A-hoy, matey! Should ebook pirates walk the plank or be set free?

This is my recent reply on JA Konrath's blog where piracy pros and cons are still being discussed. I am a bit concerned about new authors taking everything Joe says to heart without looking into the issue--illegal copyright theft and sharing. As much as I respect Joe for his marketing abilities, I am not sold on his argument that since we can't fight them we should embrace piracy and do nothing, turn a blind eye. I'm just not wired that way, and I'm not alone.

My comment:

I'm dropping by to give you all another update on the 4shared website that has illegally shared so many authors' works.

Mine were removed--as were many others--after 2-3 brief emails with 4shared. It wasn't time consuming and I didn't find it half the battle as when I was fighting for the rights of authors to keep their signature lines on Amazon book reviews, which we can do now although they had been deleting reviews by authors who had done such.

It's a small win, having your work deleted from pirate sites.

Do I think this solves the issue? Not at all. My work could end up right back on the site, but for now I'm satisfied. At least I took a stand against something that is legally wrong.

The word "copyright" and subsequent laws protecting our copyrights are there for a reason. When a pirate distributes an ebook, they are making illegal copies and conversions, sometimes even scanning a printed book. While there will always be people disobeying this law, it is in authors' best interests to not sit passively and allow this to happen.

Over the past week or so I've been contacted by a number of authors who were not happy to see their works pirated. I was also contacted by the agent of a very well-known bestselling author. She wasn't pleased to find her client's works on 4shared and she and the publishers involved are taking steps to have the works removed. 4shared has been fairly easy to work with on this matter.

As for Joe's belief that authors should sell ebooks for $1.99 to see better sales, that's not a guarantee. Not every author has the fan base or history of publishing with big publishers as Joe has had, and whether he wants to believe that makes a difference or not, it does. Having a series also helps in this situation; hook people with book #1 and they'll come back for more because they want to know what happens next to those characters. I KNOW that if I'd been published by a major or even mid-list traditional publisher, my work would have reached far more people than it did publishing with a small traditional publisher. It's a no-brainer.

That doesn't mean Joe hasn't worked hard. When I read about all his promotional strategies, I'm exhausted. :-) And good for him for being so pro-active on this. Many authors think it's up to the publisher to market their books. It's not.

Regarding ebook pricing: Pricing your ebooks at $1.99 does not guarantee you higher sales, and new authors really need to understand this. It's your fan base and marketing strategies (which includes pricing and much more) that will lead to high sales.

An author with a new release SHOULD market her books a bit higher to put value on it and also so that later, when the book has been out awhile, she can discount it to make it more attractive as a backlist or older title.

This doesn't mean she can't put it on sale every now and then, or give away some free copies--both great marketing strategies.

Anyone who's ever been in marketing & sales (that was my background prior to becoming a published author) of other products will know that new products hold better value. If you start with $1.99 ebooks, you don't have much room to go in discounting, especially since some retailers have minimum prices you have to charge (like Amazon).

Though I bowed out of this debate awhile ago, I'm still reading posts here, plus the many emails I've received privately from authors and (surprisingly) admitted "pirates". Though I appreciate their reasoning and can even understand why they do it, I can't condone it as others here have done. For anyone just weighing in on this debate, it is far better to investigate both sides of the piracy issue before making a decision. And trust me, if you aren't an author or if you haven't been pirated, you have no idea how it feels to have your work stolen and re-distributed. Pirates don't usually download a book they aren't interested in, and in that, authors have lost a potential sale. Period.

But I do agree with a couple of points my new pirate friends mentioned: ebooks need to be priced affordably (less than $5 seems to be the consensus, easily accessible to all ereader devices and easily uploaded. Smashwords.com seems to understand these concepts and I believe they have the most versatility when it comes to formats. My books are all available through Smashwords. Plus, their coupons make it easy for me to discount my books for special sales.

By the way, Smashwords, Amazon on other retailers offer a LEGAL method for people to "distribute" authors' works. It's called affiliation. As an affiliate, you can advertise an author's works on your site/blog (which is very supportive) and then earn money on sales purchased via your affiliate link. Former pirates could then earn money to buy more books. I am more than happy to have others distribute my works this way--and we all win.

I'll leave you all to continue this debate. I've said what I need to say on this subject, as you can see on my own blogs about piracy.

I encourage authors to read everything they can on piracy. Don't take my word for it, or Joe's. We each have strong opinions on what's right and wrong. Make an informed decision based on more than a couple of authors' (or pirates) opinions.

Support Authors, Buy a Book! :-)

My other posts on piracy:

http://cherylktardif.blogspot.com/2010/05/authors-are-your-books-being-illegally.html
http://cherylktardif.blogspot.com/2010/05/update-on-blatant-copyright.html
http://cherylktardif.blogspot.com/2010/05/update-2-on-copyright-infringement-at.html
http://cherylktardif.blogspot.com/2010/05/author-ja-konrath-defends-copyright.html
http://cherylktardif.blogspot.com/2010/05/update-3-authors-get-copyright.html

Cheryl Kaye Tardif,
bestselling Canadian author
www.cherylktardif.com

Update 3: Authors get copyright infringed piracy works removed from 4shared

For those of you following the book piracy issue over at 4shared.com, this will be your final update from me (I hope). Reports from other authors have been a mix of relieved authors who found only book reviews posted, to furious authors who've discovered full works being pirated. Many of those who chose to report the abuse have found the problems remedied--for now. According to 4shared, my material that was shared has been removed from the system. I checked and it's now gone. Thank you, 4shared.com!

Does that solve the problem of piracy? No.

Does this prevent it from ever happening? No.

I am a realist (yes, and a dreamer) and I do know that theft has and always will be a huge problem with human nature. People steal for all kinds of reasons, and piracy of intellectual rights comes with its own built-in justification system. While some feel it'll never go away so lie down and don't fight it, others will take the necessary steps to right the wrong when they can. These, too, are both sides of human nature, and neither is the wrong approach.

To those who feel they have all the answers and that theirs is the ONLY sensible approach, good for you. I'm glad you're satisfied with where you're at and with what's happening to your works. To others who feel piracy threatens their livelihood or profession, I feel for you. We ARE limited to some extent by what we can and cannot do to prevent piracy. But we can at least try. And good for those of you who took a stand. Most people balk at a fight or challenge. It's far easier to walk away than to step into the battle.

As I've been saying a lot the past couple of days:

You either stand for something, or you sit for everything.

To those authors whose works are still up even after reporting abuse, be patient. It'll take a few days, but once you've provided the info they requested, it'll get taken down and I suspect without much of a fight--as mine was. Good luck to you all and kudos for standing for something.

Support Authors, Buy a Book!

I wish JA Konrath and everyone else, no matter which side of this debate you're on, the very best in success always.

If you haven't read the previous links on this topic, here they are:

UPDATE 1

UPDATE 2

Update: Author JA Konrath defends copyright piracy

Cheryl Kaye Tardif,
critically acclaimed author of Whale Song, The River, Divine Intervention
http://www.cherylktardif.com/

Author JA Konrath defends copyright piracy

If you haven't been following this topic, please read my first post:
http://cherylktardif.blogspot.com/2010/05/authors-are-your-books-being-illegally.html

After notifying fellow author JA Konrath that his books were being illegally downloaded on 4shared.com, I was surprised that he boasted about his cavalier attitude regarding copyright infringement on his blog. But I can see where it stems from. He's reportedly making quite a bit of money from his books, one of few authors I know that is making a living off their work. So why should he worry?

In his post, Konrath suggests that authors have "freaked-out" over this issue and that we're a bunch of idiots who are uneducated. "If you really fear piracy, educate yourself...If you have an ounce of brains in your head, you will quickly realize that piracy is always going to be here."

Most of his post validate pirates and their theft of copyright protected works. To say I'm disappointed in his attitude is an understatement. But hey, he has a right to believe what he wants. And so do I and the other authors I've spoken to this week who are not impressed to find their copyrights infringed.

This was my response to his post:

Joe, as one of the four authors who took time to alert you to the piracy of your books, I'm offended by your cavalier attitude and your comments that people who fear piracy are basically stupid and uneducated. I am neither. I am smart enough and educated enough to make a decision on whether piracy hurts me as an author, and I believe it does.

Of course you disagree. As you told me in your email reply, you're still raking in the sales at $230 a day, so a little piracy isn't hurting your sales. Let me assure you that the majority of authors are NOT making money like this. Most authors I know are lucky to make that amount a month.

So yes, theft of our works strikes a protective chord for most of us. We simply cannot afford to have other people illegally offering up our works to others for free. It is up to the author or publisher to give away free books, and I do that often, on my own terms and when I can afford to do so.
Maybe if I was making $200+ a day on book sales, I'd have the same attitude about piracy, but I hope not. I hope that I always remain humble enough to remember the struggle to get there and to remember how I started, with one book and one sale.

Show me a music artist who has NOT been hurt by sites that offer free downloads. I have a lot of friends in the music industry. They're all struggling. A few hundred (or thousand) dollars a month they could have made from the illegal downloads would certainly help them out. The music industry has been fighting this same battle for years. I expect authors will too. That still doesn't make it right.

I am not alone in this. Besides other authors, agents and publishers, one of the major writers organizations in the US--Authors Guild--has already begun an investigation into sites like 4shared.com. The 5-10% writers who are actually making a decent living from their writing may never see the loss of money that piracy results in, but the other 90-95% of authors will.

I'll always stand up for the rights of authors and content creators.

UPDATE:
I spent most of the day participating in an interesting debate on this topic with JA Konrath and visitors to his blog. You might want to check it out and leave a comment. One thing I most enjoyed was that visitors to the discussion were quite respectful. I encourage you to be the same here and on Joe's blog. It's not easy to take a stand (on either side), but I hope the discussion will give you food for thought.

Support Authors, Buy a Book!

Cheryl Kaye Tardif
award-winning Canadian author
http://www.cherylktardif.com/

Update 2 on copyright infringement at 4shared.com

If you haven't read the 2 posts below, you may want to do so first. Here's another update on the problems of copyright theft at 4shared.com...

I've now heard from dozens of authors who have found their works posted to this site, and it's now come to my attention that some of the PDFs posted on 4shared.com may not contain full works. Some may contain excerpts and some may contain reviews. However, unless the member wrote the review, copyright law is still in effect.

Whatever authors choose to do and how they choose to handle these infringements is completely up to them. I really didn't want to download anything from 4shared and many authors may not want to, but I did so and found my copyright was still infringed. I discovered both my copyrighted text and reviews by others posted there.

In the end it boils down to one thing: authors must take a stand when their copyright is being abused. This is the same fight the music industry has had for decades. Artists and authors create the work and we lose money with these illegal downloads. While many music artists may be raking in big bucks, I can tell you most authors aren't.

Support Authors, Buy a Book!

Update on blatant copyright infringement over at 4shared.com

If you haven't read my first post on 4shared.com's theft of my work, please read it first:
Authors: Are your books being illegally downloaded on 4shared.com?

Update 1:

I finally received an email from 4shared.com after reporting the illegal PDFs that one of their members is allowing others to download. This email came AFTER I filled out their form and provided them with details about the blatant copyright theft of my works.

Hello,

Please write us back arranging your complaint into the correct copyright
report sample set by DMCA and we'll react on this matter asap.

According to DMCA (Digital Millennium Copyright Act) the notification must:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (i.e., describe the work that you own).
2. Identify the in-world item that you claim is infringing on your copyright, and provide information reasonably sufficient to locate the item in-world.
3. Provide a reasonably sufficient method of contacting you; phone number and email address would be preferred.
4. Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to 'prove' substantive claims.)
5. Include the following statement: 'I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law.'
6. Include the following statement: 'I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.'

The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that an in-world item is infringing your copyrights. We recommend contacting an attorney if you are unsure whether an in-world object is protected by copyright laws.

Best regards,
Marina
support@4shared.com  

My reply to this was to RESTATE all the info I'd already sent them. I won't play their stupid games. As the LEGAL copyright holder and the AUTHOR of this material, I've asked them to remove by deleting the content completely from their site and from the member's account.

According to their website, they send the member a wanring of the abuse and instruct them to remove the material. Then the material is put into a folder marked "Abuse" and remains on the member's page. Uh, hello, you stupid idiots!! That is NOT deleting.

I am now in the process of contacting the advertisers that are supplying the owners of 4shared.com with part of the $64,000 a DAY they earn. I am hopeful that most of these advertisers have no idea their ads are appearing on a website that blatantly allows copyright infringement to occur.

What are your thoughts on this site? What do you think about this email they sent? If you're an author, go to that site and search for your name. You might be horrified to find your work being offered there for free. I know I was.

UPDATE 2

Cheryl Kaye Tardif
http://www.cherylktardif.com/

Support Authors, Buy a Book!

Authors: Are your books being illegally downloaded on 4shared.com?

Yesterday, after reading an article in Romance Writers Report about 4shared.com, a website that allows members to upload copyright protected works that aren't their own, I decided to check the site to see if any of my works were illegally posted there. And they were.

I immediately sent a cease and desist notice to the member who posted my content and infringed on my copyright, plus I sent a similar message to the site owners. Many hours have passed and as of yet there has been no reply from either, and my material is still on the site. Many of my author friends have discovered today that their works are illegally posted there too. If you're an author, check! Then report the copyright abuse and demand your work be removed.

To say that I'm pissed is an understatement. Over the years I've refused to partake in sites like Kazaa and other illegal sharing of music because I knew that those music artists should be paid for their works. Just like authors should. As it is, most authors barely make a living. We aren't rich and hugely successful like the Margaret Atwood, Stephen King and JK Rowling. Most authors couldn't even live on their earnings. So to be taken advantage of in such a way makes me feel very angry.

If you want to read a book, there are plenty of authors who are offering free books or ebooks throughout the year. I do this often. But this is my right as the content creator. What makes 4shared.com even more reprehensible is that according to an article by Erin Fry, this website is raking in $64,000 A DAY from memberships and advertising. Meanwhile, the authors whose works are being ripped off make $0.00.

Seriously, dear readers and book lovers, please reconsider how you get your books. Writing is my passion and I work very long hours every day, writing and promoting, so that I can provide you with my very best work. This is my job, my career, my life.

Please show your support of authors and buy a book today. My Whale Song ebook is only $1.59 at KoboBooks.com, and many other authors offer low prices like this. You don't have to buy mine, but please support authors by not downloading illegal PDFs.

UPDATE 1

UPDATE 2

Author JA Konrath defends copyright piracy

UPDATE 3 - some resolution

Buy a book and support authors. Thank you.

Sincerely,
Cheryl Kaye Tardif

Copyright infringement: an act of honoring or theft?

Recently, a fellow writer posted an article written by another author to our writers' group. He was trying to be helpful. But he openly admitted he didn't have permission to reproduce the article. He hadn't bothered to contact the author and ask, and the article author isn't a member of our group, as far as I know. This led to a discussion on the issue of copyright infringement.

My fellow writer's argument: he was trying to be helpful, was promoting another author who would be grateful for the extra promotion, and he hadn't profited from posting it so it wasn't infringement.

My argument: if you haven't received permission from the author and you've posted their article, especially in its entirety, it's copyright infringement. And as writers, we should be very careful not to cross that line.

Is it copyright infringement if you reproduce an article without the author's permission? Yes.

Even if you don't make any money off it? Yes.

Even if you're trying to help that author? Yes.

There were two solutions to this issue that the writer could have explored. He could've emailed the author for permission; most authors will say yes but may have guidelines/rules. Or he could've posted the link to wherever the article was posted legally.

Over the years, I've found a handful of my articles printed online without my permission. One misspelled my name. One didn't include my name. One altered my text. One added their own advertisement links where I had linked to sites like Facebook. One didn't include a link to my website. I can assure you, I didn't feel honored and I doubt I made any sales from them. In fact, I usually asked them to either attribute me correctly, or in the case of one person who thought it was their God given right to print whatever they wanted, I asked them to remove my article. But if someone asks me first if they can reproduce one of my articles (without any changes) and adds my name (correctly spelled) and a live link to my site, I am happy. And honored.

I know I'm not the only one who has experienced this. I once reproduced a post from a newsletter. The owner of the newsletter stated they had permission to use it and so did the subscribers. After I posted it, the author contacted me and asked me why I'd infringed on her copyright. I explained I thought she'd given permission, as was mentioned in the newsletter. She didn't even know her material had been used in that newsletter. She was pissssed!

I don't blame her, and I felt pretty awful about it. I offered to immediately remove my post, but she graciously allowed me to use it. I'd already attributed her and had included a link to her site (which was how she found out I'd printed her post).

Have you ever found your material illegally reproduced online? If you did, how did you respond? If you haven't, how would you feel about it--especially as I've mentioned--without your name or incorrectly spelled, no links to your site, edited text etc?

I think this is something every writer should be wary of. And anyone who feels that by using someone else's material, they're honoring them or helping them. You're not. Get permission. Or use links; they work. :-)

For some interesting insights into copyright, please check out the following:

• 10 Big Myths about copyright explained
• Basic Copyright Concepts For Writers
• Canadian Intelligent Property Office - Copyrights
• Canadian Authors Association - Copyright

Laws vary slightly by country, but simply put: get permission to reproduce anything you did not write.

My fellow writers and I will appreciate your respect.

Cheryl Kaye Tardif,
Bestselling author & book marketing coach
http://www.cherylktardif.com/
http://www.shamelessbookpromoter.com/

P.S. In case you're wondering, this blog post is copyrighted. If you'd like to repost it on your site, blog or to a writers' group, please email me via http://www.cherylktardif.com/. Or feel free to add just the title and link to the article here. Thank you. :-)