y

News: Guest Strip - Jamie Cosley

Scott R. Kurtz: Today's hilarious guest comic was created by Jamie Cosley! I love his take on PvP. Look how expressive they are. I always learn something when other artists do their take on my characters. Jamie is currently creating comic strips for Star Wars Insider and Walt Disney World Magazine. You can also find him on Instagram at @jamiecosley




y

News: Guest Strip - Terry Blas

Scott R. Kurtz: Today's guest comic was written and illustrated by my good friend Terry Blas. Not only is Terry the inspiration for Max's boyfriend, he's also an accomplished writer and cartoonist. His books Hotel Dare and Dead Weight are available on Amazon and are sure you lift your spirits during the quarantine. And his Instagram account is full of his amazing art. I think we're going to work together on more Max and Terry strips, so stay tuned.




y

News: Guest Strip - Steve Conley

Scott R. Kurtz: Today's guest strip was created by none other than smilin' Steve Conley, and I adore his take on my characters. I've known Steve for years, and have wonderful memories of both SPX and the Baltimore Comicon hanging out after the show and talking shop. Steve was a pioneer in syndicating web-content and has always been a little bit ahead of the curve. I've always been impressed with his art, his writing, and his ability to discover new ways to distribute his comics. His current book, The Middle Age, continues this trend. It's hilarious, sweet and gorgeous. Steve is creating the entire book




y

The Body Electric

“Excuse me,” I said to the lithe twenty-something after she uncoiled out of her improbable yoga pose.  “Yes?” the girl said, her creep detection radar blasting enough wattage to boil my blood away.  “Are you using this box for your workout?”  “Oh, no I’m not. Sorry.” After removing her keys, phone, earbuds, towel, water bottle, and […]

The post The Body Electric appeared first on Waiter Rant.




y

You Have All The Time In The World

“There’s someone her to see you,” one of my volunteers, said.  “Who?” I said, not looking up from my paperwork. “A couple with two kids. They said they need to talk to you.” Even though Christmas is just under two months away, the food pantry I run is already busy preparing for the holidays. In […]

The post You Have All The Time In The World appeared first on Waiter Rant.




y

Kiss Library: Pirate Site Alert

Posted by Victoria Strauss for Writer Beware®

I've gotten several alerts over the past week about a pirate site that's new to me (though not new: this warning was first published in September 2017): Kiss Library, where many authors are finding unauthorized electronic versions of their books.

Kiss Library differs from the typical pirate site in a couple of ways. Unlike, say, Ebook Bike, run by serial copyright thief and "information wants to be free" ideologue Travis McCrea, it doesn't simply offer pirated books for free download, but appears actually to be selling them. Also unlike Ebook Bike and other pirate sites, it seems to promptly respond to DMCA notices.

I found two of my own books listed.


I filled out the form on Kiss's DMCA page, and within minutes my books vanished from the site. I also received this email:

Awwww. How nice. They're contrite! It's not their fault! They'll pay back the illicit profits! They are so transparent about the whole thing!

Except...it's bullshit. They send the exact same response to everyone. Here's someone who got it in July:


A friend of mine got it in March. Someone else got it in 2018. Kiss seems to have concluded that it's better to lose a few listings (which can always be reinstated later) than to make waves by ignoring authors or telling them to f*ck off. It's a different strategy from the "fight everything" stance of many pirates, or those that send takedown notices into oblivion--and it's probably why Kiss, with its huge, monetized catalog of pirated books, hasn't sparked the uproar other pirate sites have.

It's been suggested that Kiss doesn't actually take down disputed books: it simply blocks the IP addresses of anyone who sends a DMCA request so they can't see that the books are still on offer. I've no idea if this is true.

Also, there's the question of whether Kiss really offers the books at all--whether it's nothing more than an elaborate phishing scheme that uses books as bait. I followed purchase links all the way to the point of providing credit card info, but I didn't dare do more. This anti-piracy service, however, did:
So if you visit the site, be careful. Send the DMCA if you find your books, but don't try to test the system by buying anything.

Kiss's About page features a photo of smiling millennials and a Canada address. Kiss originally had a .com domain, registered in 2017 by a Gibraltar-based registrar that was shut down by ICANN this past March. Its current .net domain, which is just 6 months old, is registered to Legato LLC, a Russian company. Make of that what you will.

UPDATE: An update from the anti-piracy service:
So maybe there's no content on the site--just book covers--and all they're doing is taking the money and running.

ANOTHER UPDATE: Per this Facebook post from Tamara Thorne, the Authors Guild is aware of Kiss Library and is preparing a statement on the status of the matter and steps they are taking. I'll link to or post it here when it's released.

UPDATE 8/10/19: Well, that didn't take long. Thanks to an alert commenter, I visited Kiss Library this evening and found this:


Not only have they reinstated the two books I DMCA'd (with different covers; they're both backlist books that I re-published with Open Road Media), they've added my two other Open Road backlist books, and a pair of fake books put up by a Writer Beware-hating troll a few years ago as part of a harassment campaign. Think the Kiss Library folks know about this post?

UPDATE 8/11/19: Oops, gone again (except for the two fake books that use my name). Someone is following Writer Beware!




y

Universal Book Solutions: Anatomy of a Book-to-Screen Scam


Posted by Victoria Strauss for Writer Beware®

Selling film rights to Hollywood is among writers' most fevered dreams. And where there is something that writers want or need, there are always sharks waiting to take advantage.

The Hollywood book-to-screen "marketing" package was pioneered by Author Solutions, way back in the early 2000s. All the Author Solutions imprints offer it, including the imprints AS runs for publishers. Here's what the package looks like, from AS imprint Xlibris:
  • Hollywood Ticket: coverage by a "professional reader." Cost: $999.00.
  • Hollywood First Act: a synopsis, "critical analysis", and "45- 60-second teaser Book Video" for "catching film executives' attention". Cost: $2,999.00.
  • Hollywood Director's Cut: an 8-10 page treatment by a "professional screenwriter", plus "consideration" by Author Solutions' "first-look Hollywood partner". Cost: $3,899.00
  • Hollywood Producer's Pick: this is the big kahuna, a full screenplay written by a screenwriter, plus consideration by AS's first-look partner. Cost: $16,299.00. Note that the screenplay is based on "your approved Hollywood Treatment", which you must previously have purchased--so the real cost of this option is $20,198.00.
Although a handful of other assisted self-publishing companies have offered similar packages over the years (here's the one from Bookstand Publishing, for instance; Outskirts Press also had one for a time, though it seems to have been discontinued), Author Solutions hasn't faced a lot of competition in the high-priced Hollywood dream exploitation business--primarily, I'm guessing, because of the cost and coordination involved in providing the coverage, critiques, treatments, and screenplays to the authors who buy them.

That's changed recently, though.

An explosion of book-to-screen "services" has hit the internet, courtesy of the Author Solutions copycat scams that I've been writing about so much lately (there's a complete list in the sidebar). Author Reputation Press, Coffee Press, Dream Books Distribution, Media City Publishers, Paramount Books Media, Book Art Press, New Reader Media, BookVenture, Pearson Media Groups, MatchStick Literary, and more all offer some version of the Author Solutions book-to-screen package, either on their websites or in their (extremely aggressive) phone and email solicitations.

The value of any book-to-screen package is highly debatable, regardless of who provides it. Vendors of such "services" play on authors' dreams of making it big, while failing to provide any kind of realistic information about the extreme unlikelihood of success. Most books never sell or option film rights (they're among the subsidiary rights least likely to be exploited, even for successful authors with top-flight agents), and it's far harder to sell a screenplay than it is a book manuscript. For most authors, the most probable result of buying a book-to-screen package is a smaller bank account.

And that's assuming that the vendor actually provides the advertised services, and doesn't just take the money and run. Author Solutions, at least, does seem to produce the coverage, etc., it sells, in a reasonably literate manner (you'll see some examples if you read on)--though of course, like paid reviews, the critiques and coverage are likely to be customer-friendly--that is, unrealistically positive.

The copycats, on the other hand...they don't exactly have the greatest track records for quality, reliability, or service. Or honesty.

An example: Universal Book Solutions, which styles itself "a Book-to-Screen Marketing Professional, with years of experience in working for motion picture projects for producers, agents, directors, and major studios in Hollywood." As usual with the Author Solutions copycat scams, there's no information that would allow you to verify any of these claims--no list of owners or staff, no company history, no examples of successful projects. That's no accident, of course.

A sensible person might also wonder about the quality of written materials produced by a "Book-to-Screen Marketing Professional" that puts out website text like this (English-language lapses are one of the markers for the copycat scams):


Here's how UBS's slightly more literate email pitch begins (I've seen two of these now, and they're identical):

The email goes on to detail the services on offer--news release, coverage, treatment, and screenplay--in language that has been lifted directly from the Xlibris (and other Author Solutions imprints) book-to-screen package. As further inducement, a bunch of glowing--and conveniently unverifiable--quotes are appended at the end. Turns out that these too have been lifted, though from a different (and, in its way, equally questionable) source.


Anonymous testimonials are the best kind, right?

Last but not least, UBS includes several attachments--supposedly, examples of its work:


"Sample coverage" is this. Looks surprisingly literate and detailed, doesn't it? But wait. Here it is again...on the iUniverse website (the book was published by another Author Solutions imprint). Ditto for UBS's "sample treatment:" here's what UBS sent. Here it is at iUniverse (which also published the book in question).

(As for The Little Prince screenplay, I can't find any evidence of it online, but given all the other borrowing, it's sure to have been snitched from somewhere.)

So...a plagiarized book-to-screen package, promoted with plagiarized text, further promoted with plagiarized testimonials, and finished with sample documents produced by others and falsely presented as UBS's work. If you hand over your money to these folks (neither of the authors I heard from went far enough into the process to get a price), what do you think the odds are of getting any of the promised products?

Universal Book Solutions claims a Florida address (per a Google search, it's a private residence in what looks like a condo community), but has no business registration in that state. Its web domain was registered just last February. As for Allen Gardner, Project Manager, guess where he's located.
UBS is an especially egregious example of this increasingly common scam. But as noted above, there are many others, and they are aggressively soliciting authors, especially those who have published with Author Solutions imprints, small presses, and pay-to-play companies like Christian Faith Publishing and Page Publishing. Be on your guard, and if you hear from a company that wants to take you to Hollywood--for a price--remember that if it sounds too good to be true, it probably is.

For a much more realistic discussion of the book-to-screen process, see Jane Friedman's excellent article, How a Book Becomes a Movie. Scroll down to the final comments to see one from a writer who was solicited by Universal Book Solutions.




y

Authors' Concern Grows Over Late Royalty Payments at Dreamspinner Press

&

Posted by Victoria Strauss for Writer Beware®

Scroll down for updates

On Wednesday, September 11, Publishers Lunch published an article by Erin Somers about payment issues at Dreamspinner Press, which I'm reprinting here with permission.
Dreamspinner Keeps Promising Authors to "Catch Up What Everyone Is Due" In Payments

Romance publisher Dreamspinner Press has not been paying royalties in timely fashion, authors have been reporting online, at least partially confirmed by emailed updates from the company that have been shared. Earlier this summer, authors posted on Twitter that the publisher had been inconsistent with payments for over a year, including delays in issuing both first quarter and second quarter 2019 royalties. In June, author TJ Klune posted, "Out of the last 8 quarters, this is the fourth time payments have been late, and the second in which I am owed penalties for said lateness." (Klune had said in March he would part ways with Dreamspinner after delivering three more books.) Author Suki Fleet posted, "I'm not waiting on a lot--but what I am waiting on is from foreign royalties paid to Dreamspinner this time *last* year, that I had to specifically ask for."

That month authors began announcing requests to revert their rights, a trend that continued over the course of the summer. There was some controversy within the romance community over whether authors withdrawing their work could cause the publisher to fail (or fail faster), in which case no one would get paid. Criticism extended to authors who supported the publisher as well, even though they were owed money.

Multiple agents PL spoke to said they were no longer doing business with Dreamspinner, except to negotiate their clients' rights back. They told us that acquisitions at the publisher had dwindled over the past year, confirmed by the sharp drop in PM deal reports, with Dreamspinner acquiring mostly from their existing authors, many of whom are unrepresented.

Dreamspinner provided authors a number of explanations in weekly emails, including writing that they had "not received payments from Amazon for UK or EU currencies," that they were awaiting deposits from "vendors," and that the late payments had been caused by a software glitch. In their latest update on September 4, the publisher said that they are anticipating a small business loan that will enable them to issue payments, and that they "can't offer a firm payment date to catch up what everyone is due." The email goes on, "With every set of deposits we receive, we've been sending payments, and we are continuing to respond as best we can to author requests." They added that they can't provide proof of the impending loan that authors have asked for because, "legal and banking documents are confidential and can't be posted online."

Meanwhile, authors including Indra Vaughn, Avon Gale, Jeff Adams, Will Knauss, CJane Elliott, Meredith Shayne, Tia Fielding, and many more have requested rights back. Fielding wrote on Facebook, "In the last year or so, they've repeatedly been more or less late in royalty payments." TJ Klune wrote in an email to the company that he posted on Twitter, that he is owed $27,448 in royalties and plans to involve a lawyer. A Facebook group of 75 former DSP authors has formed for people who have pulled their books or are considering it.

RWA has offered support for authors who have experienced trouble with Dreamspinner. They said in an August 21 statement: "We're aware of the situation, and members who need professional relations assistance, should contact memberadvocacy@rwa.org to reach our staff professional relations manager." Dreamspinner did not respond to PL's request for comment.
Writer Beware has been receiving similar complaints about late royalty and advance payments and confusing/conflicting explanations for the delays, with some authors saying they are owed four- and even five-figure amounts. According to a number of authors who contacted me, these problems have become more acute in the past few months, but they aren't new: periodic payment delays, with attendant excuses, began as much as two years ago.

Although Dreamspinner regularly sends out update emails (you can see an archive of these here), several authors told me they were having trouble getting responses from Dreamspinner CEO Elizabeth North.

Also of concern: in the midst of repeated payment delays, and despite its admissions of financial distress, Dreamspinner appears to be proceeding with sweeping expansion plans, including a shift to mass market paperback format, increasing the number of translations for the foreign market, and rolling out a new accounting and payment system (which several of the authors who contacted me told me they'd had trouble with). Multiple authors told me that they fear that author royalties, which Dreamspinner says go into an escrow account, are instead being used to finance company operations.

Authors' anger at the situation is growing. Meanwhile, Dreamspinner is still open for submissions. Writers who are considering approaching this publisher might want to hold off for the moment.

More information:

Tweets from authors Avon Gale, TJ Klune, Roan Parrish, KJ Charles (search "Dreamspinner" on Twitter to see many more).

Blog posts by authors Mary Winter, RJ Scott, Rhys Ford, TJ Klune.

Non-Dreamspinner author X. Marduk is compiling a Dreamspinner timeline, with lots of links to tweets and blog posts.

UPDATE 12/25/19: The payment problems at Dreamspinner appear to be ongoing. A group of Dreamspinner authors contacted RWA to request help:


You can read the entire letter here.

According to one of the letterwriters, RWA responded that there is nothing they can do. Dreamspinner's issues are now part of the implosion of Romance Writers of America, with writers increasingly furious over RWA's alleged foot-dragging in addressing complaints--not just about Dreamspinner, but generally.

UPDATE 12/28/19: Another of Dreamspinner's eminently reasonable-sounding but holy-crap-if-you-read-between-the-lines updates. (Summary, if you don't want to click on the tweet: they've hired a firm that specializes in financial restructuring to "develop a plan for 2020 and a structured repayment of all past due amounts." They promise to "be in touch with authors directly about their repayment schedule".)
When you have to explain yourself by saying "We want to make clear that this isn't bankruptcy", it's not generally a good sign.

UPDATE 1/16/20: I continue to hear from Dreamspinner authors who have not been paid. Some are owed thousands of dollars for the first three quarters of 2019, and have received no payment at all; some have gotten partial payment, or are owed for fewer quarters. Bottom line: Dreamspinner owes a crapload of money to its authors.

According to the latest update from Elizabeth North, "Payments for November have started posting. They will all be submitted through Tipalti [Dreamspinner's accounting software] by Friday, January 10." What this appears to mean--at least, as of this writing and based on the authors who have contacted me--isn't actual payment (as in, money in bank account), but a status change on Tipalti from "In Process" to "Submitted For Payment." Also, the payments are for November royalties only. Anything prior to that will be folded into the restructuring plan Dreamspinner says it is pursuing.

Other stuff:
  • Writers seem to be requesting rights reversion in droves. Many of them have multiple titles with Dreamspinner.
  • In some cases,Dreamspinner seems to be unilaterally charging certain fees or expenses or other amounts against what they owe individual writers--i.e., reducing royalties owed by whatever the amount of the expense is. I don't want to provide details here, because I don't want to risk identifying the writers.
  • The National Writers Union wants to hear from Dreamspinner authors who haven't been paid.
  • Dreamspinner is fully enmeshed in the implosion of RWA. Claire Ryan has an exhaustive timeline of the crisis that's tearing RWA apart, with references to RWA's anemic response to Dreamspinner authors' complaints, and allegations that recently-resigned RWA President and Dreamspinner author Damon Suede may not have been eligible for the office based on his actual publications.
One thing that's really striking to me in this whole mess is how, if you look at just one of Dreamspinner's announcements and updates, they sound so very businesslike and reasonable. It's only if you go back and read them all in sequence--as I just did--that the facade starts to crumble, with unmet deadlines, moving goalposts, and unfulfilled commitments.

Back in June, Dreamspinner was promising that "the remainder of outstanding royalties" were about to be released...but here we are in January 2020, and they still owe tens of thousands of dollars. In July, they promised that they were "in the final steps" with the Small Business Administration loan, and "estimated funding has been moved back to mid-August"...but as of January, the loan is still pending. Over the months from June through December, they promised repeatedly to get everyone paid (especially, again and again, royalties for Quarter 2)...and then, in December, they suddenly announced the hiring of a firm to re-structure the entire debt from October backward, with no details about the process, or even an end date for it. Presumably, this firm will want a fee...from a publisher that can't afford to pay its authors.

I get that it's tough out there for small presses. Things go wrong. Vendors are tardy. Loans fall through. Personal emergencies happen. But read from beginning to end, Dreamspinner's updates--so reasonable-seeming individually--start to feel like mere excuses. Together with authors' frustrations and complaints, they paint a really troubling picture.

UPDATE 1/17/20: Re: all those November royalties that were to be released by January 10, and are currently listed in authors' Tipalti dashboards as "submitted" but not actually paid...this rather irate email from Tipalti to Dreamspinner in response to an author's inquiry about the delay suggests why nothing is landing in authors' bank accounts: Dreamspinner's payment account is not funded.


This is not good news. It's really starting to feel like there's some serious gaslighting going on here.

UPDATE 3/19/20: Dreamspinner has not provided an author update since January 7, and writers are still reporting that royalties are in arrears. Yet, amazingly, Dreamspinner is open to submissions:


Also seeking submissions: Dreamspun Desires.

Writer beware.




y

Contest Caution: The Sunday Times Audible Short Story Award


Posted by Victoria Strauss for Writer Beware®

Founded in 2010, The Sunday Times Audible Short Story Award bills itself as "the richest prize for a single short story in the English language." And indeed, the prize is major: the winner receives a cool £30,000 (no, I did not add extra zeroes.)

With judges yet to be finalized, the selection process will include a 20-story longlist announced in May 2020, a six-story shortlist unveiled in June 2020, and the winner revealed on July 2. The shortlisted stories will be published in an Audible audiobook, with included writers receiving "an extra £1,000 fee, on top of a prize payment of £1,000". To be eligible, writers must previously have had at least one work published in the UK or Ireland by an "established print publisher or an established printed magazine" (the Terms and Conditions include an extensive list of the kinds of publishers and magazines that don't qualify). The contest is open for entries until 6:00 pm on December 13.

You can read more about the award, including the prestigious judges who've participated and the well-known writers who've submitted stories, here.

So what's the catch? -- because you know I wouldn't be writing this post if there weren't one. Well, as so often happens, it's in the Terms and Conditions. Specifically:


To summarize this dense paragraph: simply by entering the competition, you are granting a sweeping, non-expiring license not just to Times Newspapers Limited (The Sunday Times' parent company), but also to Audible and any other licensees of TNL, to use your story or any part of it in any way they want, anywhere in the world, without payment to or permission from you.

This is far from the first time I've written about "merely by entering you grant us rights forever" clauses in the guidelines of literary contests, some of them from major publishers or companies that should know better. Sure, in this case the license is non-exclusive, so you could sell your story elsewhere--but only as a reprint, because by granting non-exclusive rights to one company, you remove your ability to grant first rights to another, at least for as long as the initial rights grant is in force.

It's not uncommon for literary contests that involve publication to bind all entrants to a uniform license or grant of rights--so that, when winners are chosen, the license is already in place. But ideally, the license should immediately expire for entries that are removed from consideration--or, if the contest sponsor wants to retain the right to consider any entered story for publication (as TNL clearly does--see Clause 4.2, below), rights should be released within a reasonable period of time after the contest finishes--say, three or six months. There's simply no good reason to make a perpetual claim on rights just in case, at some unspecified point in the future, you might just possibly want to use them.

Not to mention--why should Audible get to make this same claim?

There's a couple of other things to be aware of. Shortlisted authors enter into a 12-month exclusive contract with Audible, for which they are given a "one-off" lump-sum payment (the £1,000 noted above). But thereafter, Audible retains the right "to record, distribute and market such audio version for at least ten (10) years." Again, this right is non-exclusive--but there's no indication that Audible has to pay these authors for potentially exploiting their work for a decade. (If you don't consent to these terms, you can't be shortlisted.)


Finally, although publication is guaranteed only for the shortlist, TNL reserves the right to publish longlist and non-listed entries as well. Great! Except...there's nothing to suggest these writers would be paid either.


There's no question that this is a prestigious--and, for the winner, rich--award. But sober evaluation is definitely in order here. Enter at your own risk.




y

Vanity Radio: Why You Should Think Twice Before Paying For an Interview


Posted by Victoria Strauss for Writer Beware®

In a super-crowded, hyper-competitive marketplace, one of the main challenges for book authors is to stand out. And where there's a need, there are always unscrupulous operators waiting to take advantage. The internet is awash in worthless schemes and outright scams designed to profit from authors' hunger for publicity and exposure.

I've written about a number of these--Hollywood book-to-screen packages, the hugely marked-up PR options offered by Author Solutions, the plague of marketing scams originating in the Philippines. Others to watch out for include book fair display packages (publishing industry expert Jane Friedman has a good article on why these are not worth your money), pay-to-play book review services, and what I'm going to talk about in this post: vanity radio.

What's vanity radio? In the "writer beware" context, it's radio air time that you, the program guest, have to pay for. Such schemes have been around forever in various forms, aimed at experts and creatives of all kinds, from services that explicitly sell pay-to-play interviews, to show hosts that charge interview fees to defray the fees they themselves have to pay their platforms.

The main selling point is the promise that your interview will be heard by a large and eager audience, giving wide exposure to you and your book (see the pitches that I've pasted in below). But vanity radio is primarily online radio, delivered via platforms like Blog Talk Radio and Spreaker, and streaming services like iTunes, iHeart Radio, and SoundCloud. Online radio listenership is steadily rising, but unless there are subscriber lists (as on YouTube, for instance), there's usually no way to determine the audience for any given host or show--or to authenticate any listenership claims the show may make. Lots of people may be tuning in...or no one at all.

As a result, the only verifiable benefit authors may receive for their money is an audio or audio-and-video clip that they can post to their websites and social media accounts. Whether that's worth it when it costs $99 or $150 or $200 is debatable enough. But when the price tag is four figures?

As always in the realm of junk marketing aimed at writers, Author Solutions has been both the pioneer and the primary practitioner. All its imprints sell vanity radio in some form: here's AuthorHouse's offering, for instance (just $1,099!). iUniverse's is identical. Xlibris and Trafford currently sell teasers rather than interviews (for significantly more money), but through 2017 they too hawked interviews.

Recently, however, AS's leadership in the realm of predatory marketing services has been challenged by a flood of scammy imitators. These copycat ripoff factories have adopted vanity radio in a big way, and they aggressively hawk it to authors, both on its own and as part of costly publishing and marketing packages. Here, for instance, is an offer from Book Vine Press (cost: $1,500):

From Author Reputation Press (cost: £1,500):


From Parchment Global Publishing (cost: $1,499):


The copycats re-sell the services of a number of show hosts (there's a list below), but the three personalities noted above--Kate Delaney with America Tonight Radio, Ric Bratton with This Week in America, and Al Cole with People of Distinction--make the most frequent appearances on the copycats' websites and in their email solicitations. Delaney and Bratton have substantial, legit resumes in TV and radio; Cole is a bit harder to research, but he too seems to have a sizeable track record as a talk show host.

What, if anything, do they know of the reputation and tactics of the copycats that are re-selling their services? I contacted all three for comment last week. Cole's assistant responded in email that "Al Cole knew nothing about this....Our office will certainly look into this." As of this writing, I haven't heard back from Delaney or Bratton.

Given that the copycats routinely charge an enormous markup on products they re-sell (see, for instance, this warning from the Combined Book Exhibit, whose book fair exhibit packages many of the copycats re-sell for hugely inflated prices; the copycats also seriously jack up the fees for paid book reviews such as Kirkus Indie and BlueInk Reviews), it seems a fair bet that the interviews' hefty price tags are substantially inflated as well.

Apart from the question of such interviews' value for book promotion, that seems like reason enough to avoid them.

******

Author Solutions copycats that sell interviews from the individuals mentioned above:

BookVenture, ReadersMagnet, Maple Leaf Publishing, Parchment Global Publishing, Rustic Haws, Branding Nemo, Creative Titles Media, Paradigm Print, Stampa Global, Books Scribe, Matchstick Literary, PageTurner Press, EC Publishing, WestPoint Print and Media: Ric Bratton

LitFire Publishing, Author Reputation Press, ReadersMagnet, BookTrail Agency, Book-Art Press, Box Office Media Creatives, IdeoPage Press, Book Agency Plus: Kate Delaney


ReadersMagnetAuthor Reputation Press, Rustik Haws, URLink Print & Media, Workbook PressParchment Global Publishing, BookWhip: Al Cole


BookTrail Agency: David Serero

BookTrail Agency, Book Agency Plus: Angela Chester


UPDATE 1/9/19: Parchment Global has added the disclaimer in red to its solicitations for Al Cole interviews (it might want to do some proofreading):


I don't know if this was at Mr. Cole's behest (remember, he's the only vanity radio host who responded--if not very expansively--to my request for comment) or is just CYA by Parchment Global itself, but hey--it lets me know that the scammers are still reading my blog.

Do I believe Parchment Global has stopped taking a cut? What do you think?




y

How Predatory Companies Are Trying to Hijack Your Publisher Search, Part 3


Posted by Victoria Strauss for Writer Beware®

In my first post about the ways that predatory companies attempt to ensnare unwary writers who are searching for publishers, I discussed fake publisher-matching websites. In my second, I exposed the scammy Google ad tactics of vanity publisher Austin Macauley.

In this third post, I'll talk about an equally insidious practice: providing misinformation or even outright lies about traditional publishing, in order to make self- or vanity publishing appear superior.

Yesterday on Twitter, someone tweeted this chart, which purportedly compares traditional publishing and self-publishing.


If you're even slightly savvy about publishing, the inaccuracies are easy to spot. Trad pubs often pay royalties on retail price (not "net sales"), or pay a higher percentage (higher royalties are especially common in the small press world). Trad pubs that pay advances don't withhold them from less popular authors, and they don't require authors to make "certain minimum orders" or to buy thousands of copies of their own books. And while it's often true that smaller traditional publishers don't provide much in the way of PR or marketing support, and larger houses invest more marketing in more popular books and authors, they don't simply ignore 95% of their output (this makes no sense; what business markets only 5% of its products?)

As for author rights...trad pubs do license exclusive rights from authors, sometimes for a period of years, sometimes for the life of copyright (with reversion usually happening well before then). But they don't gain ownership of them (as "all rights are with the publisher" implies), because the author retains copyright--plus, authors can often negotiate to keep some of their subsidiary rights. And although self-publishing is typically non-exclusive, allowing authors to publish on multiple platforms if they wish, they do still have to license publishing and distribution rights to whichever platform or service provider they choose--otherwise, the platform couldn't legally produce and sell their books.

The chart comes from this how-to-self-publish article, which is really just a long ad for PublishEdge, which is (surprise!) a paid publishing services provider.


PublishEdge is a "division" of Zaang Entertainment Pvt Ltd, which, unlike the Philippines-based scams I've been covering so much lately, is based in India. The range of services it sells aren't priced as high as some of the scammers', but there are still plenty of warning signs: no information about who is providing the services on offer (so you have no idea who they are or if they're qualified); no cover or website design samples (so you have no idea what you'd be getting for your money); and this pitch for ghostwriting services, which invites you to "Discover the simple secret to how celebrities and busy professionals get their books published without actually writing", courtesy of "our book writing experts", who (judging from the description of the service) basically type up a Skype interview into a chapter book. Most likely these unnamed "experts" are hired on Upwork or Fiverr or a similar jobs site (holy plagiarism scandal, Batman!).

PublishEdge isn't alone in misrepresenting traditional publishing in order to make itself look more attractive. Among other alternative facts, this chart from Morgan James, a vanity publisher with an author purchase requirement, claims that "many major houses" require authors to buy 5,000 copies or more of their own books (doesn't that make MJ's 2,500 purchase requirement seem appealing?), and that trad pubs provide no PR or marketing support for 94% of their books and authors. (Hmmm. Could PublishEdge have borrowed a little something there?)

Here's another misleading comparison, from Union Square Publishing, a self-styled hybrid (read: vanity) publisher. It too borrows heavily from Morgan James's chart, with several of the same dubious claims. Here's another one--this time from Success Publishing, which sells Chicken Soup-style anthology slots.

This one, from "custom" publisher Momosa Publishing (packages start at $5,900), doesn't tell quite so many fibs, but encourages you to believe that trad pubs cap their royalties at 6%, and don't market their books to libraries. And then there's this from Atmosphere Press, another so-called hybrid, which wants to convince writers that a $5,000 publishing fee will save them from the "raw end of the deal" they'd get from a trad pub, "losing not just their royalties but also the rights to their material and to their control over their art." Not addressed: the likelihood of ever making that $5,000 back.

These are just a few examples; there are many more. If you use the internet as part of your publisher search, you're very likely to encounter them (in some cases, disseminated by self-styled experts who ought to know better). It's a great argument for a step that many writers skip: learning about publishing before diving into the quest for publication. As with all aspects of publishing, knowledge is your greatest ally and your best defense: the more you know about the way things really work, the better protected you will be against the disinformation described above.

Final note: I know that many writers have had bad experiences with traditional publishers--I've had some myself. Especially in the small press world, many traditional (at least in the sense that they don't charge fees) publishers engage in nonstandard and author-unfriendly business practices. There's plenty of discussion of that on this blog. I'm not trying to paint trad pub as perfect, or argue that it's necessarily a better choice for any given writer.

But deliberate distortions like those described above don't help anyone, even if you don't take into account their obvious self-serving agenda. Tarring an entire segment of the publishing market with a broad negative brush--especially where some of the supposed negatives are demonstrably false--is as irresponsible as arguing (as some people still do) that only traditional publishing is a worthwhile path. 




y

Beware: Wid Bastian a.k.a. Widtsoe T. Bastian / Genius Media Inc. / Kairos Phoenix Company


Posted by Victoria Strauss for Writer Beware®

Scroll down for updates

Early in 2019, seventeen writers were recruited to participate in a box set of medical thrillers, called (with unforeseen irony) Do No Harm.

The buy-in: $750, with net income from sales going to two designated charities, and participating writers receiving a pro-rated share of any net income above those contributions. The goal: through cooperative marketing efforts, to get the set on the USA Today bestseller list.

Here's how the opportunity was presented to potential participants (this is from an email that was shared with me):


In other words, right off the bat, authors were being primed not to expect to make money.

Helming the endeavor was a five-year-old PR company called Genius Media Inc., owned by a man called Wid Bastian (full name: Widtsoe T. Bastian). Per this long 2017 discussion on KBoards, one of Genius Media's not-so-genius MOs was to cold-contact writers by form email and offer glowingly-described Kindle Unlimited promotions. "For you, my estimate on an eBook promo is 10,000 plus downloads and 700 plus sales, positive ROI right out of the gate and huge page read income."

The cost: $2,000.

KBoards members urged caution, especially after expert analysis of Genius's claims indicated that its promotions weren't as successful as it advertised, and information offered by a writer who'd paid for a promo suggested that Genius was violating the TOS of the advertising platforms it used. Also noteworthy: this post from a writer who bought two promos from Genius, and lost money on each one. "That is what Genius Media told me to expect, that the first promo would not show a profit, but that by the second or third promo, they would show a profit." (The writer bought a third promo.)

As it turns out, these concerns were a sign of things to come.

Do No Harm was published, as promised, and made the USA Today bestseller list, also as promised. On October 3 (or possibly October 4), it was unpublished--three (or possibly four) days after the contractually-stipulated end date of September 30.

Per the contract (which you can see here), final reporting and payment was due to authors "no later than December 1". December 1 came...and went. Bastian promised anxious authors they'd get everything by December 15.

One day past that deadline, they did receive a report...but not from Genius Media. Between early December and December 16, with no notice or warning, a company called Kairos Phoenix had purportedly acquired Genius. Other than its business registration--in Wyoming, just like Genius's--and hometown--Logan, Utah, again just like Genius's--Kairos was a black box, with zero web presence. It had incorporated less than a month earlier, on November 22. (You can see the report here.)

That wasn't all that was suspicious. Here's Kairos's financial breakdown:


In other words, USA Today bestselling box set Do No Harm hadn't just failed to make a profit, it had lost money. But...where was the revenue from the $750 buy-in fees--which, with 17 authors, totaled $12,750? (Kairos's explanation: it wasn't included because it was "ordinary income" for Genius Media. "As stated in the contract, the fee was paid to 'participate' in DNH Collab by the author and for no other purpose".) Where were revenues for the days the set had been on sale past the unpublish deadline? (Kairos: "The contractual period for DNH Collab was strictly defined in the contract" as September 30, so any revenue past that date was "irrelevant".)

Equally troubling, why were there more than $15,000 in expenses--three-quarters of which were for "labor"--when the contract stipulated that expenses were not to exceed the total of the buy-in fees? According to Kairos, this wasn't really an expense cap: "This provision was specifically and intentionally included in the contract language to avoid the possibility of a 'cash call' – Genius Media asking authors to contribute more to DNH Collab to achieve the goal of making USA Today Bestseller status. No 'cash call' was ever made in the DNH Collab."

Here's the actual contract wording, though (my bolding):
For the purposes of the USA Today Bestseller Medical Thriller Author Publishing Collaborative Boxed Set program, Genius Media shall not incur any publication and promotion expenses of any nature in excess of the fees paid under the terms of its author agreements and shall have no power to obligate [redacted] or any other author for any publication and promotion expense above author fees paid whatsoever.
There's a "cash call" prohibition and an expense cap. But Kairos wanted writers to believe otherwise, so it could inflate expenses and ensure a loss.

It was obvious to Do No Harm participants that Kairos was taking the money and running--avoiding the substantial payouts it would otherwise have to make by retroactively interpreting contract language, and also enabling Bastian himself to claim he was blameless because of Genius's supposed takeover by an unrelated company. (No one was under any illusion that Kairos Phoenix was anything other than Bastian in a different guise.)

Authors were furious. On December 22, two of them, Christoph Fischer and Dan Alatorre, went public with their experience. Others posted warnings on Kairos's corporate business listing.

Do No Harm isn't the first time Bastian has run this scheme, either.


The box set in question appears to be Tales From Big Country, which was published around the same time as Do No Harm. A third set, Galaxia, was pubbed in September, with profits supposedly going to the Well Aware clean water charity. I've been told that Bastian is recruiting for other sets, including a collection of thrillers.

So who is Wid Bastian, a.k.a. Widtsoe T. Bastian?

His LinkedIn profile ("EXPOSE your new book to develop your author brand and sell more books!") identifies him as the owner of Genius Media, and also of an ebook promotion program called Book Dynamite. In an earlier profile on a freelancers' job site, he describes himself as a "published novelist and screenwriter" (more on that below) who "makes most of my daily bread as a ghostwriter." He also has an IMDB profile, presumably because of his efforts to make a film of the life of Greek Orthodox priest Fr. Themi Adamopoulos.

Genius Media's website has been taken offline, but traces remain in the form of cached pages, and here's how it looked in January 2016, courtesy of the Internet Archive (more recent versions haven't been archived). The company has a D+ rating from the BBB. Bastian also owned or was an officer with at least three other companies during the early to mid-1990s: Off & Flying, Prospex Interntaional [sic] (yes, it really was registered with a typo in the name), and Nevada Pension Investment Fund. Both Off & Flying and Prospex had their statuses "permanently revoked" a few years after incorporating. All three are long dead.

There is also a Widtsoe T. Bastian who pleaded guilty to 13 felony counts including embezzlement, money laundering, and bankruptcy fraud in US District Court in North Carolina, and in 2005 was sentenced to one hundred and forty-four months in prison and restitution of more than $3,000,000. Nothing I can find online directly connects Widtsoe T. Bastian of Genius Media to Widtsoe T. Bastian of North Carolina, so it may be a different person. But Widtsoe T. Bastian is quite an unusual name, as a websearch will make clear.

Finally...I can't say "what goes around comes around", since this pre-dates the ripoff that's the subject of this post, but it certainly seems like a case of advance karma: Bastian's own 2010 novel, Solomon's Porch, was published by none other than Tate Publishing & Enterprises, a notorious vanity publisher that scammed thousands of authors and a multitude of staff, and whose owners pleaded guilty in 2017 to an array of felony charges very similar to the ones described in the previous paragraph.

Tate authors suffered terribly at the hands of their unscrupulous publisher, but Wid Bastian is one Tate author I can't feel all that sorry for.

UPDATE 12/31/19: PACER was down yesterday, so I wasn't able to do a case search. I did so this morning, and here's what's there for Widtsoe T. Bastian:


Some of the listings are redundant, and several cite court documents without any links to those documents. But there's enough available to paint a tangled picture of a 1995 Chapter 11 bankruptcy in Nevada involving several companies in addition to the three mentioned above (the case was finally closed in 2002); a 1999 indictment in Nevada "on charges related to the operation of [Bastian's] venture capital firm"; failure to appear in a Nevada court in 2001; and a 2002 arrest in North Carolina, leading to the plea of guilty on 13 felony counts referenced above.

In 2012, Bastian was placed on probation or supervised release, and jurisdiction over his case was transferred to US District Court for Utah. His probation ended on May 4, 2015.

UPDATE 2/21/19: I'm featuring this comment from yesterday, as it's more indication of a pattern (the commenter has shared documentation with me that confirms what they say below):
In 2013-15, I hired Mr. Bastian as a ghost writer and later co-author of a novel we wrote together called Henry and Tom, sold through Amazon/Kindle Direct Publishing (KDP).

In mid 2015, Mr. Bastian embezzled money from a joint bank account we opened to pay for marketing campaigns for Henry and Tom. Rather than pursue embezzlement charges, I hired an expensive lawyer in Washington DC to transfer all rights for Henry and Tom to me in exchange for a $4K payment to Wid and a non-disparagement clause for both of us. This seemed at the time like the most expedient and cost effective way to deal with all the problems Mr. Bastian had caused.

I thought this matter was concluded until recently when Amazon/KDP informed me that a debt collection firm had placed a lien on Henry and Tom due to a bankruptcy filed by Wid Bastian/Genius Media Inc. KDP is currently sending my royalties to the collector per the lien. I have filed formal complaints with Attorneys General in Connecticut, New Jersey, and New York in an attempt to have the lien removed in states where the debt collectors are registered. I have also filed formal complaints against Wid and Genius Media Inc. with the Attorney General of Utah and the County Attorneys Office in Providence, Utah.

I think blogs like this are creating awareness of the depth and extent of Wid’s continuing criminal activities so we can all work together to stop him from doing this to others and get him to face justice.
You'll note a reference to a bankruptcy. Wid Bastian filed a Chapter 7 bankruptcy petition on January 13, 2020.


A number of victims of his box set schemes are listed as unsecured creditors; if you're one of them, you should have received a snail mail notice, but if you haven't, and are wondering if you're included, here's the Certificate of Notice, with all Bastian's claimed creditors.

The bankruptcy filings also confirm what everybody already knew: Kairos Phoenix was Wid Bastian. The reason he set up this company probably won't surprise you, either.




y

What You Need to Know About How California's New Law AB-5 Affects Writers


Posted by Victoria Strauss for Writer Beware®

Scroll down for updates

Last year, California passed a new law, AB-5, intended to make things better for gig economy workers, such as Uber and Lyft drivers, by forcing these companies to provide employee protections and benefits for their freelance workers.

However, the narrowly-written law, which went into effect on January 2, has created unintended consequences for freelance writers, most of whom are independent by preference. If they sell 35 or more pieces to the same company in a year (which can easily happen with short blog posts or  product reviews), the company must treat them as employees rather than freelancers and pay payroll taxes as well as unemployment and other insurances. Even before the law went into effect, companies were laying off California freelancers and seeking replacements in other states.

Book writers may be affected too, under certain specific circumstances.

The article below was originally published by the Authors Guild; I'm re-printing it with permission. This is an issue all writers need to be aware of, as similar laws are under consideration in other states, including New York and New Jersey.

******

We have been receiving inquiries about California’s new law AB-5 and similar pending legislation in other states that require companies hiring individuals on a freelance basis for labor or services to treat them as employees, unless the individual’s work falls within one of several exceptions. Laws like AB-5 (which goes into effect on January 2) are meant to aid gig economy workers, such as Uber and Lyft drivers, who work for a single company and have no employee protections. They are well-intentioned pieces of legislation, but unless they are narrowly written, they can go beyond protecting gig workers and disadvantage many traditional freelancers who wish to remain independent by overriding existing state agency law.

To be clear, the Authors Guild fully supports employment protections for freelance journalists and authors, and will be lobbying for collective bargaining rights in 2020. Like Uber drivers, writers have no benefits and are often paid less than minimum wage. But forcing writers to work as employees, especially on a state-by-state basis, is not the way to go about it. The situation in California speaks to the importance of deliberation, careful drafting, and getting buy-ins from the various industry groups. Similar “gig worker” bills are in the works in New York and New Jersey. The new draft NJ bill includes a strict, sweeping version of the ABC test. Those working closely on the bill are concerned that freelance journalists will in many cases be treated as employees. We will watch the bill and do our best to ensure that the necessary protections for freelance journalists are added.

* The NY bill attempts to exclude freelance journalists, and we have provided comments to the drafters to make it clearer.* (correction 12.30.19)

AB-5’s 35-Submission Cap

As many of you are aware by now, much of the debate surrounding AB-5 comes down to its 35-submission cap applying to the contributions of freelance journalists, editors, and photographers. When the bill was being negotiated, a coalition of writer and photographer groups, including the Authors Guild, was able to get an exception for freelance writers. Unfortunately, Assemblywoman Lorena Gonzalez, who sponsored the bill, added a cap of 35 pieces per company—meaning that once a freelance journalist or editor submits 36 articles or jobs for the same company in one year, the freelancer must be treated as an employee and the employer must pay California State unemployment and employee insurances.

Many full-time writers today patch together a living from different sources—and they want to keep it that way. Because of AB-5, California freelance journalists writing 35 or more pieces for a single company fear losing clients to writers in states with laxer laws. Indeed, some publications have already stated that they will not hire California freelance writers because of the new law. 35 articles might seem like a lot, but there are plenty of writers who write more than that. Writing a short weekly blog piece for a client could easily put a writer over this limit.

Another problem with treating writers as employees and not freelancers is that employee-writers do not own the copyright in their work; instead, the employer is considered the “author” under copyright law and automatically owns the copyright in its creation. Of course, as most major publications today insist on an assignment of copyright anyway, the practical effect, unfortunately, is the same: the writer gives up copyright. Still, freelance writers who assign copyright can reclaim it after 35–40 years, which is a benefit that employee-writers lack.

Does AB-5 Apply to Book Contracts?

Authors have raised alarm that AB-5 will apply to book writers as well. The Authors Guild has been reviewing the bill from that perspective since it was first introduced. We were assured by those working on the bill that trade book authors are not covered, and we do not see a basis for disagreeing since the bill clearly states that AB-5 applies only to “persons providing labor or services” and authors provide neither “labor” nor “services” under standard book contracts—they instead grant copyright licenses or assignments. Additionally, royalties—even in the form of advance payments—are not considered wages. It is difficult to imagine how a court would conclude that a typical book contract is for labor or services.

Writers with Service-Like Obligations Should Get a Legal Opinion

There are, however, some book-writing agreements that could be considered service agreements and arguably would fall under AB-5, such as work-made-for-hire agreements and contracts where the author has ongoing obligations and the publisher has greater editing ability or control over the content. Authors and writers working under multi-book contracts are most likely to encounter such a situation. These authors’ contracts should be reviewed by an attorney to determine whether they are subject to AB-5. Publishers and authors who want to be certain to retain a freelancer relationship should be careful to make sure the contracts are written as simple license grants and not as services agreements. For instance, the agreement should be written as a copyright grant of a defined work without interim or ongoing obligations, and remuneration should be in the form of royalties and advances against royalties. The writer should also have full control over their work and use their own workspace and tools. As a general rule, it is also recommended that freelance editors and journalists have written contracts that allow them to work when and where they want with no oversight other than approval of the finished work product.

If you have such a contract and are an Authors Guild member, remember that we do review members’ contracts for free. You can send us the agreement using our online form, and our legal team will get you comments and let you know if you need to revise the agreement.

UPDATE 1/16/20: Washington (State, not DC) is contemplating a bill like this as well. From the comments, below:
WA should be on your watchlist, too. An AB5-like bill was just re-introduced in the Senate there, even though it had been defeated last year. It, too, requires writers and other freelancers and independent contractors be hired as employees when their works contribute to the normal business of their clients. The bill ignores a study of independent contractors that was prepared by the Dept of Commerce after the bill's defeat. The study documents that 3/4 of the independent contractors in WA don't need or want the employee benefits touted by the bill's advocates. Between their own efforts and those of their families and friends, they're doing fine. Read the study yourself then write to Sen. Karen Keiser about your opposition to being made employees against your will.

The study: https://app.leg.wa.gov/committeeschedules/Home/Documents/26113?//20902
Senator Keiser: karen.keiser@leg.wa.gov
A similar law may be in the works in Illinois.

UPDATE 1/20/20: This article from Digiday explores the negative impact that AB-5 is already having on freelancers and publishers in California.




y

Junk Book Marketing: Pay-to-Play Magazines


Posted by Victoria Strauss for Writer Beware®

Scroll down for updates

On this blog and elsewhere, I spend a lot of time warning about junk book marketing services: so-called marketing and promotional services that are cheap to provide, but can be sold at a big markup, and for the most part are of little worth for book promotion or can more effectively be done by the author him/herself. Some examples: press releases, email blasts, book trailers, book fair display, social media setup, and social media advertising.

All these and more are hawked to writers at exorbitant prices by assisted self-publishing companies like the various Author Solutions imprints--and also, increasingly, by their scam imitators. Either way, they're a ripoff...but the scammers demand even bigger fees, tell even bigger lies, and deliver even more shoddy results. And that's when they're not just taking your money and running.

A few weeks ago, I focused on pay-to-play radio interviews--another junk marketing service--and why they're not worth the huge fees charged by providers. This week, I'm going to talk about pay-to-play magazines. (You'll note that all the companies discussed below are on my Big List of Publishing and Marketing Scams.)

Have you ever received a solicitation like this one?
Or this one?
Or this one?
Of course the books haven't undergone "extensive evaluation", or been "carefully chosen", or showed to "a team" that "really like[s] your vision". Such solicitations are just spam, blasted out to addresses scraped from the internet or stolen from self-publishing company customer lists.

Nor are these real magazines, in the sense of publications that are widely available to the public. Instead, they're collections of ads, interviews, and "feature articles" sold to writers at huge prices, sometimes interspersed with general interest pieces (often really badly written) or, in the case of New Reader Magazine, with fiction, poetry, and art. These "publications" are never circulated in any meaningful sense; they may be posted online, but their primary mode of distribution is from tables in company booths at book fairs...where many of the authors buying ad or interview space have already paid a premium for display.


The prices the faux magazines charge for placement can be enormous. For instance, here's the  "Executive Full-Spread Ad" from Paperclips Magazine, which is owned by (not "partnered with" as claimed in its solicitation email) publishing and marketing scammer Legaia Books:


A "Showcase" full-page ad costs $3,698 ($2,218.80 on sale), and a "Premier" half-page ad clocks in at $2,599 ($1,299.50 on sale). Paperclips' parent company, Legaia Books, also sells publishing and marketing services at high prices, using deceptive sales tactics to target small press- and self-published authors.

Here's one writer's not very satisfactory experience with Paperclips. I've gotten emails from many others.

New Reader Magazine--which looks quite legit if you don't know better--is owned by New Reader Media. Though the magazine actually appears to provide small payments for content acquired via general submission, it charges anywhere from $5,000 and up for the magazine feature and "partnership" mentioned in its solicitation email. Like Legaia, New Reader Media also sells publishing and marketing services at gigantic prices, as well as book-to-screen services (always a scam).

New Reader has accumulated some online complaints due to its aggressive solicitation and poor performance. It has also been caught making false claims, such as that it was responsible for Christopher Paolini's bestselling novel Eragon being made into a movie.

The Christmas magazine that's the subject of EC Publishing's solicitation can be seen here (if you're brave, you can also check out the Las Vegas Edition, produced for the Las Vegas Book Festival). Like most of the pay-to-play magazines, it's a compilation of author-purchased ads and features, laughably badly-written general interest articles, and a smattering of actual advertising. Prices for inclusion range from a few hundred to several thousand dollars, depending on how much space is purchased.

Thanks to its aggressive soliciting, EC Publishing is the subject of a warning from the Australian Society of Authors.

Authors Press's Authorial magazine has its own website (note the "notice of non-affiliation and disclaimer" that pops up if you linger on the home page: the scammers read Writer Beware). Writers can buy a spot in the magazine, starting at fees of a few hundred dollars; ad space or "features" are also included in some of the more expensive promotional packages Authors Press offers.

Authorial's BEA 2019 issue consists of more than 75 pages of author ads, interviews, and excerpts. Just imagine the thousands of dollars in revenue generated by all those pages, some of which include ten or more ads. Also have a peek at Authorial's gallery page, which features photos of  the dozens of books displayed in Authors Press's BEA booth. In 2019, writers were being charged anywhere from $1,000 to $3,500 for presence in the booth, depending on what level of activity they chose. Now multiply all of this by the seven book fairs Authors Press attended in 2019. It's not chump change.

From URLink Print and Media comes Harbinger Post. Like the others, it's nearly all paid content, interspersed here and there with staff-written features. Here's an example of the caliber of that writing:


Other scammy publishing and marketing companies that sell space in proprietary magazines (I've received multiple complaints about all these companies):

Global Summit House: Global Summit House
Litfire Publishing: WayFairer
AuthorCentrix: AuthorCentrix Magazine
Stonewall Press (defunct): GoldCrest Magazine

Print advertising is expensive, and how useful it is for book marketing is an open question. But if it is to be effective at all, it must offer the possibility of being seen by a large audience of potentially interested readers and buyers.

That means circulation, subscriptions, and quality content beyond mere advertising--not ad-stuffed, error-ridden, proprietary publications whose only exposure to the public is a "free, take one" stack on a side table in a book fair booth. Even if the ad slots weren't insanely expensive--and even if writers didn't have to pay for what real magazines never charge for, such as interviews--buying space in these fake publications would be a waste of money.

Writer beware.

UPDATE 1/29/20: It's not just scammers that run this kind of racket. Via its PW Select - BookLife feature (which I discuss here and  here), industry magazine Publishers Weekly has begun to sell a "very special" service:


These prices rival the scammers'. And the promise of print exposure is not quite what it seems. Per PW's Q&A explainer, the interviews appear not in the body of the magazine, but in "PW’s BookLife supplement, which is published the last week of each month bound into that week’s issue of Publishers Weekly". In other words, easy for readers to ignore or skip over.

PW actually has the wide circulation and industry audience the scammers only pretend to. But given the huge fees and the segregation of the interviews in a separate supplement--not to mention the open question of how useful any kind of print advertising is for book marketing--there's more than a whiff of the same kind of exploitation here.




y

Should You Pay To Display Your Book At BookExpo? (Short Answer: No)


Posted by Victoria Strauss for Writer Beware®

BookExpo (formerly known as BookExpo America, but still referred to as BEA) is the US's leading publishing industry event. Attended by publishers, agents, booksellers, retailers, librarians, and people and companies from all aspects of the book trade, it's an opportunity for industry professionals to network, do business, and learn about new trends, titles, and opportunities in the book world.

Although BEA doesn't happen until May 27 this year, it's not too soon for industry professionals to begin planning for attendance. It's also not too soon for authors to start receiving solicitations--by phone and by email--to buy expensive services and packages that supposedly will give their books visibility at the fair.

Here's what author and editor Jane Friedman has to say about paying to display at BEA. (Jane's website is an amazingly comprehensive and useful resource on all aspects of writing and publishing; you should definitely bookmark it.)
Aside from the Author Market [a designated area of the exhibit floor where self-published authors can buy display space], there are a handful of opportunities for authors to get visibility for their work at BEA. As far as I’m concerned—as someone who attended this show for 10 years, mainly as an editor with a traditional publishing house—it is not worth the investment. Here’s why.

The emphasis of the show is on traditional publishing, rights sales and pre-publication marketing, and does not favor indie title promotion. It is a New York industry event where traditional publishing insiders talk to other traditional publishing insiders. Yes, there are librarians and booksellers, but they’re rarely paying attention to the places where an indie book may be showcased or promoted.

Nobody is going to notice your book there. Your book is likely to be promoted with many other books, with no way of attracting attention even if someone did pause for a second within 50 feet of your book. Imagine setting a copy of your book down in the world’s largest book fair, and expecting someone to not only notice it, but be entranced by it so much they can ignore 10,000 other things happening at the same time.

If you—the author—are not present to advocate for it, your book doesn’t stand a chance. Services that offer to promote your book at BEA are rarely, if ever, hand-selling or promoting your book in a meaningful way. But they will be happy to cash your check and say that your book had a “presence” at BEA. If you want to satisfy your ego, go ahead. But it’s not going to lead to meaningful sales. (I challenge anyone in the comments to provide evidence that a self-published book gained traction at BEA because the author paid a fee to secure placement—and the author was not present.)
I'll add a fourth consideration: You will likely be hugely overcharged, especially by companies that sell book fair packages, or re-sell the exhibit services of others.

SOLICITATIONS YOU MAY ENCOUNTER


1. You may already have received an email from the Combined Book Exhibit's New Title Showcase. The CBE, an area of standing bookshelves outside the entrance to the BEA display floor, offers display packages for a few hundred dollars. For a few hundred more, you can buy an ad in its catalog; for many hundreds more, you can buy an autographing session.

Your book will be placed on a shelf with hundreds of others, in no particular order: there are no separate areas for genres, for instance. I've attended BEA many times, and the CBE is often completely deserted, with not a customer or a staff person in sight. I've never seen more than a handful of people browsing it at any one time. There is definitely no handselling involved.

A number of predatory marketing companies re-sell CBE services for enormous markups. The CBE is aware of this, and has posted a warning on its website (it's no coincidence that all the companies named in the warning appear on the scam list in the sidebar of this blog).

2. If you've chosen an assisted self-publishing company, you may be encouraged to buy presence in their BEA booth.

The Author Solutions imprints sell BEA as part of a package that includes several fairs and costs nearly $3,000. (What do you get for that? Basically, a spot on a shelf, higglety-pigglety in among an unknown number of other books by writers no one has heard of). Xulon Press sells BEA on its own, but with multiple options for spending big bucks, from shelf space only ($599) to a "Boutique High Top Table with 30 Books" ($1,999--do you get to take the table home?).

Outskirts Press re-sells CBE services--for over $150 more than you'd pay if you dealt with CBE directly.

3. Vanity publishers (yes, vanity publishers do attend and display at BEA and other fairs) may offer their authors the "opportunity" for BEA presence--at extra (possibly significantly extra) cost.

Here's my post about SterlingHouse, a vanity publisher that is now defunct but in its heyday charged its authors as much as $9,500 for BEA display of their books, signings, and other perks. (As Jane indicates above, being present to advocate for your book may make a difference--but $9,500 worth? Even if the author sold all 150 books included in the package, they wouldn't come close to making that money back.)

Here's one of the many BEA-related solicitations with which the late, unlamented PublishAmerica bombarded its authors:


4. Some unscrupulous literary agents sell slots in catalogs or portfolios that they claim to bring to BEA, supposedly to market to publishers.

Examples of this scheme that I've seen involve fees of anywhere from $150 to four figures (here's one that charges $300). If your agent is the kind of agent who exploits clients in this way, they are not the kind of agent who has contacts with publishers.

This sort of thing is far less common than it used to be, thank goodness (there are fewer literary agent scams in general, thanks to self-publishing and the many small presses that deal directly with authors), but it's still a ripoff. Don't do it.

5. The most aggressive solicitations--especially by phone--come from unscrupulous or scammy marketing companies.

Services run from the basic--a spot on a shelf in a not-always-very-professional-looking display area (you have to supply the book)--to basic with perks--mostly junk marketing, like press releases, a listing in the company's proprietary magazine, and a "post fair fulfillment report"--to elaborate packages that include an autographing session.

Prices I've seen range from $750 for shelf space only, to mid-four figures for signing packages. For instance, here's Stonewall Press's deluxe offering, which doesn't even include author presence. Note the effort to create faux urgency by pretending that space is limited.


Looking for a bargain? AuthorCentrix is a tad more economical--here are its 2019 BEA packages. The "standard" doesn't include a badge, which would add around $400 to the total.


BOOK FAIR RIPOFFS AREN'T LIMITED TO BEA

Multiple predatory marketing companies and PR services hawk book fair presence to authors. It's one of the most common marketing solicitations you'll receive. Why? Because it's insanely lucrative--for the predator.

The photo below is last year's BEA booth for publishing and marketing scammer URLink Print and Media.


More than 100 books can be counted in this photo. All the authors have paid to be there. URLink also sells ad space in a 50-page catalog, with most of the pages listing eight book per page. Writers have bought the banners shown in the photo, and others have paid to host signings. Still others have bought ads and features in URLink's fake magazine, Harbinger Postwhich sits in piles on a table on the off chance someone picks one up.

The minimum cost for any of these "services" is several hundred dollars, with more elaborate packages running into the mid-four figures (see the examples above). From one book fair, a company like URLink can gross well over $100,000--a considerable profit, even taking into account the cost of booth rental, travel, and badges. Now multiply that by multiple book fairs attended per year.

The Miami Book Fair, which along with BEA is one of the fairs most frequently targeted by marketing scammers, appears to be aware of the exploitation, and provides a warning.

THE TAKEAWAY

My feeling about book fairs is the same as Jane Friedman's: book fairs are not the best place for authors to self-promote. If you do decide to attend, do it with the aim of learning and having fun--not getting "discovered"--and don't pay someone else to take you or your books there. At best, you'll get little return on your money. At worst, you'll be ripped off.




y

Mass Contract Cancellations at Mystery Publisher Henery Press


Posted by Victoria Strauss for Writer Beware®

Beginning on Friday, February 8, dozens of authors with mystery publisher Henery Press received some version of this email.
Dear ________,

Before entering 2020, we felt it prudent to review future projections for _______ series, taking into consideration recent releases and overall performance. To provide an unbiased professional opinion and guidance in our 3-year strategic plan, we hired a consulting firm with experience in the industry. This allowed us to analyze not only your specific series, but also the competitive landscape and industry as a whole.

Unfortunately the sales of _______ series do not justify the publication of future titles beyond 2020. We know this is disappointing. The market has become beyond saturated (especially in mystery fiction), with all leading indicators pointing to even more intense competition for consumer dollars in the next cycle and beyond....

Although we don’t have a pathway forward with your new titles, we will continue to sell and support your backlist titles as usual under the terms of our original publishing agreement. To be clear, we will not be reverting the rights on any of your already published title(s), only future titles specifically outlined in the addendum to follow in the next week.
A number of the cancellations affected books that had been completed, turned in, and scheduled for publication, with some authors having already made promotional plans. Others interrupted series whose first installment hadn't yet been published--with Henery holding on to the yet-to-be-published book and reverting rights to the rest. Cancellation of a series before it's completed can be tough--another publisher may not want to buy into a series mid-stream, and while followup titles can be self-published, it's difficult to promote a series when it's split up like this.

The cancellations came out of the blue (nothing had been said about any strategic plan or consulting firm). But while some writers were blindsided, others weren't hugely surprised. Although they have praise for the company's early days, Henery authors say that problems have been increasing for some time, with staff departures (interns are reportedly used to do a lot of the editing, with sometimes substandard results), late royalty checks and reports (several authors told me that they feel there are discrepancies in their sales figures), diminishing marketing (according to multiple writers, virtually no promotional support is provided), ordering problems (writers cite non-returnability and nonstandard discounts), and difficulty with communications.

"Over time," one author told me, "Henery Press’s business model started to look more like a company that assists with self-publishing and less like a real publisher." (In fact, Henery uses CreateSpace for printing, and Barnes & Noble lists Henery ebooks as "indie".)

I've gotten a variety of additional complaints, which I'm not able to share here because they could compromise confidentiality. There seems to be considerable fear among Henery authors that they will be penalized for speaking out--which may be why almost no word of the cancellations has escaped. There's also the gag clause in the rights reversion addendum that authors are receiving:


One writer told me, "HP payback tactics (they're so vindictive) are hell. [Authors are] afraid if HP even suspects they've contributed, the books they have will go down." I truly wish this weren't such a common component of publisher implosions.

So is Henery imploding? Mass cancellations are never a good sign, and often indicate financial distress. Some Henery authors don't feel that's the issue, though, or not the only issue: they speculate that the owners intend to retire, and are keeping the company alive in order to retain the income stream from existing titles.

I emailed Henery's owner, Art Molinares, for comment. As of this writing, he hasn't responded.

Mystery Writers of America (where Henery is listed as an Approved Publisher) is aware of the situation, and is monitoring it. If you've been affected, you can contact MWA here. Be sure to put "Henery Press" in the subject line. All communications are confidential.

I will post updates as I receive them.




y

Beware: Pigeon House Literary / Druella Burhan


Posted by Victoria Strauss for Writer Beware®

The internet and social media have transformed writer/agent/publisher interactions in many ways, one of which is the proliferation of Twitter pitch events, such as #PitMad, #DVPit, and others.

While no online innovation has (so far) managed to supplant the traditional query-and request route, these events do attract plenty of reputable agents and publishers--unlike other purported shortcuts (*cough*Publishizer*cough*). However, inevitably, they are also stalked by marginals, amateurs, and even scammers.

For instance, Eliezer Tristan Publishing, which charged a $500 fee and went out of business just months after opening up, haunted #PitMad. Ditto for GenZ publishing, which charges authors $2,500. Burchette and Ferguson, a brand-new publisher staffed by people with zero relevant experience, participated in pitch events before they even launched (and went out of business shortly thereafter).

Then there's this:


I've gotten many, many other questions about approaches by dubious companies and individuals as a result of pitch events. All in all, therefore, it pays to be careful, and if you haven't heard of an individual or publisher who approaches you, to research them before responding. (You can contact me; I may have heard something.)

Which leads me to the subject of today's post. I might not normally devote an entire blog post to one marginal agent, but this one is such an egregious example, and seems to be so active on social media--including #PitMad--that I think she's worth a special feature.

Pigeon House Literary Agency launched just this past February. It's run by Druella Burhan, whose resume includes none (zero, zip) of the relevant background experience you typically want to see from a new literary agent--such as a professional writing resume, or having previously worked for a reputable agency or publisher.


The lofty claims Burhan does make are either unverifiable, or provably false. For instance, here's Harvard Medical's publication on its 2011 MD-PhD graduates. Surprise! There's no mention of Druella Burhan.

Here's some of Burhan's agenting philosophy:


The logo (for lack of a better word) at the top of this post provides a preview of the rest of the Pigeon House site (a Wix freebie), which is amateurishly formatted and clearly not proofread (several pages have fully-justified text, with words cut off at the end of lines--I mean, it's a Wix freebie, it's not like you have to be an expert to get it right) and rife with typos, grammatical errors, and bizarre word use. For instance,


That's bad, but here's what it originally looked like. Burhan changed it shortly after I tweeted about it:


There's more: the Who We Are page, which bafflingly proclaims that the agency will "strive to bring a supreme appealingness and picturesque style of books from darkness to life"; the Foreign Rights page, which erroneously cautions writers that "If a literary agent does not agree to take you on as an international client/author, you will not be able to sell books overseas"; the Referrals page, where Burhan bizarrely invites other agents to send her clients. And here's the contract she is sending out, which includes the same formatting/proofreading errors as her website, and is really just an embarrassment.

It's a perfect carnival of amateurism.

Am I being mean here? Maybe, but before you whip out the "everyone has to start somewhere" argument, consider Burhan's false claims about herself and her aggressive use of social media to recruit clients despite her obvious ignorance and complete lack of relevant qualifications (I first heard of her because she was trolling on Reddit, and she is actively inviting queries on her Twitter feed).

The damage an amateur agent can do is considerable--squandering clients' chances with substandard submissions, submitting to disreputable or incompetent publishers, inadequately understanding publishing contract language and therefore not capable of effectively negotiating it. An amateur agent may not drain a writer's bank account the way a scammer would, but the bottom line isn't that different: no sale, and lots of wasted time.

Writer Beware.




y

Copyright Violation Redux: The Internet Archive's National Emergency Library


Posted by Victoria Strauss for Writer Beware®

The enormous digital archive that is the Internet Archive encompasses many different initiatives and projects. One of these is the Open Library Project, a huge repository of scanned print books available for borrowing in various digital formats.

Unlike a regular library, the IA does not purchase these books, but relies on donations to build the collection. Nor are permissions sought from copyright holders before creating the new digital editions. And although the IA claims that the project includes primarily 20th century books that are no longer widely available either physically or digitally, the collection in fact includes large numbers of 21st century books that are in-copyright and commercially available--and whose sales the Open Library's unpermissioned versions have the potential to harm.

Most professional writers' groups consider the Open Library to be not library lending, but massive copyright violation. Many have issued alerts and warnings (you can see SFWA's alert here), and many authors have contacted the IA with takedown requests (to which the IA was not always terrific at responding; you can see my account of my own frustrating experience here).

In the fall of 2018, a novel (and disputed) legal theory was created to justify the Open Library and similar initiatives, called Controlled Digital Lending (CDL). CDL's adherents present it as "a good faith interpretation of US copyright law for American libraries" seeking to conduct mass digitization projects, and invoke as support the "exhaustion" principle of the first sale doctrine (the idea that an authorized transfer of a copyrighted work "exhausts" a copyright holder's ability to subsequently control the use and distribution of  that copy; this is what allows used book sales, for example) and the fair use doctrine (a complex principle that permits the copying of a copyrighted work as long as the copying is limited and transformative). As long as the library restricts its lending in ways similar to restrictions on the lending of physical books (for instance, allowing only one user at a time to access each digital format), CDL holds that creating new digital editions of in-copyright books and lending them out is fair use, and copyright holders' permission isn't necessary.

Libraries in particular have embraced CDL. Publishers' and writers' groups...not so much, especially in light of a recent legal decision that rejected both the first sale doctrine and fair use as basis for re-selling digital content. Here's the Authors Guild:
CDL relies on an incorrect interpretation of copyright’s “fair use” doctrine to give legal cover to Open Library and potentially other CDL users’ outright piracy—scanning books without permission and lending those copies via the internet. By restricting access to one user at a time for each copy that the library owns, the proponents analogize scanning and creating digital copies to physically lending a legally purchased book. Although it sounds like an appealing argument, the CDL concept is based on a faulty legal argument that has already been rejected by the U.S. courts.

In Capitol Records v. ReDigi, the Second Circuit held that reselling a digital file without the copyright holder’s permission is not fair use because the resales competed with the legitimate copyright holder’s sales. It found that market harm was likely because the lower-priced resales were sold to the same customers who would have otherwise purchased new licenses. In this regard, the court emphasized a crucial distinction between resales of physical media and resales of digital content, noting that unlike physical copies, digital content does not deteriorate from use and thus directly substitutes new licensed digital copies.

The same rationale applies to the unauthorized resale or lending of ebooks. Allowing libraries to digitize and circulate copies made from physical books in their collection without authorization, when the same books are available or potentially available on the market, directly competes with the market for legitimate ebook licenses, ultimately usurping a valuable piece of the market from authors and copyright holders.
For a more detailed deconstruction of CDL's arguments, see this statement from the Association of American Publishers.

Flash forward to 2020, and the coronavirus pandemic crisis. Last week, the IA announced the debut of the National Emergency Library--really just the Open Library, but with some new provisions.
To address our unprecedented global and immediate need for access to reading and research materials, as of today, March 24, 2020, the Internet Archive will suspend waitlists for the 1.4 million (and growing) books in our lending library by creating a National Emergency Library to serve the nation’s displaced learners. This suspension will run through June 30, 2020, or the end of the US national emergency, whichever is later.

During the waitlist suspension, users will be able to borrow books from the National Emergency Library without joining a waitlist, ensuring that students will have access to assigned readings and library materials that the Internet Archive has digitized for the remainder of the US academic calendar, and that people who cannot physically access their local libraries because of closure or self-quarantine can continue to read and thrive during this time of crisis, keeping themselves and others safe.
What this boils down to, under all the high-flying verbiage: the IA is ditching the one-user-at-a-time restriction that is one of the key justifications for the theory of controlled digital lending, and allowing unlimited numbers of users to access any digitized book in its collection.

The Authors Guild again, on how this harms authors:
IA is using a global crisis to advance a copyright ideology that violates current federal law and hurts most authors. It has misrepresented the nature and legality of the project through a deceptive publicity campaign. Despite giving off the impression that it is expanding access to older and public domain books, a large proportion of the books on Open Library are in fact recent in-copyright books that publishers and authors rely on for critical revenue. Acting as a piracy site—of which there already are too many—the Internet Archive tramples on authors’ rights by giving away their books to the world.
Here's just one concrete example. Katherine Harbour's Nettle King is available for borrowing in the National Emergency Library as a scan, an EPUB, and a PDF (the IA's EPUB versions are OCR conversions full of errors). Published in 2016, it's also "in print" and available on Amazon and other online retailers as an ebook, in addition to other formats. The IA, which never bought a digital license to Ms. Harbour's book and scanned and uploaded it without permission, now is proposing to allow unlimited numbers of users to access it, potentially impacting her sales. How is this any different from a pirate site?

Announcement of the National Emergency Library has been greeted rapturously by the press and by libraries. Less regarded has been the flood of protest and criticism from authors and professional groups. In situations like these, authors and publishers tend to be dismissed as greedy money-grubbers who are putting profits ahead of the march of progress and the noble dream of universal access to content...despite the fact that authors' right to make money from their work--and, just as important, to control the use of it--springs directly from the US Constitution, and has been enshrined in law since 1790.

In response to the outcry over the National Emergency Library, the IA has issued a justification of it, citing the "tremendous and historic outage" of COVID-19-related library closures, with "books that tax-paying citizens have paid to access...sitting on shelves in closed libraries, inaccessible to them." This noble-sounding purpose conveniently ignores the fact that those libraries' (legally-acquired and paid-for) digital collections are still fully available.

If your book is included in the National Emergency Library, and you don't want it there, the IA will graciously allow you to opt out (another inversion of copyright, which is an opt-in system).


Hopefully they'll be more responsive than they were in 2018, when I sent them DMCA notices that they ignored. Or later, when they began rejecting writers' takedown requests by claiming that the IA "operates consistently with the Controlled Digital Lending protocol.”

******************

I've covered this question above, but I want to highlight it again, because it's such a persistent objection when this kind of infringement occurs: Brick-and-mortar libraries lend out books for free, so how are the IA's "library" projects any different?

A few reasons.

- Brick-and-mortar libraries buy the books they lend, a separate purchase for each format (hardcover, paperback, ebook, audiobook, etc.). The author gets a royalty on these purchases. The IA seeks donations, and lends those. Authors get nothing.

- Brick-and-mortar libraries lend only the books they purchase. They don't use those books to create new or additional, un-permissioned lending formats. That's exactly what the IA does. Moreover, one of its additional lending formats is riddled with OCR errors that make them a chore to read. Apart from permission issues, this is not how authors want their books to be represented to the public.

- People who advocate for looser copyright laws often paint copyright defenders as greedy or mercenary, as if defending copyright were only about money. It's worth remembering another important principle of copyright: control. Copyright gives authors not just the right to profit from their intellectual property, but to control its use. That, as much as or even more than money, is the principle the IA is violating with its library projects.

UPDATE: It appears that the IA--on its own initiative--is removing not just illegally-created digital editions in response to authors' takedown requests, but legally-created DAISY editions as well, even where authors don't ask for this (DAISY is a format for the visually impaired, and like Braille, is an exception in copyright law and is also permissioned in publishing contracts).


It did the same thing in 2018, even where the takedown requests specifically exempted DAISY editions. I don't know if the current removals reflect expediency or possibly are just a kind of FU to writers (and, indirectly, to disabled readers), but if you send a removal request to the IA, you might consider specifically asking them not to remove any editions for the blind and disabled (which, again, are legal for the IA to distribute).

UPDATE 4/2/20: The Authors Guild has issued a statement encouraging writers to demand that the Internet Archive remove their books from its National Emergency Library. The statement includes instructions on what to do, along with a sample DMCA notice in the proper legal form.

UPDATE 4/8/20: SFWA has issued a statement on the National Emergency Library, describing the legal theory of Controlled Digital Lending as "unproven and dubious". (A link to SFWA's DMCA notice generator is included.)
[U]sing the Coronavirus pandemic as an excuse, the Archive has created the “National Emergency Library” and removed virtually all controls from the digital copies so that they can be viewed and downloaded by an infinite number of readers. The uncontrolled distribution of copyrighted material is an additional blow to authors who are already facing long-term disruption of their income because of the pandemic. Uncontrolled Digital Lending lacks any legal argument or justification.
UPDATE 4/9/20: The Chairman of the US Senate Subcommittee on Intellectual Property, Thom Tillis, has sent a letter to the Internet Archive, pointing out the many voluntary initiatives by authors, publishers, and libraries to expand access to copyrighted materials, and expressing concern that this be done within the law. 
I am not aware of any measure under copyright law that permits a user of copyrighted works to unilaterally create an emergency copyright act. Indeed, I am deeply concerned that your "Library" is operating outside the boundaries of the copyright law that Congress has enacted and alone has the jurisdiction to amend.
The letter ends by punting "discussion" until "some point when the global pandemic is behind us." So, basically, carry on and maybe at some point we'll talk.

UPDATE 4/15/20: Internet Archive founder Brewster Kahle has responded to Sen. Tillis's letter, claiming that the National Library is needed because "the entire physical library system is offline and unavailable" (even though libaries' legally acquired digital collections are still fully available) and that "the fair use doctrine, codified in the Copyright Act, provides flexibility to libraries and others to adjust to changing circumstances" (there's no such language in the actual Fair Use statute).

Kahle also notes:
In an early analysis of the use we are seeing what we expected: 90% of the books borrowed were published more than ten years ago, two-thirds were published during the twentieth century. The number of books being checked out and read is comparable to that of a town of about 30,000 people. Further, about 90% of people borrowing the book only looked at it for 30 minutes. These usage patterns suggest that perhaps that patrons may be using the checked-out book for fact checking or research, but we suspect a large number of people are browsing the book in a way similar to browsing library shelves.
But this is hardly a compelling argument. Large numbers of these books are certainly still in copyright, and many are likely still "in print" and commercially available (in digital form as well as hardcopy). Just because a book was published more than ten years ago or prior to 2000 doesn't magically cause it to become so hard to find it must be digitized without permission in order to save it. "But they're older books" sidesteps, rather than addresses, the thorny copyright issues raised by the IA's unpermissioned scanning and digitizing.

This passage also tacitly confirms the IA's abandonment of the one-user-at-a-time restriction that is a key feature of the rationale for the Controlled Digital Lending theory. If the basis for your enterprise is a legal theory whose strictures can be jettisoned at will, how credible is that theory really?

Kahle also claims that "No books published in the last five years are in the National Emergency Library". As it happens, the example I provide above (Katherine Harbour's Nettle King) handily disproves this statement: it was published in 2016, and was digitized by the IA in 2018 (you can see the scan here). I seriously doubt it's the only instance. Either Kahle is being disingenuous, or he doesn't know his own collection.

As a sop to creators, Kahle reiterates that concerned authors "need only to send us an email" and their books will be removed. As I've pointed out above, this is yet another inversion of copyright law, which explicitly gives creators control over the use of their work. In other words, it's the IA, not authors, who should be the petitioners here.

UPDATE 4/16/20: This terrific, comprehensive article from the NWU's Edward Hasbrouck examines the multiple ways the Internet Archive is distributing the page images from its unpermissioned scanning of print books--"[o]nly one of [which] fits the Internet Archive’s and its supporters’ description of so-called Controlled Digital Lending (CDL)."






y

#1505; A Dash of Holiday Magic





y

Make your own 2020 calendar from past calendars! PLUS: Progressive calendar free download

Although there is no 2020 Wondermark calendar per se, observant Marksman Gary T. let me know that dedicated calendar fans can make a 2020 calendar at home with the aid of: • January–February: The 2014 Wondermark calendar • March–December: Either the 2009 or 2015 Wondermark calendar It’s Leap Day this year that throws things off. SO, […]



  • Blog
  • blog: stuff I made


y

KervanSaray Bodrum - На Майские праздники в Турцию

Отдыхали в этом отеле с мужем в мае 2019 Источник: 100 Дорог




y

White Palace Grecotel Luxury Resort - Первомай встречали в Греции

В прошлом году Первое мая и все майские праздники были в отеле Источник: 100 Дорог




y

Four Horsemen Of You-Know-What

Locate S,1 “After the Final Rose” The first time I heard this song was the first time I saw Christina Schneider and Locate S,1 perform live last year, when they were opening for Of Montreal at the Bell House. I was immediately blown away by the verse melody – “women in love, women in airplanes […]




y

Climbing Up Your Wall

The Strokes “The Adults Are Talking” The Strokes is the type of act where the aesthetic premise is always the same – electronic music but played with rock instruments as rock songs – but the approach and execution changes. The interesting thing about their new record The New Abnormal is how that high concept, which […]




y

Stupidly Good-Hearted

Twice “Sweet Talker” When I write about songs sung in languages I cannot understand I generally try to find an English translation. This is helpful in getting the idea of the song, but it can do a weird thing in my brain where my understanding of the song is at a remove from my experience […]




y

Oppressed By These Energies

Car Seat Headrest “Hollywood” “Hollywood” is blunt and bratty in a way Car Seat Headrest haven’t been before, it’s like Sum 41/Blink-182 energy filtered through Will Toledo’s usual dry deadpan tone and indie rock aesthetics. The song is a duet with drummer Andrew Katz, who delivers his parts with a borderline obnoxious punk shout that […]




y

Attempt Try Experiment

Pokus “Pokus Two” The best way I can describe Pokus aesthetic is that it’s like if the rhythm section of Fugazi was playing with a keyboard player who sometimes sounded a bit like Sun Ra when he was messing around synthesizers and overdriven electric organs in the late ’70s and other times was more along […]




y

The Day Is As Long As An Hour

Orion Sun “Lightning” “Lightning” is built around a one chord drone that blinks on and off in slow motion so it feels like falling into a meditative trance but then snapping out of it when you become aware of the trance. Tiffany Majette sings with emotive, soulful inflections but keeps with the drowsy and dreamy […]




y

And You Don’t Stop All Night

Knxwledge “amansloveislife_keepon” Knxwledge has an incredible ear for small moments in songs that can stand up to repetition, and take on a very different character when shaped into an indefinite loop. This cut is essentially a remix of the Patrice Rushen song “Remind Me” that zeroes in on its core keyboard riff and jettisons its […]