Tag Archives: rights

The Legacy of Publishing’s Ownership of Work

There are a couple of things here that you may think are unrelated but I’ll try to bridge the gap and make a coherent argument in support of my thesis. I contend that the history and very institution of publishing has lent itself to a culture of a lack of ownership by authors and artists, resulting in today’s hysterical clamoring on privacy issues.

You all have a better sense of the publishing industry since Gutenberg than I do, so there’s no need to retread. So just think about how difficult it is to turn that Titanic of a beast around in just a few short years. I’m no industry apologist–I think that’s been made clear–and I’m not saying that we should give it some time. I’m asking that we reconsider how we are framing the debate around the breakdown of the traditional publishing industry; the rise of the independent author; the risks and opportunities of technology to serve readers, established authors, and independent writers; and the implications of copyright, privacy, and ownership on all of the above. Here are some of the areas through which we have to change our perspective in order to offer thriving solutions:

Agents. While agents have no doubt played a pivotal role in mediating the publishing industry’s desire for total control of a text and an author’s rightful assertion of ownership, they have also perpetuated that very dispute. How? They haven’t fought on behalf of writers for their fundamental rights, because that is not their role, traditionally. Sure, a good agent has fought for more money, bigger marketing budget, a favorable contract that matches the author’s strengths. However, agents have supported the passive-aggressive nature of the publishing industry in recent decades by fighting within the publishing companies’ own rules.

See, what I mean by that is this issue of framing our own perception of things. We have to work outside what we know as the traditional boundaries. Isn’t that what successful technology innovators do? Next:

Ownership, Privacy and Copyright. I never thought I would get hung upon this, but every day we are seeing some outrageous assertions of ownership, and not by the authors. Where the hell are our writer-brethren taking to the proverbial streets and proclaiming their ownership of their works? Because we are seeing press releases and contract clauses and Terms of Services stating proudly that the content deliverer retains at least some aspect of the rights to the work in perpetuity, or some godforsaken thing. Come on, y’all, that’s just ridiculous.

What I’m trying to get at here is that writers have been utterly de-fanged over the years of publishing industry beatdowns, reinforced by agents. We need more Stephen King and less, well, of everybody else. (Which is to say, we need more writers who tell the industry paper-pushers to fuck off. See Hunter S. Thompson’s comment to this effect.)

It’s not rocket science. It just means operating outside the “Terms of Service” and when enough of us do so, and if we create a strong enough demand in the marketplace for our work, miraculously those terms of service will derive from our side of the dispute, not the publishers’.

Now I’m not talking about bunnies and unicorns: this is going require a tremendous amount of discipline. Which brings me to my next point:

Desperation. This is the reason why the industry as we know it has perpetuated. Writers in general are desperate for exposure and that potential big gain from a publishing contract. So what do they do? Give it all up. That’s right, they give up their e-book rights and derivative marketing rights to a marketing department full of 22 year old interns with no budget who foil that author’s attempt at success because they don’t know what the fuck they’re doing. But the writer is ok with this, because they know that the risk they’ve put on the table is worth the possible reward. Wait, not it’s not. The rewards of signing with a major publishing company suck, and the chances of a $1 million book contract are nil, so why not publish yourself and instead play the lottery each week for a better chance to win? BECAUSE WRITERS ARE SO FUCKING DESPERATE THEY ARE BLIND.

I guess we could consider what it is that has made writers so desperate. Maybe it is in our personalities: we create something and put it out there and hope for accolades, because that piece of writing is an extension of ourselves. Maybe writers are just talented people who didn’t get enough love and so this is what they do. Except I’m not a shrink and couldn’t possibly assert any truth there. All I know is that when there is a mass population (there are a shitload of writers) who require such enormous public accolades, with a finite number of readers (and by extension a finite amount of money you can earn from selling your work which is in effect a measure of that public love), there are bound to be disappointments. Lots of disappointment.

Is it social Darwinism of writing? I don’t accept that because it assumes a framework from which to judge good or bad writing and assigning it a successful or unsuccessful stamp. But clearly our expectations must change or else we are all headed for continued disappointment.

Democratizing the world of reading and writing will help everyone, I’m sure of it. No more hardcover books, sold at ridiculous prices–there’s just no need. No bottlenecks and gatekeepers needed any longer, you are relieved of duty. The internetz can enable this democratization of the book and content marketplace, but let’s just keep aware of the vultures who prey on writers’ naiveté  or their unwillingness to blaze their own trail, instead of following the trail of peanuts right back to the monsters that ripped out their teeth.

15 Comments

Filed under commentary, essay

Gang Raped By Technology and Affiliate Marketers

This theme has been brewing with me for a while, and I’m not sure I’m equipped to broach it yet, but enough is enough and it’s time to start the dialogue. Harsh title? Hey, it’s my artistic license. Fuck you.  And if that doesn’t sit with you well, you’re probably a marketer.

I argue that the gap between marketing and technology, and the writing/artistic community is so wide now that the relationship is no longer parasitic (oh come on, it never was equal before either), but nearly irreconcilable. As we stroll further down the technology route in delivering content to readers, writers have less and less control over our work. I’m not talking strictly about copyright, I’m talking about how our work looks and how it is displayed on the variety of devices meant for reading. Ever try to upload a book to Smashwords? Fucking impossible. Ok, not impossible, but painstakingly annoying so much so that my eyeballs are still bleeding. But Smashwords must retain a standardized process because they are dealing with thousands of different formats and content types, so technologically it is the only possible way to do it. Right? RIGHT? Is that right? It’s not just Smashwords, and I don’t want Mark Coker to get mad at me again, so I’m not picking on Smashwords, which has been incredibly amazing to hundreds of writers and thousands of readers.

I’m picking on the very idea that writers are bending over and spreading our cheeks for any number of ways to have our work violated and repurposed. Knowingly so. Yes–we know the risks, we post our shit everywhere. Oh sure, some of you go to Creative Commons, blah blah blah, but have you actually read the terms of service for digital uploads at Amazon, Scribd, and other services?

Two things struck me recently:

  1. Mike Cane’s iPad Test posted two incredibly thoughtful and well-researched pieces about terms of service and writer’s rights to their work once posted on just about any number of the “free” online services to “help” writers gain visibility and “publish” their work. We all use these services. They are generally helpful.

“We,” the independent writing community (which functions without any governance, as most independent communities do) won’t revolt against this and even if we do, “They” won’t give a shit either way. Why? Because “We” are so fucking desperate for exposure and visibility we are knowingly taking the risks of our shit being stolen, in any number of ways.

“We” are kind of pathetic. The mainstream publishing system isn’t dead, yet, unfortunately, and the indies are an itty-bitty fly in the muck of it all.

One by one we can deconstruct the wasteland that is being built up around the fragile publishing industry to support independents. Because it isn’t really supporting us so much as it is exploiting the hell out of us. But who’s making money and benefiting? No one, there’s not enough volume of independent releases for a scribd or amazon or smashwords or bookbuzzer or whateverthefuck cutesy name is out there to exist parasitically off our work. We need them.

“We” writers and artists need to build the right infrastructure that supports our need for visibility while protecting our artistic license. If we leave it up to technologists and affiliate marketers, we’re going to get the gang rape we deserve.

2.  A post on metadata, by P. Bradley Robb on Publishr . What the hell would set me off about that? I’ll tell you what. There’s nothing more frustrating as a writer to read about a technologist’s analysis of the work in terms of fucking metadata. Just that word is enough to make me fall on a knife. It’s not that this discussion isn’t a timely, astute, and necessary one to have: it is, of course. But as I said, it totally underscores the Grand Canyon that is increasingly growing between those who wish to publish and help others publish, and those who just wish to write and have people read our stuff.

And there it is, a fundamental worldview in binary opposition: as technology continues to gain in our daily lives in new, inspiring, and innovative ways, writers remain mainly static. No one is at fault here. Sure I can make the argument that writers need to wise up to technology and content delivery mechanisms (huh?); or I can blast technologists and marketers for developing infrastructure for writers that just doesn’t mesh with our continuing need for artistic license.

The need to classify and Search (yes, I meant that with a capital S) is a key imperative, hence the good argument for that metadata post I so dreaded,  for writers’ future. Writers are most often lacking in this foresight. We need to get our shit together and stop letting other people codify our work. I don’t really know what I mean by that, but we need to take some of that responsibility back into our own hands instead of leaving it to the Bowkers of the world. Really now.

What’s the solution, when we both need each other?

10 Comments

Filed under commentary, essay