Tuesday News: Indie booksellers upbeat; 50 Shades porn producers countersue; reading can alleviate depression
Publishing Newscopyright infringement / indie booksellers / romance reading13 Comments
U.S. booksellers, meeting in KC, express optimism – At an annual get together of over 500 independent booksellers, spirits were high. Sales at ABA member stores were up 8% in the last year and some have suggested a “retro-fueled backlash against the digital tide.” KansasCity.com
‘Fifty Shades’ Porn Parody Countersuit Claims Books Are In Public Domain (Exclusive) – This is an amazing turn of events. A porn parody of 50 Shades is countersuing in a copyright dispute arguing that the 50Shades books were basically fan fiction put out in the public domain. Just because something is fan fiction doesn’t mean it is in the public domain. A work is entitled to protection once it is fixed, regardless of whether it is registered. Once the work is registered, copyright owners are entitled to statutory protection, but not before.
However, I don’t remember if any copyright was waived on the original 50 Shades fiction but there are often disclaimers on fan fiction such as “these characters are not mine but the property of Stephenie Meyer” or something like that. Could a waiver of copyright have occurred? Further, derivative works often have lesser copyright protection than original works of creation. In sum, there may be a suit here but I don’t think that the porn producers are arguing the right one. Hollywood Reporter
Reading and Depression – Read one book and call me in the morning? Bibliotherapy is gaining new attention in the UK. Books on Prescription is a new program funded handsomely by a library grant wherein GPs and other health professionals will be able to recommend, via prescription, a self help book. I’d recommend a romance rather than a self help book but maybe this is baby steps?
“UK research has found that reading is more relaxing than listening to music, going for a walk or having a cup of tea, reducing stress levels by 68 per cent. Cognitive neuropsychologist Dr David Lewis from the consultancy Mindlab International found that reading silently for just six minutes, slowed the heart rate and eased muscle tension in research volunteers” The Age
Chapter closed: Dymocks exits e-book publishing after 15 months – Dymocks, a major brick and mortar retailer in Australia, is shutting down its digital self publishing arm just 15 months after it opened. I wonder if this is a sign of Amazon’s Kindle Publishing platform or just ineptness on Dymocks part? BRW
Bernard Starr: Legal Issues in Self-Publishing: What Authors Need to Know – This article was tweeted around yesterday because it contains legal advice for self published authors. The attorney who gives the advice is Paul Rapp who specializes in intellectual property law and teaches Art & Entertainment Law and Copyright Law at Albany (N.Y.) Law School. I’m a little disturbed by the advice he gives.
For instance, in regards to lyrics, he argues that as long as the lyrics are integral to the work, it is fair use. He also states that you can use public famous figures in your book without problem so long as it is a) an opinion or b) not believable. He then cites the famous Falwell case with Hustler, but that case was founded on parody, not simply because it was “not believable.” Nor does Rapp reference a false light tort or the right of publicity such as the famous Wendt v. Host International, Inc. case.
In sum, just be careful of listening to any lawyer on the internet. If you have a specific legal concern, go to a lawyer. If you get sued, you won’t have any protection if you say “But Paul Rapp on the internet said it was okay.”
As for Stephen King’s use of lyrics in his books? Take a look at the copyright page.
Copyright Page from The Stand
A blanket statement of “reading is relaxing” is bogus, as I and those who witnessed the apopletic fits inspired by what I read over the weekend can attest.
At least the self help books aren’t being sold by the therapist. Even a wallbanger is distracting from my problems. Maybe especially a wallbanger. Recently though if I need some book therapy I reach for a Terry Pratchett audiobook.
With prescription charges having just gone up to £7.85 / $11.90 an item, I don’t think I will be swallowing any of those books!
While I agree with Ren that you need to pick the “relaxing” book carefully, I also can attest that reading is an antidote for depression. When my family reached a very rough patch several years ago I went from reading about 50 books a year to reading 250 books a year–mostly romance novels. We’re working through the issues, and I can say with certainty that reading positive books kept me from giving in and giving up more than a few times.
Whatever else it is, the porn countersuit sure is entertaining.
I think that even if the porn company can’t win the case, I am glad someone is calling out the hypocritical players in this mess who have been aggressively attacking over their “rights” for something they basically stole from someone else.
My understanding is that disclaimers on fanfiction have absolutely no legal standing, and if anything, only serve to prove that the writer knows s/he’s violating copyright. This is still pretty hilarious.
@Carrie G: In the same-but-opposite vein, when my mom died, I went on a reading glut of anything that was darker than the place I was in. That turned out to be Laurell K. Hamilton (the first eight books) and everything vampire I could find at the time. There was something about surfacing from non-uplifting, bleak stories that enabled me to look around eventually with less sorrow.
Bottom line, solace can be found in the pages of books, no matter what form it takes or the path it follows. I’m glad you’ve been able to find your way.
Interesting page of acknowledgments from Stephen King — would he have paid for permission to use all those lyrics (is that implied?). Thanks!
@Maura: “My understanding is that disclaimers on fanfiction have absolutely no legal standing, and if anything, only serve to prove that the writer knows s/he’s violating copyright.”
Heh. Yeah. Exactly.
In my recent foray into fan fiction, I haven’t bothered with the disclaimer, mostly because the statement seems on par with declaring that fire burns, and water’s wet. I’m mean, it’s a story on a fan fiction site, using well-known movie characters. If I was making any legal claim on the characters and/or writing the story for cashy money, I sure as hell wouldn’t be posting it for free.
Anyway, the countersuit does elicit a bit of Schadenfreude on my part.
This is exactly what I’ve always thought was wrong with the concept of bibliotherapy…
Oh good – I was wondering what your take on the “Fifty Shades is public domain” thing (is it really an argument if it seems that they’re not defining public domain the way it usually is?) was. Will be interesting to see if they actually do take up the argument about it being derivative of Stephenie Meyer’s work or not. Or if it’ll be settled quietly and we’ll never hear any more about it.
@P. Kirby:
It does raise some really interesting questions, though, doesn’t it? I’m pretty sure fanfiction would not count as public domain, since it does have an author, even if the author is violating copyright. So who owns it? The author? The publisher of the original work? I have a feeling that countersuit is going to get chucked out of court because nobody wants to deal with those questions, but what a potential upheaval for the world of fandom if somebody did.
@Janet W: Not necessarily. He’d have his lawyers contact the music publishers, and the publishers would set their own terms for permission. Some might require payment, some might not.