A Publisher Who Violated Copyright: Foul Play
February 22, 2009
I did not want to write about this situation until I cooled down. I write monographs (dull and addled ones to be sure) but I expect publishers to follow the copyright laws for the country in which the publisher resides. I used to work at a big, hungry, successful publishing company in New York. Even in the go go 1980s, the owner set an example for the officers and professionals to follow. The guideline was simple. Treat information and copyright with respect. Before returning the the nutso New York scene, I worked at the Courier Journal & Louisville Times Co., then one of the top 25 newspapers in the world. The rules were clear there too. Respect copyright. I have three active publishers at this time: Frank Gilbane (The Gilbane Group), whom I have described as the least tricky information wizard I know; Harry Collier (Infonortics Ltd.), my Google publisher and long time colleague; and Steve Newton, at Galatea in the UK, who makes my lawyer look like a stand up comedian. Mr. Newton is serious and respectful of authors like the savvy Martin White and me, the addled goose.
I would go straight to my attorney if I found out that one of these professionals was sending without my permission copies of my monographs to individuals who were not reviewers or representatives of a procurement team. Gilbane, Collier, and Newton would either send an email or pick up the mobile and let me know who wanted a copy.
I was thunderstruck when a dead tree publisher in New Jersey, which I will not name, sent me via electronic mail and with no communication with me a copy of a hot off the press book about Google. I took three actions:
- I alerted my attorney that a publisher was possibly violating copyright and that I wanted to know what to do to protect myself. “Delete the file” and “Tell ’em not to do this type of distribution again” were the two points I recall.
- I asked one of my top researchers and one of the people who does research for my legal and investigative reports to telephone the publisher and state what the attorney told me. Then repeat the message again and inform the publisher to pass further communications to my assistant, not to me.
- I deleted the file.
If I want a copy of another author’s report or book about a subject, I will buy it, request in writing a review copy, or if I know the author, call him or her and request a copy.
As an author, I provide quite a bit of information on this Web log and on my primary archival Web site (www.arnoldit.com) for free. I rely on my publishers to sell the books that I and my co authors write. I write for money and split the money with my publishers. Therefore, a publisher who casually mails out copies of another author’s work without much planning, with what I perceive as indifference, or with active disregard of copyright and the bond between a publisher and writer makes me steam.
I want to name this person, identify the publishing company, and urge you to boycott this outfit’s products and services. My legal eagle told me to write a general post and omit the juiciest details. The likelihood of my trusting this outfit again are zero. In late 2008, its acquisitions editor asked me about my interest in doing a book for this group. Let me tell you, my answer is final: “Never. I will stick with publishers of the highest integrity like the Gilbane Group, Galatea, and Infonortics. The addled goose is still bubbling with indignation at what in my opinion is the improper distribution of another author’s work and frolicking over copyright and trust.
Stephen Arnold, February 22, 2009
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6 Responses to “A Publisher Who Violated Copyright: Foul Play”
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I just found out how much of a piece of S**T my publisher is. and today I discovered they never did copyright my book.. I called the copyright office to do a search on the title and then My name then on the publishers name and it came up NONE so I went and had it copyrighted my self thru the copyright office online so this way i’m sure to have the cert. mailed to me not my publisher.
So if they never did copyright my book and they have been selling it online POD does this mean I have a case to sue them? or is it the fact that the copyright wasn’t valid until today leaving any book sold after today is infringing on my copyrights?
Earl Conlon,
I sympathize. The publisher who mailed me another author’s work is my personal example of saying one thing and doing another. I can vouch for Frank Gilbane, Harry Collier, and Steve Newton. I provide links to their companies in my original post. Maybe one would want to look at your next manuscript. I have had my share of tricky experiences, and my experience is that once authors were respected. Now some publishers treat authors as word farmers and treat them as large agribusiness treats those with a few hundred acres–a nuisance.
Stephen Arnold, March 10, 2009
Do not worry, Earl. Your writing was covered by copyright from the day you first wrote it. It was valid before your book was published. It was valid when you submitted your manuscript. “Registering” is just that—registering. It is not initiating protection.
It does sound like the publisher was negligent. They may have violated their contract with you. But in terms of actual damages, the cost of registering your copyright is probably the only amount you could sue for.
Thanks for the Input folks. I’m not worried about them but i am looking to get a contract with a good publisher. So until then I’ll do what i must to get my name out and my current book (even though I also found out PA is not reporting on All sales) but where theres a way there’ s a will. Keep on truckin folks