4 Reasons You Should Be Reading Books Daily

26 May 2019

From Inc. magazine:

Reading is an activity which you may take for granted, but the ability to derive meaning from letters on a page or screen (if e-books are your thing) can be life-changing.

. . . .

Ken Pugh, director of research at the Yale-affiliated Haskins Laboratories, which studies the impact of spoken and written language . . . says that reading books is an activity which activates all the major parts of the brain and strengthens skills in language, selective attention, sustained attention, cognition and imagination. And books which tell a story through fiction or narrative non-fiction are particularly useful for building imagination and thinking ability which other kinds of reading can’t.

. . . .

According to a study published in the Journal of Developmental and Behavioral Pediatrics, reading just one picture book to a child every day exposes them to about 78,000 words a year. Researchers have calculated that in the five years before kindergarten kids who live in literacy-rich homes hear about 1.4 million more words compared with children whose caregivers don’t read to them.

. . . .

John Coleman, coauthor of the book Passion and Purpose: Stories from the Best and Brightest Young Business Leaders in a story he penned for Harvard Business Review . . . . writes:

Reading increases verbal intelligence, making a leader a more adept and articulate communicator. Reading novels can improve empathy and understanding of social cues, allowing a leader to better work with and understand others — traits that author Anne Kreamer persuasively linked to increased organizational effectiveness, and to pay raises and promotions for the leaders who possessed these qualities. And any business person understands that heightened emotional intelligence will improve his or her leadership and management ability.

Link to the rest at Inc. magazine

A Frame of Government for Men of Opposite Opinions

26 May 2019

In construing the Constitution, we should remember that it is a frame of government for men of opposite opinions, and for the future, and therefore not hastily import into it our own views, or unexpressed limitations derived merely from the practice of the past.

~ Oliver Wendell Holmes, Jr.

Donegal Library Book Returned After More Than 80 Years

26 May 2019

From The BBC:

The White Owl by Annie MP Smithson was borrowed on 23 July 1937 from Donegal County Library in the Irish-speaking Gaeltacht area of Gweedore.

It was returned to Gweedore Public Library on 17 May [2019].

The book was found during a house clearance in the nearby town of Falcarragh.

. . . .

Senior library assistant Denis McGeady said he was stunned that the book had been returned after eight decades.

“I couldn’t believe my eyes on Friday morning when the book was returned to us after such a long time,” he said.

“It’s common to see books brought back two or maybe three years late – but this is unique.”

. . . .

He said the book was deemed to be very rare.

“This is a first edition of The White Owl – it was published in 1937 and borrowed that same year so was more than likely brand new at the time it was borrowed.”

. . . .

Fines for overdue book returns were abolished in all Irish public libraries in January.

Link to the rest at The BBC

What’s to Be Done with an Author’s Pen Name?

26 May 2019

From Publishers Weekly:

“Still writing?”

Oh no. Not again. Here in the parking lot at Stop & Shop? I live in a medium-size town where many locals are aware I have something to do with writing books. This guy—who I knew way back when he was a Little League umpire who made good calls—is looking at me funny and thinking, “How come it’s taking him so long to answer?”

Because the answer is complicated! Because it’s nice of him to ask and my job is to be nice back, hiding my frustration in the process—which adds to my frustration. So, okay, ump, here goes. “Well, since the last Peter Abrahams novel came out—in 2009—I’ve actually written nine more, and that’s if we’re just counting those for adults. There are four middle grade mysteries as well. But the thing is, they’re written under another name.”

“Stephen King?” he asks.

. . . .

Recently my dad told me about the day my mom realized she had a potential writer on her hands. I was four and in preschool. Every day, we went for a walk, the rainy-day walks taking place indoors with imaginary outdoor scenery. On this particular day, the teacher said, “Class, here’s a puddle.” The whole class walked around this “puddle,” except for me. I walked straight through. “Petey,” the teacher said, “what about the puddle?”

“I’ve got boots on,” I replied. The teacher told that story to my mom. The point is, being a writer is a deeply rooted part of my identity.

Back to the parking lot. “No, actually,” I tell the ump. “I’ve been writing under my pen name—Spencer Quinn.”

“The ones where the dog tells the story? My wife loves those!”

“Great.”

“Gets them from the library.”

“Oh. That’s… nice. Does she ever borrow any of the Peter Abrahams titles?”

“Name me a couple.”

OblivionEnd of Story.”

“Maybe that second one. A little too dark for her, if I recall. She prefers…”

“Lighter?”

“More upbeat, I’d say. So how come the name change?”

“You’re sort of onto it. The Chet and Bernie stories are upbeat, but not cutesy! Does your wife say they’re cutesy?”

“Nope. In fact, I’ve never heard her use that word.”

Link to the rest at Publishers Weekly

Moral Rights

25 May 2019

In PG’s experience, most authors in the U.S. aren’t familiar with moral rights. In part, this is because the federal government did not do much about moral rights until 1989.

When the country joined the Berne Convention in 1989, it amended its Copyright Act to include moral rights. However, while the moral rights set out in Berne are intended to apply to all types of copyright-protected works, the U.S. took a narrower interpretation of the moral rights requirements, stipulating that the Convention’s “moral rights” provisions were addressed sufficiently by other statutes, such as laws covering slander and libel. Some international copyright experts contend that the U.S. is not, in fact, complying with its Berne obligations.

Some state legislatures have enacted state moral rights laws, but there is more than a little doubt about whether such laws can be enforced because federal IP laws preempt state IP legislation.

However, in the ever-so-slow manner in which intellectual property laws are changed in the United States, moral rights may be on the path to more structured protection.

From a recently-released study of moral rights by the U.S. Register of Copyrights (footnotes omitted):

Taken from the French phrase droit moral, the term “moral rights” generally refers to
certain non-economic rights that are considered personal to an author. Central to the idea of
moral rights is the idea that a creative work, such as a song or book, actually expresses the
personality of the author.

Society has long recognized the importance of such a bond between a creative work and its author: as far back as the early 1500s, courts in France recognized that only the author has a right to publish their work. Over the course of the last two centuries, countries have increasingly codified this close connection between the author and their work, first through judicial doctrines and limited statutory protections for certain aspects of moral rights, such as a right of first publication, and later through formalized statutory moral rights schemes. While countries have come to recognize a variety of different moral rights, the two most commonly recognized moral rights are the right of an author to be credited as the author of their work (the right of attribution), and the right of an author to prevent prejudicial distortions of their work (the right of integrity), both of which were codified at the international level in the 1928 Rome revision of the Berne Convention.It was not until 1989, however, that the United States became subject to an obligation to provide moral rights protections for authors by joining the Berne Convention.

. . . .

[T]he growth of the internet as the primary locus for buying, selling, and licensing works of authorship has meant that original works in digital form have become more accessible to more people. On the one hand, this has meant that the attribution and integrity of works have been more susceptible to mishandling and manipulation. For example, the metadata containing attribution and other information for creative works is very simple to remove (or “strip”) or replace with erroneous information. A work stripped of proper identifying information then can be disseminated widely to the detriment of both the author’s reputation and ability to profit from the work. Similarly, the increasingly accessible video editing technology behind “deepfake” software can not only fundamentally alter the content of an author’s work, but can also lead to social and moral harm for the artists and the subject of the video through malicious use. On the other hand, digital technologies such as fingerprinting and visual recognition software that allow photographers to identify and track metadata related to their works on the internet have enabled authors to combat some of these threats to their attribution and integrity interests. Whether considered as a useful tool or a threat to protection of integrity and attribution interests, there is no question that technology has transformed the moral rights landscape in the United States.

As the foregoing indicates, there is a significant amount of variation in how moral rights are recognized around the world, as well as the manner in which they are protected. For example, in addition to the rights of attribution and integrity, other countries have recognized a number of additional moral rights, some of which are counterparts to economic rights, including:

  • the right of withdrawal, or droit de repentir, which allows authors to retract works from public circulation that they feel no longer represent them or their views;
  • the right of divulgation, through which an author can control the public disclosure of their work, and which supports the economic right of first publication;
  • the right of the author to have access to the original copy of a work in order to “exercise his author’s rights”;
  • the right to prevent others from associating one’s work with an undesirable “product, service, cause or institution”;
  • the right to pseudonymity; and
  • the right of an author to compel the completion of a commissioned work of art.

Additionally, not all countries protect the rights of attribution and integrity in the same manner, and many countries have laws protecting discrete aspects of those rights using different terminology. As many scholars have noted, civil law and common law countries historically took different approaches to the protection of authors’ moral rights: while many civil law countries conceived of moral rights as separate and distinct from an author’s economic rights, common law countries tended to conceive of moral rights as part and parcel of the general copyright protections afforded to an author. Although the Berne Convention largely adopted the civil law approach, conceptualizing moral rights as separate from economic rights, member states have wide discretion in how they chose to implement the moral rights protections of Article 6. For this reason, the contours of the rights of attribution and integrity look quite different, depending upon the country.

One area in which there is significant variance among countries is in how they approach the concepts of waivability and alienability of moral rights. While moral rights are often described as “inalienable,” “nonwaivable,” or in other terms that express the inherent relationship between author and work, moral rights are in fact often waivable and sometimes also alienable under many countries’ moral rights schemes. In some countries like Canada, waivability is explicitly spelled out in the statute. Elsewhere, it is inferred by the ability of authors to authorize certain uses of their works, such as in Nigeria, Germany, France, China, and Switzerland. This ability to waive moral rights is generally tempered by limits designed to protect authors from unwittingly or unwillingly waiving their rights.

Another area of variation in international approaches to moral rights has to do with how the country’s laws treat situations where a work is “authored” by a corporation or has many “authors” that all contribute a small piece to a larger whole  In some countries that have adopted copyright ownership rules similar to the work-for-hire doctrine in the United States, corporations are allowed to hold and assert moral rights in such works. For example, South Korea, Japan, and China all designate employers as the default legal author of works created by employees, including for some moral rights purposes, although they allow the parties to contract around this default.  Indian courts have also recognized moral rights for corporations. In contrast, under both Swiss and French law, moral rights can attach only to natural authors and not corporate entities; employees may maintain or waive their rights, but employing companies cannot hold them. Several countries, including France and Israel, require that moral rights remain with the natural author even when the law or a contract transfers economic rights away. Countries have also adopted different approaches regarding how to address potential conflicts that may arise resulting from the grant of moral rights to different contributors. For example, Guatemalan authors contributing to newspapers do not have control of their contributions when combined in a newspaper, but they do have rights in their works when those works stand alone.

The question of moral rights protection for multi-author works has been particularly acute in the area of audiovisual works. Some countries have adopted special rules for moral rights in these works, attempting to balance the interests of the producer, the director, individual performers, and the authors of incorporated works such as musical scores. For example, while China recognizes motion pictures as collaborative works with several individual authors, the various authors are only granted the right of authorship while all other copyrights belong to the producer.  While Guatemala grants moral rights to the producer (who is also holder of the economic rights), this right includes mandatory attribution for the director, the script author, the author of any underlying work, and the authors of the musical compositions in the audiovisual work. In Nigeria, which also grants moral rights to the producer, the law is designed to encourage performers and others involved in films to execute contracts with the producer in order to preserve any of their rights. Performers in audiovisual works in France are considered employees, and thus their rights of attribution and integrity are governed not only by the moral rights regime, but also by employment law regulations and collective bargaining agreements. In Germany, although moral rights attach to both filmmakers and performers, a rightsholder may only prohibit gross distortions of their work and their interests must be balanced with the legitimate interests of the other film creators and the producer.

Link to the rest at Copyright.gov

PG says if you have gotten this far, you know more about moral rights than 99.99% of the authors in the United States. He cannot confidently provide any sort of estimate for authors outside of the United States.

There’s Many a Bestseller

24 May 2019

There’s many a bestseller that could have been prevented by a good teacher.

~ Flannery O’Connor

U. S. Copyright Office Considers a Federal Right of Publicity

24 May 2019

From Rothman’s Roadmap to The Right of Publicity:

In a report issued on April 23rd by the Register of Copyrights, the U.S. Copyright Office suggests that the lack of uniformity in state right of publicity laws may require Congressional intervention.

The call for Congress to consider such a right arose in the course of a 107-page report issued by the office on the status of moral rights in the United States. The focus of the report is on moral rights for authors, rather than on personality rights more generally. The report, titled Authors, Attribution, and Integrity: Examining Moral Rights in the United States, primarily focuses on the international treatment of moral rights, and the federal regime in the United States, particularly under the Copyright Act (including the Visual Artists Rights Act (VARA)) and the Lanham Act.

The report focuses on “the rights of attribution (the right to be credited as the author of one’s work) and of integrity (the right to prevent prejudicial distortions of one’s work).” As part of this inquiry, the report identifies various state laws that potentially serve to protect the moral rights of authors and performers.

. . . .

The inclusion of state privacy and publicity laws in the report is solely focused on how these laws can help authors (and performers) protect their moral rights. In particular, the report notes that these laws can provide claims against misattribution, and when a performance is usurped without permission.

. . . .

The report importantly highlights the current chaos in right of publicity laws. The report notes that the “appearance of near-uniformity in adoption of some version of the right of publicity belies the degree to which the exact contours of the right differ significantly from jurisdiction to jurisdiction.” Because of this lack of uniformity, the report suggests that federal intervention may be advisable, albeit with some ambivalence: “If Congress wished to address some of the uncertainty and ambiguity created by the lack of harmonization among state right of publicity laws, Congress might consider adopting a federal right of publicity law.”

. . . .

The report also wisely highlights potential pitfalls of any federal right of publicity law. The report points to the need to determine whether the right should be transferable and under what conditions. I have strongly advocated against making the right transferable, at least when such alienability is unfettered. Allowing the right of publicity to be owned by anyone other than the underlying person jeopardizes our ability to maintain ownership of our own names, likenesses, and voices.

. . . .

Further on in the report, the Copyright Office notes the substantial debate on whether moral rights should be waivable or alienable, observing that when such waivers and transfers are allowed they often become standard. Such a result undercuts the provision of moral rights protections in the first place. This concern is true in the extreme when it comes to allowing transfers of rights of publicity, because what is being transferred are not rights over an external work, but rights to one’s own personal identity.

Another concern with regard to drafting a federal version of the right of publicity is also one that I have raised: quoting from my book, the report notes that providing a postmortem right of publicity raises taxation issues, and could “force heirs to commercialize the deceased person’s identity to pay off [estate tax] debt.”

Link to the rest at Rothman’s Roadmap to The Right of Publicity

The first section of the Copyright Office Report (after the Executive Summary) is a quick overview of the Right of Publicity, however, if you want more of an introduction, the Rothman’s Roadmap site is a good place to start.

Dude, Where’s My Royalties?

24 May 2019

Here’s a follow-up post to the post that is directly below this one in the online TPV parade of blog posts. You might understand this post better if you read the other one first.

From Dan Rhodes:

In other news, I’ve been busy severing ties with Canongate Books. For some years I’d found them to be evasive when faced with basic business queries, and when it came to certain financial and contractual issues it reached a point where I just couldn’t get answers out of them. I thought this was as fishy as Milky Pimms, so decided to conduct my own amateur audit (in the absence of any knowledge of financial procedures, this involved going in like Chris-R) and – boom goes the dynamite – discovered they had chronically underpaid me. Twice.

I did not take this well.

Everything goes to the dogs when the sums don’t add up. It’s a long and rotten story, and nobody enjoys hearing other people moaning about work (I’m finding it hard not to come across like Les McQueen), so I’ll keep most of it off the front page. I have, though, written an epic account of what has gone on so far. It’s a wretched read, and the last thing the Internet needs is another incandescent middle-aged man sounding off at length about things he doesn’t quite understand.

. . . .

Having to pull almost my entire life’s work out of print because of a publisher’s malpractice has been something of une saison en enfer. Anthropology? Gone! Gold? Kaput! This is Life? Splat! It goes on… Creatively, it has ground me to dust. With two non-showbiz day jobs, totalling around 70 hours of work in a normal week, time is hard to come by; the precious moments I could have spent loitering in green lanes have been obliterated by having to deal with this bollocks. It’s hard to muster the delicate balance of joie de vivre and hubris required to write a novel when your slumber is broken, your doublet is torn and a gaggle of exasperating Sloane Rangers are up in your grill.

. . . .

Apart from the soul-crushing Canongate Books shitshow, all is well. We’ve spent some of the recovered money on having a spare toilet installed – those of you who share living space with other humans will understand that this is a great leap forward.

. . . .

There’s no need for you to arrange a benefit concert or a sponsored walk. Were it not for my every moment being blighted by the unfolding horror of this excruciating debacle, everything would be fine.

. . . .

I am all at sea, and have no idea what to do with my back catalogue. Above all things I’m raising a family, and the bad vibes this has brought across our threshold are more than I’m willing or able to put up with. I’ve been stuck dealing with people like this for twenty years – they seem to be lurking around every corner, and I’ve had enough of them. Writing’s the only thing I’ve ever been any good at, and I love my books to distraction. I’m very sad at the prospect of them fading away, but if staying in the book trade means I’ll be inviting this kind of poison into our home then it’s just not worth it.

Link to the rest at Dan Rhodes

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