New AI Survey Results from Draft2Digital

 

by Debbie Burke

@burke_writer

Almost 20 years ago, a giant communications company decided to outsource their phone customer service to other countries. I learned about this from a friend who worked there. The company announced massive layoffs of employees because overseas labor costs were cheaper than using American workers.

Then, to add insult to injury, those employees whose jobs were being eliminated were required to train their replacements.

Not surprisingly, outsourcing didn’t work out too well. There was massive consumer backlash because neither the customers nor the new workers could understand each other on the phone. But the damage had been done. Thousands of American workers lost their jobs and the company’s reputation took a big hit that it never recovered from.

That kind of parallels today’s situation with writers and AI. Our work is being scraped from illegal pirate sites and used to “train” AI to replace us.

Some people joke that AI (artificial intelligence) is “artificial insemination.” Writers are being screwed without receiving any enjoyment. They didn’t even buy us dinner first.

The Authors Guild (AG) has been on the forefront to try to protect writers from unauthorized use of copyrighted works to train AI. In July, 2023, they sent an open letter to the CEOs of AI giants including Open AI, Meta, Microsoft, IBM, and others with a petition signed by 15,000 authors. AG also testified before the senate, decrying pirate sites that are used by tech companies to “train” AI models.

The genie is out of the bottle. AI is here to stay. The question now is: can the genie be forced to compensate writers for their words?

Here’s an excerpt from the Authors Guild statement on AI:

“The Authors Guild believes that the right to license a work for AI training belongs to the author of the work unless the rights are expressly granted in an agreement.”

A bill called “The Generative AI Copyright Disclosure Act of 2024” is under consideration by the House of Representatives. This only requires disclosure by anyone who uses copyrighted work to train AI. It does not address fair compensation for that use.

Recently Draft2Digital (D2D) did a survey among authors, publishers, and others to determine how they felt about the use of AI and what authors would consider fair compensation for use of their work. D2D CEO Kris Austin kindly gave permission to quote from the survey results (full results at this link).

Here are some highlights:

1. “Why do authors oppose AI training?” 

AI companies are unethical/untrustworthy – 25%
Harms creatives & people – 25%
Ethical Objections to AI – 19%
Other Reasons – 14%
I worked hard for my work and it’s mine – 10%
AI has no place in creative work – 8%”

2. “Do authors consider current scraping methods fair use?”

It’s not fair use – 49%

Ethically questionable – 42%

Fair use – 5%

No opinion – 3%

3. “Do authors know that AI companies might be willing to pay for training data?”

Unaware – 57%

Aware – 38%

Unsure – 5%

4. “Are authors interested in the opportunity to sell their AI training rights?”

Yes – 31%

No – 25%

Maybe – 45%

5. “Does it matter to authors how the end product LLM (large language model) will be used?”

Yes, it matters. – 76 %

Not as long as I am compensated – 22%

No opinion – 2%

The next two questions concern whether authors would consider having their work used for non-competitive markets (places that would not affect the author’s income) and competitive markets (e.g. an AI-written mystery could sell on Amazon right next to your book but at a much lower price).

6. “If the use case is non-competitive, will authors consider selling their AI training rights?”

No Amount of money will ever be enough – 49.5%
Open to non-competitive opportunities – 50.5%
Would accept less than $100 per book – 11.1%
Only if $100 or more per book – 39.3%
Only if more than $5,000 per book – 14.1%”

7. “If the use case is competitive, will authors consider selling their AI training rights?”

No amount of money will ever be enough – 62.8%
Open to competitive opportunities – 37.2%
Would accept less than $100 a book – 6.3%
Only if $100 or more per book – 30.9%
Only if more than $5,000 per book – 15.8%

Here’s a summary of D2D’s position:

D2D’S STANCE
Until we see significant reforms, especially around greater contractual protections and transparency governing use, intellectual property protections, and rights restrictions, Draft2Digital will not offer AI rights licensing opportunities.

·       It’s a positive development that AI developers are seeking to pay for licenses

·       Better protections are needed before D2D or its publishers can entertain such licenses

·       AI training rights are an exclusive, valuable subsidiary right under the sole control of the author or publisher

·       The rights-holder deserves full control over decisions related to if, when, and how their books are used or licensed for AI training purposes.

·       Authors and publishers should refuse AI rights licensing contracts that are opaque, or that provide inadequate protections for author concerns

·       AI developers must stop training upon books obtained without the rights-holder’s permission; otherwise, they will face continued reputational harm in the eyes of their customers and the creative community

·       LLMs previously trained upon unlicensed content, and the applications built upon them, should either negotiate retroactive licensing settlements with rights holders, or scrap their LLMs and rebuild them from scratch by training upon licensed content only”

“At this time, Draft2Digital will not offer AI rights licensing opportunities.”

I believe most authors agree that compensation should be paid and payment should be retroactive to include past unauthorized use.

The devil is in the details.

·       How to implement systems that detect/determine use of copyrighted material?

·       How to enforce fair use?

·       How much are authors paid?

·       What if an author doesn’t want their work used for AI training  under any circumstances?

The communications company my friend worked for treated their employees shabbily but at least they told workers in advance that they had to train their replacements.

Authors and publishers were never told in advance. Tech giants simply started using creative works without permission nor compensation to the creators. AI-written works currently flood the marketplace that was already crowded. Our incomes suffer.

We study, rewrite, and work hard to create meaningful content and deserve fair compensation.

Those devilish details will be fought out in courts for years to come.

~~~

TKZers, how do you feel about AI’s use of your creative work to train LLMs?

Please share your answers to any or all of the questions.

~~~

Cover by Brian Hoffman

 

 

Debbie Burke writes her thrillers without AI.

Fruit of the Poisonous Tree is now available for preorder at this link.

 

The Book Biz is A-Changin’

by James Scott Bell
@jamesscottbell

(Apologies to Bob Dylan)

Can you believe we’re into November already? Why does time feel like a toboggan on Kiwi Flats at Mammoth Mountain? Things are also moving faster than ever in the world of publishing, both self and traditional. And now we’ve got AI out there, churning out subpar fiction that crowds the electronic shelves. (I’m currently reading the letters of Raymond Chandler. Get this. In 1947 he wrote to an editor, “I wrote you once in a mood of rough sarcasm that the technique of fiction had become so highly standardized that one of these days a machine would write novels.” Ha!)

Wherever you are in this game, be ye DIY or working with agents and publishers, you have to think of it as a business. Indeed, as a business that may not look the same six months from now. In that regard, here are a few items that recently caught my eye:

Kindle Direct Publishing Beta Testing AI–Narrated Audiobooks

The biggest barrier keeping self-publishing authors from doing audio versions of their books is cost. To hire a narrator to produce an 80k novel can easily run you north of $3000. An alternative is Amazon’s ACX program, which offers the option of splitting the royalties between author and narrator, and thus no upfront cost to the author (but only half the take).

Now comes another option. According to Publishers Weekly:

KDP has announced that it has begun a beta test on technology allowing KDP authors to produce audiobook versions of their e-books using virtual voice narration. The ability to create an audiobook using synthetic speech technology is likely to result in a boom in the number of audiobooks produced by KDP authors. According to an Amazon spokesperson, currently only 4% of titles self-published through KDP have an audiobook available.

Under the new initiative, authors can choose one of their eligible e-books already on the KDP platform, then sample voices, preview the work, and customize the audiobook. After publication, audiobooks will be live within 72 hours, and will distributed wherever Audible titles are sold. Prices can be set between $3.99 and $14.99 and authors will receive a 40% royalty. All audiobooks created by virtual voice, the post says, will be clearly labeled and, as with any audiobook, customers can listen to samples.

I suppose this was inevitable. The question is, what will the quality be? Will books be better or botter? Can a bot read a novel with the same emotional caliber as a human? Will there be market resistance from a large swath of audiobook fans?

In somewhat related news:

Debbie Burke’s Nightmare Becomes Real

The head coach of the Michigan football team, Jim Harbaugh, is being accused of cheating, specifically sending one of his assistants out to steal the signs of opposing teams. He has denied the allegations and the NCAA is currently investigating.

But now a video has surfaced on X (formerly Twitter) of Harbaugh in a press conference admitting he knew, and that “I’m just doing what I can to drag this sorry program out of the mud.”

It’s Harbaugh’s “voice” matched up with his lips from another presser. It’s obviously a fake, because the real Harbaugh would never say anything like the above. Most commenters get the “joke,” but no doubt many will think he really said it. It’s just eerie what can be done with AI, and from now on our thrillers will have to take it into account.

Authors Guild Survey of Writing Income

The Authors Guild recently conducted its most comprehensive author income survey to date. According to the Guild: “A total of 5,699 published author participated, and the survey sample was meticulously divided, with representation from both traditionally published and self-published authors, making it the most representative author income survey to date as well.”

Only key takeaways are available as of this writing (posted on the site linked above). Here’s the one about income

The median author income for full-time authors from their books was $10,000 in 2022, and their total median earnings from their book and other author-related income combined was $20,000. Book income includes advances, royalties, and fees from licensing and subsidiary rights. Other author-related income includes work such as editing, blogging, teaching, speaking, book coaching, copy writing and journalism.

***

This means half of all full-time authors continue to earn below minimum wage in many states from all their writing related work, and well below the federal minimum wage of just $7.25/hour from their books. It also tells us that most authors are earning half of their writing-related income from sources other than their books.

Now, I’m not sure what definition of “full-time author” is being used here. It can’t mean authors who make their living solely by writing fiction because, kids, who can live on ten grand a year? They are also including “other author-related income” such as editing, teaching, etc. But if you’re editing and teaching to make money, how is that being a full-time writer? Or maybe I’m missing something. It wouldn’t be the first time.

There’s a marketing segment to the survey. It should come as no surprise that the most effective marketing tools reported by the respondents were: Kindle Unlimited, ebook discount programs (e.g., BookBub), and an email list. One curious nugget about KU: “Kindle Unlimited was particularly effective for self-published authors, who earned 67 percent more book income from the platform than traditionally published authors make on book-earnings alone.”

Amazon Sues Scammers Targeting Authors

Amazon announced last month that it has filed a lawsuit in the Northern District of California against 20 individuals “scamming authors by falsely claiming an affiliation with Amazon Publishing and Kindle Direct Publishing. According to the suit, the scammers run fake Amazon knockoff websites designed to lure would-be authors into paying a fee to publish, and then deliver either substandard or no service at all.”

Dealing with scammers is like playing 100-hole whack-a-mole. At least you pound one every now and then. Glad to see Amazon stepping up.

Goodreads Taking Steps Against “Review Bombing”

In June, bestselling author Elizabeth Gilbert (Eat, Pray, Love) pulled her novel, The Snow Bird, which was slated to be published in 2024. The reason: “Review bombing.” That is a spate of 1-star negative comments meant to depress sales. It’s not based on the writing, but for political or cultural reasons. Goodreads allows any user to rate and review a book before it has been published, whether or not they’ve read an advanced copy.

The Snow Birds is set in Soviet Russia. Based only on the description, over 500 negative reviews from Ukrainian and pro-Ukrainian users expressed concern that the book would “romanticize” Russia. So Gilbert pulled the book, stating, “I do not want to add any harm to a group of people who have already experienced – and who are all continuing to experience – grievous and extreme harm.” She will now focus on other literary projects.

Goodreads issued a statement to its users saying, in part,

Earlier this year, we launched the ability to temporarily limit submission of ratings and reviews on a book during times of unusual activity that violate our guidelines, including instances of “review bombing.” If you see content or behavior that does not meet our reviews or community guidelines, we encourage you to report it.

Isn’t the simple answer to require a reviewer to be a “verified purchaser” or at least be identified as having read the ARC before posting a review? Or does that make too much sense?

Meanwhile, At the Big 5

Jane Friedman of The Hot Sheet (subscription required), spent two hours talking with Peter Hildick-Smith, who helped the Guild conduct their survey. She concludes:

Finally, the survey results look sobering for anyone with a Big Five house: Earnings have declined for those authors over the last five years at the rate of inflation. The biggest selling authors are seeing their sales soften, which indicates to Hildick-Smith that the big traditional publishers need to think of some new approaches for marketing and promotion. For the top 10 percent of traditionally published authors, he said, “There are a lot of folks out there nipping at your heels, and you’re having to share the winnings a lot more.”

So Be a Cork on the Roiling Sea of Change

Way back in 2012 I wrote about the “discoverability problem” in the “roiling sea” of digital publishing. Our job is to be a cork, always bobbing right back to the surface, no matter what waves come our way:

The good news is there is one tried and true method that is consistent throughout all marketing platforms: good old word of mouth.

Which comes from quality + consistency x time. The best books and stories you can write, and then more, and more, never stopping, ever.

What say you? How are all the changes affecting your work or plans? Are you keeping the main thing (writing) the main thing?

Good News! Amazon Changes Ebook Return Policy

by Debbie Burke

@burke_writer

 

Remember The Book Thief by Markus Zusak? It was the story of a young German girl during World War II who steals books to comfort her during her family’s travails.

Unfortunately, about a year ago, a new breed of book thieves came on the scene when some slimy social media influencers promoted abuse of Amazon’s ebook return policy.

An ebook can be returned seven days after purchase in the US or 14 days after purchase in other countries, even after it’s been read.

When you read on a Kindle, Amazon knows exactly where you stopped and takes you to that same spot when you open your Kindle for a new session. When you switch from a Kindle to reading on a different device, it takes you directly to the correct location.

Amazon knows when you finish a book because you immediately receive a message asking you to rate it.

Amazon knows everything. Really.

Viral social media publicized this loophole. The practice of “buying” an ebook, reading it, and returning it for a full refund ran rampant.

Indie-published authors were quick to sound the alarm over sudden upticks in returns. That’s because Kindle Direct Publishing (KDP) gives access to nearly-instant sales reports, whereas royalty reports from traditional publishers lag months behind.

Series authors reported that book 1 was purchased and returned a week later. Same happened with book 2. Then 3, 4, 5, 12, and 19. Obviously thieves had to read the entire series before they decided they didn’t like it.

Book thieves quickly learned Amazon could be used as a library, reading as many books as they could consume…FOR FREE! All they had to do was return them within seven days. Why pay a $10 monthly fee for a Kindle Unlimited subscription?

Clearly, Amazon could track this new trend but did nothing.

Incomes went down for many authors.

Another Amazon policy allows them to penalize authors if too many books are returned. They may even pull your books from being sold, citing poor quality as the reason for returns. What is poor quality? How many is too many? Who makes those decisions? Only the algorithm knows.

Book thieves may have justified their actions because they figured they were sticking it to Amazon.

Wrong! 

In reality, thieves were sticking it to authors who work hard to write quality books. Their work and investment in cover art, editing, proofreading, etc., were being stolen the same as if books were shoplifted from a store.

A petition protesting the policy gathered more than 70,000 signatures. The Authors Guild and the Society of Authors (UK) took evidence of abuses to Amazon.

Good news!

On September 22, 2022, the Authors Guild made this welcome announcement:

Amazon informed us of its plans to change its ebook return policy to restrict automatic returns to purchases where no more than 10 percent of the book has been read.

The planned change will go into effect by the end of the year. Any customer who wishes to return an ebook after reading more than 10 percent will need to send in a customer service request, which will be reviewed by a representative to ensure that the return request is genuine and complies with Amazon’s policies against abuse. This process will create a strong deterrent against buying, reading, and returning ebooks within seven days, and readers who attempt to abuse the return policy will be penalized under Amazon’s policies.

 

A big thank you to CEO Mary Rasenberger and the conscientious staff of the Authors Guild for protecting authors’ interests and income.

~~~

TKZers: Do you believe you were targeted by book thieves? Did you experience an uptick in ebook returns?

True Crime Thursday – Scams That Target Writers

Public domain, Winsor McCay, Dream of the Rarebit Fiend, 1909

By Debbie Burke

@burke_writer

 

Like mosquitos in summer, scammers keep buzzing in with new tricks to suck the blood from writers. Here are three that recently hit my radar:

Scam #1 – We Pay You to Write!

A couple of months ago, several members of the Authors Guild received emails from individuals claiming to need articles or workbooks written for an upcoming seminar. The bait is a substantial fee and a promise of wider recognition through their organization. They may claim to have a disability, with the inference that if you write for them, you also enjoy the satisfaction of helping. Or…if you don’t write for their worthy cause, you should feel guilty. Con artists are masters at manipulation.

Here’s a sample invitation from “Paula Smith”:

Hello, My name is Paula, an academic consultant. I have a speech distorting condition called Apraxia. I got your contact details online and I need your service. Can you write an article on a specific topic for an upcoming workshop? The article is to be given as a handbook to the attendees of the workshop. I have a title for the article and have drafted an outline to guide you. Please get back to me for more information

(442) 278-5255

Paula

Fortunately, the author who received the solicitation investigated a little deeper and discovered “Paula’s” phone number had numerous complaints against it for fraud. A helpful resource to check out questionable phone numbers is callername.com.

More writers added their suspicions to the Authors Guild discussion group but weren’t sure how the scam worked.

Then AG member and travel writer Lan Sluder offered the following enlightening explanation:

This is a scam that is well known in the hospitality (lodging) industry. The target is usually smaller inns, hotels and B&Bs. Someone makes what seems a legitimate reservation, often for several rooms, and pays by check or credit card. There are various versions, but typically the inn owner is overpaid or part of the reservation is cancelled or changed and the scammer wants a refund. Much later, the original credit or check payment is found to be invalid, and the inn owner is out hundreds or thousands of dollars. Some of these scammers are pretty clever, and it’s not always easy to tell an authentic reservation from a fake one. Occasionally, hotel owners or reservations offices are fooled into thinking it is an actual guest reservation.

I’ve written a number of travel guides and other travel books that review hotels so I get a lot of these scam emails due to mistakes by the less sophisticated scammers.

A similar scam exists targeting attorneys, CPAs and small businesses of all kinds. I guess now the scammers are starting to target writers.

——————————
Lan Sluder
——————————

Another AG poster who’s a member of the American Translators Association added that their members have also been targeted and shared the story of one victim. The scammer “overpaid” then asked the translator to wire money for the refund. Unfortunately, she did, shortly before the scam check bounced and she was out $2000.

Ouch!

Scam #2 – Fake Marketing Offers

These scammers keep reinventing themselves with different aliases and websites. Be wary of anyone who calls out of the blue or sends an email with wording similar to this:

Dear Author,

Our expert book scouts discovered your fabulous novel and we are excited to offer you an amazing opportunity. Because we believe so strongly in the bestseller potential of your book, we want to invest [fill in outrageous amount of money] in your marketing and publicity at absolutely no cost to you. We will reserve a place of honor for your book at the upcoming [fill in prestigious book fair or festival]. Your success will be our reward.

Sincerely,

A Company That Believes in Your Fantastic Talent (smirking)

After a few more flattering emails, they swoop in for the kill shot:

We reaffirm you do not have to pay one penny for our fabulous marketing package because our faith in you is so strong. To be fair, we know you’ll want to contribute your part by paying the bargain registration fee of only [fill in hundreds to thousands of dollars].

Here’s a post from YA author Khristina Chess who was contacted by Readers Magnet. Interestingly, they claim to be accredited by the Better Business Bureau as of 2019. However this BBB link shows multiple complaints against them.

Here’s a list of companies that engage in practices that may technically be within the law but slide into slimy.

 

 

 

Before you engage any writing-related services, check them out on Writer Beware  whose mission is:  “Shining a bright light into the dark corners of the shadow-world of literary scams, schemes, and pitfalls.”

A big thank you to Writer Beware for watching out for writers!

Scam #3 – Impersonating Agents and Editors

Earlier this year, intrepid Victoria Strauss covered cases of scammers who assume the identity of legitimate agents or editors then contact unsuspecting authors. Of course, struggling writers are understandably thrilled to have a big-name agent contact them. Just be sure the person is who they claim to be. Here’s Victoria’s post.

On July 16, agent Victoria Marini @LitAgentMarini tweeted the following warning after learning someone had co-opted her name:

“It has come to my attention that someone is impersonating me online, likely in an attempt to scam writers. I am not associated with WritersDesk LLC, nor do I sell videos, materials, editorial work, or any other good or service. Many thanks to @victoriastrauss.”

 

Protect yourself from true crimes against writers. Always verify the source.

 ~~~

TKZers: Have you been solicited by questionable people or companies regarding your writing? Please share your experience and outcome.

 ~~~

 

 

Check out a devious scam with a unique twist in Debbie Burke’s thriller, Stalking Midas, available at this link.

Who’s Zoomin’ Who?

by Debbie Burke

@burke_writer

Photo credit: Ryan Arrowsmith, Creative Commons

For your listening pleasure, here’s the late, great Queen of Soul Aretha Franklin singing Who’s Zoomin’ Who?

The answer is: millions are zooming.

Zoom is a videoconferencing service, similar to Skype but easier to use, where a number of people can see and talk to each other via their computer cameras and microphones. Until recently, Zoom has been used mostly by business.

An Authors Guild newsletter brought Zoom to my attention as an alternative for writers  to connect with readers in the face of cancelled book launches, appearances, and tours.

[BTW, if you are not already a member of the Authors Guild, consider joining. Their lawyers reviewed three book contacts for me, worth far more than the $135 annual dues. Daily discussion groups are excellent sources of knowledge and experience shared by pros. Okay, end of commercial.]

Because Zoom is live, people at meetings can interact and ask questions. It enables authors to chat with book clubs and give readings and presentations.

Zoom’s basic option is free and allows from three to 100 participants, with a 40-minute time limit. Pro options start at $14.99/month and offer unlimited meeting time and other bells and whistles, including webinars, education courses, toll-free call-in numbers, etc.

Sounds like the perfect venue for authors and readers to connect, right?

Except there’s a hitch: you must give Zoom permission to access your computer. Whenever a third party gets inside your computer, there are inherent risks.

Last year, a massive security breach was discovered at Zoom. Cyber-security expert Jonathan Leitschuh reported the flaw in this article. His analysis is highly technical and much of it went way over my head. But it’s still well worth reading for his summations.

To paraphrase in simple non-geek terms, Zoom is essentially a virus, albeit a benevolent one, that opens a back door in your computer to activate your camera and microphone, letting you see/hear others and they see/hear you.

However, a flaw enabled hackers to hijack Mac users’ cameras, obtain personal data, and insert malware without the user’s knowledge.

Jonathan expressed concern about Zoom’s slow response to patch the flaw and their rather cavalier attitude toward their customers’ security.

Additionally, even if you uninstall Zoom, the capacity remains for third parties to access your computer to do mischief. Jonathan’s article delves deeply into Zoom’s inner workings and suggests workarounds.

For those of us who are less techie, here’s an article from Consumer Reports with ways to protect your camera and mic from hacking.

Zoom-Bombing” is another problem. This recent article from Forbes describes how trolls broke into a Zoom meeting and inserted pornographic videos. When they were blocked, they simply chose new user names, joined the meeting again, and inserted more “bombs.”

Zoom’s privacy statement reveals they share your information with third parties like Google and Facebook. In other words, data mining. 

With COVID 19, Zoom use has exploded and its stock is going to the moon. This article in the Motley Fool says:

“Why Zoom is a solid long-term bet:

While Zoom stock has already more than tripled from its original IPO price, it still has the potential to create massive wealth for long-term investors. The enterprise collaboration segment is expected to top $48 billion in 2024, up from $31 billion in 2019.”

With shelter-in-place restrictions, hundreds of thousands of people are conducting virtual meetings about every subject from Aardvarks to Zumba. With many more potential targets for malicious hackers to exploit, I expect attacks will zoom up faster than the stock.

While I don’t seriously believe hackers are dying to break in on my upcoming meeting with a book club, I am concerned. When personal data is vulnerable, losses can be drastic.

Each of us must decide if the risks outweigh the benefits of using Zoom.

~~~

TKZers: Have you used Zoom or other videoconferencing tools? What has been your experience?

~~~

 

 

Last day to download Debbie Burke’s thriller, Instrument of the Devil, for only $.99 here.

LinkedIn Tied to Book Piracy

By Debbie Burke

Photo credit: dolldreamer

A hot topic recently caught fire at the Author’s Guild discussion site: the embarrassing connection between social media giant LinkedIn and book piracy.

LinkedIn owns Slideshare, a knowledge-sharing site. Slideshare is also a popular venue for free downloads of books without the permission of the authors.

In other words, book piracy.

In September, 2019, Margaret Atwood’s highly-anticipated sequel, The Testaments, appeared on Slideshare for free, covered in this article.

Screenshot of my book on Slideshare without my permission

 

 

Thousands of other books, from famous to obscure, show up on Slideshare without the author’s permission or approval, including my own thriller, Stalking Midas.

 

How, you ask, do pirates make money from free book downloads?

They don’t…directly.

If you click on those teasers, you’ll likely wind up at phishing sites that contain malware and viruses. Their purpose is to mine credit card data and personal information. You might get free books but lose your identity or worse.

The Digital Millennial Copyright Act (DMCA) made such copyright violations illegal. Authors can demand illicit copies of their work be taken down. The procedure to file complaints is described here.

Photo credit: sasatro on Visual Hunt

 

 

But pirates aren’t exactly quaking in fear of punishment for their theft.

 

 

 

The fastest way for authors to find if their books are listed is to search Slideshare.net, using book title and author name. 

LinkedIn, of course, is facing criticism for their tacit enabling of the crime. Here is their policy, which includes a complaint form to report copyright violations.

Although the form asks for the copyright number, that number is not necessary to register a complaint.

The form also requests URLs of the offending sites. Some books appear in hundreds of places. Tracking them all down further burdens authors, taking precious time away from writing to search for pirates.

Authors Guild members report mixed results after filing complaints with Slideshare. Some say the illicit links have been removed within a short time; others claim that, despite repeated complaints and takedown requests, the links remain up for months; still others report the links are removed but new ones pop up again.

Many authors believe LinkedIn–owned by tech giant Microsoft–should be sophisticated enough to flag repeat offenders and block pirate sites.

Romy Wyllie, author of several architecture books, was shocked to find those books as well as her memoir, Loving Andrew – A Fifty-Two-Year Story of Down Syndrome, on Slideshare. “I never thought of LinkedIn except as a professional social media site.  I am considering cancelling my membership in LinkedIn.”

Whack a Mole
Photo credit: Eric Parker, Visual Hunt

Author Chris Dickon was dismayed to find four of his books on Slideshare. “I can deal with the problem as prescribed, though others have reported it to be a game of whack a mole, but my real question was – Linked In?? which purports to exist to help us all to develop and realize our professional and creative goals, economic progress, etc. but is corporately involved in the theft of our creative product and income, Linked In!?!

Chris didn’t simply fill out the standard complaint form—he went straight to the top and contacted the CEO and co-CEO of LinkedIn. That resulted in a long phone conversation between LI representatives and Chris: “Linked In…presents itself as a friend and supporter of our professional well being, its very raison d’etre, [but is] involved in stealing from us.”

LI personnel indicated to him that, although they were aware of the problem, they didn’t realize the level of outrage it is causing among authors. 

It really should come as no surprise to LinkedIn that authors are angry our work is being stolen via a supposedly legitimate platform. 

LI followed up with Chris and invited him to stay in touch. At this point, he is satisfied with their handling of his complaint.

Other authors are publicizing the problem through social media.

William H. Reid, MD, MPH, tweeted: “SHAME on LinkedIn & subsidiary for letting book pirate scum distribute many of my books and thousands of others with no royalties to authors or publishers. Thanks for buying A Dark Night in Aurora from Amazon, B&N, & local bookstores! #LinkedIn #authorsguild”

Mary Rasenberger, Executive Director of the Authors Guild, is in discussions with Microsoft and urges all affected authors to file complaints to put LI on notice.

At this point, LinkedIn is hiding behind the safe harbor provision in DMCA, a loophole that protects online service providers (OSP).  There are “two ways in which an OSP can be put on notice of infringing material on its system: 1) notice from the copyright owner, known as notice and take down, and 2) the existence of ‘red flags.'” 

If an OSP ignores repeat offenders, they can lose their safe harbor status. Many aggrieved authors believe LI no longer deserves that protection.

Five days after filing my complaint and takedown notice with LI, I received an auto-reply of their action. Stalking Midas has been removed…for now.

As an aside, LinkedIn proudly touts their executive who holds the position of Head of Mindfulness and Compassion. The question is: when will LI become mindful of widespread, blatant copyright violation and show compassion toward authors who are being victimized?

When supposedly legitimate corporations like LinkedIn and Microsoft enable theft, all authors suffer.

~~~~

TKZers: Do your books show up on Slideshare? If so, what action did you take? What were the results? 

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Debbie Burke will be watching to see if her new thriller, Eyes in the Sky, shows up on pirate sites. Publication date January 23, 2020, now available for pre-order here.

Mystery Publishing News – Recent Shakeups

Adrian Midgley captures “Pekoe” defying gravity to catch that $&#% dot.

 

An author in search of a publisher often feels like a cat trying to catch a laser pointer. The target moves up the wall, down the stairs, sideways, backwards, and spins you around in circles. Even when you’re lucky enough to catch one (either a laser dot or a publisher), it can vanish without warning.

What’s a cat—or an author—supposed to do to keep up to speed?

In a constantly changing market, below are several recent developments affecting mystery presses:

Midnight Ink – The October, 2018 announcement that Midnight Ink would shut down came as a big shock to authors and employees alike. The respected crime fiction imprint was established in 2005. According to a Publisher’s Weekly article in November, 2018, the Minnesota-based publisher Llewellyn withdrew from the fiction market to concentrate on nonfiction, leaving MI out in the cold.

Spokesperson Kat Sanborn said:

“We had good reviews, but the sales just weren’t there for [Midnight Ink],” Sanborn said, noting that the 250 backlist titles will remain in print, and that frontlist will be marketed and promoted as usual. “We’re just not accepting new manuscripts,” she said.

Twenty titles that were already in progress will be rolled out during spring/summer 2019.

Three MI editors were laid off, including Terri Bischoff, who didn’t stay unemployed for long, landing on her feet with a new gig at Crooked Lane Books. She is now Senior Editor at CLB, a crime fiction publisher founded in 2014.

Several orphaned MI authors have found new homes at Crooked Lane, Severn River Publishing, and Seventh Street Books.

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Seventh Street Books – SSB is undergoing changes as well with a new owner. Formerly owned by Prometheus Books, in November, 2018 SSB was bought by Start Publishing. Dan Mayer remains as Editorial Director.

Publisher’s Weekly reported:

“Prometheus Books sold its two genre imprints to Start Publishing. Publisher Jonathan Kurtz explained the sale by saying he wanted to return the publisher to its nonfiction roots. Prometheus expanded into fiction in 2005 with the launch of Pyr, which focuses on science fiction and fantasy novels. In 2011, it added the crime fiction imprint Seventh Street Books. Pyr has a backlist of 170 titles, and Seventh Street’s backlist stands at about 90.”

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Poisoned Pen PressIn December, 2018, Publisher’s Weekly announced the acquisition of PP by Sourcebooks:

“Sourcebooks has announced that it has acquired most of the assets of Poisoned Pen Press and that the award-winning crime and mystery publisher will become Sourcebooks’ mystery imprint.”

The staff, including PP’s founder Robert Rosenwald and Editor-in-Chief Barbara Peters, will reportedly stay on and become Sourcebook employees. The offices remain in Scottsdale, AZ.

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Kindle Press – The Amazon imprint stopped accepting new submissions in spring of 2018, leaving me and a hundred or so other authors orphaned.

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I’ve been looking for a new house since then and have received offers from several well-known publishers like Fly-By-Night Press and No-Advances-R-Us, LLC.

Which raises the question: how does an author find a reputable house that’s likely to be in business for longer than it takes the ink to dry on the contract?

The answer is research. Vetting publishers sounds daunting but here are three shortcuts:

#1  Mystery Writers of America – MWA regularly updates their list of approved publishers. To be included on that list, a press must adhere to “professional standards of good business practice and fair treatment of authors.”

Here’s a partial list of qualifications:

  • Must be in business for at least two years;
  • Must have paid a minimum of $1000 within the past two years to at least five authors who are not owners of the company;
  • Must have published at least two works of crime-related fiction or nonfiction in the past two years;
  • Must meet other standards outlined in MWA’s Approved Publishers Guidelines.

#2  Writer Beware – a great watchdog website that alerts writers to scams, cons, questionable business practices, and outright fraud. Although affiliated with Science Fiction and Fantasy Writers of America (SFWA), their investigations and warnings cover all genres. Writer Beware is the first place I research a publisher.

#3  Ask other authors – Gone are the days when an author stayed with the same house for his/her entire career. In the past couple of years, Big Five houses decided to focus on blockbusters, pretty much to the exclusion of mid-list authors. As a result, many popular authors were dropped even though they had successful series.

Fellow writers/orphans are often willing to share their war stories about publishers.

Some authors have gone on to work with smaller presses. I know a few who now have contracts with several different houses at the same time.

Others decided to indie-publish or go hybrid.

The Authors Guild features a Back-in-Print program for previously published books where the author has gotten the rights back. For a fee, AG will assist in converting to new formatting for re-release as ebooks and/or print on demand (POD) hard copies. They also help with distribution.

When a publisher makes you an offer, the legal department of the Authors Guild will review and analyze the publishing contract. That single service makes their $125 membership fee worthwhile. Fly-By-Night and No-Advances-R-Us offered me contracts which I sent to AG’s attorneys. They helped me make the informed decision to say, “Thanks but no thanks.”

And now, if you’ll excuse me, I have to go chase that little red dot that just flickered across the ceiling . . . . . . . .

 

TKZers, do you have a favorite news source that keeps you up to date on the publishing industry?

 

 

Even though Debbie Burke is an orphan, her thriller Instrument of the Devil is still available here.

Book Expo America 2018

MONTANA AUTHOR TAKES A SMALL BITE OUT OF THE BIG APPLE

The population of my Montana home town is around 25,000—about the same number of people I encountered during six days at Book Expo America (BEA) and BookCon in New York City.

BEA is the biggest annual convention of book publishers, booksellers, distributors, librarians, and authors in North America. With 840,000 square feet of exhibit space at the Javits Center and nearly 500 exhibitors, the show is so big that Publishers Weekly covers it with daily tabloid reports of 70-100 pages each.

The event is open to industry professionals, not the public. I was fortunate to be invited to check out the inner workings of the business. What a learning experience it was!

Big names draw big crowds. Celebrities launching new books stayed busy autographing advance reading copies (ARCs). Some wait lines rivaled Splash Mountain at Disney World. This year’s stars included a couple of guys named Patterson and Clinton who co-wrote a thriller, along with Nicholas Sparks, Sally Field, Barbara Kingsolver, Trevor Noah, and more.

Debbie Burke and Hank Phillippi Ryan

 

I was delighted to meet the charming Hank Phillippi Ryan at the signing of her new book Trust Me. A few weeks before, I’d watched Hank teach a great online class sponsored by International Thriller Writers (TKZ’s own James Scott Bell also taught a segment of the webinar).

One Librarian’s Bounty

 

 

Librarians from all over the country flock to BEA to pick up bagfuls of free ARCs to help them decide what to order for the coming year. Their biggest expense must be the charge for overweight checked baggage!

Important lesson to authors: librarians are your best friends. If librarians get behind your book, their efficient network can put millions of eyes on your work. See, not all librarians are there to ruin your mood! I guess we all had that one librarian who thought they owned the place, but thinking about it now, knowing that they have way more to do than just sitting behind a desk, maybe it’s time to cut them some slack. You may want to do some research into schools like USC Marshall to get a better understanding of what the essential roles are these days of a librarian.

 

 

Not surprisingly, Amazon isn’t exactly the most popular kid on the BEA playground. The headline of one daily report read: “Amazon’s Actions Remain a Problem,” a quote by the CEO of the American Booksellers Association. The article talked about the impact of “lost jobs, stores, and uncollected taxes” due to the online giant.

The Big Five (Hachette, HarperCollins, Macmillan, Penguin Random House, Simon & Schuster) had large showy booths on main aisles. In contrast, Amazon’s booth was in a distant corner, far from the entrance.

Since Amazon’s Kindle Press had published my thriller Instrument of the Devil, I trekked all the way to the rear of the exhibit hall to visit them. But when I got there…..

Black curtains surrounded all four sides of the booth. Through the gauzy fabric, I could see people moving inside. But there was no entrance.

Hmmm.

Upon further investigation, I was told Amazon specifically requests a private booth for book publicists to meet with major media to pitch upcoming titles.

Oh.

In addition to the Big Five, scores of indie publishers had booths, representing niche markets for religious, ethnic, political and social issues, health and fitness, food and cooking, short fiction collections. No matter what off-the-wall subject you imagine, chances are someone has published a book about it that shows up at BEA.

Children’s and YA book publishers were out in force, introducing thousands of new products: print books, graphic novels, puzzles, interactive 3D devices, plus tie-in merchandising like costumes, cuddly stuffed characters, sports equipment, etc. There were even quaint retro items like pens and stationary. Could writing actual letters be making a comeback?

Waiting for autographs from their favorite authors

 

BEA runs from Wednesday through Friday for industry pros. BookCon follows on the weekend and is open to the public. Thousands of readers crowded the Javits Center on Saturday and Sunday. They pored over new releases, waited in line for autographs from favorite authors…

BookCon 2018

 

…and posed for photos dressed up as popular book characters.

Older folks (like myself) often complain about young people zombie-walking through life with bent necks, mesmerized by their smartphones. Yet at BookCon, I didn’t notice a single example of that disconnection. Kids engaged with each other and were excited about new adventures in reading. Witnessing that gave me hope.

 

 

Audio book sales continue to grow by double digits, 30+% increase in the last year alone.

A major BEA sponsor for 2018 was Blackstone Publishing. In 1987, the family-owned independent audio publisher started producing cassettes in a garage in Ashland, Oregon. They tapped into the town’s renowned Shakespeare Festival for narrating talent.

Three decades later, Blackstone has expanded into a full-service publisher of print and e-books in addition to audio, employing more than 200 people. Still headquartered in Ashland, they’ve increased their presence in NYC with acquisitions editors, audio narrators, and a sound studio that’s second to none.

Blackstone also showed me firsthand what a debut author’s dream launch should look like.

Excited debut author Susan Purvis with the banner of her new book

Last April, I wrote about cadaver dogs and mentioned Susan Purvis’s upcoming memoir, Go Find, which Blackstone is publishing. At BEA, they rolled out the red carpet for Susan, including a 10-foot-tall banner at the entrance of the Javits Center.

At their booth, lighted signs showcased new releases. Book covers were displayed on video screens. During signings, representatives guided people through the waiting line, graciously giving out swag including postcards, book bags, and ARCs.

This contrasted sharply with some author signings sponsored by bigger houses where I wondered if cattle prods might be in use!

 

Blackstone’s good treatment of authors has resulted in them picking up bestsellers like Orson Scott Card, cozy queen M.C. Beaton, and mother-daughter fantasy writers P.C. Cast and Kristin Cast.

Despite BEA’s gargantuan scope, it offered opportunities to make personal contacts.

A couple of hours into the first morning, I sank down at a vacant table, already exhausted, eyes glazing over. A woman with a similar dazed expression sat across from me and we commiserated about feeling overwhelmed. Her name was Bee Kapitan, a designer from Vancouver. She had just received an Independent Publisher Award for her interactive e-book How To Say Cheese. I showed her the proposed cover for my new book, Stalking Midas, and she graciously made suggestions. She introduced me to the burgeoning world of interactive book design. We’ll be keeping in touch.

I’m learning from Umair Kazi (l) and Francesco Grisanzio (r)

Another valuable connection occurred with the Authors Guild. I knew of their excellent advocacy for writers but hadn’t gotten around to joining. At their booth, I talked with staff attorney Umair Kazi and digital services coordinator Francesco Grisanzio about rights reversion. Their guidance helped me make a career decision I’d been putting off. Needless to say, after their assistance, I signed up to become a member.

Another service they offer to authors is contract review. Before you sign a publishing contract, AG attorneys will review it and clarify the Byzantine maze of legalese. That alone is worth the $125 annual dues.

Authors Guild has also forged a communication channel into Amazon to register author complaints. Hopefully AG’s advocacy will temper Amazon’s review policies that, to authors, often appear capricious and arbitrary.

BEA gave me amazing insight into the publishing business. If I included all the adventures and interesting people I met in the Big Apple, this post would run into next week!

I’ll stop now and turn it over to TKZers for questions and comments.

A final post script: on the trip home I was privileged to meet a 91-year-old Holocaust survivor. That story is too long to add here but it can be found on my blog.