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About Marilynn ByerlyMarilynn Byerly's two passions are writing and teaching. She has taught writing, judged numerous national and regional writing contests, reviewed books, and written articles on writing which have appeared in trade publications, national magazines, and writing websites. Her articles have also been used as part of the course work for writing and publishing programs at major universities. She has been a publishing news junkie for over thirty-five years, and an ebook pioneer and critic for over fourteen years. |
honey bees are not native to America
This continent already had an adequate supply of bee varieties to do the job for the native plants so we do have enough varieties of bees and other insects for pollenating.
The main problem is that agribusiness will have to go organic to stop from killing these bees and have more than one massive crop so that bees will stay in an area.
As an organic gardener of over twenty years, I have a huge variety of native bees, moths, flies, and birds to pollinate my flowers, vegetables and fruit trees. I also have plenty of healthy wild honey bees.
So, despite all the scary headlines, we won't starve although we will have to import honey from places where agribusiness doesn't destroy the local ecologies./div>
Re: Re: Ideas can't be copyrighted
Just because you can take something doesn't make that taking right.
If you take all hope of recompense out of the creative arts, you end up with far fewer creators and creations, and the quality of those creations left is much poorer because you take away most of the incentive of improving.
As more than a few of my friends in the creative arts have said, "We aren't your bitches."
Like the Little Red Hen, we'll take our bread and leave you with nothing./div>
Ideas can't be copyrighted
IDEAS CAN'T BE COPYRIGHTED, INDIVIDUAL EXPRESSIONS OF IDEAS ARE COPYRIGHTED.
You can tell the story of Prometheus and fire, and you are perfectly legal. If I write a short story about the same subject, my story is copyrighted so you have no right to it./div>
Death to Robocalls
A state senator has a bill going through the NC House to add political robocalls to the "do not call" registry. Since I had four calls one Saturday morning before the alarm during the fall elections, I so hope this bill becomes law./div>
what can and can't be copyrighted
Anyone can write a story about angst-filled vampires and the girls who love them, and many have, but if you write and sell a vampire story where the vampires glitter, the main characters are Edward and Belle, and the plot and setting are very similar to the TWILIGHT series, you can expect a call from Stephenie Meyer’s lawyers.
Any story or idea from other authors or sources can be used by an author as long as she makes the idea her own with her own characters, setting, and plot. I have read a CAPTAIN BLOOD retelling as an historical romance, a Klingons-in-love STAR TREK inspired futuristic romance, and a paranormal romance that billed itself as HARRY POTTER for grownups. None of these authors were sued for copyright infringement because they added enough of their own ideas to create something different.
Since Tolkien, who was a Medieval scholar, took his inspiration and names from various older texts, he wasn't a copyright thief, nor was he lacking in creativity since he took these ideas and names to make his own astonishing creation./div>
Re: Re: Re: What is and isn't copyrighted
Here's a tutorial I wrote on the subject if you're interested.
http://mbyerly.blogspot.com/2008/03/fanfic-and-copyright.html/div>
Re: What is and isn't copyrighted
I've read a science fiction romance series that was obviously Klingons in love with the names and some changes in political elements.
I've also read a novel that billed itself as "Harry Potter for grownups." The world and the magic was very close to Rowling's, but the characters were adults with some of them obviously based on Rowling's characters. I had to laugh when Dumbledor showed up with a name change.
I won't even go into the number of TWILIGHT clones in the Young Adult market and now all the THIRTY SHADES novels which started as fanfic.
None of these books had the original authors' or creators' lawyers after them for copyright violations.
The real problem isn't copyright theft, but that readers are much more harsh about a work being so derivative.
If you want to do well in fiction, it's best to avoid derivative unless it can be used as a marketing tool, and in most cases that means going the public domain route. For example, lots of people will happily buy a new Sherlock Holmes novel but won't even notice a mystery about a Victorian inquiry agent based in London./div>
Re: Re: What is and isn't copyrighted
That's why I've chosen to educate authors and readers about copyright issues so they can make informed choices.
That's why I read sites like this and TeleRead to correct all the misinformation out there./div>
What is and isn't copyrighted
IDEAS can't be copyrighted. Literary THEMES and TROPES can't be copyrighted.
It's what you do with them that is copyrighted. So the expression of the words or story on film/media is what is copyrighted.
Lucas did not steal anyone's copyright. He used common ideas and tropes from popular culture as well as an archetypical plot to create the first movie.
When the original STAR WARS hit the theaters, he freely admitted that the first movie was his homage to movie serials like FLASH GORDEN.
And, it was freaking awesome for us SF geeks who saw it in the theaters because it was so dang innovative with its use of technology, etc.
If someone uses chunks of the film, it's within his/Disney's rights to go after them.
So you may can him names for protecting what is his, but hypocrite isn't one of them./div>
Re: Re: Public domain books available
Re: Re: Re: Tired old examples
And US courts agree by allowing digital copyright owners to sue over theft, and the copyright owners often win./div>
Public domain books available
http://publicdomainday.org/node/44/2012/authors
I have to laugh at all those who think that public domain screws corporations. If we dropped copyright or shortened it considerably, the corporations would make a killing with all those books that could be turned into movies and games.
Not to mention all those books that could have zombies or sex inserted in for resale. In the last few months, one publisher has been busy inserting erotic scenes into classics like JANE EYRE. Nothing like a little girl on girl action to trash one of the greatest novels ever written.
Let's hear it for the value of public domain to improve culture./div>
Re: Re: Re: Re: Re: Tired old examples
The examples I used are very successful authors with a huge fan base. They continue to write the same kinds of books so they keep the fans they have, and until recently, they had a huge increase in backlist sales as each new book came out./div>
Re: Re: Re: Tired old examples
As to evidence, there is no way to collect information for a valid study comparing ebook sales to ebook theft, but I belong to several groups with thousands of professional authors. According to anecdotal evidence from many of them, yes, there is a correlation between an increase in pirate theft to lowered sales.
Some who have been very successful for almost ten years as straight-to-ebook authors have watched their sales numbers fall as illegal download numbers soar. I know some "New York Times" bestsellers whose digital sales have become ridiculously low as illegal downloads increase and sales of their backlist has plummeted.
I've had others tell of fans who complain to them because one of their books isn't available for free on the pirate sites and don't see the irony is the complaint.
I also know of over a dozen authors who are good friends who have simply given up their careers because they are so dispirited by the thefts, the contempt of those readers, and failing income./div>
Re: Tired old examples
As to obscurity. A normal person who is murdered in a gruesome manner is no longer obscure for a short time, but I doubt many people would want to become well-known for this reason.
In the same way, most authors don't want their books becoming well-known in pirate circles because a vast majority of us who are pirated don't see any improvement in our bottom line. All it means is that our next book goes up even faster at the pirate sites and the download numbers keep increasing.
Most writers are perfectly happy to be obscure and get payed by those who do read us.
In other words, writers are rarely fame whores. We write for cash and are proud of it.
Using illegal download numbers and sales numbers as comparative tools is disingenuous since the numbers mean nothing in comparison. All that can be said is that the more famous the author, the higher the illegal downloads. The more obscure the author, the lower the downloads. Yeah, like duh!
And owning a copyright is "monopolistic?"
Gee, does owning a car or a house make you monopolistic? Am I a monopolist because I own the copyright of five novels I spent years writing?
The truth of the matter is that copyright is owned, a vast majority of the time in the creative fields, by some individual or a small group of individuals, not some corporation. Stop demonizing those of us who work hard at our creations and spend many unpaid years learning our craft./div>
Tired old examples
Most writers don't have their books in every bookstore like Doctorow, they don't have movie deals like Doctorow, and no one would pay them a penny for their opinions. They do have everything to lose if the only readers they have read them for free.
Konrath used the Doctorow model to his own advantage, but he's not been hustling this method since ebooks became such a large part of the market share of income.
One of the most important points about all these successes is that the copyright owner CHOSE this method. No one chose it for them so you can't use it as an excuse to upload an unwilling participant's copyrighted books on a pirate site./div>
DMCA exemptions
http://www.copyright.gov/1201//div>
the difference between TTS and audio rights
Right now, many of the major audio book companies won't touch a book that has TTS so publishers are blocking TTS via DRM.
This situation is a good thing for the disabled and other readers because once this issue is settled, probably in favor of TTS and audio rights being different things, TTS will be allowed on all electronic books./div>
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