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October 24, 2005
A Suit that Doesn't Fit

The Warren Adler E-Sheet 43

In this issue:

   
Warren Adler Greetings From Publishing Central

We are happy to offer you another issue of the Warren Adler E-Sheet, which keeps you up to date on what is happening in the author's world.

   

An Unfound Book is an Unread Book is a Dead Book

As an author who, for the past six years, has pioneered the concept of digitalizing all of his backlist of 28 books in all existing formats and has promoted the idea of the future of electronic publishing, I am taken aback by the shortsighted and clueless effort by the Authors Guild of which I am a member, to sue Google Print for "massive copyright infringement at the expense of the rights of individual authors." (read more)

The class action suit was brought by the Authors Guild and author Herbert Mitgang, children's book author Betty Miles, and former United States Poet Laureate Daniel Hoffman.

Creating obstacles, which this lawsuit intends on the flimsy assertion that the search engine violates a copyright by allowing the copyrighted book to be found is not only counter-productive to an author's interests but a form of destructive self-censorship.

My own venture into electronic publishing was three-fold: to keep my books "alive" and rescue them from out-of-print status, continue to brand my authorial name, and to promote the viability of my copyrights which will remain in force more than 70 years beyond my lifetime. The internet offered a golden opportunity to project one's work to all of the possibilities of recognition by a limitless world-wide audience and, perhaps, create a revenue flow for my heirs and theirs.

Out-of-print status is the fate that awaits more than 80% of all books, especially in the area of fiction, of which I am a practitioner. Out-of-print means death to an author. His work is removed from publisher's warehouses and is left moldering on library shelves or in dusty attics of home libraries to be eventually destroyed or handed down to disinterested progeny. It is true that re-discovery years later may resurrect an author's financial viability, but that is a mighty rare occurrence. As history can attest, contemporary popularity is hardly a harbinger of future popularity.

Indeed, an unread book is merely a paper artifact. Essentially a book is a one-on-one communication system, an author to reader experience. Considering the time and attention required to read, it is not a casual performance whether reading for knowledge, insight or entertainment. Those of us who write and read, who revel in stories, who are questers of wisdom and discovery consider such an occupation one of the necessities of a fulfilled life.

In terms of fiction, some gurus characterize a novel, for example, as a one-time-read, consigned quickly to the dustbin or the shelf. Resurrection is unlikely unless educators in academia anoint the author with recognition as an example of literary or historical worth and assign the book to be read by students or, by some miraculous alchemy and unpredictability, a book speaks to future generations and becomes what is commonly referred to as a "classic".

For the first time in human history, this miraculous alchemy has, through cyberspace, become tangible. The internet has spawned universality and turned the old paradigm of communication on its head. With it has come the search engine. Soon, if it has not already arrived, little will remain hidden from the ardent quester.

The author, who once looked forward to almost certain oblivion, now has an opportunity to stay alive, his works to be available for all time and all generations. Of course, this doesn't mean that his work will become financially viable through the life of his copyright, but, at the very least, he has the opportunity to be discovered, read, and maybe, just maybe, generate a few bucks for himself or his progeny. For an author, not being read is as good as being dead.

At the heart of this silly lawsuit is the issue of compensation. I would be curious to know what compensation the authors who have brought this suit have earned from their out of print books. Google Print and now Yahoo, Adobe, Hewlett-Packard and others are joining the digitalization effort which, in the near future, will make all published works in every library in the world available to be found by anyone with a computer.

I will grant that libraries allow copyrighted books to be lent and read at no cost to the reader after purchasing the books from publishers who pass on royalties to the author. That is an issue that might be more diligently addressed by the Authors Guild than their effort against Google Print, which constitutes a search rather than a giveaway.

Authors should be celebrating this effort by Google Print. By setting up a device to, at the very least, find their books, sample them, and perhaps buy them through retail outlets online either as e-books, audio books, print-on-demand or traditional printed books , new or used, out-of-print, in-print or whatever is a blessing to an author.

Creating obstacles, which this lawsuit intends on the flimsy assertion that the search engine violates a copyright by allowing the copyrighted book to be found is not only counter-productive to an author's interests but a form of destructive self-censorship.

Note that I have not dealt with the publishers' suit against Google on similar grounds. A number of publishers, McGraw-Hill, Pearson, Simon & Schuster and John Wiley have taken up the cudgels.

I am raising my objections strictly from the author's point of view, not the publishers. They have another axe to grind. Authors often have a competing agenda. For example, they have little say in the process of declaring books out of print, which, in effect assures their book's extinction.

Even publishers' invention of the term "out of print" to describe this process I find pejorative. Their general comment when asked has always been "business is business" and if a book doesn't sell, they kiss the book bye-bye. Of course, many books are put on the fast track to oblivion by a publisher's neglect, meaning failure to back it with advertising, marketing and promotion.

For the publisher, the author produces "product", notwithstanding their perpetual bleat of how much they respect the artistic and creative values of their writers. Their business interests, of necessity, are their primary consideration.

We fully understand the publisher's concept of inventory control, warehousing, remaindering and all the other operations of good business practices to keep them viable as profit centers. Most of today's major publishers are answerable to higher authorities who set financial goals that must be met or managers will no longer hold their jobs. A study of turnover in the publishing industry might be a good yardstick of how well they are really doing in that regard.

The individual author, however, whatever his compensation, has not only a financial but an emotional tie to his creative work. He must fight for recognition both within the entity that publishes his work and the general public. Most authors have little to say in matters of distribution, marketing and publicity, all necessary factors in sales performance.

The publishers' suit against Google on copyright grounds raises different issues than that of the individual authors. Their battle is their own and I won't speak for them either way.

As an author, I believe the suit instigated by the Authors Guild is contrary to the interests of their members.

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Until next time, happy reading.

Warren Adler

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