Websites offering Free Downloads

[peter halle]

Perhaps this will be the first thread of mine that will be removed.  Others have been ignored.  [big grin]

My wife is an aspiring author and has been remarkably successful in getting published over the past year.  Almost thirty pieces of work out in publication for sale.  The residual checks have been increasing in amount, but based on the last one, if you take into account the amount of time that is spent, my guess is that it equates to less than 10 cents an hour once you take into account the marketing time - which is enormous.

This morning while doing a search to see what comes up we discovered sites that have had some of her literary works illegally downloaded to them and then downloaded by readers for free.

If she had received the residuals for those works downloaded for free, her check would have been 600% greater than it was.

I am not asking you to buy a book authored by my wife because that would be wrong.  I am asking everyone to please not condone this type of behavior nor participate in it.  It is kind of like being a hobbyist woodworker trying to make it to the edge of being professional and then on the eve of the first show finding out that someone has stolen your works to be sold and your materials.

Thanks for any consideration you can give this.

Peter

 

[tvgordon]

Although I haven't downloaded any books, I think it would be difficult to determine if the book was illegally offered for free. Especially if the author has many works as one or so may be offered for free to get you interested so you buy the others.

This, of course, does not apply to sites that offer music, movies and books for free because the people on the all share with each other.

Out of curiosity, what does your wife write about?

Tom

 

[peter halle]

Although I haven't downloaded any books, I think it would be difficult to determine if the book was illegally offered for free. Especially if the author has many works as one or so may be offered for free to get you interested so you buy the others.

This, of course, does not apply to sites that offer music, movies and books for free because the people on the all share with each other.

Out of curiosity, what does your wife write about?

Tom

Tom,

The sites that offer the "sharing" for free are the ones that I refer to.  My wife writes under several names - each with a specific audience.  As a member, and also as a moderator I don't want to reveal that whereas it could be viewed as an advertisement for her books and this is not the venue for that.  Generally if you are going to a site and everything is free the producers of the work will not be getting money to buy wood.

I appreciate your response!

Peter

 

[billg71]

Peter,

I'm really sorry to hear about this. As a photographer I'm particularly sensitive to intellectual property rights and hate to see anyone taken advantage of.

First of all, your wife should issue a DMCA takedown notice to the offending site(s). Google is your friend here, it isn't too difficult. Stop the bleeding as soon as you can.

The next step depends on whether she has registered the copyright to her work. If she has, she's eligible for statutory damages(6-figures, don't recall the exact amount) plus attorney's fees from each offending website. If not, you've got a harder row to hoe. She can sue for reasonable fees(i.e. the amount she would have received if the work had been sold at established price) but you'll likely have to pay attorney's fees up front and there's no guarantee you'll be able to recover them.

I'd suggest you consult a good copyright attorney right away.

HTH,
Bill

 

[Steve R]

Peter,

You bring up an important issue. A comment or blog, etc published to the web is still owned by the writer and or the site.  Her publisher work is copyrighted (I would hope) and should have added the statement to the back side of the title page along with the copyright, the now obligatory can't be reproduced...

If that is in place you do have legal recourse against the site that set it up for download.  Her publisher should be the one to take up this action against the site.

But it is good for us to remember that we must pay for original content.

Are you going to sue the site?

 

[peter halle]

Peter,

I'm really sorry to hear about this. As a photographer I'm particularly sensitive to intellectual property rights and hate to see anyone taken advantage of.

First of all, your wife should issue a DMCA takedown notice to the offending site(s). Google is your friend here, it isn't too difficult. Stop the bleeding as soon as you can.

The next step depends on whether she has registered the copyright to her work. If she has, she's eligible for statutory damages(6-figures, don't recall the exact amount) plus attorney's fees from each offending website. If not, you've got a harder row to hoe. She can sue for reasonable fees(i.e. the amount she would have received if the work had been sold at established price) but you'll likely have to pay attorney's fees up front and there's no guarantee you'll be able to recover them.

I'd suggest you consult a good copyright attorney right away.

HTH,
Bill

Bill,

WOW!  Thanks for that.  Unfortunately the sites are overseas and moved overseas to frankly avoid US prosecution.  I found the google aspect, that will reduce exposure by eliminating those sites from search results, but the underworld will continue.

I can not even imagine your situation.  You want to share an image that may have taken tens of hours planning, composing, exacting, polishing, then presenting - all to find that it is all over the web - without even credit.
'
peter

 

[Kev]

Downloaders are rarely equivalent to buyers. Unfortunately, just because 100 people download something - it doesn't mean you've missed 100 legitimate sales.

There's also the flip side that may have someone enjoying something they acquired free and sought out more - happy to pay.

Illegal download sites and 'semi legitimate' file storage/sharing sites make their revenue from subscriptions and banner/click through advertising ... Any file is fodder for this. The vast majority is downloaded and discarded.

You can go down the path of trying to stop it and you may get some benefit - but you're only likely to scratch the tip of the iceberg (I've been in the technology industry for 30 years - believe me on this) ... A scarier thought than someone downloading your work for free is the harder to trace republishing (even in different languages) and selling for profit as original work by someone else!

Another perspective to consider is that the traditional publishing channels are even bigger robbers - online publishing options exist and could be an interesting option.

 

[joraft]

... But it is good for us to remember that we must pay for original content.

Absolutely! If we don't pay the people who create the works we love, they won't be able to continue creating.

That goes for movies, books, music, and SOFTWARE!

I even paid for the right to use the stock photo in my avatar, when I could've used my own face for free (believe me, it was worth it).  [big grin]

 

[Kev]

The other amazing thing is that there is a massive amount of legitimately free stuff  on the internet that people can enjoy - it's usually pretty obvious when thing are not legit.

 

[Chris H]

Sorry to hear that happening. I came http://www.thedominoproject.com/across this site the other day, if your wife has not heard of it, she might be interested. I am a huge Seth Godin fan!

 

[upscale]

WOW!  Thanks for that.  Unfortunately the sites are overseas and moved overseas to frankly avoid US prosecution.  I found the google aspect, that will reduce exposure by eliminating those sites from search results, but the underworld will continue.

Your wife can take a small measure of satisfaction in that many pirate downloading sites have been flooded by commercial uploaders. In other words, people upload pirated material, but to access it after downloading it, one must fill out some opinion poll, produce a phone number or submit a valid email address ~ all things that result in unwanted commercial harassment of some sort. And that's not to mention other more dire results.

 

[Frank Pellow]

Peter, as a sometimes book editor/writer/layout designer/photo editor/contributor/general dogs body I take your warning very seriously. 

I was on a book tour of Northern Ontario two weeks ago helping a close friend promote a book that he has just had published.  We are thinking of having an electronic edition produced and are worried that just what you are talking about might happen.

 

[upscale]

I was on a book tour of Northern Ontario two weeks ago helping a close friend promote a book that he has just had published.  We are thinking of having an electronic edition produced and are worried that just what you are talking about might happen.

Only downside to that is there's always some zealot who will go out of his way to scan everything and post it on-line. And, it only takes one to validate your fears. My inclination would be to post it on-line anyway, benefit from the added attention and profit from those honest people who will pay for it on-line.