Book publishers with surging profits struggle to prove Internet Archive hurt sales; Ars Technica, March 20, 2023

ASHLEY BELANGER , Ars Technica; Book publishers with surging profits struggle to prove Internet Archive hurt sales

"Today, the Internet Archive (IA) defended its practice of digitizing books and lending those e-books for free to users of its Open Library. In 2020, four of the wealthiest book publishers sued IA, alleging this kind of digital lending was actually “willful digital piracy” causing them “massive harm.”"

Textbooks are pricey. So students are getting creative.; The Washington Post, January 17, 2020

Lauren Lumpkin , The Washington Post; Textbooks are pricey. So students are getting creative.

"The exact toll taken by college textbook costs is in dispute. Data from the U.S. Bureau of Labor Statistics shows that even as tuition has risen, no cost of college life has increased faster than textbooks. The bureau found that book prices rose 88 percent between 2006 and 2016, and the College Board — which administers the SAT exam — reported that students budget more than $1,200 each year for textbooks and other class supplies, including technology. 

 

Student Monitor, a New Jersey research firm, has published a much lower estimate for student textbook costs — about $500 annually — and said student spending has been on the decline...

 

George Mason and hundreds of campuses throughout the country — including American University and the University of Maryland — are slowly adopting open educational resources, materials that are written by academics for the public domain and available at no cost to students and professors."

Free Webcast by Association of Research Libraries (ARL) on Georgia State University e-Reserves Case: Thursday, May 24, 2012 2 PM EDT

"Register Now for ARL Webcast on GSU Decision:

Washington DC—The Association of Research Libraries (ARL) is holding a webcast on Thursday, May 24, from 2:00–3:00 p.m. ET, on the substance and implications of the recent decision in the lawsuit over Georgia State University's (GSU) e-reserves program. Brandon Butler, ARL Director of Public Policy Initiatives, and Jonathan Band (policybandwidth) will recap the basic facts of the case and the key holdings in the decision, discuss the possible next steps in the litigation, and suggest some of the possible consequences for libraries making their own decisions about how best to implement a fair use policy in the context of course reserves.

To register for this free webcast, please visit http://www.visualwebcaster.com/event.asp?id=87299

To read ARL's Issue Brief on the GSU decision, visit http://www.arl.org/bm~doc/gsu_issuebrief_15may12.pdf."

Publishers and Georgia State See Broad Implications in Copyright Ruling; Chronicle of Higher Education, 5/14/12

Jennifer Howard, Chronicle of Higher Education; Publishers and Georgia State See Broad Implications in Copyright Ruling: "The publisher plaintiffs in the closely watched lawsuit over Georgia State University's use of copyrighted material in electronic reserves say they are "disappointed" with much of the ruling handed down by a federal judge on Friday. But they made the best of it in statements issued Monday, playing up points on which the judge had agreed with them. And one plaintiff, Oxford University Press, said that the decision "marks a significant first step toward addressing the need for clarity around issues of copyright in the context of higher education.""

Publishers vs. Libraries: An E-Book Tug of War; New York Times, 12/24/11

Randall Stross, New York Times; Publishers vs. Libraries: An E-Book Tug of War:

"Worried that people will click to borrow an e-book from a library rather than click to buy it, almost all major publishers in the United States now block libraries’ access to the e-book form of either all of their titles or their most recently published ones."

Trial Date Set for High-Stakes Copyright Case Involving Georgia State U.; Chronicle of Higher Education, 3/31/11

Josh Fischman, Chronicle of Higher Education; Trial Date Set for High-Stakes Copyright Case Involving Georgia State U.:

"...Georgia case, Cambridge University Press et al. v. Patton et al., may have a profound effect on how much previously published material professors can safely use."

Wylie's Amazon deal brings the end of the publishing world nigh; (London) Guardian, 7/23/10

Richard Lea, (London) Guardian; Wylie's Amazon deal brings the end of the publishing world nigh: News that power-broking agent Andrew Wylie has bypassed conventional publishers to sell his clients' ebooks direct to Amazon has created panic. Is it curtains for conventional publishing?:

"Publishers came face to face with their own vision of apocalypse yesterday, as Andrew Wylie announced that he and his authors would be cutting publishing houses out of the future and teaming up with Amazon to sell their own electronic editions.

Grinning down from the saddle beside him in the first wave of horsemen is a fearsome collection of riders, including Philip Roth, Salman Rushdie, Martin Amis and John Updike. "As the market for ebooks grows, it will be important for readers to have access in ebook format to the best contemporary literature the world has to offer," the agent popularly known as "the Jackal" said, cackling diabolically (I imagine). "This publishing programme is designed to address that need, and to help ebook readers build a digital library of classic contemporary literature."

Odyssey Editions may be launching with just 20 titles, but publishers are hitting back as if their eternal souls depended on it, and you can see why. Slice off the biggest names, the most valuable backlist items from any publisher's list and the business model is up in flames.

This may be nothing but an Armageddon-style negotiating ploy, as Wylie delivers on a warning he gave publishers late last year when Random House claimed existing contracts already gave them control over authors' electronic rights. But if Wylie and his lawyers can make this a success – and you only need to glance at his client list to imagine how – then others are sure to follow. Random House, which publishes Roth, Rushdie and Amis in the UK, has written to Amazon already "disputing their rights to legally sell these titles". It declared Wylie a "direct competitor" and ruled out "entering into any new English-language business agreements with the Wylie Agency until this situation is resolved".

It's the latest battle in a multi-dimensional war over the future of literature as authors, agents and publishers face a horde of technology companies, retailers and libraries, not to mention the pirates, with constantly shifting alliances. As electronic reading devices – the Kindles, the Readers, the iPads, your phone – finally begin to take off, all the old certainties are in flux. Do authors need publishers to take on the might of the retailers, or are publishers part of the problem? Should writers keep their copyrights safely under lock and key, or will that rob them of the chance to take wing?

Once upon a time publishers were the only ones who could find authors, edit manuscripts, print books and distribute them, but new technology from desktop computers to the internet has thrown the doors wide open. As marketing departments have gained the ascendancy over editorial, agents have moved centre stage, filtering submissions and polishing manuscripts. With the messy business of ink and trees and Transit vans receding, Wylie's latest move is simply the logical next step. None of this will worry those publishers who have made a business out of finding the voices others haven't spotted, but in the week when Amazon claimed that ebook sales passed those of hardbacks the questions are unavoidable: who needs big publishers? Are the interests of writers and readers best served by big publishers, or the Jackal?"

http://www.guardian.co.uk/books/booksblog/2010/jul/23/authors-amazon-deal-publishing

Publishers Win a Bout in E-Book Price Fight; New York Times, 2/8/10

Motoko Rich, New York Times; Publishers Win a Bout in E-Book Price Fight:

"Google’s e-book retail program would be separate from the company’s class-action settlement with authors and publishers over its book-scanning project, under which Google has scanned more than seven million volumes — mostly out of print — from several university libraries. That settlement was recently imperiled by a filing from the Department of Justice that said it still had significant legal problems with the agreement, even after a round of revisions. The settlement is subject to court approval.

Google users can already search up to about 20 percent of the content of many new books that publishers have agreed to enroll in a search program. According to publishers, Google originally said it would automatically enroll any book sold through Google Editions in the search program. An executive from at least one of the six largest publishers said the company did not agree with those terms. Mr. Clancy said that Google would not require books sold through Google Editions to be part of the search program.

Last May Tom Turvey, director of strategic partnerships at Google, told publishers at the annual BookExpo convention in New York that Google’s program for selling new e-book editions would allow consumers to read books on any device with Internet access, including mobile phones, rather than being limited to dedicated reading devices like the Amazon Kindle.

Google, without its own e-reader, wants to be a Switzerland of sorts, competing with Barnes & Noble and other e-book sellers to become the preferred digital bookstore on devices other than the iPad or the Kindle, such as Android smart phones.

In general, publishers are eager for Google to enter the e-book market because they want more competition. “We would love to have a diverse marketplace for e-books,” said Maja Thomas, senior vice president for the digital division of Hachette Book Group, which publishes blockbuster authors like James Patterson and Stephenie Meyer. Since Google would contribute to such diversity, Ms. Thomas said, “we welcome them.”"

http://www.nytimes.com/2010/02/09/books/09google.html?scp=1&sq=e-books&st=cse

Publishers Getting The Wrong Message Over eBook Piracy; Tech Dirt, 11/24/09

Mike Masnick, Tech Dirt; Publishers Getting The Wrong Message Over eBook Piracy:

"Well, you just knew this was going to happen eventually. Suddenly publishers are starting to freak out over "ebook piracy," claiming (totally inaccurately) that they've lost $600 million to it. Of course, as some are noting the real problem isn't "piracy" but the industry's response to it".

http://www.techdirt.com/articles/20091124/0256097067.shtml

Vivendi head calls for 'three-strikes' rule to tackle UK filesharers; Guardian, 10/27/09

Mark Sweney, Guardian; Vivendi head calls for 'three-strikes' rule to tackle UK filesharers:

Jean-Bernard Levy tells the C&binet [sic] Forum that UK should follow France's lead by cutting off internet access for persistent illegal downloaders

"Jean-Bernard Levy, the chief executive of Vivendi, the French owner of the world's largest record company, Universal Music, said the UK government needs to bring in a "three-strikes" policy that would ultimately cut off persistent illegal filesharers.

Levy, speaking at the UK government's Creativity & Business International Network conference (C&binet) today on the issues facing the creative industries as they move to digital production and distribution, said that while it was too soon to gauge the results of the introduction of the "three-strikes" policy in France, it was a necessary step to protect content owners.

"Britain should be more in favour of developing the media industries and even if France is ahead in legislation it should be obvious [that the UK should] be doing something like three strikes," he added.

Levy said Vivendi, despite owning one of France's largest internet service providers (ISPs), telecoms operator SFR, was convinced the tough legislative strategy would not harm internet use. He added that he expected no real reduction in legal web traffic.

"ISPs should be in favour of legislation," he argued, because a lot of the massive investment to increase broadband capacity was going into supplying bandwidth used by illegal net users...

Gail Rebuck, the chief executive of publisher Random House, told the C&binet conference today that the fact that more than 70 illegal filesharing websites were online within 24 hours of the launch of bestselling author Dan Brown's new novel, The Lost Symbol, showed the urgency with which the government must crack down on digital piracy. This number has since jumped to more than 170 unauthorised websites capitalising on the novel, she added.

Rebuck said measures with strong legal backing needed to be introduced to curb digital copyright abuse. She said: "From where I sit, protecting our copyright is the single most important thing we can debate here. We must protect our authors' work."

"I'm very much for the carrot and stick approach," she added, referring to the need for a combination of promoting the benefits of legal content downloading alongside measures such as letters warning persistent filesharers they are breaking the law.

"As a content owner, I am all for the ultimate sanction," she said, indicating support for measures such as cutting off the worst infringers. "Surely the response is not to say goodbye to copyright.""

http://www.guardian.co.uk/media/2009/oct/27/vivendi-file-sharing-levy

Do Libraries Need Permission To Lend Out Ebooks?; Techdirt, 10/16/09

Mike Masnick, Techdirt; Do Libraries Need Permission To Lend Out Ebooks?:

"Some publishers are refusing to allow libraries to lend out their ebooks...which makes me wonder why the publishers have any say in the matter. Thanks to the right of first sale, a library should be able to lend out an ebook if it's legally purchased it without having to get the publisher's permission."

http://www.techdirt.com/articles/20091015/1511426550.shtml

Libraries and Readers Wade Into Digital Lending; New York Times, 10/15/09

Motoko Rich, New York Times; Libraries and Readers Wade Into Digital Lending:

"Pam Sandlian Smith, library director of the Rangeview Library District, which serves a suburban community north of Denver, said that instead of purchasing a set number of digital copies of a book, she would prefer to buy one copy and pay a nominal licensing fee each time a patron downloaded it.

Publishers, inevitably, are nervous about allowing too much of their intellectual property to be offered free. Brian Murray, the chief executive of HarperCollins Publishers Worldwide, said Ms. Smith’s proposal was “not a sustainable model for publishers or authors.”

Some librarians object to the current pricing model because they often pay more for e-books than do consumers who buy them on Amazon or in Sony’s online store. Publishers generally charge the same price for e-books as they do for print editions, but online retailers subsidize the sale price of best sellers by marking them down to $9.99."

http://www.nytimes.com/2009/10/15/books/15libraries.html?_r=1&scp=1&sq=libraries%20rich&st=cse

Textbook Publisher to Rent to College Students; New York Times, 8/14/09

Tamar Lewin via New York Times; Textbook Publisher to Rent to College Students:

"In the rapidly evolving college textbook market, one of the nation’s largest textbook publishers, Cengage Learning, announced Thursday that it would start renting books to students this year, at 40 percent to 70 percent of the sale price.

Students who choose Cengage’s rental option will get immediate access to the first chapter of the book electronically, in e-book format, and will have a choice of shipping options for the printed book. When the rental term — 60, 90 or 130 days — is over, students can either return the textbook or buy it...

Besides giving students a new option, rentals give both publishers and textbook authors a way to continue earning money from their books after the first sale, something they do not get from the sale of used textbooks.

“Our authors will get royalties on second and third rentals, just as they would on a first sale,” said Ronald G. Dunn, president and chief executive of Cengage, formerly Thomson Learning. “There’s a tremendous amount of activity around rentals now, but we’re the first higher-education publisher to move in this direction.”"

http://www.nytimes.com/2009/08/14/education/14textbook.html?_r=1&hp

That pesky checklist; Scholarly Communications @ Duke Blog, 7/19/09

Kevin Smith via Scholarly Communications @ Duke Blog; That pesky checklist:

"The recent flurry of activity in the copyright infringement lawsuit brought by publishers against Georgia State University has focused attention – mine, at least – on the “Fair Use Checklist” that has been adopted for use in quite a number of college and university copyright policies."

http://library.duke.edu/blogs/scholcomm/2009/07/19/that-pesky-checklist/

Steal This Book (for $9.99); The New York Times, 5/17/09

Motoko Rich via The New York Times; Steal This Book (for $9.99):

"Publishers are caught between authors who want to be paid high advances and consumers who believe they should pay less for a digital edition, largely because the publishers save on printing and shipping costs. But publishers argue that those costs, which generally run about 12.5 percent of the average hardcover retail list price, do not entirely disappear with e-books. What’s more, the costs of writing, editing and marketing remain the same...

The doomsday scenario for publishing is that the e-book versions cannibalize higher-price print sales...

Another possibility is that the cheaper prices for e-books entice consumers to buy more titles...

There is some precedent for that theory. When the smaller-format mass-market paperbacks that now populate airport bookstores and grocery checkout racks were introduced, publishers expressed fears that the lower-priced books might destroy the market for hardcovers. They didn’t. Instead, they expanded demand for books beyond elite readers."

http://www.nytimes.com/2009/05/17/weekinreview/17rich.html?scp=3&sq=e-books%20motoko%20rich&st=cse

Nigeria: Can NCC's New Copyright Enforcement Tactics Tame Piracy?, allAfrica.com, 3/18/09

Via allAfrica.com: Nigeria: Can NCC's New Copyright Enforcement Tactics Tame Piracy?:

"FOR the past twenty years, the Nigerian Copyright Commission, NCC, has been on the crusade of ridding the economy of the scourge of piracy.

The cankerworm which piracy turned out to be in the fabrics of the economies of musical, film producers and book publishers among other intellectual property owners is on daily basis producing serious headache.""

http://allafrica.com/stories/200903180202.html

Markets Declare Truce in Copyright Wars, Google concedes that information isn't free, Wall Street Journal, 11/17/08

Wall Street Journal: Markets Declare Truce in Copyright Wars, Google concedes that information isn't free:

"This shift by Google led Peter Osnos, founder of PublicAffairs books, to wonder if the book settlement could have lessons for other owners of content. "Google has now conceded, with a very large payment, that information is not free," Mr. Osnos wrote for the Century Foundation. "This leads to an obvious, critical question: Why aren't newspapers and news magazines demanding payment for use of their stories on Google and other search engines? Why are they not getting a significant slice of the advertising revenues generated by use of their stories via Google?"

Alas for the troubled news media industry, so much of its news is commoditized that people won't pay for it online. But as digital media mature, we'll see more redefinitions of legal concepts such as fair use. There will also be revisions of business practices regarding who gets paid what by whom. The Google settlement is a reminder that owners of intellectual property can choose to lock it away, give it away, or, most sensibly, share it in exchange for reasonable compensation.

http://online.wsj.com/article/SB122688619008032339.html