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As we begin a new year, there is clearly a lot of crap left over from last year, and possible headaches for the year ahead. Many financial experts are saying we are heading for a recession. Legal experts say we may be heading for an impeachment of a sitting President. Global warming, and so much other heavy negative stuff.

No matter what your position is, the one fact remains…YOU are an Author with books to sell. While on a personal level you will address each of the above items in your own way. Even with all of the other stuff going on, the fact remains you need to plan your marketing to help sell your books so you can become a great Authorprenuer!

You DO want to be planning your marketing for the new year now. Map out every step for a new book, or for continued promotion of your current works.

With another 100,000 authors being added to the publishing world this year, you have more and more competition for readers. Therefore, it is imperative you do it right and not by the seat of your pants.

Big publishing houses and movie companies plan their marketing well in advance and that is why in most cases they succeed. You too must consider this, so you can succeed in your genre or particular release.

Part of this planning is also seeking out how to make more profit from your books. Is it cost advantage to sell your books on Amazon? Does your book get lost in the millions of other authors and books? Is it worth the temporary thrill of getting a ‘Best Seller’ listing that can fizzle in hours or days? Is it worth it that you may do decent on Amazon, but yet the world still doesn’t know about you?

Let’s face it, no matter if you love Amazon or not, they are there to make money and their ONLY concern is how to squeeze out every penny from you so that they can make billions. And that is the American Dream!

But, it is also the American Dream for everyone to have an opportunity to reach new levels in their career or style of living. To reach for every star of success and achievement that can be had. I created a bookstore to help you do exactly that.

Indie Lector is designed for YOU to make more money and to get more publicity then you may otherwise get in other stores. The choice is yours, have more money to promote your book so you can succeed or give more money to the large corporation that doesn’t care about your success.

Yes, we know Amazon has made it easy for people to buy books and we too are continually working to achieve that goal. And while everyone thinks of Amazon to buy books, by you educating them that there is a better place to buy books, then both authors & readers succeed. They still get great deals and you make more profit. A win win for each party.

You can be part of the Authors Revolution and claim your RIGHT to earn a fair living from your books or roll over and allow companies to take advantage of your work and make billions off of you and others without giving back.

For eight years we have been promoting authors and helping people learn more and more about them and we have seen success for those authors that want to succeed. We will continue to create programs, events and opportunities for your success. Will you take advantage this year of these opportunities, or simply roll over and play dead?

Now is the time, not later. Not when you have more money. Now….2019 is the year!

 

Porter Anderson on December 14, 2018

The Second Circuit Court of Appeals rules that resale of digital content as conceived by the startup ReDigi is a copyright infringement.

‘This Cockroach of a Legal Case’

Probably the most ringing phrase in this week’s news about the Capitol Records v. ReDigi case is Michael Cader’s “once again.”

In his report at Publishers Lunch, Cader is getting at the revolving-door feel of a long-running and failed effort.

He writes, “Just as a district court unequivocally and thoroughly called the (now bankrupt) startup ReDigi’s efforts to establish a scheme and marketplace for reselling ‘used’ copies of copyrighted digital files of music (and thus potentially ebooks, as well as video, games and software) copyright infringement in 2013, the Second Circuit Court of Appeals has ratified that decision in this cockroach of a legal case.”

And he’ll get no argument from the Association of American Publishers. In a statement from the AAP’s president and CEO, Maria A, Pallante, we read:

“Publishers welcome the Second Circuit’s sound ruling in Capitol Records v. ReDigi on on the three major issues addressed in the opinion.

“First, in applying the plain meaning of the Copyright Act, the court confirmed that when a defendant makes unauthorized reproductions of copyrighted works and distributes them, it is not merely reselling or retransferring used works in the manner of a used bookstore. Rather, it is engaged in copyright infringement, and therefore disqualified from asserting the limitations on the distribution right afforded by the first sale doctrine.

“Second, the court unequivocally rejected fair use, in which it highlighted that the defendant’s conduct creates nearly identical copies of protected works and is therefore aimed squarely at the copyright owners’ primary markets.

“Third, the court rejected the invitation from law professors to overtake Congress on matters of policy, noting that on the question of whether first sale should be extended to the digital realm, it is not the court but Congress they must seek to persuade.

“This case is critical in that it reinforces the underlying equities of the copyright law, in which the rights and investments of copyright owners are a valuable part of the marketplace of innovation, not to be minimized or appropriated in the name of expediency.”

In essence, per the AAP, the court’s opinion is—once again, as Cader has it—a rejection of the “first sale doctrine” as a defense of the idea of making unauthorized copies of digital files.

Plainly put: No, you cannot sell your ebooks to a second-hand vendor as you might sell your used physical textbooks to the campus bookstore.

Some of us remember numbing presentations in New York years ago of the ReDigi concept of a “used digital resale platform,” and as far back as March 2013, a Tools of Change article from Jenn Webb looked at the issue and many viewpoints on it–mentioning even then “ReDigi’s ongoing court case.”

At Publishers Weekly, Andrew Albanese this week looks back at how, “When it first launched in 2011, ReDigi touted the legality of its service. Users could upload their old iTunes tracks to ReDigi, which removed the tracks from the user’s computer, and offered them for resale. The company stressed that it never copied the files, but rather ‘migrated’ them, bit by bit, from one device to another, the end result mimicking an analog resale.”

Albanese also refers to the amicus brief filed last year by the AAP in the case, in which the association warned of “grave and immediate consequences for the publishers of literary works in print and digital formats,” something that would be “out of step with the careful calibrations employed by Congress and the courts when considering infringements” to copyright protection.

As Albanese now writes, “If digital first sale is going to become a reality, it may take an act of Congress to do it.

“In a highly anticipated decision, a three-judge panel of the Second Circuit Court of Appeals this week shot down the prospect of a resale market for digital files emerging any time soon, unanimously affirming a 2013 ruling that effectively shut down ReDigi, the upstart service created in 2011 to offer consumers a way to resell their legally purchased iTunes files.”

 

by Porter Anderson - Originally published on December 3, 2018 in Publishing Perspective

In their filing supporting the students’ lawsuit in Detroit on appeal, PEN’s attorneys write that ‘One clear effect of the lack of access to literacy education is the inability to critically analyze “fake news.”‘

‘A Tragedy for All of Us’

A “friend of the court” amicus brief was filed at the end of last month (November 26) by PEN America, urging the Sixth Circuit Court of Appeals to recognize Americans’ constitutional right of access to literacy.

PEN America filed the brief in the case of Gary B v. Snyder, in which students at Detroit Public Schools have brought suit against the state of Michigan for a failure to provide what they assert are basic educational standards necessary to ensure that these children have a functional level of literacy.

In the suit, the students describe the conditions of their education as including unsanitary and dangerous situations, an absence of appropriate textbooks or other reading material, and overcrowded classrooms. As a result, many of these students assert that they’re unable to read, write, or process written material at anything approaching grade level.

The United States District Court for the Eastern District of Michigan dismissed the students’ suit in June—as is covered by Stephen Sawchuk at Education Week. And the case now is on appeal before the federal Sixth Circuit.

In its brief, PEN’s staff writes, “Depriving these children—our children—of access to literacy is an unacceptable and immoral tragedy for them. It is also a tragedy for all of us that is and should be unconstitutional.”

The amicus brief also stresses the economic challenges involved, its text stating that people “who lack literacy are far more likely to be low wage workers or unemployed and to rely on public financial aid. Their inability to get by will be exacerbated as the economy continues to move away from low-skilled jobs.

PEN America refers to two of its original research reports—Missing from the Shelf: Book Challenges and the Lack of Diversity in Children’s Literature (covered here by Publishing Perspectives) and Faking News: Fraudulent News and the Fight for Truth—to argue for the essential role of literacy.

“Low literacy also affects health and health care literacy, creating inefficiencies in our health care system and increased dependence on Medicaid. And low literacy is highly correlated with incarceration and recidivism, including among juveniles. Recognizing that access to literacy is a fundamental constitutional right would help address each of these concerns.”

US literacy rates, the filing asserts, “have made little progress in the last few decades,” with the rate between 2012 and 2014 not showing significant improvement over where it was between 1994 and 1998.

“As an organization of writers and readers, we can proudly attest to how literacy is essential to meaningful social and political participation in our communities.”James Tager

The filing also draws a connection between literacy and the ability to recognize fake news, the PEN attorneys writing, “PEN America’s October 2017 report, Faking News: Fraudulent News and the Fight for Truth, details the alarming inability of many Americans to understand the difference between accurate reporting and fraudulent news or advertising, and the threat it poses to American democracy, which requires an informed and engaged electorate.

“False information presented as factual, with the intention to deceive, undermines our democracy and our way of life by obscuring the truth, increasing political polarization, sowing distrust, stymying public debate, hindering the development of evidence- and fact-driven public policy, increasing vulnerability to private and foreign interests, escalating panic and irrational behavior during emergency situations, creating a culture of cynicism and permitting elected officials to avoid accountability.”

In a prepared statement, James Tager, PEN’s deputy director of free expression research and policy, is quoted, saying, “The complete failure of the state of Michigan to ensure a basic standard of literacy for these students is not only an outrage, it is also unconstitutional.

“PEN America has championed the freedom to write and to read for almost 100 years, and we recognize that this freedom to read is inextricable from the right, firstly, of access to literacy.

“As an organization of writers and readers, we can proudly attest to how literacy is essential to meaningful social and political participation in our communities. With this brief, we’re urging the Sixth Circuit to do the right thing and to take this step toward recognizing the right of access to literacy.” PEN America—which has merged the former two PEN chapters in the United States—was founded in 1922 and today has more than 7,000 writers and their supporters as its membership. It’s the US chapter of the PEN International movement.

About

Texas Authors, Inc. is an organization designed to help Texas Authors learn how to better market and sell their books.

We work closely with our partners DEAR Texas, Inc., and Texas Authors Institute of History, Inc., both nonprofits that have created additional programs and events for Authors.

Texas Authors is a subsidiary of Bourgeois Media & Consulting