Vicious Reviews R Us

QUESTION: Why are some book discussions and reviews so mean? Some of the so-called reviews at Amazon are horrible.

Humans have always needed to belong to a group -- some tribe that will offer protection as well as feed the primal need to be accepted. 

That's why tribes were formed by early man, why kids join gangs or fraternities, and why normally sane people paint themselves with their team colors and scream like crazed animals at sporting events. 

This tribal mentality makes those who are on the other side enemies and idiots.

The Internet has allowed this mentality to splinter in so many directions that we now have a vast culture of micro-niche tribalism. Books are just another example.

Some authors have bands of groupies who trash other authors, normally against the desires of the favorite author. 

These people seem to have lost the ability to separate themselves from the author because they tie so much of themselves into the author's works. 

There's also the problem of intellectual dialogue versus emotional monologue. People are no longer taught how to think, as opposed to what to think, they don't know how to use reason to express ideas, and they seem incapable of doing so. Instead, it's all about emotion and being led by that emotion.

We see that in what is laughing called political discourse as well as every other form of discourse. 

That book discussions have reached this name-calling low shows how intellectually bankrupt even readers have become.

And, then there are bullies who get off on hurting others, and there is no safer place to bully than on the Internet.

Used Kindle eBooks?

Amazon has patented a means to sell used ebooks within the Kindle system.  A book will be branded within the system when it is bought, then when the buyer puts it up for resale at the Kindle store, it will be removed from his account and transferred to the buyer’s account.  Amazon will receive a small fee for each sale.  A limited number of sales of each book may or may not be included in the system.

According to copyright law, specifically “The Doctrine of First Sale,” this is illegal because digital goods aren’t physical things so they can’t be resold.  (See my article on “The First Sale Doctrine and eBooks” for more details.  http://mbyerly.blogspot.com/2009/04/first-sale-doctrine-and-ebooks.html  )

But a legal battle is currently being fought between ReDigi, a used digital music store, and the various groups in the music industry over a similar system.  If ReDigi is able to win this, Amazon will probably move forward with their own system of resale.  

At first glance, it appears Amazon would be cutting into its own Kindle profits with this system, but Amazon isn’t known for its poor business practices.    Here’s what it will gain from the system.  

Buyers go for the cheapest prices.  If a used Kindle ebook is cheaper than any other version of the book, buyers will start using the Kindle system and its hardware.  iTunes, Nook, and other sites won’t be able to match these lower prices unless they start selling new ebooks for next to nothing or they put into place their own reselling system.  Such a complex system would take some time, perhaps years, so Amazon would gain the advantage in the market for many years to come.  

Some in the industry believe that Amazon is intent on killing off publishers so authors will have to go the self-publishing route, and authors as individuals have no real bargaining power when it comes to the terms Amazon will set.  (See “Used eBooks: The Ridiculous Idea that Could Also Destroy Publishing”  http://motherboard.vice.com/blog/used-ebooks-is-a-ridiculous-idea-that-could-ruin-authors-publishers  )

What will all this mean if Amazon’s used ebook system becomes available?  Readers may be happy with this system, but authors and publishers will not.  Publishing has a very low profit margin, as is, and anything that will cut into that profit will hurt, sometimes to the point of putting authors and publishers out of business.  

Authors like me have been busy educating readers on “The First Sale Doctrine” so they will know that ebooks can’t be resold, loaned, or put online for free, but a system like this will make readers believe that, if Amazon can do this, so can they. Piracy will spread.

If Amazon gains total supremacy in the distribution market, then they will be able to dictate the terms in contracts with authors and publishers, and those terms will shift even more of the profit into Amazon’s pockets.

If the other distribution markets fail and Amazon is the only source of ebooks, it can close down the used market place, and readers will have to pay much more for the surviving content.  After all, Amazon is in it for Amazon as they have proven over and over again.  

This system may not be the eBook Zombie Apocalypse as a universal removal of “First Sale Doctrine” on digital goods would be, but it may very well be the beginning of the end of publishing as a profitable venture.  

UPDATE: On March 30, 2013, a federal court ruled in the Capitol Records versus ReDigi case that it is illegal to sell "used" digital files.  No word yet if ReDigi will continue to fight this battle.  

http://arstechnica.com/tech-policy/2013/04/can-i-resell-my-mp3s-redux-federal-judge-says-no/

The Authors Guild versus the Amazon Kindle 2

Last week, Amazon announced the new Kindle 2, the second version of their extremely popular ebook reader. One of the new features is the ability to read the books aloud with a computer voice.

Immediately, the Authors Guild expressed its unhappiness with this feature and demanded that Amazon disable it. Amazon laughed in response, and the Authors Guild threatened a lawsuit. The Authors Guild has also told its members to hold off assigning ebook rights in their contracts until this matter is settled.

During the last week, no trade blog, press article, or the Authors Guild has clarified this situation or has really defined what this means to writers and readers so I've put this article together to do so.

First, some definitions.

TEXT-TO-SPEECH, TTS, OR VOICE-TO-SPEECH: A computer program that reads text aloud with a computerized voice, or the audio version of that reading. TTS programs are on all computers these days and on many PDAs, cell phones, etc.

AUDIOBOOK: A human verbal performance of a book that is recorded digitally. This performance may be by an individual or a group of actors. Audiobooks are created by companies who contract the audio rights of the book from the author or publisher.

COPYRIGHT: The legal protection of the ownership of intellectual property including writing. For a simple definition, go here: http://en.wikipedia.org/wiki/Copyright For a more complex discussion of copyright, particularly publishing and copyright, check out this site by publishing lawyer, Ivan Hoffman. http://www.ivanhoffman.com

RIGHTS: In publishing, rights refer to the different types of format sales for a written work. Some of the rights that can be contracted from an author are the right to publish a paperback version, a hardcover version, an ebook version, and an audio version of a work.

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The major legal problem with TTS is that it has never been clearly defined through a lawsuit or some other legal means. Right now, no one can say with legal certainty that TTS is a right on its own, a part of the audio rights, or part of the ebook rights.

Amazon's stance is that TTS is part of the ebook rights so the Kindle can use TTS on all ebooks.

The Authors Guild's stance is that TTS is part of the audio rights so Amazon can't use TTS without a contract for audio rights.

Some authors are saying that TTS is a right by itself, and that, unless publishers have contracted that right, neither they nor Amazon have any right to use TTS with an ebook.

Many of the major publishers are taking no stance because the issue is so unclear, and they use DRM (digital rights management) to prevent the ebook from being read with TTS because they don't know if they have that right.

Some audiobook publishers are so leery of the unclear legal status of TTS that they refuse to contract a book that allows TTS in ebook format.

With all these problems, it's easy to see why authors and the Authors Guild are so upset by Amazon's grab for TTS rights on books. If Amazon succeeds, many authors may lose their lucrative audio rights without payment. If TTS is a right on its own, then Amazon will be taking an author's right they haven't paid for.

Also, TTS has improved dramatically in the last years, and in the near future, TTS programs should improve their quality until they are almost equal to a human reading. If authors don't fight to retain TTS rights now, they may lose a valuable right in the future.

Where does this leave everyone? In a serious mess.

The best thing that can happen for all the parties involved is that TTS rights will be finally defined legally.

VARIOUS POINTS ABOUT THIS ISSUE ELSEWHERE.

A remarkable amount of nonsense and grandstanding has appeared over the web on this subject, and I'd like to clarify some of these points.

* This will make reading to your kids illegal.

No, it won't. Reading aloud to your children or privately to someone else will never be illegal. What is illegal is reading someone else's work for profit without permission. In other words, you can read A CAT IN THE HAT to your kids or a group of kids, but if you do that and charge admission without the permission of the Dr. Seuss' estate or publisher, it is illegal. It is also illegal to sell a copy of your reading if you do so without permission.

* Publishers and authors are just being greedy.

Asking for payment for work done isn't greedy. Authors, with just a few exceptions, don't make much money, and publishing has a very low margin of profit so the industry needs fair profit just to stay afloat.

* This is will hurt those with visual disabilities.

The publishing industry, both authors and publishers, allowed free audiocopies of books and large print copies of books aimed at the visually impaired long before various disabilities acts were passed, and it has remained friendly and accessible to the visually impaired.

Right now, many ebooks have TTS cut off because of the confusion about TTS rights so a legal clarification will make more books available for TTS through the rightful contractor of those rights.

* I bought this ebook. I can do what I damn well please with it.

No, you can't. An ebook is intellectual property. When you buy a copy, you are allowed to read it, but you don't have the right to copy it and give it or sell it to others.

Authors or publishers, however, will not chase you down and brutalize you if you read that book with TTS or print out a copy for your own personal use.

This current controversy is about Amazon's grab for rights most publishers and authors don't believe they've contracted. It's not about individuals using TTS.

ABOUT MARILYNN: I am not a lawyer, nor am I member of the Authors Guild. I am, however, a published author who has been interested in electronic rights for over ten years, and I have researched the subject of text-to-speech over the last several years.

RESOURCES, BLOGS, AND ARTICLES ON THIS SUBJECT

"Cory Doctorow on the Amazon Kindle controversy." Doctorow does his usual "free books are good" spiel with little regard for the complexities of this issue. http://www.mediabistro.com/galleycat/authors/cory_doctorow_criticizes_authors_guild_108386.asp?success&disqus_reply=6187558%23comment-6187558

"Legal ruckus over the Kindle." A fairly reasonable statement of the general facts of the case. http://tech.yahoo.com/blogs/null/121556

"Amazon Releases the New Kindle 2." Includes some legal issues. http://online.wsj.com/article/SB123419309890963869.html

"Book publishers object to Kindle's text-to-voice feature." Covers some of the legal issues involved. http://news.cnet.com/8301-1023_3-10161104-93.html

"E-Book Rights Alert: Amazon's Kindle 2 Adds 'Text to Speech' Function." Authors Guild statement. http://www.authorsguild.org/advocacy/articles/e-book-rights-alert-amazons-kindle-2.html

Copyright lawyer, Ben Sheffner, blogs on the controversy. http://copyrightsandcampaigns.blogspot.com/2009/02/authors-guild-explains-stance-on-new.html

"Kindle Text-to-speech is a lot of talk." One of the better overviews of the legal questions involved. It also includes two versions, one by a TTS program and one by a human, of some text to compare the two methods. http://www.networkworld.com/news/2009/021109-kindle-text-to-speech-issue-is-a.html?page=1

"Know Your Rights: Does the Kindle 2's text-to-speech infringe authors' copyrights?" Ex-copyright attorney talks about the issues involved. The best overview I've seen. http://www.engadget.com/2009/02/11/know-your-rights-does-the-kindle-2s-text-to-speech-infringe-au/

"DRM White Paper AAP/ALA White Paper: What Consumers Want in Digital Rights Management," Discusses the problems of TTS for publishers and audiobook companies because it isn't adequately defined in a legal sense. No longer available online.

What Publishing Should Do, PUBLISHING

Last week on his blog, agent Nathan Bransford asked his readers what they'd like to see the big publishers do to help the ailing publishing industry.

Not being shy, I offered these solutions.

EBOOKS

Publishers have failed to look toward the future of book distribution which is ebooks.

Like it or not, ebooks are the future. They are simply too efficient a delivery system, and with the price of paper and transportation skyrocketing as well as the slow death of the bookstore industry, they will soon be the only way many books will reach readers' hands.

Already, they are the growth industry within publishing. In September according to the AAP, they rose 77.8% in sales. To see the kind of growth ebooks are experiencing, go to the International Digital Publishing Forum ( idpf.org) and click on the industry statistics.

The publishers need to rethink their distribution deals with ebook providers, particularly Amazon which demands 66% of the cover price. This is utterly ridiculous since this covers computer storage and automated sales, not warehouses, human labor, and shipping.

Agents and authors with clout need to fight back against the 15% ebook royalty which in an insult, particularly for books that are going into paper where a vast majority of the book costs -- acquisition, editing, and cover -- are factored into the book's costs. If authors can't make a living in the system, the system will fail.

Ebooks may also be the solution to the shrinking midlist. The surviving bookstores and box stores are increasingly focusing on the bestsellers and list leaders, and the midlist has very few sales outlets.

The midlist is where the new authors and the next superstars come from so the publishers simply can't abandon it. They should move many of these books into ebooks or use the small ebook publishers as a farm system similar to what professional baseball teams use. This method has already been used by wily romance editors when they saw the immense success of erotica.

I cover this topic as well as the POD situation in more detail and give an overview of the current state of publishing in an article available on my website, marilynnbyerly.com . Click on the short story and article icon to find it.

POD

Amazon is in the process of trying to take over the POD market. Currently, they are only going after the small publishers, but, as its history shows, the major publishers will be next.

Right now, a few small publishers are fighting back with lawsuits, but the conglomerates are ignoring the situation. They are fools not to become involved.

Sure, Amazon is only a small percentage of the POD market right now, but with bookstores disappearing, Amazon is setting itself up to be the major player in this form of distribution, as well.

COSTS

The conglomerates need to move their offices out of NYC to cut costs. Baen Books moved to Wake Forest, NC, a tiny town outside of Raleigh, and they are doing just fine courtesy of the Internet, etc.

The money saved should be invested in better pay for editors and for reinvigorating the midlist by finding new talent.

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PUBLISHING AND MARKET NEWS

CONTEST: Amazon and Penguin are holding a second annual Amazon Breakthrough Novel Award in early February. For more information, go here:

http://amazon.com/abna .

MARKET NEWS: Agent Kristin Nelson blogs about what some NY editors are looking for in Young Adult fiction on November the 11th.

http://pubrants.blogspot.com/

AGENT: Emmanuelle Alspaugh is interviewed at Novelists, Inc. blog

http://www.ninc.com/blog/index.php/archives/meet-agent-emmanuelle-alspaugh

Be sure to check out the related post section for links to other agents interviewed.

QUESTIONS? I take writing and publishing questions. Contact me via this blog or at marilynnbyerly at aol.com .

Amazon, the 64 Stone Gorilla

Amazon UK is currently using its clout to force British publishers into unfavorable contracts. One major publisher is fighting back.

Among authors affected are Stephen King and James Patterson.

Here's a link to the story.

http://www.telegraph.co.uk/news/uknews/2123221/Amazon-could-face-strike-by-authors-and-publishers.html

Part Eight of Eight

The Current State of Publishing and Bookselling, Part 8

THE NEAR AND FAR FUTURE OF PUBLISHING

Here's my forecast on the future of publishing.

Essentially, most publishing professionals are worried about the wrong things and not paying attention to the real dangers as the publishing world changes.

It's not about too many titles, it's not about the change from paper to ebook, it's not about what bookstores are doing.

It's about the fight for the conduits of media, both paper and digital, to the consumer, and it's a fight that may already be lost to Amazon.

Amazon is doing everything right. They are bleeding publishing through used books and pricing control while doing almost everything better than brick and mortar stores, and now they are making a dramatic move to take over a major chunk of the digital arena with the Kindle.

Big publishing, meanwhile, is looking the other way as small publishers are fighting Amazon about POD and even greater price controls because the big guys don't think Amazon will go after them next.

Paper, ink, and bookstores are still here and will be here for some time, but they can't survive long term because digital books are simply too dang efficient in every sense.

The bookstores will go first because people are more stressed for time than for money, and online is easier. Before the bookstores go, they will effectively kill what is left of midlist fiction in their ongoing effort to stock bestsellers and list leaders to the exclusion of midlist.

Meanwhile, the used book industry will suck away even more of the profit from paper publishing until it collapses in a sea of red ink.

Books will move into digital format, but new books and new writers will continue to be buried under a sea of backlist moving into digital format.

Platforms will continue to be the means of success for most authors, and other authors will be relegated to niche markets and scrambling for readers.

A long story short. Sell all your stock in bookstores and publishers, and buy Amazon stock. It's probably the only way any of us will make much money in the coming climate of change.

THE FUTURE FOR WRITERS?

It's been many years since most authors have supported themselves through their words, and this will not improve.

Publishing in its usual heedless manner will use the authors' profits as a means to bolster its own bottom line as the distributors suck the publisher dry.

As history has proven, most readers will be more concerned with their own time and money than the future of writers and publishing so they will continue to frequent Amazon, one stop online digital providers, and the box stores for their reading.

WHAT SHOULD YOU DO?

Write if it's a joy, work hard toward whatever goal you have for success in your writing career, educate yourself on the business, and plan for your future as if you won't see much income coming from that writing.

Don't trade your life for writing dreams. It will be a bitter and uneven trade even if you succeed beyond your wildest dreams.

And do dream. It's what makes you the unique writer and person you are.

Part Seven

The Current State of Publishing and Bookselling, Part 7

HOW DO THE READER AND THE WRITER FIGHT BACK?

The reader is the writer's best friend. If the writer educates her readers about the publishing business, the reader will help the writer fight back.

Here is the "Book Biz 101" fact sheet, I share with readers.


•Thank the bookstore manager for carrying the kinds of books you like.

•If you can't find a book, ask the bookstore to special order it for you. If enough people do this, they'll order the author's next book.

•Don't pass around new books to friends. A bookstore and the publisher can only tell how popular a book is by the number of copies sold. If you share your one book with six friends, the publisher and the bookstore won't know this. Get those six friends to buy the book themselves. And give good books good word of mouth so others will buy it!

•Buy the book new, not used. If you buy the book used, you won't be counted as a reader. It costs more money, but you will insure that more books like it will be printed.

In the days before the paranormal romance became popular, a used bookstore owner told me that the average paranormal romance was traded at least 10 times before it disintegrated. It rarely stayed in the store more than a few hours because readers were on waiting lists for these books. The readers said they couldn't find the books anywhere but at the used bookstore, and the regular bookstore said no one wanted to buy these books so fewer books were sold new, and fewer books were published. A very vicious cycle.

•Don't take a book to the used bookstore until it is no longer on the bookstore shelves. Two to three months from the time you buy it is a good rule of thumb.

•Paperback books without their covers are stolen books. Tell the person at the flea market or used bookstore that it's illegal to sell and show them the legal note to this effect at the front of the book. If you continue to see books like this sold, send a letter to the publisher and tell them.

•If you absolutely must choose two books, one new and one used, buy the "name" author used and the unknown author new. The name author can survive a few used books, the new author may never sell another story because her first book sold poorly.

•If you see an electronic version of a copyrighted novel available for free at some website or on a newsgroup, contact the publisher or author immediately and tell them. Not only is this illegal, but it is the financial murder of your favorite authors and the end of the kind of books you love.

•If you like a book or a publisher's line, write the publisher and tell them. (The publisher's address is in the front of the book.) The people who usually write are the ones who don't like that kind of book. In your letter, tell the publisher how many books a month you buy. If you are a younger reader, tell the publisher that you'll want to read these books for a long time, and you recommend them to your friends.

A fan letter to the author also works.

Authors remember to send copies of these letters to your editor and agent!

•If you hear a line is closing, write the publisher and complain. Don't let that vampire or sf romance go gently into the good night without a hardy complaint or indignant werewolf howl of unhappiness.

•Buy books from the small presses and e-publishers who are publishing the kinds of books you like. Continue to buy from these small publishers when the major publishers move into this market to keep the small publisher alive. Major publishers are notoriously fickle about remaining in certain markets.

•It may be simpler to buy all your books at Amazon or Fictionwise, but you can often save money by buying directly from the publisher's site. At most epublisher sites, the author makes a higher percentage of the sale.

Amazon is trashing the publishing industry and its authors because the buyers have given them that power. Take it away by spending your money elsewhere.

•Buy from local independent bookstores.

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Tomorrow, I'll finish this series with some educated guesses about what the near and far future will bring to publishing and bookselling.