From Joe Konrath:
The Authors Guild just lost one of their ongoing cases against Google. The Guild have been whining that Google’s Book Scan–a service meant to digitally scan every book so the entire world could gain searchable Internet access to all of that info–is in fact violating copyright and stealing from authors.
Hey, Authors Guild! Why not also charge readers a fee every time they recommend a book via word of mouth?
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The Authors Guild has lost similar battles. During Authors Guild vs. Bill Smopey, they sued him because he’d sat in a Barnes & Nobel and read half of The Terror by Dan Simmons but hadn’t bought it. Smopey’s defense, “After the first 500 pages, the monster wasn’t even in it anymore, and I got bored and put it back.” The Guild claimed that Smopey owed Simmons’s publisher half of the cover price for reading without paying, and for partially crinkling page 342. The court dismissed the case.
During Authors Guild vs. Janet’s Mother, they sued because Janet bought a full price hardcover of Stephen King’s The Cell, then loaned it to her mother to read. The Guild demanded Janet’s Mother pay Stephen King a royalty, because she had no right to read what she hadn’t bought for herself. Janet’s Mother’s legal team dazzled with the famous, “Well, what about libraries?!” defense and the suit was dropped.
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The Guild recently remarked on their latest loss, to follow. Them in unreasonable bold italic font. I replied in sensible plain font.
Today, the Second Circuit Court of Appeals released its decision in Authors Guild v. Google. “The Authors Guild is disappointed that the Court has failed to reverse the District Court’s faulty interpretation of the fair use doctrine,” said Mary Rasenberger, Executive Director of the Authors Guild in New York.
Apparently making all books discoverable on the Internet, which would not only add to the collective knowledge of the world, but help interested parties find the right books to buy, wasn’t fair use. That it would help people find more books to buy seems lost in the fear that people would rather surf the internet and piece together a book random page by random page at great frustration and time cost to get a maximum of 16% of the full title, out of order no less. We all love reading like that, don’t we?
“America owes its thriving literary culture to copyright protection.
Actually, America owes its thriving literary culture to writers who are compelled to create. Copyright doesn’t ensure a writer makes money. Readers do. And if the readers can’t find the writer because–let’s take a wild leap here–the writer’s work isn’t searchable on the world’s biggest search engine, then copyright isn’t going to put one cent in that writer’s pocket.
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It’s unfortunate that a Court as well-respected as the Second Circuit does not see the damaging effect that uses such as Google’s can have on authors’ potential income.
Yeah, damaging. Someone Googles a topic, and it leads to a free except of my book. Every author wants people to browse a bookstore and find their book among the thousands of others. But to be able to do this online, 24/7? That’s stealing.
There are many ways to read a book without compensating the authors. Buy used. Go to a library. Borrow from a friend. Steal online. Use a paperback exchange. Read fan fic.
Authors shouldn’t fear being read. Being read will eventually lead to getting paid. Authors should be worrying about not being read, because readers don’t know they exist. Google Book Scan wants to show the world books that the world hasn’t ever seen before. The Authors Guild wants to micromanage this boon to authors and readers by collecting royalties.
Can someone call Mary Rasenberger on her landline, or if that’s too technologically advanced for her, send her a telegram, and let her know the rest of us are living in 2015.
Link to the rest at Joe Konrath and thanks to Ava and others for the tip.
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