not.

We could call your $5 bounty to app-users a cheesy marketing move and leave it at that. In fact, it is the latest in a series of steps to expand your market at the expense of cities and towns nationwide, stripping them of their unique character and the financial wherewithal to pay for essential needs like schools, fire and police departments, and libraries.

Over on Slate, Farhad Manjoo takes the controversial position that buying books on Amazon is better for authors, better for the economy, and better for you, because (in his opinion) small, local booksellers aren’t really doing consumers much of a service by comparison:

…I was primed to nod in vigorous agreement when I saw novelist Richard Russo’s New York Times op-ed taking on Amazon’s thuggish ways. But as I waded into Russo’s piece—which was widely passed around on Tuesday—I realized that he’d made a critical and common mistake in his argument. Rather than focus on the ways that Amazon’s promotion would harm businesses whose demise might actually be a cause for alarm (like a big-box electronics store that hires hundreds of local residents), Russo hangs his tirade on some of the least efficient, least user-friendly, and most mistakenly mythologized local establishments you can find: independent bookstores. Russo and his novelist friends take for granted that sustaining these cultish, moldering institutions is the only way to foster a “real-life literary culture,” as writer Tom Perrotta puts it. Russo claims that Amazon, unlike the bookstore down the street, “doesn’t care about the larger bookselling universe” and has no interest in fostering “literary culture.”

That’s simply bogus. As much as I despise some of its recent tactics, no company in recent years has done more than Amazon to ignite a national passion for buying, reading, and even writing new books.
 

In a rebuttal to Manjoo, on Flavorwire, Judy Berman explains why she feels he’s giving small booksellers short shrift:

I find it sad, actually, that Manjoo — a generally sharp and smart technology writer — finds clicking around on Amazon to be more fun than browsing the shelves of a real-life bookstore where (gasp!) one might actually interact with other book lovers. It also seems specious to argue that Amazon customer reviews are more useful than the advice of an independent bookstore employee or owner, who presumably has more knowledge of and enthusiasm for literature than your average unknown dude typing angrily in his parents’ basement. A bookseller, for example, would probably not opine that Jane Eyre is “a longer story of 456 pages in which really could have been written well in half the length.”

 

Mark Coker believes the KDP Select program is wholly predatory, and bad for authors, publishers, and booksellers alike. As he writes in his blog post on the matter:

Impact on authors:

  • Forces the author to remove the book from sale from the Apple iBookstore, Barnes & Noble, Sony, Kobo, Smashwords and others, thereby causing the author to lose out on sales from competing retailers.
     
  • By unpublishing a title from any retailer, the author destroys any accrued sales rank, making their book less visible and less discoverable when and if they reactivate distribution to competing retailers

     

  • Makes the author more dependent upon Amazon for sales. Do you want to become a tenant farmer, 100% dependent upon a single retailer? As some of you history buffs may know, tenant farming, and the abuses of power by landlords, was a primary contributor behind the great Irish potato famine.
     

Author LJ Sellers, on the other hand, feels her decision to offer some of her work through KDP Select was merely a formality since most of her sales come through Amazon anyway:

…I don’t want to see Amazon become a monopoly or have it be the only place my books are available. I want readers to have choices. Still, to survive financially, I may have to climb on board the Amazon train and let go of the idea that I’m an independent author.

Two issues are on deck for me right now. First, is the lending library that everyone’s buzzing about and some are calling predatory. Amazon called me two weeks ago to pitch KDP Select to me personally. Surprised by the contact, I assume it’s because I have ten books on the market and sold quite a few on Kindle last year.

My only concern was the exclusivity issue, but in the end, I decided to enroll two of my standalone thrillers. Which means I had to pull those books from all other e-readers. I wasn’t making enough money on them from any other sources for it to be a financial decision. My hesitation was based only on my commitment to give readers full access to my books.

But the promotional opportunity Amazon offered—a five-day giveaway of the books—was hard to resist. The exposure could be invaluable. Right now, The Suicide Effect is being downloaded in record numbers. Because I have nine other books for new readers to buy, this could turn out well for me. I’ll know in the next month or so.


Bookavore
examines the corporate culture and business practices of Amazon, as they trickle down to readers:

At this point I am thinking one or all of the following must be true:

  1. The company culture at Amazon is in some part developed on the back of a scrappy underdog mentality that can only, given their current dominance, be furthered by deliberate business decisions that allow the company to feel like a misunderstood victim
     
  2. The marketing department has hard data showing that given the general miasma of free market exhortation in modern political discourse, consumers respond enthusiastically to offers that deliberately and overtly screw over competition, in large enough numbers to make any negative press a moot point
     
  3. This is all part of an elaborate campaign to make decisions that compel Amazon’s competition and detractors to come out in numbers ruing their predatory and unethical practices, which given the reactive nature of the Internet will give Amazon’s defenders endless chances to label the detractors as old-fashioned, elitists, nostalgia-hounds, and/or Luddites, further cementing the “Amazon vs. the world” brand story
     
  4. Amazon has studied the possibility that they could make more money long-term by gaining the loyalty of customers who would be swayed by more ethical business practices, but has also realized it wouldn’t be worth the investment

 

 

 

A Statement From Louis C.K.

In which the comedian, writer-director and producer makes proponents of DRM look foolish, and demonstrates how going indie can be much more profitable for artists—even those as famous and successful as himself.

Today, Galleycat reported Louis CK Earns $200k Profit on DRM-Free Show:

Comedian Louis CK wrote a frank essay about his most recent experiment, a “Live at the Beacon Theater” comedy DVD that was sold for $5 to fans without any digital rights management (DRM) protection. In less than four days, he has earned a $200,000 profit by avoiding traditional distribution strategy and channels.

Nearly all digital books currently contain some sort of DRM protection–making it harder for readers to take notes, read on different devices or share the book. Publishers and authors should read Louis CK’s argument against using these tools to restrict your readership.

In the ‘frank essay’, Louis C.K. shares the following interesting facts and figures:

The show went on sale at noon on Saturday, December 10th. 12 hours later, we had over 50,000 purchases and had earned $250,000, breaking even on the cost of production and website. As of Today, we’ve sold over 110,000 copies for a total of over $500,000. Minus some money for PayPal charges etc, I have a profit around $200,000 (after taxes $75.58). This is less than I would have been paid by a large company to simply perform the show and let them sell it to you, but they would have charged you about $20 for the video. They would have given you an encrypted and regionally restricted video of limited value, and they would have owned your private information for their own use. They would have withheld international availability indefinitely. This way, you only paid $5, you can use the video any way you want, and you can watch it in Dublin, whatever the city is in Belgium, or Dubai. I got paid nice, and I still own the video (as do you). You never have to join anything, and you never have to hear from us again.

Read the full statement from Louis C.K. here. (Note: the statement contains some strong language)

 

How Much Do You Want To Get Paid Tomorrow?

This post, by David Gaughran, originally appeared on his Let’s Get Digital site on 12/11/11.

Things had been going pretty smoothly for self-publishers.

We were more or less done with the arguments about whether this was a viable path and whether you could attract an agent/publisher (if you wanted to) by self-publishing first.

We had generally agreed that e-books were here to stay and that print books and bookstores (sadly) were on the way out.

 

Then Amazon came along with a curveball, splitting the community: KDP Select.

KDP Select is an opt-in program where self-publishers can be part of Amazon’s e-book lending library.  There has been a lot of discussion about KDP Select and the Lending Library – some hysterical, some measured – but I think it needs to be considered in the framework of subscription models in general.

I won’t spend much time on the pros and cons, they have been debated pretty exhaustively on The Passive Voice and this Kindle Boards thread, and I think most writers already know where they stand on this. I want to ask everyone to take a look at the bigger picture of subscription models and how we will collectively define future compensation for our work.

There had been murmurings about Amazon’s move for some time. With the launch of the Kindle Fire – and the obvious corollary that the device was designed to generate future profit on content – speculation turned to whether Amazon would attempt some kind of Netflix-for-Books. Indeed, rumors abounded that they had approached publishers on this and had been universally rebuffed.

For a reader, the deal is seductive: read as much as you like for a fixed fee. In practice, it’s only attractive if the books you want to read are part of the package. For the company selling the package, the clearest way to show value is by having content you can’t get anywhere else.

It was inevitable in one sense. Exclusivity was always going to rear its head. We’ve seen it in plenty of other content industries (software, games, music); it was only a matter of time before it inserted itself in the e-book game. It’s not that new – Amazon just got people talking about it.

Writers are used to being on the sidelines, watching these power plays. This time is different (partly because the publishers decided to sit this one out). We’re being asked to make a decision. And make no mistake, whether we participate, and how we participate, has huge ramifications for the whole publishing business: how readers pay for books, how writers get paid for those stories they read, and how publishers and retailers get to play in this new game.

Amazon arouses strong feelings (in either direction). But whatever your feelings are, you need to realize that subscription models of some sort are going to play a big part in the immediate future.

 

Read the rest of the post on Let’s Get Digital.

No Room at the Inn for Indies

This post, by Steve Piacente, originally appeared on his site on 12/10/11 and is reprinted here in its entirety with his permission.

Mainstream newspapers – even struggling, mid-sized papers – seem to look at Indie authors the way the hot girls in high school looked at the manager of the football team. You’re nice, but you really don’t expect me to date you, do you?

This situation was different, I thought, because I had been the mainstream newspaper’s Washington correspondent for a decade. I didn’t want special treatment, only a look, and figured my time at the Charleston, S.C. paper would get my self-published novel into the hands of the book editor.

The book did reach editor Bill Thompson, who politely informed me that the newspaper:

–       Will not consider paperbacks, eBooks, self-published, textbooks, or children’s books.

–       Only publishes 325 reviews a year, and there are 60,000 hardcovers from “legitimate” publishers released in the U.S. alone each year, plus 250,000 paperbacks.

NO OFFENSE, BUT …

The paper’s reviewers are unpaid volunteers who “insist” on “legit” hardcovers. Thompson said this was no reflection on any individual book, “but rather on the totality of the self-publishing field, which, as a rule, has tended to produce books of grossly inferior literary quality.”

Ouch.

He added, ”To be candid, and meaning no offense, no book review editor I know (and I am a member of three different professional associations), will have anything to do with them.”

Double ouch. But Indies should know what they’re facing.

The only time mainstream papers seem interested is when a success story rises up and forces them to pay attention. This is one of the latest, from The Wall Street Journal.

Thompson says he gets 25-30 new hardcover books each day. Worse, book coverage has gone from one-half of his job to about one-sixth. That’s because the Post and Courier’s features team has shrunk from 17 people to four, and the workload hasn’t let up. “I’m getting 100 emails a day just from New York publishers. This doesn’t count the 47 local arts groups and 60 area writers I’m trying to cover.”

OLD WAYS HAVE GOTTEN RUSTY

I pushed back, saying that technology has changed the world, and newspapers clearly haven’t kept pace. The situation in Charleston is not unique. Newspapers everywhere are in trouble, which is why it strikes me as odd that execs would cling so hard to old ways that clearly aren’t working.

As Thompson struggles to do more with less, he says he’s “bombarded by self-publishing houses and their authors … That some writers of worthy books cannot get them published through conventional means is unfair and regrettable. But the fact remains our reviewers do not want them. Nor does management, for that matter.”

Declaring every Indie author unworthy seems unjust, especially when this sentiment comes from folks who are supposed to help separate worthy from unworthy, whether it’s books, politicians or pro athletes. Aren’t feature writers journalists? The Code of Ethics calls for journalists to: seek truth and report it; minimize harm; act independently, and to be accountable.

So to whom are reviewers accountable to when they won’t even consider Indie authors?

Thompson says he doesn’t have the time to separate the wheat from the chaff. “As a book review editor of 31 years, I have a critic’s mentality, and a critic’s belief in the importance of sustaining standards of excellence,” he says. “With few exceptions, self-publishing is the antithesis of this ethic.”

WHO STILL USES INK?

I see it this way: Back in the dark ages (like about five years ago), if you wanted to be an author, you’d write a book, scour the city for an agent, and, if the stars aligned, get one and sign with a big-time publisher. That’s how it worked – there was one key to the literary castle. If you didn’t get the key, and all you got to write were letters home.

If you did land an agent, he or she would need enough gumption to snag a publisher. If not, story over.

Technology has changed the game by providing a direct path to prospective readers. Screw the middleman. Tools like Facebook, Twitter and YouTube have enabled writers to find cover artists, illustrators, trailers, editors, web designers, and, most importantly, readers. Sure, we’d like a newspaper review, but that’s just one of many avenues.

The trick is figuring out how to distinguish your work from the glut competing for people’s attention. It’s true that the good news is the same as the bad news – anyone can publish pretty much anything. My hope is that, as with any other product coming to market, the cream will rise.

As a former journalist, I like this. It’s got a democratic feel to it. There used to be a saying about not arguing with folks who bought ink by the barrel, meaning reporters always got the last word. Perhaps that day has passed. Is anyone still using ink?

 

Just What is an Indie Author and Publisher?

This post, by John Austin, originally appeared on his Writers Welcome Blog! on 12/9/11.

More insight from writer-publisher-entrepreneur-businesswoman Joanna Penn (Please visit my post Future Publishing and Book Selling – An Insight RE Joanna on my Publishing/Writing: Insights, News, Intrigue blog) for even more background.

Confusion is evident in the fast changing world of publishing … especially in understanding just what in the hell is an ‘indie’ author and an ‘indie’ publisher … I know I get mashed potato brains thinking about it at times! 🙂

Here is a post by Joanna Penn from her Creative Penn blog that brings clarity and is one of the best, all-inclusive explanations I’ve heard to date:

Self-Publishing And The Definition Of An Indie Author

I’ve been at two publishing conferences in the last week and it’s evident that myths and misconceptions abound when it comes to independent authors and self-publishing.

Book Machine’s Publishing Now even had a debate on the motion “Self-publishing is devaluing publishing.” In a heated discussion afterwards, I could see that the definition of ‘indie’ as it applies to authors is still misunderstood. Of course, when mainstream publishers like Penguin announce their own self-publishing arms, it can be difficult to know what the hell is going on!

Read the rest of the post on Writers Welcome Blog!. Also see How Darcie Chan Became a Best-Selling Author on The Wall Street Journal and How to Self-Publish an Ebook on PC Magazine.

Amazon Shows Predatory Spots with KDP Select

Amazon today announced a new service offering for authors and publishers who upload to their KDP platform: KDP Select. Writer beware.

At first glance, the program looks enticing. Amazon has created a $500,000 monthly pool of cash they’ll distribute to participating authors based on the number of times your book is borrowed from their new lending library.

As they note in their FAQ, if your book accounts for 1.5% of the downloads during the monthly lending period, you’ll earn 1.5% of the pot, or in this case $7,500.

But there’s a catch. Actually, multiple catches, which are outlined in their Terms and Conditions:
 

  1. For the time your book is enrolled in the program, you cannot distribute or sell your book anywhere else. Not Apple, not Barnes & Noble, not Smashwords, not Kobo, not Sony, not even your own personal blog or web site. Your title must be 100% exclusive to Amazon.
  2. If you violate their exclusivity terms at any point during the three-month enrollment period, or you unpublish your book to remove it from the program so you can distribute your book elsewhere, you risk forfeited earnings, delayed payments, a lien on future earnings, or you may get kicked out of the Kindle Direct Publishing program altogether.
  3. Your enrollment, and thus your liability to Amazon, automatically renews every three months if you neglect to opt out.

Amazon has also modified the Kindle Direct Platform’s user interface with the effect of making it almost difficult not to enroll your books. Where they once placed their pull down menu for managing your book’s settings, they’ve now placed the enrollment link. The pull down settings menu is moved to the bottom of their dashboard.

Let’s examine the implications for this new program, not only for authors but for the nascent ebook industry as well.

When authors enroll a title in the program, they’re contractually obligated to remove their books from all other distribution channels.

Wow. Most indie authors appreciate their independence. This rule is quite restrictive.

Impact on authors:

  • Forces the author to remove the book from sale from the Apple iBookstore, Barnes & Noble, Sony, Kobo, Smashwords and others, thereby causing the author to lose out on sales from competing retailers.
     
  • By unpublishing a title from any retailer, the author destroys any accrued sales rank, making their book less visible and less discoverable when and if they reactivate distribution to competing retailers
     
  • Makes the author more dependent upon Amazon for sales. Do you want to become a tenant farmer, 100% dependent upon a single retailer? As some of you history buffs may know, tenant farming, and the abuses of power by landlords, was a primary contributor behind the great Irish potato famine.

Impact on competing retailers:

  • Harms other retailers by denying them access to your book.
     
  • Many authors will permanently stop distributing to Amazon’s competitors once they become fully dependent upon Amazon for the lion’s share of their earnings
     
  • Motivates more customers to purchase at Amazon since Amazon has this exclusive content.
     
  • Discourages formation of new ebook retailers around the world

The new Amazon KDP Select program strikes me as a startling example of a predatory business practice Amazon has the opportunity to leverage their dominance as the world’s largest ebook retailer (and world’s largest payer to indie authors) to attain monopolistic advantage by effectively denying its competing retailers (Apple, B&N, Kobo, Sony, etc) access to the books from indie authors.

The move will also make it more difficult for new retailers operating outside the US to gain footholds in their respective markets if they lose fair access to the content readers want to read.

Amazon might argue that indie ebooks today only account for a fraction of overall book industry sales. True, but that fraction is growing quickly as indies scale all the best-seller charts. This trend will continue as more and more professional authors turn their back on traditional book publishers in favor of self-publishing. Amazon is smart. They understand indies are the future of book publishing.

European Commission and US Department of Justice Unwittingly Working to Create Amazon Monopoly

Amazon’s new service offering comes at a time when the European Commission and even the US Department of Justice

are scrutinizing the legality of agency ebook pricing. Agency ebook pricing, as you’ll recall (see my     blog post last year on our move to agency pricing) allows authors and publishers to set their own price and receive higher royalty rates. Amazon is a long time foe of agency, and as a result is probably enjoying a virtual wet dream as they savor the implications of potential restrictions against the agency model. 

If agency pricing is limited or overturned, it would allow Amazon to price ebooks at below cost and effectively eliminate the profitability of all its competing retailers. This would also discourage the formation of new competitors. It’s ironic that the EC and US DOJ are pursuing these ill-advised campaigns that could lead to less competition in the ebook market, not more.

What the EC and US DOJ fail to realize is that big publishers (the target of these investigations), which (I agree) price their books too high, are becoming less relevant to the future of book publishing as authors lose faith in the myth of big publishing. The problem of high prices from big publishers is not an agency issue, it’s big publishers pricing their books too high.

Agency Pricing Enables Indie Authors and Small Publishers to Lower Prices

Despite fears to the contrary, we see evidence at Smashwords that agency pricing might actually encourage lower book prices. Indies, which are enjoying great benefits from the agency model (Smashwords only distributes to agency retailers), are using agency to offer customers lower prices, not higher prices. The average ebook at Smashwords is priced under $5.00, and we have over 15,000 books priced at FREE. Why do indies price their books lower when they have the freedom to charge anything they want? The reason is that indies realize that consumers value fair prices, and as a result these lower prices give indies a competitive advantage over the large publishers. 

When an indie author can earn 60-70% of list with agency pricing, they can set a lower price yet still earn more per unit than if the book was sold under a wholesale pricing model (where the royalty would equal 43-50% of list). As an example, if an author wants to earn $2.00 from each book they sell, at a 70% agency rate they’d price the book at $2.85. Under the wholesale model (50% discount off list), they’d need to price the same book at $4.00. 

The agency model puts profits in the pockets of the author or publisher, where it belongs, while allowing the retailer to earn a fair profit. Agency pricing relieves retailers from the pressure of competing on price and instead forces them to compete on customer experience, such as developing discovery tools and recommendation systems that help match readers with the books they’d enjoy reading. 

How should indie authors respond? Horror might be a good start. Recognize that your long term interests are best served by enabling a vibrant and competitive global ebook retailing ecosystem to develop. Distribute your book to as many retailers as possible. A world of many ebook retailers, all working to attract readers to your books, is much preferable to a world where a single retailer dictates all the terms. 

Obviously, I have a horse in this game. Smashwords is probably the world’s largest distributor of indie ebooks. We publish and distribute over 90,000 ebooks from 33,000 indie authors and small presses around the world. We exist to serve our authors and publishers. We supply Amazon’s competitors. We’d love to supply Amazon as well, but they’re unwilling to provide us agency terms.

 

This is a reprint from Mark Coker‘s Smashwords blog. Also see Amazon Backlash Continues to Build, regarding Amazon’s price comparison app, on Publishers Weekly.

BTB #263: Google Book Settlement: Good Riddance or Lost Opportunity?

This podcast and associated transcript originally appeared on the Copyright Clearance Center‘s Beyond the Bookcast site on 12/4/11 and are provided here in their entirety with that site’s permission.

In March, Judge Denny Chin rejected the proposed settlement between Google and book publishers and authors over Google’s book scanning and book search programs. At the recent “Copyright & Technology” conference, a panel of legal experts considered the unanswered questions that decision left behind.

Presenting their views were James Grimmelmann of New York Law School; Edward Rosenthal, whose firms represents the Authors Guild in their suit against the HathiTrust; attorney Mary Rasenberger, who from 2002-2008 served in the Copyright Office and the Office of Strategic Initiatives of the Library of Congress, and as director for the National Digital Preservation Program; and Frederic Haber, general counsel, Copyright Clearance Center. CCC’s Chris Kenneally moderated.