Attn Quincy, Mass Shyster, Tax, and anyone else who cares to chime in

[cbg]

As you all know, when I'm not being a Benefits maven or answering questions on internet forums, I write books. Yesterday, a friend who is a full time author brought to my attention that one of my books had been pirated. She showed me where to find the DMCA notice and my book has been taken down from that site. However, in following her instructions on how to check for pirating, I discovered my book on an Italian site and a South African one. Normally I would talk to the book producer that I pay to administer my self-publications but she was widowed only a week ago and I don't want to bother her right now. Anyone have any thoughts on how to deal with international pirating?

 

[quincy]

It is not easy to stop the pirating of copyrighted material when the infringement occurs in other countries. Other countries do not have DMCA takedown notices like we have in the U.S.

In the U.S., your work must be federally registered to file a copyright infringement suit against an infringer. You would need to see what each of the foreign country's copyright laws require - and then send a takedown request to the web host citing infringement and/or send a cease and desist letter with demands directly to the infringer and/or file suit against the infringer(s) in those countries where your work appears without authorization.

Here is a link to the World Intellectual Property Organization where you can find the copyright laws of other countries:
https://www.wipo.int/portal/en/index.html
Many copyright holders find the costs of pursuing a foreign legal action outweighs the benefits.

 

[cbg]

Many copyright holders find the costs of pursuing a foreign legal action outweighs the benefits.

I have to admit, that had crossed my mind. But thanks for the link; I'll see what I can find.

 

[quincy]

Many copyright holders find the costs of pursuing a foreign legal action outweighs the benefits.

I have to admit, that had crossed my mind. But thanks for the link; I'll see what I can find.

I am sorry your book was targeted.
Unfortunately, copyright infringement is not uncommon.

Unless the profits realized by the infringers are substantial, or the losses suffered by the copyright holder are significant, a copyright holder often must accept that someone else is profiting off their work.

I hope the sites that are hosting the infringed copies will voluntarily remove your book from their sites upon your request.

 

[cbg]

Somebody may as well profit from them - I'm sure not making any money off them. But then, I'm lousy at marketing. A topic for another thread.

 

[quincy]

Somebody may as well profit from them - I'm sure not making any money off them. But then, I'm lousy at marketing. A topic for another thread.

Authors (and book illustrators) tend to be poorly paid for their creative efforts. Only a few manage to eke out a living at writing (or drawing) and fewer still will reach the income levels of a Stephen King.

The money often comes with the sale of movie rights.

 

[Mass_Shyster]

My malpractice insurance specifically excludes copyright law. Therefore I’ve avoided the area.

 

[cbg]

You probably don't remember this, Shyster, but you were the one who first taught me about DMCA notices about ten years ago.

 

[quincy]

My malpractice insurance specifically excludes copyright law. Therefore I’ve avoided the area.

And, I imagine, you have also avoided copyright infringement - making the insurance unnecessary.

 

[Taxing Matters]

Authors (and book illustrators) tend to be poorly paid for their creative efforts. Only a few manage to eek out a living at writing (or drawing) and fewer still will reach the income levels of a Stephen King.

I think that perception does not quite match reality. They are not all starving artists and writers. While there are tons of people who write books and produce art as a hobby and hope to break through with a big hit and never do, there are a number of professional authors, artists, and illustrators out there who do make their living from it. It it true that generally they are paid huge amounts for it, but they do make enough to live on. One of my sisters and her husband are both sequential artists (think comic book art) and make their living doing that. They aren't getting rich off it (at least not yet) but they do make a living at it, and they have a lot of friends who also make their living at it, too. It's not easy, but its doable. I know a few other authors and artists who make a living at it, too. (One who has done very well making animal statues.) The thing is that there are far more people who want to make a living off creative arts than there is a market to support it. That's what feeds the perception that practically all artists are starving or struggling. So there are a lot of people whose dreams never quite pan out. I was one of those. I tried briefly to be a professional landscape photographer. Not nearly as talented as the famed Ansel Adams and way too much stock landscape photos already out there to compete against. So I went a different direction and became a lawyer instead. Pays a whole lot better, but not quite as fun as being a pro photographer would be. But there are more people who do make a living at this stuff than I think a lot of people realize.

 

[quincy]

I suppose it depends on how one defines "living."

I am an author and an illustrator of children's books, and for years I was employed as both a journalist and an editor for a national news organization. I continue (on a vastly more limited scale) with all of these pursuits today.

The typical author who works with a traditional book publisher, while perhaps receiving an advance on royalties prior to publication, makes only a small percentage of the money earned in sales. A large quantity of books need to be sold - or the rights to develop the books need to be negotiated - for an author/illustrator to live "comfortably" off the money generated.

That said, I know many artists who manage to survive rather well creating and selling their artwork. But none are living like Stephen King or those of his ilk.

 

[Mass_Shyster]

You probably don't remember this, Shyster, but you were the one who first taught me about DMCA notices about ten years ago.

That was after my first semester of law school, when I knew everything

 

[quincy]

That was after my first semester of law school, when I knew everything

I thought knowing everything was the province of teenagers.

 

[PayrollHRGuy]

I thought knowing everything was the province of teenagers.

And L1s

 

[quincy]

And L1s

... as testified to by Mass_Shyster.

I think more first year law students might fear they know nothing (especially at exam time) than believe they know everything, though.