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Old 10-12-2011, 08:53 PM   #136
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It also helps keep old out of print books in circulation, when most publishers have decided to cease printing for whatever reason. Some of my and my mother's favorite sci-fi authors are only available in used book stores.

In the case of college students, the used book business flourished because the textbook industry has a captive audience and is gouging with abandon. How else can you explain a company releasing a new edition every year or so with no meaningful difference in content? Or why so many texts are in full color with meaningless sidebars when they could just as well be comb-bound black-and-white typewritten texts with a minimum of illustrations? Or some recent scandals involving kickback schemes where textbook companies pay professors to require their students to use a specific edition of a specific textbook?

It doesn't imply slave labor or indentured servitude. Neither does abuse of the law. All I was stating and implying is that publishers can and do abuse "work for hire" contracts to the detriment of authors. You're taking my statement and then going off the deep end with it.

There you go with that "Rights Holder" business again. Is there some overwhelming reason you can't call yourself an "author" or "writer" ?

As for "work for hire," I think we've already established that it depends on what your contract says. Even if you wrote it ten years in advance, its still a work for hire if you sign that contract. And in the days before the internet and indie ebook publishers, you had to sign that contract if you wanted out of the slushpile and into the fold of published authors.

If all the deals you're being offered are more or less the same, you'd better be ready to wait an awful long time. And then there's also publish or perish in some environments.

How does this connect with finding a better deal? It looks to me like you decided to play hardball with one publisher.
Ah, the real writer is peeking forth. The pot is boiling. The words piling up.
One thing I forgot about was "the unsolicited work" comment. Of course you can get an agent and that slides you around that clause, but even then you have to get a start, so that it becomes easier. To get that start, you might have to sacrifice some work. You might have to "chum" the waters to attract some of the big feeders.
Depending on your level of work, and your quantity of output, that can be easy or hard. If you are going to work for 20 years on the definitive something, then you don't want to sacrifice that, though the pressure to publish may build up to be something horrendous. If though you can make a living and put out a couple of books and/or stories a year that you think are publishable, you can dangle them out there, have them snapped up by a publisher looking to make a quick buck off a beginner, and then you have added to your resume, your portfolio.
Likewise invest time in the "times." Get yourself a website. Maybe even two, one public, and one for clients and potential buyers. Facebook can be the public one. Linkedin can be public and private, and there are a number of places that can help you build up your own website for free.

I am an engineer and a computer guy, so I bought a old edition of Serif publisher for $20 at the time (a special) just to try my hand, and built my own web site over on 1and1. They have some beginning rates and free tools over there, though I have moved up to a more commercial grade so that I can lock the directories and provide my "own cloud." I got started on web siting and building web pages at Yahoo years ago, all for free. They provided beginning tools for free. I think Google and Microsoft do also. Put up samples of your work. Samples of you, your thoughts that will let people know that you are both serious, have humor and are interesting. The samples don't have to be from a book you are doing, if they are presented to the public, but they can be pieces that are written especially as a presentation, as a view port to your talent, your interests.
Don't spend all your time writing which can be easy to do, for that is what you want to do. In the beginning spend as much time merchandising or learning to merchandise as you do writing.

As for "Rights Holder," I think that term has a bad connotation in your mind, and I understand that. Start to think of yourself as a author and also as a rights holder. They can go together!
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Old 10-12-2011, 08:59 PM   #137
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It stops piracy by the general public
Otherwise known as casual sharing, the real target of DRM, but measuring the impact of that is rather difficult. DRM is not meant to stop organized mass distribution. That's what lawyers are for. Of course, they aren't effective either.
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Old 10-12-2011, 09:07 PM   #138
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That would be equivalent to loaning my entire library of a few hundred paper books when all I want to do is loan a single book.
Catlady, now I must deliver a message from the Publishers.

"Sorry lady, those are the rules of the house, so pick up your cards and play, or cash in your chips and go."
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Old 10-12-2011, 09:10 PM   #139
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And your argument is a complete misstatement. Who's talking about legalizing piracy? Do you mean to imply that removing DRM = piracy? That's nonsense. As has been stated over and over, there are perfectly legitimate reasons for removing DRM that have nothing to do with piracy.
Catlady, that word "legitimate" that you just used can mean different things in the eyes of the beholder.
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Old 10-12-2011, 09:11 PM   #140
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Catlady, now I must deliver a message from the Publishers.

"Sorry lady, those are the rules of the house, so pick up your cards and play, or cash in your chips and go."
No, you are wrong. There are no rules. The publishers are not in charge, that's what they want, that's what they believe, that's the way it has been but it's no longer true and the sooner they realize that they actually need customers then things will get better. If they don't realize it they will be replaced.
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Old 10-12-2011, 09:12 PM   #141
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Making a back-up of a movie, copying CDs to tapes so they can play in the car, or reading an ebook in an independent app on their phone are all things that fit the legal definition of piracy, but that Joe Average User might well expect to be able to do with the content he spent money on.
I was of the understnading that that would be considered "fair use". The content has been paid for, how the end user uses that content is up to the end user. If it is soley for personal use and not provided to another party then the use is legitimate. Government legislation is beginning to recognise that.

I would not be alone, both here on Mobileread or anywhere else by stating that being restricted by geo restrictions, I purchase my ebooks where I can, strip any DRM infestation and then convert to my preferred ebook format. By spraying the purchased ebook with "Alf in a can", it is a very quick and painless process.

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And if Joe gets angry enough that he can't do what he fully and completely expected to be able to do (he's among the 90% of users who didn't know of or notice the DRM until now) he will either learn how to strip DRM or get himself a pirate copy of the content, and he may well decide to boycott the legitimate store he bought his music/movie/book from. Publishers today think that's a risk worth taking though.
Very true and one of the main causes of casual piracy. Publishers (music and entertainment industry as well) might do well to get of their tall pedestals and realise that making "woe is me" noises about this changes nothing and those excuses have worn so thin, that they are transparent and flapping in the wind. The status quo thus continues and nothing is done. Easier for them to change law or fling law suits to justify their anachronistic business practices.

To be honest I believe it suits publishers (music and entertainment industry as well) to do just that. Sort of like putting a finger in each ear closing your eyes and chanting "lalalalalala".
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Old 10-12-2011, 09:16 PM   #142
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I was of the understnading that that would be considered "fair use". .....
Yes, it is, but there is separate legislation "DCMA" in particular that covers the removal of DRM and in effect makes that action a crime in itself.

The two laws are in conflict as you can see.
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Old 10-12-2011, 09:21 PM   #143
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And if Joe gets angry enough that he can't do what he fully and completely expected to be able to do (he's among the 90% of users who didn't know of or notice the DRM until now) he will either learn how to strip DRM or get himself a pirate copy of the content, and he may well decide to boycott the legitimate store he bought his music/movie/book from. Publishers today think that's a risk worth taking though.
SF, there is always the risk to the keepers that the inmates will rise up and take control, that the Vandals will storm the gates and climb over the walls.

You are also right that the publishers have manned the walls and stand with their pikes and boiling cauldrons ready.

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Old 10-12-2011, 09:25 PM   #144
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Otherwise known as casual sharing, the real target of DRM, but measuring the impact of that is rather difficult. DRM is not meant to stop organized mass distribution. That's what lawyers are for. Of course, they aren't effective either.
I've already said that it is an imperfect solution in an imperfect world.
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Old 10-12-2011, 09:29 PM   #145
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Yes, it is, but there is separate legislation "DCMA" in particular that covers the removal of DRM and in effect makes that action a crime in itself.

The two laws are in conflict as you can see.
Kenny thanks for that. Australia's laws are different to my knowledge, but not so different to not present similar issues.

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Old 10-12-2011, 09:29 PM   #146
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I was of the understnading that that would be considered "fair use". The content has been paid for, how the end user uses that content is up to the end user. If it is soley for personal use and not provided to another party then the use is legitimate. Government legislation is beginning to recognise that.
True, in many cases what I described is technically legal. It is, however, very often in violation of the license terms you agreed to when you sent in your payment. Also, laws are different in different countries, with the US being by far the worst (to my knowledge anyway).
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Old 10-12-2011, 09:30 PM   #147
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No, you are wrong. There are no rules. The publishers are not in charge, that's what they want, that's what they believe, that's the way it has been but it's no longer true and the sooner they realize that they actually need customers then things will get better. If they don't realize it they will be replaced.
kennyc, the problem has always been that the replacement clones will be no better.

Realize and it will go easier on you that people are not the solution. They are the problem and what we have here is a problem of communication, and so off to the "re-education farm" for you.
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Old 10-12-2011, 09:35 PM   #148
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Kenny thanks for that. Australia's laws are different to my knowledge.
Here's some info: http://www.portable-mp3-players.net/drm-removal.html

and here on MR as well:

https://wiki.mobileread.com/wiki/DRM

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Old 10-12-2011, 09:57 PM   #149
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Ta, I just read similar

There is also some talk regarding the free trade treaty and moving to bring laws here into a similar position.
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Old 10-12-2011, 10:39 PM   #150
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kennyc, the problem has always been that the replacement clones will be no better.

Realize and it will go easier on you that people are not the solution. They are the problem and what we have here is a problem of communication, and so off to the "re-education farm" for you.
I am not convinced that is the case at all. While publishers (and similar) continue to stand by their 19th-20th century distribution and business model the problems will remain and nothing changes. This is what they want to continue. It is simply too hard for them to make the required changes to bring them into line with progressive companies like Baen.

Baen is probably the most used example of "getting it right", because they simply are.

DRM, agency pricing collusion, lawyers, canvased politicians and falsified statistics spruiking their line of reasoning are their bulwark against change.
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