Archive for the 'copyright' Category

Media related links via boingboing

I finally got around to reading my boingboing rss feed and came across a bunch of media related links so thought I’d include them all in one post.

1. Cory gives us a behind-the-scenes look at DRM and how big technology and media companies get pro-DRM rules signed into law.

2. Wired has a cool article about how Jamaican music artists basically invented mash-ups and remix albums because of relaxed copyright law in that country.

3. A researcher figured out that an artist only really profits off his copyrighted work for about 14 years before the copyright is virtually useless.

4. A website that specializes in allowing teens to display webcam video is owned by a porn company. It shouldn’t come as a surprise then that they’re not very good at dealing with parent complaints about inappropriate webcam video popping up on their site.

5. A Sampling of new words and senses from the new 2007 update of Merriam-Webster’s Collegiate® Dictionary, Eleventh Edition: “Just two years after a majority of visitors to Merriam-Webster OnLine declared it to be their “Favorite Word (Not in the Dictionary),” the adjective “ginormous” (now officially defined as “extremely large: humongous”), has won a legitimate place in the 2007 copyright update of Merriam-Webster’s Collegiate® Dictionary, Eleventh Edition.”

6. A blogger from China could be thrown in jail simply for posting a link to a site with nude pictures.

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Related posts:
1. A History of Amateur Porn
2. Fuck Keith Urban (the singer)
3. The Music Copyright Void
4. Local papers offer web TVcasts

When “webscabs” unite: Celebrating International Pixel-Stained Technopeasant Day

Nobody could have predicted the breadth of the outrage.

At the bottom of a lengthy platform rant, Howard V. Hendrix, the current vice president of the Science Fiction and Fantasy Writers of America, wrote:

I’m also opposed to the increasing presence in our organization of webscabs, who post their creations on the net for free. A scab is someone who works for less than union wages or on non-union terms; more broadly, a scab is someone who feathers his own nest and advances his own career by undercutting the efforts of his fellow workers to gain better pay and working conditions for all. Webscabs claim they’re just posting their books for free in an attempt to market and publicize them, but to my mind they’re undercutting those of us who aren’t giving it away for free and are trying to get publishers to pay a better wage for our hard work.

Later in the essay, he labeled these webscabs as “Pixel-stained Technopeasant Wretch[s],” a name that would later come to haunt him.

The response was immediate. Within days, hundreds of websites, blogs and message boards had linked to the rant, and very few came to Hendrix’s defense. In an age when many writers publish their works in online magazines which are freely accessible, comparing such a person to a union worker scab allowed little room for mercy.

“What a bunch of bull,” one message board poster wrote. “[S]orry to say, but juxtaposed with his bio about driving a $50k car, living in old growth forest, having enough time to cut firewood all day for a toasty bath…and getting to snowshoe in the Sierra Nevadas whenever the whim strikes; I don’t have much sympathy.”

Neither did the rest of the writing community.

In the midst of all these outcries, Jo Walton, a 42-year-old speculative fiction writer from Canada decided to act.

“In honour of Dr Hendrix, I am declaring Monday 23rd April International Pixel-Stained Technopeasant Day,” she posted on her blog. “On this day, everyone who wants to should give away professional quality work online. It doesn’t matter if it’s a novel, a story or a poem, it doesn’t matter if it’s already been published or if it hasn’t, the point is it should be disseminated online to celebrate our technopeasanthood.”

Like the original webscab rant, the proposal was spread all over the web, fueled in large part when Cory Doctorow of Boingboing linked to it. Doctorow is considered by many to be the poster child champion of releasing your works for free, what with several novels and a collection released under a Creative Commons license.

After Technopeasant Day was all said and done, I asked Walton whether she had realized at the time of declaring it that it would become such a widely-adopted phenomenon.

“I wasn’t expecting anything like this level of response,” she said. “I thought some of my friends would go for it. I wasn’t expecting a mass movement.”

The date of the holiday — April 23 — wasn’t without significance. Walton originally planned to give her readers one day’s notice, but was eventually convinced by one of her friends to hold off. “So I looked at the calendar and saw that Monday 23rd was St George’s Day and Shakespeare’s Birthday, which seemed perfect,” she said. “The writer Laurence Schimmel lives in Catalonia and he had mentioned last year that St. George’s Day is called St. Jordi’s day there and is celebrated by people giving each other a book and a rose. That just seemed really appropriate.”

Though it’s hard to say for certain how many people participated in International Pixel-Stained Technopeasant Day, one site was able to track at least 71 writers who did. Authors posted everything from short stories to poems to audio recordings to full-length novels.

Jay Lake, a prolific short story writer and novelist, was one such participant. He has published dozens of short stories in free online magazines over the years, but his official Technopeasant contribution was titled “Glass: A Love Story.”

After Hendrix’s statements, there were murmurs within the writing community that his views were echoed largely within the New York publishing world, especially in light of the recent lawsuits against Google and its book scanning program, but Lake didn’t agree.

“Obviously I don’t speak for anyone in New York. I live almost as far from New York City as one can and still be in the continental United States,” he said. “However, given that Tor has done very well backing Cory Doctorow, Charlie Stross and John Scalzi, among others, with aggressive stances on e-publishing and alternative licensing and distribution schema, I have trouble imagining them aligning with the substance of Dr. Hendrix’s remarks.”

Lake, who’s an active member of the SFWA, believes that Hendrix falls within an “old boy’s club” in the organization, one that causes a sharp divide in every writerly argument ranging from the merits of posting your work online for free to whether selling short stories to small press magazines helps your career.

Sarah Monette, another novelist who played along on Technopeasant Day, seemed to agree with this notion.

“Not being a member of SFWA, I can’t presume to speculate on what they think about this matter,” she offered. “I do think it’s probable that younger writers are more likely to think about ways of promoting their work online simply because we’ve been exposed to the internet more at an earlier age.”

After it became apparent that his fellow writers were rebelling against his statements, Hendrix performed a minimal amount of backpedaling, but for the most part remained firm in his original assessments. In a lengthy letter he submitted to the publishing blog Galley Cat, he said that he “may well be wrong” for labeling people “webscabs,” but that ultimately “I don’t feel that free online posting of whole novels for promotional purposes will in the end empower authors as a class.”

Two days after Technopeasant Day, I contacted Hendrix to see if he would answer a few questions to give more insight to the controversy. He immediately requested that I repost his original response (you can read it here).

In our back-and-forth conversation, he claimed that he hadn’t read the mass internet response, that most of it had been summarized to him in “email correspondence.”

“The term “webscabs” was a bit too broad, and definitely too incendiary,” he admitted. “We at SFWA have long been concerned about authors’ rights. If my comments got people thinking about authors’ responsibilities, especially to other authors, then I am content and more than willing to deal with the consequences.”

When I asked him about whether he suffered from the “old school” labeling that so many authors had given him, he denied such a thing. “As I have said elsewhere, I’m not opposed to blogs, wikis, chatrooms etc. per se. I have at one time or another been involved with all of them to some degree,” he said. “… My concern was with the implications of the fact that volunteer officers of a volunteer organization (SFWA) were increasingly expected to not only spend time on the SFWA listserves, but also on numerous “topics” on SFF.net, as well as an ever-proliferating number of member blogs. It was a recipe for burning out our volunteers, and I felt compelled to say something about it.”

Hendrix explained that his opposition to posting free works online is “rooted in a concern that, as more authors make use of this promotional technique, harms of aggregation will ensue.” To him, this isn’t a question of an author’s rights, but his responsibilities. He described Technopeasants as subscribing to a libertarian’s messianic-faith-in-capitalism idea, a naieve one as he sees it. He asserted that the SFWA has been competent in keeping up with the shifting media landscape, and the elected officials aren’t adverse to the internet and the new avenues it opens.

“As for being “progressive” and “adapting,” I think it’s appropriate to recall that Charles Darwin long ago taught us Change is not necessarily the same thing as Progress — and that applies to technological evolution, too,” he said. “‘Adapting’ should not mean serving as a doormat waiting to be trampled.”

Despite his claim that he didn’t read the blogosphere’s response to his statements, Hendrix admitted that it might have severely affected his place in SFWA. “I would love to continue serving the organization, but I’m afraid that my comment on LiveJournal has probably ‘burned that bridge before I came to it.’”

But most the writers I spoke to didn’t hold his statements against him as a person.

“I have never met Dr. Hendrix, or encountered him online, and I don’t have anything against him personally, I just strongly disagree with his right to tell other people what they can do with their own work,” Walton told me. “And the word ‘webscab’ didn’t go down very well. I come from the South Wales coal mining valleys, where ’scab’ is very strong language. I’m very glad he took that word back, and understand it might not have quite the same level of meaning where he comes from.”

Lake also seemed to think the entire ordeal would blow over.

“I think Howard should have just smiled and waved and gotten on with his life,” he said. “He stuck his foot in it hard, without really meaning to in my opinion, and reached a point where there wasn’t really a graceful exit available to him. Sometimes you just have to eat a little mud.”

Copyright in America

Since I wrote a detailed article on releasing your book for free online, I thought it would be appropriate to link to this Guardian article, opining at length about the differences between American and British copyright, and the merits of Google Book Search:

There are people who foresee a disaster for publishers and writers. Personally, I think that books are going to be OK, for one main reason: books are not only, or not primarily, the information they contain. A book is also an object, and a piece of technology; in fact, a book is an extraordinarily effective piece of technology, portable, durable, expensive to pirate but easy to use, not prone to losing all its data in crashes, and capable of taking an amazing variety of beautiful forms. Google Book Search is going to be a superb tool for accessing the information in books; but how much of Middlemarch or White Teeth or Tintin in Tibet is information? You can see in the Bodleian’s rich holdings of manuscripts and old books just how much of the cultural history of books, and their cultural importance, lies in their bookness. This will, I think, dilute the impact of digitisation for writers and publishers: even if you could rip an MP3 of Moby-Dick, who on earth would prefer it to a bound copy?

via ed

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Related posts: Stephen King to publish new Richard Bachman book, Google’s employees transported to work in their own buses, Dark Horse Comics can’t keep up with the success of the film version of 300, The Music Copyright Void

The Creative Commons Confound: Whether releasing your book for free will help boost your sales

When Nick Mamatas’s novel, Move Under Ground, was first published, he had the kind of publicity that most small press authors don’t get. A major men’s magazine printed the first chapter as an excerpt. He had positive reviews in The Village Voice, Booklist, and The Believer. He ran a semi-popular blog to give its release extra press. But despite all this, the book only sold moderately well, and when the trade paperback later came out from Prime Books, a major chain backed out of ordering any copies.

Mamatas knew he had to find another venue to spark sales. A month earlier, another author named Peter Watts was suffering from a similar predicament. His novel Blindsight wasn’t even going to make it past its first printing, and things were looking bleak. But then he decided to release it under a Creative Commons license, and after the popular blog boingboing linked to it, word spread until he had sold enough copies to push the book into its second printing.

Watts noticed that Bookscan numbers nearly tripled afterwards, and it was recently announced that the novel was nominated for a Hugo, something he said likely wouldn’t have happened if it weren’t for the CC release.

A Creative Commons (CC) license allows artists to release their works under less-restrictive guidelines than traditional copyright law. Though it has many different forms, a typical CC license permits users to distribute a piece of creative work freely as long as it’s not for commercial use.
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nick mamatas
(Caption: Nick Mamatas)
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Mamatas was enrolled in an MFA class on technological and editorial processes, and he needed to complete a research project on this topic. With all these combined factors weighed in his mind– the mediocre sales, the success of Blindsight, the opportunity for a research topic– he eventually decided, like Watts, to release Move Under Ground under a Creative Commons license as well.

The response was immediate. John Scalzi’s popular blog The Whatever quickly linked to the online version, and within a month over 100 bloggers followed suit.

“We [had] about 2500 downloads [Editor's Note: That number is now 3,200],” he said in an email interview, “ranging from featurettes by John Scalzi and the publishing blog Galleycat, to people on Livejournal and myspace leaving comments saying ‘Check this out!’”

But in this case, one blog didn’t give him the link that he was hoping for: Boingboing. And both Watts and Mamatas agreed that the success of a book released under a CC license hinges off this crucial factor.

“The thing is, there’s a confound here,” Watts explained. “It wasn’t the CC release per se that gave me the boost; it was all the people talking about it. Boingboing doesn’t pimp every novel that comes down the pike. It has to be newsworthy in some way, and an author giving his work away is, for the time being, newsworthy. It attracts attention.”

In Watts’s case, Boingboing was the only blog he contacted after releasing the book online. After the site linked to him, it created a ripple effect and more bloggers piled on.

“Very, very few people came across the release by reading about it on my site,” he said. “Thousands upon thousands saw it on Cory’s, Kathryn’s, and John’s. They gave Blindsight the kind of push money can’t buy (at least, not the money I had to spare)”
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peter watts's blindsight
(Caption: Peter Watts’s Blindsight)
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Sean Wallace is the editor and publisher for Prime Books, and he has been tracking Move Under Ground’s sales closely through Bookscan. Mamatas owned the e-rights to his book, so he didn’t need his publisher’s permission–but Wallace quickly showed his approval and contributed the final text.

“The effects are largely reliant on how much word is gotten out, I think,” he said. When Wallace checked the Bookscan numbers after Mamatas released the CC novel, he saw that there was only a “minimal uptick.”

But direct book sales, he said, are only one factor to measure success. “There may be associated results,” Wallace explained “Like people buying other books by Mamatas.”

Though it’s hard to track those kinds of indirect effects, Mamatas agreed with this assessment.

“Anecdotally, a number of people have told me that they bought Under My Roof after reading Move Under Ground for free,” he said. “And a couple of newspapers have given Under My Roof some good ink, it seems after hearing about it through the publicity surrounding Move Under Ground.”

Most authors will tell you that it’s extremely difficult to measure how effective a particular form of marketing can be, and the authors I emailed who released their works under CC licenses were hard pressed to produce concrete numbers.

And though both authors reached relative success after they used the CC license, they were skeptical of its overall ability to sell books.

“So what happens when this catches on?” Watts said. “What happens when everybody releases their work through a Creative Commons licence? Then it’s no longer newsworthy, and while it will certainly continue to make my work more accessible to people who already know of my existence, it certainly won’t lure in any new readers the way the Blindsight campaign has done. It’s a niche strategy, in other words. It only works as long as most artists aren’t doing it– and as long as that’s the case, I’d certainly consider releasing my future books under a CC license.”

Over the past few years, publishers have become more willing to allow their authors to release their books this way. Watts’s publisher, Tor, printed several novels by Cory Doctorow, one of the early champions of less-restrictive copyright.

“Doctorow has set all of his stuff free with Tor’s blessing,” Watts said. “Granted, there had been some inconsistency in Tor’s perspective in the past– back when Cory was offering his first novel under a Creative Commons license, Tor was absolutely forbidding me to do the same thing– and in fact they even tried to stick a clause in my contract stipulating that I couldn’t even post excerpts on my website of more than 1700 words.”

But despite these early attempts he persisted until the restrictions were removed, and when Watts went to his editor for permission to release his book for free, he was told to wait a month and then to go ahead.

Mamatas and Watts agreed that there were few pitfalls to the CC license. Neither had any trouble selling foreign language rights to their books. Watts has offers from German and Spanish publishers, while Mamatas has had a German version of Move Under Ground published already.

Two months after Mamatas released his book for free, I asked him if there was a particular medium (other than books) more likely to benefit from the CC license.

“Well CC isn’t really for books,” he replied. “it works much better when the source being opened up is more easily adjustable, as software is. For books, stuff the nerd crowd likes: SF and fantasy, will work best. Also, various experimental texts may also work. I wonder if Douglas Rushkoff’s Exit Strategy, which involved reader-generated footnotes, would have been more successful had it been made totally open to remixing. Something short but very open-ended, a ‘Choose Your Own Adventure’ book with an infinity of choices, would likely be very popular CCed.”

But in the end, despite their skepticism of the long-term benefits of the license, both said they’d likely try it again.

“I guess I’m in for the duration,” said Watts. “And when the novelty wears off I’ll just have to find some other way of getting attention. Perhaps I could get some fan to climb up a clock tower and start shooting random pedestrians, all the while shouting ‘Peter Watts’s Blindsight made me do this!’ I bet that would increase my sales even more than a CC release. And I wouldn’t have to give anything away.”

Fuck Keith Urban (the singer)

Keith Urban sues namesake over website:

Country singer Keith Urban has filed a lawsuit against a painter of the same name, claiming that the lesser known Keith Urban’s website infringes trademark and cyber-squatting laws.

Singer Urban filed the suit in US District Court in Nashville, Tennessee, last Friday against the New Jersey painter who uses the website address www.keithurban.com to advertise oil paintings for sale.

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Related posts: Myspace has terrible web design, The Music Copyright Void, McDonald’s loses a lawsuit in its battle to defend “Mc” prefix

Nick Mamatas releases his first novel under a Creative Commons license

Nick Mamatas–novelist, journalist, and short story writer– has released his first novel for free online under a Creative Commons lincense. You’ll find the first chapter below:

move under ground

CHAPTER ONE

I was in Big Sur hiding from my public when I finally heard from Neal again. He had had problems of his own after the book came out and it started being carried around like a rosary by every scruffy party boy looking for a little cross-country hitchhiking adventure. They’d followed him around like they’d followed me, but Neal drank too deeply of the well at first, making girls left and right as usual, taking a few too many shots to the face, and eating out on the story of our travels maybe one too many times. Those boozy late-night dinners with crazy soulless characters whose jaws clacked like mandibles when they laughed are what got to him in the end, I’m sure. They were hungry for something. Not just the college boys and beautiful young things, but those haggard-looking veterans of Babylon who started shadowing Neal and me on every street corner and at every dawn-draped last call in roadside bars; they all wanted more than a taste of Neal’s divine spark, they wanted to extinguish it in their gullets. Neal was the perfect guy for them as he always walked on the edge, ever since the first shiv was held to his throat at reform school when he was a seven-year-old babe with a fat face and shiny teary cheeks. He wanted to eat up the whole world himself like they did, I knew from my adventures on the road with him, but I didn’t learn what was eating him ’til I got that letter that drove me to move under ground.

(more…)

The Music Copyright Void

by Simon Owens

Before Google’s $1.65 billion acquisition of YouTube, billionaire entrepreneur Mark Cuban famously said that anyone who buys the online video giant is a “moron.” With almost daily lawsuits launched at websites for copyright infringements, there was no shortage of media analysts who agreed with him. It might seem odd, then, that a growing number of bloggers are not only getting away with posting copyrighted music online for free; they’re actually encouraged to do so by the musicians themselves.

Music blogs (also known as mp3 blogs) post song reviews similar to those written for any traditional magazine, with one key difference: after the reader finishes the review, he can then listen to the song. The blogger uploads a full mp3 onto his server and anyone with basic computer skills can right click on the link and save it to a hard-drive.

Matt Jordan is a 20-year-old journalism major who attends the University of Kentucky. In November of 2004 he started youaintnopicasso.com for an audience of “a few friends.” Two years later, the site now gets over 5,000 visitors a day and brings in a significant income from advertising sales.

Like other music bloggers, Jordan will often download tracks from the review copies he receives and give his readers a taste of the album. “About 15 to 20 percent of the stuff I review comes from CDs people send me,” he said. “And most of those come with a note saying I can either post specific tracks from the CD, or to feel free to post any tracks I want.” For the songs he wants to upload which don’t fall into this category, he often emails the musician to ask permission. Very few say no. “The only time I’ve ever been asked to take down a song was when there was a pre-release leaked to me, and against my better judgement I put the song up on my blog. The people were cool about it though, they just emailed me and asked me to take it down for now.” They then told Jordan that he could go ahead and post the song again once the album had been released.

This trend is consistent for Frank Yang as well. By day he’s a web developer for The Globe and Mail, but in his spare time he heads chromewaves.net, an indie rock blog that covers the Toronto scene. In 2006, Yang attended close to 80 shows, many of which he got into for free because of his site.

Chromewaves differs from other blogs of its kind because it’ll often feature several songs from an album rather than just one or two. “My site is 95 percent legal and approved,” Yang said in a phone interview. “Most labels send review copies that come with an authorized mp3 to post for free.” The reason he posts more than a few songs is because he’s “more of an album person,” while other bloggers like to focus on individual tracks. As for the five percent of the songs which aren’t technically posted legally, he removes them from the site after they’ve been up for a week. To date, Yang hasn’t had a single take-down notice from a music label.

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Frank Yang
Caption: Frank Yang, blogger for Chromewaves

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Jasamine White-Gluz, lead singer and guitarist for a Montreal band called Bad Flirt, said that this is because the benefits of allowing free downloads outweigh the negatives. Her six-member band has been playing since 2002 and they’ve never minded when fans post their songs for free online.

White-Gluz is 24 years old and works as a casting agent, holding auditions for TV shows and talent agencies. “It’s cool to tell beautiful people that they’re not right for the part,” she replied when asked if she liked her job. “That’s what I always tell people.”

In addition to allowing bloggers to post their songs for free, Bad Flirt puts together pieces specifically for online promotion. They recently released an indie-pop dance collaboration with the band Hexes & Ohs and emailed it to dozens of sites. “When we had songs out on blogs,” White-Gluz explained, “the only results are more people at shows and more people buying albums and t-shirts.” She argued that because indie bands don’t normally get radio time, the blogs are able to step in and allow free samples of their music, since very few people are willing to buy an album without hearing the songs first.

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bad flirt

Caption: Bad Flirt

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Not all bands are so lax about the free music offers, however. Ryan Hancock and Andrew Prinz, both members of the Brooklyn band Mahogany, said that whether they allow a blog to post their work for free depends on a variety of factors. For one, they prefer that the person contacts them and asks permission; they’re not very comfortable with an anonymous blogger assuming that it’s absolutely fine to post whatever he wants. “I think it also depends on the music you’re doing,” said Prinz, a 32-year-old art director living in New York. “And I think it’s a decision everyone needs to make on an individual basis.” Generally, though, the band has given permission to bloggers who have emailed and asked for it.

“I think it’s a good idea to allow blogs to post our songs,” said Ryan Hancock, a civil rights lawyer who makes the trip from Philly to New York three times a week to practice with his band. “So far the music labels who produce our albums don’t mind either…it’s free promotion.”

But even with all the avenues that music blogs may open, very few have delusions of grandeur. Yang, the before-mentioned blogger for Chromwaves, asserted that in the end, his blog probably doesn’t result in many album sales. “I don’t think blogs make a huge impression,” he said. “All they can do is build buzz, create an echo chamber. And even though I get anecdotal evidence when readers tell me they bought an album after listening to a song on my blog, the sales aren’t measurable. I mean, my blog only gets 2,000 readers a day, and half of those come from Google hits, not daily readers.”

For Yang, it’s more of “an individual thing,” a grassroots promotion of his favorite bands. “If I can reach one person, and this person discovered a band he really likes, then that’s great,” he explained. “For me, that’s all that matters.”

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Related posts: This week in music, Blackboard is the new Metallica