[LINK] Is copyright dead? [WAS: Special Report: The Future Of File Sharing]
David Boxall
david.boxall at hunterlink.net.au
Mon Jun 8 16:09:03 AEST 2009
On Mon, 08 Jun 2009 at 10:34:29 +1000 Chris Gilbey wrote:
> ... a levy on recordable media
A taxation regime, like that, is probably the only workable solution.
Given the international nature of the problem though, can any national
government solve it? Would it be more appropriate to levy media,
hardware, infrastructure or services (or all of them - or some combination)?
> ... measuring what people actually consume.
Which is probably the best measure of what an artist should receive. It
would more or less mirror the current sales/income model.
...
Copyright might not be dead, but it's deathly ill. I guess the basic
principles are:
- copying can't be controlled without adverse impacts (market & social) and
- we need a mechanism to support the artists (the rest of the industry
hangers-on can sink or swim as the market dictates).
To that I'd add that eliminating restrictions on copying will
potentially encourage derivative works, increasing the volume of
content. More isn't necessarily better, but at least we'd have increased
choice.
But how to avoid an expensive, bureaucratic nightmare?
Meanwhile, back at the farm:
<http://www.smh.com.au/articles/2009/06/07/1244313033351.html>
Authors ready to throw the book at online pirates
Anne Davies
June 8, 2009
Advertisement
The rapidly evolving world of digital books is presenting new
challenges, writes Anne Davies.
FEEL like reading Australian author Colleen McCullough's Thorn Birds,
but don't want to pay for a copy?
Then just hop onto a site like Wattpad.com and the book is available
free as an electronic download. While this might be a bonus for readers,
it is a disaster for authors, who get no royalties from the downloads.
Several other titles by McCullough, one of the most successful romance
writers, are also available online, much to the horror of her literary
agent, Capel & Land, which was stunned to learn of the pirate copies.
"I can't believe Col would licence such a thing," Georgina Capel said.
Like the music industry, which has fought and partly won the battle over
free music downloads from sites like Kazaa and Limewire, the publishing
industry is about to face a similar struggle with piracy as electronic
books become a reality.
The copies of McCullough's works were the most flagrant breaches of
copyright the Herald found on sites set up to allow file sharing. But
other Australian authors' work are also available.
David Malouf's 1985 work Five Stories from the Antipodes is available in
Russian from Scribd. And for a month, John Birmingham's science fiction
work Weapons of Choice, the first in the Axis of Time trilogy, was
available from the Suvudu Free Library.
Birmingham's agent in the US, Russell Galen, at Scovil Chickak Galen,
said he believed the free download had been authorised by the publisher
as a marketing tool for his new novel Without Warning, recently released
in hard cover.
But for many authors, the morphing of these sites from file sharing
sites into fully digital bookshops/libraries is just one more issue they
must confront in the rapidly evolving world of digital books.
The big breakthrough on commercialising digital books has come with
Amazon.com's portable reader, the Kindle, and with its aggressive
promotion of downloads that can be read on an iPhone.
Last month Amazon launched the next version, the Kindle 2, for $US359
($450), and despite the price tag, the new sleeker devices are walking
off the shelves. Sales are expected to reach 800,000 this year.
Amazon's approach to the e-book market is very much "a walled garden"
similar to the early days of the Apple iTunes store. Amazon controls
books available for purchase from its electronic bookstore. It only
publishes publishes books for which publishers give permission, it sets
the price and they can only be downloaded to a Kindle or on an iPhone
using Kindle software.
Google has announced it would begin selling electronic versions of new
books online later this year, in a direct challenge to Amazon.
Google sent shockwaves through the industry in 2005 when it announced
plans to scan millions of books through its Google Book search service.
This allows people to browse and search millions of texts in libraries
around the world.
Google has limited full downloads to books out of copyright, and only
snippets are available from copyrighted books, but it has led to a brawl
over who has the right to digitise a book: the author? The traditional
publisher? Or anyone?
After all, books are available in libraries. Why not in a digital
library? On the other hand shouldn't the author have control over
digital publication of his or her work, because once it is on the
internet it can be copied at the click of a mouse? Last October Google
reached a settlement with authors and publishers who filed a class
action alleging copyright infringement over the Google Book project, in
effect acknowledging that authors had copyright.
Under the settlement Google agreed to establish an independent "Book
Rights Registry" which will provide revenue from sales and advertising
to authors and publishers who agree to digitise their books. Publishers
and authors are now in the process of opting in or out of the Google
settlement.
The executive director of the Australian Society of Authors, Jeremy
Fisher, said the Google settlement was an important acknowledgement that
authors owned the copyright. But there is still seething resentment
about the way Google has gone about digitising copyright material
without permission.
Ms Capel, McCullough's agent, said she had not yet opted in on behalf of
her clients because it is a bit like "paying a burglar to get your stuff
back".
The next step though - commercial sales - will surely involve Google
seeking more explicit permissions. Unlike Amazon, publishers will be
able to set their own retail prices at the Google e-book store. Also,
unlike the Amazon store, Google will make the books available for
download on any device, which could prove a big selling point,
especially if the Kindle 2 fails to gain the dominance that Apple
managed in music.
Meanwhile, there is more competition still from sites like Scribd,
Wattpad and others.
Last month, Scribd, a Silicon Valley start-up, announced plans to morph
itself from a document-sharing website into a vanity publisher.
Until now it has been the most popular of document-sharing sites,
allowing authors to upload chapters of their books, power points or
research reports, in the same way as people can upload video to YouTube.
But it now plans to set up a new store to allow authors to publish their
works and set their own price, in an arrangement that will allow authors
to keep 80 per cent of the revenue.
Google is offering more than 60 per cent, which will pose a real
challenge to the traditional publishing industry standard of 20 per cent
royalties to writers.
Scribd hopes its more flexible approach will give it the jump on Amazon
and that authors and readers will prefer their service. But if it wants
to play in this space it will need first to tackle the piracy problems
and prevent unauthorised uploads without the author's permission.
The Australian Society of Authors provides advice for writers on how to
seek redress if their works are digitised without authorisation. In the
US there are take-down laws that can be activated and similarly in
Australia, Mr Fisher said.
"Other countries though are more problematic. We have had success in
having unauthorised works taken down, but it takes time. There's a whole
heap of poetry up on the web as well, much of it unauthorised. Poems by
Judith Wright and Les Murray are everywhere," he says.
--
David Boxall | "Cheer up" they said.
| "Things could be worse."
| So I cheered up and,
| Sure enough, things got worse.
| --Murphy's musing
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