WHY IS PUBLISHING PLAGIARISM STILL POSSIBLE?; Book Riot, February 15, 2022

 Alice Nuttall, Book Riot; WHY IS PUBLISHING PLAGIARISM STILL POSSIBLE?

"Spotting plagiarism in books, though, still seems to be a matter for eagle-eyed readers or wronged authors. Why, in a world where there’s an app or a programme for everything, is publishing plagiarism still possible?"

Opinion: I witnessed brutal censorship in Iran. We should all take U.S. book bans as a warning.; The Washington Post; February 14, 2022

Azar Nafisi, The Washington Post; Opinion: I witnessed brutal censorship in Iran. We should all take U.S. book bans as a warning.

"Azar Nafisi is the author of “Reading Lolita in Tehran.” Her new book, “Read Dangerously: The Subversive Power of Literature in Troubled Times,” comes out in March.

First they burn books, then they kill people!”

That line often came to mind when I was living in the Islamic Republic of Iran, every time the regime closed a bookstore or a publishing house, every time it censored, banned, jailed or even killed authors. It never occurred to me that one day I would repeat the same sentiment in a democracy, in my new home, the United States of America...

It is alarming to think that American communities in 2022 are actively seeking to deprive people of the reading experiences for which my students in Iran paid such a heavy price. For I can tell you: Book bans are canaries in coal mines — indicators of the direction in which a society is moving.

In recent years, we have seen how truth is replaced by lies, and how dangerous a cultivated ignorance can be, especially when it is embraced by our political leaders and our loudest media commentators, those with the largest bullhorns. Book-banning is a form of silencing, and it is the next step along a continuum — one that I worry even in the United States presages a further slide toward totalitarianism."

Librarians Decry GOP Moves to Ban Books in Schools; PEW Charitable Trusts, January 13, 2022

David Montgomery, PEW Charitable Trusts; Librarians Decry GOP Moves to Ban Books in Schools

"Outraged at the parents and politicians who are trying to rid school libraries of books they denounce as inappropriate or even pornographic, a band of Texas school librarians is fighting back. 

Shortly after Texas state Rep. Matt Krause called for the state’s school libraries to review a list of 850 books for possible removal, four librarians formed “#FReadom Fighters” to resist what they call “a war on books.”

“We became this little freedom-fighting team,” said Carolyn Foote, a former school librarian in an Austin suburb who is now a library consultant. “We just wanted the voices of librarians and students and authors to be heard.”"

Who Owns a Recipe? A Plagiarism Claim Has Cookbook Authors Asking.; The New York Times, November 29, 2021

Priya Krishna , The New York Times; Who Owns a Recipe? A Plagiarism Claim Has Cookbook Authors Asking.

U.S. copyright law protects all kinds of creative material, but recipe creators are mostly powerless in an age and a business that are all about sharing.

"U.S. copyright law seeks to protect “original works of authorship” by barring unauthorized copying of all kinds of creative material: sheet music, poetry, architectural works, paintings and even computer software.

But recipes are much harder to protect. This is a reason they frequently reappear, often word for word, in one book or blog after another.

Cookbook writers who believe that their work has been plagiarized have few options beyond confronting the offender or airing their grievances online. “It is more of an ethical issue than it is a legal issue,” said Lynn Oberlander, a media lawyer in New York City...

“The whole history of American cookbook publishing is based on borrowing and sharing,” said Bonnie Slotnick, the owner of Bonnie Slotnick Cookbooks, an antique bookstore in the East Village of Manhattan...

Mr. Bailey said many cookbook authors are used to the free exchange of ideas on social media, and may not be conscious of the importance of giving credit. “It has become so tempting in this environment to just take rather than to create,” he said."

Want to borrow that e-book from the library? Sorry, Amazon won’t let you.; The Washington Post, March 10, 2021

Geoffrey A. Fowler, The Washington Post ; Want to borrow that e-book from the library? Sorry, Amazon won’t let you.

 

"Many Americans now recognize that a few tech companies increasingly dominate our lives. But it’s sometimes hard to put your finger on exactly why that’s a problem. The case of the vanishing e-books shows how tech monopolies hurt us not just as consumers, but as citizens...

 

Librarians have been no match for the beast. When authors sign up with a publisher, it decides how to distribute their work... 

 

In testimony to Congress, the American Library Association called digital sales bans like Amazon’s “the worst obstacle for libraries” moving into the 21st century. Lawmakers in New York and Rhode Island have proposed bills that would require Amazon (and everybody else) to sell e-books to libraries with reasonable terms. This week, the Maryland House of Delegates unanimously approved its own library e-book bill, which now heads back to the state Senate... 

 

Libraries losing e-books matters because they serve us as citizens. It’s easy to take for granted, but libraries are among America’s great equalizers."

Internet Archive to Publishers: Drop ‘Needless’ Copyright Lawsuit and Work with Us; Publishers Weekly, July 23, 2020

Andrew Albanese, Publishers Weekly; Internet Archive to Publishers: Drop ‘Needless’ Copyright Lawsuit and Work with Us

"During a 30-minute Zoom press conference on July 22, Internet Archive founder Brewster Kahle urged the four major publishers suing over the organization’s book scanning efforts to consider settling the dispute in the boardroom rather than the courtroom.

“Librarians, publishers, authors, all of us should be working together during this pandemic to help teachers, parents, and especially students,” Kahle implored. “I call on the executives of Hachette, HarperCollins, Wiley, and Penguin Random House to come together with us to help solve the challenging problems of access to knowledge during this pandemic, and to please drop this needless lawsuit.”

Kahle’s remarks came as part of a panel, which featured a range of speakers explaining and defending the practice of Controlled Digital Lending (CDL), the legal theory under which the Internet Archive has scanned and is making available for borrowing a library of some 1.4 million mostly 20th century books."

Internet Archive ends “emergency library” early to appease publishers; Ars Technica, June 11, 2020

Timothy B. Lee, Ars Technica; Internet Archive ends “emergency library” early to appease publishers

Online library asks publishers to “call off their costly assault.”

 

"The Internet Archive has ended its National Emergency Library programs two weeks earlier than originally scheduled, the organization announced in a Wednesday blog post. 

"We moved up our schedule because, last Monday, four commercial publishers chose to sue Internet Archive during a global pandemic," the group wrote. The online library called on publishers to "call off their costly assault."

But that doesn't seem very likely. The Internet Archive isn't ending its online book lending program altogether. Instead, the group is returning to a "controlled digital lending" (CDL) model that it had followed for almost a decade prior to March. Under that model, the group allows only one patron to digitally "check out" a book for each physical copy the library has in stock. If more people want to read a book than are physically available, patrons are added to a waiting list until someone checks the book back in...

Experts have told Ars that the CDL concept has a better chance of winning approval from the courts than the "emergency library" idea with unlimited downloads. But the legality of CDL is far from clear. Some libraries have been practicing it for several years without legal problems. But publishers and authors' rights groups have never conceded its legality, and the issue hasn't been tested in court."

Publishers Sue Internet Archive Over Free E-Books; The New York Times, June 1, 2020

Elizabeth A. Harris, The New York Times; Publishers Sue Internet Archive Over Free E-Books

Penguin Random House, HarperCollins, Hachette and Wiley accused the nonprofit of piracy for making over 1 million books free online.

"A group of publishers sued Internet Archive on Monday, saying that the nonprofit group’s trove of free electronic copies of books was robbing authors and publishers of revenue at a moment when it was desperately needed.

Internet Archive has made more than 1.3 million books available free online, which were scanned and available to one borrower at a time for a period of 14 days, according to the complaint. Then in March, the group said it would lift all restrictions on its book lending until the end of the public health crisis, creating what it called “a National Emergency Library to serve the nation’s displaced learners.”

But many publishers and authors have called it something different: theft.

“There is nothing innovative or transformative about making complete copies of books to which you have no rights and giving them away for free,” said Maria A. Pallante, president of the Association of American Publishers, which is helping to coordinate the industry’s response. “They’ve stepped in downstream and taken the intellectual investment of authors and the financial investment of publishers, they’re interfering and giving this away.”"

Death threats against the author of ‘American Dirt’ threaten us all; The Washington Post, January 30, 2020

Ron Charles , The Washington Post; Death threats against the author of ‘American Dirt’ threaten us all

"The co-owner of Politics and Prose, Lissa Muscatine, articulated that goal when she introduced Cummins last week. She noted that “American Dirt” raises questions such as: “Who is entitled to tell whose story? What is the purpose of literary fiction? Does a white-dominated publishing world perpetuate cultural bias in its choices of authors and books to promote?” Before turning over the microphone to Cummins, she reminded us, “Here at P and P, our only requirement is that we all remain respectful and generous as we listen to and hear from one another, even when we disagree.”

How grotesquely that modest requirement of liberal society has been soiled this week."

The Authoritarian’s Worst Fear? A Book; The New York Times, October 3, 2019

Duncan White, The New York Times; The Authoritarian’s Worst Fear? A Book

""Regimes are expending so much energy attacking books because their supposed limitations have begun to look like strengths: With online surveillance, digital reading carries with it great risks and semi-permanent footprints; a physical book, however, cannot monitor what you are reading and when, cannot track which words you mark or highlight, does not secretly scan your face, and cannot know when you are sharing it with others."

Steal This Book? There’s a Price; The New York Times, September 15, 2019

Richard Conniff, The New York Times; Steal This Book? There’s a Price

I have about 400 offers to buy illegal copies of my own work. Something is very wrong. 

"Maybe, though, it’s too narrow to focus on the way our society has discounted its authors. No doubt musicians, and local retailers, and hometown newspapers, and schoolteachers, and factory workers all feel discounted in much the same way. We have surrendered our lives to technocrat billionaires who once upon a time set out to do no harm and have instead ended up destroying the world as we knew it. Convenience and the lowest possible price, or no price at all, have become our defining values. We have severed ourselves from our communities and from the mutual give-and-take that was once our ordinary daily life. Now we sit alone in our rooms, restlessly scrolling for something free to read."

'I can get any novel I want in 30 seconds': can book piracy be stopped?; The Guardian, March 6, 2019

Katy Guest, The Guardian;

'I can get any novel I want in 30 seconds': can book piracy be stopped?

"The UK government’s Intellectual Property Office estimates that 17% of ebooks are consumed illegally. Generally, pirates tend to be from better-off socioeconomic groups, and aged between 30 and 60. Many use social media to ask for tips when their regular piracy website is shut down; when I contacted some, those who responded always justified it by claiming they were too poor to buy books – then tell me they read them on their e-readers, smartphones or computer screens - or that their areas lacked libraries, or they found it hard to locate books in the countries where they lived. Some felt embarrassed. Others blamed greedy authors for trying to stop them.

When we asked Guardian readers to tell us about their experiences with piracy, we had more than 130 responses from readers aged between 20 and 70. Most regularly downloaded books illegally and while some felt guilty – more than one said they only pirated “big names” and when “the author isn’t on the breadline, think Lee Child” – the majority saw nothing wrong in the practice. “Reading an author’s work is a greater compliment than ignoring it,” said one, while others claimed it was part of a greater ethos of equality, that “culture should be free to all”."

Do You Have Concerns about Plan S? Then You Must be an Irresponsible, Privileged, Conspiratorial Hypocrite; The Scholarly Kitchen, November 26, 2018

Rick Anderson, The Scholarly Kitchen; Do You Have Concerns about Plan S? Then You Must be an Irresponsible, Privileged, Conspiratorial Hypocrite

"Ultimately, though, what is most concerning about Plan S is not the behavior of those hell-bent on defending it by any means necessary. That’s just par for the course. More important is the way in which researchers themselves — the people whose work and whose freedom to choose will be directly affected by its implementation — seem to have been excluded from the process of formulating it. This shouldn’t be surprising, I guess, given the disdain in which authors and researchers are apparently held by Plan S’s creators. After all, as Science Europe’s Robert-Jan Smits puts it: “Why do we need Plan S? Because researchers are irresponsible.”

There you have it. The freedom to choose how to publish isn’t for everyone; it’s only for those who are “responsible” — which is to say, those who agree with Plan S."

Fair Use Too Often Goes Unused; Chronicle of Higher Education, May 10, 2017

Noah Berlatsky, Chronicle of Higher Education; 

Fair Use Too Often Goes Unused

"Only if authors can’t track down permissions holders, [Julia] Round [editor of the journal Studies in Comics] said, does the journal consider printing small images under the legal doctrine of fair use.

But while publishers want authors to get permission, the law often does not require it. According to Kyle K. Courtney, copyright adviser for Harvard University in its Office for Scholarly Communication, copyright holders have certain rights — for instance, if you hold rights for a comic book, you determine when and by whom it can be reprinted, which is why I can’t just go out and create my own edition of the first Wonder Woman comic. But notwithstanding those rights, fair use gives others the right to reprint materials in certain situations without consulting the author — or even, in some cases, if the author has refused permission...

Seeking permission may seem safe, but it can have serious ethical and practical downsides."

EFF Says No to So-Called “Moral Rights” Copyright Expansion; Electronic Frontier Foundation (EFF), March 30, 2017

Kerry Sheehan and Kit Walsh, Electronic Frontier Foundation (EFF): 

EFF Says No to So-Called “Moral Rights” Copyright Expansion

"The fight over moral rights, particularly the right of Integrity, is ultimately one about who gets to control the meaning of a particular work. If an author can prevent a use they perceive as a “prejudicial distortion” of their work, that author has the power to veto others’ attempts to contest, reinterpret, criticize, or draw new meanings from those works...

A statutory right of attribution could also interfere with privacy protective measures employed by online platforms. Many platforms strip identifying metadata from works on their platforms to protect their users' privacy, If doing so were to trigger liability for violating an author’s right of attribution, platforms would likely be chilled from protecting their users’ privacy in this way.

For centuries, American courts have grappled with how to address harm to reputation without impinging on the freedom of speech guaranteed by the First Amendment. And as copyright’s scope has expanded in recent decades, the courts have provided the safeguards that partially mitigate the harm of overly broad speech regulation."

London Book Fair 2017: Judge Pierre Leval Defends Google Books Decision, Fair Use; Publishers Weekly, March 16, 2017

Andrew Albanese, Publishers Weekly; 

London Book Fair 2017: Judge Pierre Leval Defends Google Books Decision, Fair Use

"In a packed room for the LBF’s 2017 Charles Clark Memorial Lecture, Judge Pierre Leval, America’s foremost copyright jurist and a judge on the U.S. Court of Appeals Second Circuit, told attendees that Google’s program to scan tens of millions of library books to create an online index “conferred gigantic benefits to authors and the public equally,” and did not “offer a substitute or interfere with authors’ exclusive rights” to control distribution.

“It was,” Leval concluded, “not a, quote, close case.”

Leval delivered his remarks in what was billed as a debate with intellectual property lawyer and former General Counsel for the U.S. Copyright Office, Jon Baumgarten. But at the outset, both Leval and Baumgarten—long time acquaintances—downplayed the debate aspect. Rather, at a time when proposed exceptions to copyright law have many publishers in the U.K. and Europe on edge, Leval spoke mainly as an ambassador for the American doctrine of fair use...

The key to American fair use, he said, was the flexibility the law gives judges. While he acknowledged there is something to be said for “predictability and bright line rules,” he insisted that hard and fast standards do not best serve the purpose of copyright...

In his portion of the talk, Baumgarten reiterated the publishing community’s main complaints with the decision, and about fair use in the digital age more broadly. Most prominently, that the decision overly expanded the right to freely copy others’ works, which, if widely practiced in the digital age will harm rightsholders. He also bemoaned what he saw as the courts’ expansion of what “transformative” means."

Peer-review activists push psychology journals towards open data; Nature, March 1, 2017

Gautam Naik, Nature; 

Peer-review activists push psychology journals towards open data

"An editor on the board of a journal published by the prestigious American Psychological Association (APA) has been asked to resign in a controversy over data sharing in peer review.

Gert Storms — who says he won’t step down — is one of a few hundred scientists who have vowed that, from the start of this year, they will begin rejecting papers if authors won’t publicly share the underlying data, or explain why they can’t.

The idea, called the Peer Reviewers’ Openness Initiative, was launched by psychologists hoping to increase transparency in a field beset by reports of fraud and dubious research practices. And the APA, which does not ask that data be made available to peer reviewers or shared openly online, seems set to become an early testing ground for the initiative’s influence. With Storms’ situation still unresolved, the society’s council of editors will discuss whether it should change its policies at a meeting in late March."

"Jail for Self-Publishing Novels"; Bizarro, 7/16/16

Dan Piraro, Bizzaro:

"Jail for Self-Publishing Novels"

Cassandra Clare Created a Fantasy Realm and Aims to Maintain Her Rule; New York Times, 4/23/16

Penelope Green, New York Times; Cassandra Clare Created a Fantasy Realm and Aims to Maintain Her Rule:

"The place Ms. Clare occupies in publishing — and the work she does to keep herself there — is emblematic of the burdens and boons fan culture bestows on so many fantasy authors. Deeply possessive of the characters Ms. Clare has created, the fans can turn on her for plot directions they don’t approve of, or for the ways in which the television show diverges from the books. (Ms. Clare has no role in the TV series.)

Fantitlement, as this phenomenon is known, has raised her fortunes while at times it has bedeviled her, as it has so many of her peers. Laura Miller, a books and culture columnist at Slate who has written about fan culture, likened Ms. Clare’s experiences to that of George R. R. Martin, the “Game of Thrones” author whose fans grew so angry at his publishing pace that some created a blog, “Finish the Book, George.”"