Category Archives: Legal Issues

Legal Deposit Laws

Where I live in Australia we have laws that state a copy of every book published here must be deposited with the National Library in Canberra (the capital) and also with the state library of wherever the publisher or author if self-published, is based. In my case that would be Sydney. The thing is, technically speaking I would have to legally deposit three copies. One to the State Library, one to the library of state parliament and another to the library of Sydney University. In reality the state parliament library only wants a copy if the book is about the government (so I was told) and Sydney Uni have their own preferences.

I received a letter telling me the State Library wanted a copy of ‘Twenty Seven Seventy’ which I have to deposit under the Legal Deposit Provisions of the New South Wales Copyright act. If I deposited a copy of every title I have published I would be up for a ton of money for no benefit to me. So I rang the number on the letter and spoke to a lovely bloke called Simon. Apparently the fact I had already deposited with the national Library was irrelevant. Nor would they pay the postage or give me free parking were I to deliver it. Then I mentioned that the book was actually published by Lulu.com in the USA. No worries! No longer eligible for inclusion under the Act!

While many who take the ISBN given freely by Lulu.com when they publish through them fear losing control of their book (not possible), the fact the ‘publisher’ is listed as Lulu.com and not, in my case StreetWise Publications, whoever is a good thing. All an ISBN does is make it easier for book distributors to track their inventory. It does not make the book ‘legitimate’, nor does it give away your copyright, anywhere. It just helps a picker to find it when someone orders the thing or for a book store to know how many copies they still have in stock.

While I fully support our state libraries I have to say I can’t afford to be handing out free copies of my books willy nilly just so the Act is obeyed and these books sit gathering dust in an archive somewhere. In time eBook versions will be accepted and do a better job, not to mention taking up a lot less space.

 

Eat The Rich

First of all the censorship of a certain category of books under threat at Smashwords and elsewhere by PayPal is not driven by Smashwords or PayPal. I am disgusted to read that some writers of this category have been abusing and accusing Mark Coker, Smashwords founder and CEO, of being responsible. Even PayPal is not the culprit, it is the credit card providers and thus the banks behind them. Once again the big bankstas hit the little guy.

This is about hurting the indie book publisher, make no mistake. I was accused last night of being a conspiracy theorist because I believe there is a valid argument that the big publishers, who put a lot of business through the banks, have exerted pressure for the banks to force credit/debit card payment processors like PayPal to cut out this category. It is part of a category that has seen major growth from indie publishers and and writers. Obviously it threatens the bottom line of the big publishers. If they weren’t afraid they wouldn’t attack. This is why it didn’t happen four of five years ago. Back then the indie publishing industry was not a big enough threat to their control of the industry. Now eBooks and self-published/small publishing house books are threatening their domination.

Amazon doesn’t use PayPal but they do use credit cards so expect them to be next, if they haven’t already banned the relevant category. This is censorship by stealth,this is monopolizing by the back door. It happened before in teh good ole US of A. A few years ago they snuck the IMBRA bill in on the back of a bill nobody could argue against,one for the protection of women in domestic violence situations if I recall. But IMBRA attacked penpal sites that introduced US men to foreign women. The excuse was because these women are exploited and murdered and sadly a few have been. But so too foreign men marrying women in Russia and the Philippines and elsewhere once they realise the woman was already married and just after a Greencard and their money. Abuse was two way and neither is right but the IMBRA law only targeted the little guy. Big penpal service providers like Yahoo Groups and other didn’t have to comply, only the little ones, usually run by a US man and his foreign bride wife to help other women from her area find a foreign husband and escape poverty, have a better life etc. The bill was hidden at the back of a huge document, passed at 3am or something and was basically a way for the big penpal agencies to get rid of the small time competition. It was the sneaky way the power was wielded that upset many. This is no different. Again the big power wields its might to club the little guy.

Plenty of people see nothing wrong with this,that this is the way of the world, that credit providers have the right to choose who they will do business with and who they won’t. They are correct, but they are not right. This is not right because it is an abuse of power. It is ‘might equals right’ at work.Yes it is the way of the world but that doesn’t mean we should accept it. The world has been a tough place since Day 1 but we have fought hard to make it a better place to be. We used to have 6 yer olds working 14 hour days in the Poorhouse for the debts of their parents but not any more. We used to treat our women little differently in many ways to how they still suffer in tribal areas of Pakistan, Afghanistan and even in urban areas of these and other countries, but not any more. We used to consider our women as chattel goods the husband or oldest brother could do with as they wished, even marry them off and keep any payments, but not any more.

I could go on but the message is surely clear. This is the thin edge of the wedge. Now it is a certain category dealing with three or four specific subjects. What’s next? Who’s next? Will the banks deny credit to small pharmacies? Little mom and pop corner stores? Will they claim these family businesses often exploit the children of the owners, forcing them to work behind the counter after school and this is their moral justification? Or any small business because the owners don’t employ enough people or some other, spurious justification to wipe out the little guys. Let’s face it, even with computers dong all the work, it is easier to have a handful of huge clients like Wal-Mart and Costco than it is to have hundreds of thousands of small stores putting their take through their accounts every business day.

Bottom line, don’t blame the wrong people, fire your arrows and throw your brickbats at the right target, the mega rich banks and the mega rich bankers. Not the teller behind the counter trying to hold onto her job as more and more jobs are cut and sent overseas. Not the help desk person who is one of the few left in your own country as more and more jobs are outsourced to people who might speak English, but it isn’t the same language. Not their fault and they are only trying to feed their families too. No, blame the rich who are not like you and me and can’t comprehend how we can not accept we are here to serve them. Didn’t someone once say “eat the rich”? I know what they meant.

 

Censorship By Stealth

First they came for the communists,
and I didn’t speak out because I wasn’t a communist.

Then they came for the trade unionists,
and I didn’t speak out because I wasn’t a trade unionist.

Then they came for the Jews,
and I didn’t speak out because I wasn’t a Jew.

Then they came for me
and there was no one left to speak out for me.

Martin Niemoller

 

 

Yesterday I received an email from Mark Coker, owner of Smashwords. Basically he told how he had been pressured by PayPal to remove any books that contained certain material. One of the 18 titles I distribute through Smashwords  was classified in the category being targeted. I changed the category because it did not fit given the content and I had tried it there as a marketing exercise to gain new readership. The category and the content is not relevant. It is the censorship that is the issue. I understand Mr Coker’s position and I feel for him. PayPal control the money and that is the bottom line. They are controlled by the banks who process the credit card transactions. They feel they should charge very high fees for some categories as sadly there are more chargebacks in those categories. This is all about money. Or is it? Coming from the USA where religious extremism is what kicked the country off back in the day of the Mayflower and the Pilgrims, why should any of us be surprised?

 

Read these other posts and decide for yourself what this is really all about. I also think there is an argument that this is pushed by the big publishers, exerting pressure on their banks, to wipe out indie publishers. They don’t like the power being regained by the writer and the little guy, they have too much invested in their grip of the market. This is happening all over America. A report the other day studied how today, pharmacy graduates have no hope going into business for themselves thanks to the big four drug store chains ruling the market. What about any line of retail? Forget it. Supermarkets? No point. Books, same deal. It is all about massive firms with lots of money, invested by share holders who want huge dividends and who cares who suffers? They have enough money to be part of the 1%. Now it is spreading all over the world. First they want us to be aspirational and think we are middle class, then they con us into believing we can afford it by taking their credit, then they wipe us out while getting bailed out by our tax dollars. They don’t pay taxes as they have very smart people on their payroll figuring out how to minimize their tax obligation, or bring in laws to change things. We are here to work for them, serve them, make their lives easier. As F.Scott Fitzgerald once remarked to Ernest Hemingway, “the rich are different to the rest of us”. He was so right.

 

This time it is books in this particular category that are being targeted. Who is next? Pick a genre, perhaps me for having a blog where I call these people out on their actions. I don’t write for that category and I don’t read books in that category, in fact I find some of them very objectionable. But nobody who writes, reads or sells them has ever threatened my writing, my business, my income and thus my family. None of those writers, readers or sellers have ever put a gun to my head and forced me to do anything. Or threatened to take anything of mine away. As Pastor Niemoller is alleged to have said, “Then they came for me
and there was no one left to speak out for me.”

Sued For Social Network

I just read this article about a man who is being sued by a former employer for taking his Twitter followers with him when he left his job. It is not a simple situation as there was an arrangement in place between the two parties but what it does do is raise the issue of the whole impact of social networking. Who owns the traffic? Did you tweet on company time or during your breaks? If you write something for your employer while employed by them they own it. It is known as writing for hire. I worked with a writer who refused to write anything of his own, even on his own time and own computer, while employed by the company we worked for as content writers. He was paranoid they would try and claim his work as their own if he were to leave and they chose to do so. That might be a long shot but if you work for an American company or are American, it is possible. They are pretty litigious over there, afterall.

So what about your social networking? Say you have your own Twitter account and thousands of followers who hang off your every tweet. You mention who you work for and these loyal followers go out and buy something from the company. Sales skyrocket and they realise it is thanks to your Twitter account. They say, sure, go ahead, mention us again, no sweat. Then after this happens a few times you decide to get a new job. They say you are free to leave but we own your Twitter account and your 100,000 followers and they are worth $2.50 a tweet to us, each. So that is $250,000 you owe us.

Social networking is the big thing at the moment and corporations are beginning to twig to the potential. Be very careful if you still have a ‘day job’ and you are promoting your writing via your Facebook or Twitter account, especially if you tweet or post on the company’s time. If you are paid to work for them, then do the right thing. Tweet on your break, or better yet, keep it for the train going home. Remember that nowadays Big Brother is not only watching, he just might want a piece of the action!