Legal
Internet Archive Loses Appeal
The Second Circuit Court of Appeals upheld the lower-court ruling against the Internet Archive (IA).
The suit was first brought in 2020 by HarperCollins, Penguin Random House, Hachette Book Group, and Wiley, alleging “willful mass copyright infringement” by IA’s “National Emergency Library,” which offered unlimited borrows of over a million ebooks. Judge John Koeltl of New York Federal Court issued a summary judgment against IA on March 24, 2023.
Read moreDuBois Arrested
SF writer Brendan DuBois, 64, was arrested in Exeter NH on July 10, 2024, and faces six felony counts of possession of child pornogaphy. DuBois turned himself in after the arrest warrant was issued. The complaint alleges he ‘‘did knowingly possess at least 35 visual representations of children engaging in sexually explicit conduct.’’ The police received a tip from Google earlier this year and executed a search warrant in May, ...Read More
Read moreFinancial News
The US Census Bureau report for April 2024 shows bookstore sales of $596 million, up 2.4% from April 2023. For the first four months of 2024, bookstore sales were down 4.0% at $2.553 billion. All retail was up 3.6% for the month, and up 2.9% year-to-date.
The Association of American Publishers’ StatShort report for April shows sales up 18.3% compared to April 2023, with most major categories showing sales increases. ...Read More
Read moreLegal News
Romance writer Christine DeMaio, who also publishes as CD Reiss, has launched a proposed class-action lawsuit against Amazon, alleging an unlawful monopoly on audiobook sales. She is represented by Hagens Berman, which has brought various publishing-related class-action suits in recent years, with mixed success. The filing claims that Amazon’s Audible ACX program, which is open to self-publishers, charges a fee of 60% for authors who use their platform exclusively – ...Read More
Read moreRWA Files for Bankruptcy
Romance Writers of America filed for bankruptcy in May 2024 in the Southern District of Texas. The RWA was unable to pay the hotel contracts for their annual conferences after membership plummeted following a series of high-profile controversies. The RWA owes about $3 million to hotels, and almost $75,000 to other creditors.
The main cause of the fiscal problems is a long-term contract RWA signed with Marriott Hotels to host ...Read More
Read moreLegal News
Hachette, HarperCollins, Macmillan, Simon & Schuster, and Sourcebooks have joined a previously reported lawsuit opposing Iowa’s SF 496, a law that seeks to ban books depicting sex or involving gender identity or sexual orientation. They join existing plaintiffs Penguin Random House; the Iowa State Education Association (ISEA); authors Laurie Halse Anderson, John Green, Malinda Lo, and Jodi Picoult; three teachers; and a high school student. “We as publishers are uniting ...Read More
Read moreAI News
The New York Times reports that Meta (the parent company for Facebook, Instagram, and Meta AI, among other concerns) considered purchasing Simon & Schuster last year in order to train their Large Language Model on the company’s books:
Lawyers and engineers last year discussed buying the publishing house Simon & Schuster to procure long works, according to recordings of internal meetings obtained by The Times. They also conferred on gathering ...Read More
Read morePublishers Join Iowa Book Ban Lawsuit
Hachette, HarperCollins, Macmillan, Simon & Schuster, and Sourcebooks have joined a previously reported lawsuit opposing Iowa’s SF 496, a law that seeks to ban books depicting sex or involving gender identity or sexual orientation. They join existing plaintiffs Penguin Random House; the Iowa State Education Association (ISEA); authors Laurie Halse Anderson, John Green, Malinda Lo, and Jodi Picoult; three teachers; and a high school student.
“We as publishers are uniting ...Read More
Read moreLegal News
Federal judge Stephen Locher has filed a preliminary injunction against the state of Iowa’s book-banning law, calling the measure “incredibly broad.” The measure was meant to go into effect January 1, 2024, and would restrict books about sexuality or gender, or with descriptions or depictions of sex, from school libraries and classrooms. It originally banned books with LGBT content as well, but the state of Iowa reversed that position in ...Read More
Read moreAI News
The US Copyright office has solicited comments on ‘‘copyright law and policy issues raised by artificial intelligence systems,’’ drawing thousands of responses. Comments from many authors, and organizations including the Authors Guild and the Association of American publishers, argue that Large Language Models rely on mass copyright infringement in order to function at all. The Authors Guild said,
The leading LLMs today were ‘‘trained’’ on datasets of approximately 200,000 books, ...Read More
Read moreLegal News
The US District Court in Northern California has dismissed part of the class-action lawsuit brought by Christopher Golden and other authors against Meta’s AI program. Judge Vince Chhabria granted the software giant’s motion to dismiss the claim that their large language model, LLaMa, infringed on the author’s copyrights, ruling that the chatbot’s output wasn’t substantially similar to their works. The larger argument, that the unauthorized inclusion of the author’s work ...Read More
Read morePRH Files Lawsuit Against Iowa
Penguin Random House (PRH) and the Iowa State Education Association have filed a lawsuit against the state of Iowa and the Iowa State Education Association (ISEA). The suit names other plaintiffs including authors Laurie Halse Anderson, John Green, Malinda Lo, and Jodi Picoult, whose books have been banned or removed in Iowa; two middle school teachers; one high school student; and one school librarian.
The lawsuit challenges Iowa Senate File ...Read More
Read moreChatGPT Lawsuit
SF writer Paul Tremblay and author Mona Awad are the named plaintiffs in a class-action lawsuit against Open AI, alleging their ChatGPT, a Large Language Model “AI” chat program, infringed on their copyrights — and those of thousands of other authors. In addition to copyright infringement, the authors allege violation of the Digital Millennium Copyright Act, unfair competition, unjust enrichment, and negligence.
The filing argues that thousands of books were ...Read More
Read morePEN and PRH Sue Over Book Bans
Writing organization PEN America, publisher Penguin Random House, authors, and parents have filed a lawsuit against the Escambia County School District and school board in Florida, arguing that recent book bans their violate the First Amendment. The plaintiffs seek to have the removed books returned to library shelves.
The plaintiff statement says,
Ensuring that students have access to books on a wide range of topics and expressing a diversity of ...Read More
Read moreInternet Archive Loses Lawsuit
Judge John Koeltl of New York Federal Court issued a summary judgment on March 24, 2023, finding in favor of the four publishers who sued the Internet Archive. The suit, brought in 2020 by HarperCollins, Penguin Random House, Hachette Book Group, and Wiley, alleged “willful mass copyright infringement” by IA’s “National Emergency Library,” which offered unlimited borrows of over a million ebooks.
The judge wrote: “At bottom, IA’s fair use ...Read More
Read moreApple’s AI Audio
The proliferation of AI tools continues to make waves in the publishing industry. Apple Books is encouraging small presses and self-published authors to nominate titles for “digital narration,” with plans to produce audiobooks narrated by AI voices. Apple says,
More and more book lovers are listening to audiobooks, yet only a fraction of books are converted to audio – leaving millions of titles unheard. Many authors – especially independent authors ...Read More
Read moreManuscript Thief Pleads Guilty
Filippo Bernardini, the Italian junior rights manager at Simon & Schuster UK who was charged with wire fraud and “aggravated identity theft,” has pled guilty to “one count of wire fraud in connection with a multi-year scheme to impersonate individuals involved in the publishing industry in order to fraudulently obtain more than one thousand prepublication manuscripts of novels and other forthcoming books.”
U.S. Attorney Damian Williams said:
Filippo Bernardini used ...Read More
Read moreEscape Artists to Become Nonprofit
Escape Artists (EA) has announced that they will become a 501 (3) (c) nonprofit, effective January 1, 2023. Escape Artists produces genre podcasts Catscast, Cast of Wonders, Escape Pod, Podcastle, and Pseudopod.
Marguerite Kenner, EA’s co-owner, announced:
Since taking the helm in 2014, we’ve brought EA into the forefront of genre publications…. Two new shows joined the original trio, and we’ve been honored with major award wins and nominations including ...Read More
Read morePRH/S&S Merger Doomed
The proposed merger between Penguin Random House and Simon & Schuster has unraveled. On November 22, 2022, S&S parent Paramount Global filed with the SEC and confirmed they were terminating the agreement. Paramount is entitled to a termination fee of $200 million.
PRH parent company Berteslmann issued a press release that says, “Bertelsmann will advance the growth of its global book publishing business without the previously planned merger of Penguin ...Read More
Read moreArizona Recognizes Speculative Poetry Day
Governor Douglas Ducey has declared November 30th Speculative Poetry Day in the state of Arizona.
The Science Fiction and Fantasy Poetry Association (SFPA) spearheaded the effort, and seeks to “highlight the vibrant legacy and extraordinary achievement of speculative poets,” as well as “introduce communities to the delights and benefits of reading and writing speculative poetry.”
For more information, see the SFPA post.
While you are here, please take a moment ...Read More
Read moreJudge Forbids PRH/S&S Merger
Judge Florence Pan has ruled in favor of the Department of Justice, blocking the proposed merger of Penguin Random House and Simon & Schuster.
According to Reuters:
Judge Florence Pan of the U.S. District Court for the District of Columbia said in a brief order that she had found the Justice Department had shown the deal may substantially lessen competition “in the market for the U.S. publishing rights to anticipated ...Read More
Read moreB&N Ordering Controversy
In mid-August 2022, an outcry arose on Twitter among middle-grade and YA authors, agents, and others in the industry, alleging that Barnes & Noble had changed their policies for stocking those books. Numerous authors, including Kalynn Bayron, reported the discovery that their hardcover new releases wouldn’t appear on Barnes & Noble shelves at all.
According to Publishers Lunch, Barnes & Noble told publishers that middle-grade hardcovers were not selling well, ...Read More
Read moreRoberts Helps Save a Library
Author Nora Roberts, 71, who also writes as J.D. Robb, contributed $50,000 to a fundraiser to keep the Patmos Library in Jamestown Township MI open. The library lost its taxpayer funding in August 2020 when its staff refused to pull LGBTQ-related titles from the shelves. Roberts’s donation was part of a total of $245,000 raised in crowdfunding efforts to save the library, with over 4,000 individual donors. Roberts said in ...Read More
Read morePRH and S&S Merger Trial
The lawsuit filed by the US Department of Justice to stop the proposed merger of Penguin Random House and Simon & Schuster went to trial on August 1, 2022, with Judge Florence Pan presiding. The trial included expert testimony from a wide variety of authors, agents, and publishing professionals. Closing arguments took place on August 19. A ruling is expected in November. The fundamental question is whether the merger will ...Read More
Read moreB&N Obscenity Case Dismissed
Book Riot is reporting that an obscenity case brought against Barnes & Noble in Virginia has been dismissed, with the judge saying neither of the books named met the legal definition of obscenity.
As we previously reported, the suit was brought by Virgnia state delegate and lawyer Tim Anderson and Republican Congressional candidate Tommy Altman, who sued Barnes & Noble in Virginia Beach Circuit Court to stop sales of fantasy ...Read More
Read moreInternet Archive Lawsuit
The lawsuit brought by four publishers against the Internet Archive is slowly moving forward. The suit, brought in 2020 by HarperCollins, Penguin Random House, Hachette Book Group, and Wiley, alleges “willful mass copyright infringement” by IA’s “National Emergency Library”, which offered unlimited borrows of over a million ebooks. Both sides submitted motions and requested summary judgment in July 2022. The actual trial is expected to begin this fall.
IA claims ...Read More
Read moreSalman Rushdie Stabbed
Salman Rushdie, the author of The Satanic Verses and other works of genre interest, was stabbed Friday, August 12, 2022, just before giving a lecture in upstate New York.
Rushdie, 75, is still hospitalized with serious injuries, including a damaged liver, severed nerves in an arm, a seriously damaged eye he might lose. He was taken off a ventilator over the weekend and is “on the road to recovery,” according ...Read More
Read moreDoJ vs PRH Trial Begins
The lawsuit filed by the US Department of Justice to stop the proposed merger of Penguin Random House and Simon & Schuster has gone to trial this week.
Publishers Weekly has been covering the case: Monday featured opening arguments and testimony by Hachette CEO Michael Pietsch for the government, giving an overview of the book business and discussing how the merger would have a deleterious effect on competition.
Tuesday’s proceedings ...Read More
Read moreAmazon News
Amazon has stopped selling Kindle ebook readers in China, and will stop selling ebooks there in June 2023. The Kindle app will be removed from Chinese app stores in 2024, and readers who previously purchased Kindle ebooks will no longer be able to access their libraries. Customers who bought a Kindle reader this year may receive refunds. Amazon is reportedly “adjusting the strategic focus of its operations,” and will continue ...Read More
Read moreLegal News
Book Riot has reported that Virginia state delegate and lawyer Tim Anderson and Republican Congressional candidate Tommy Altman are suing Barnes & Noble in Virginia Beach Circuit Court to stop sales of fantasy A Court of Mist and Fury by Sarah J. Maas and Gender Queer: A Memoir by Maia Kobabe, calling passages that include sexual language “obscene.”Anderson claims the court found “probable cause that the books… are obscene to ...Read More
Read moreHarperCollins Union Sets Strike Date
As previously announced, the HarperCollins Union has voted to go on strike if their concerns are not addressed. They’ve now announced their one-day strike date as Wednesday, July 20th.
The employees of HarperCollins have been unionized for over 80 years, and are part of Technical, Office and Professional Union UAW Local 2110. They have been negotiating with management since December 2021, when their contract was due to expire (after a ...Read More
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