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Posts tagged Marilynn Byerly

The Digital Reselling Issue: What about the customer’s rights?
February 20, 2013 | 10:00 am

Yesterday, TeleRead published two thoughtful essays on the digital reselling issue (here, and here) from author Marilynn Byerly. I appreciate her desire to ensure that any used digital market is fair to authors. I don't, however, think Amazon is—as she asserts—about to 'break the law.' Why not? Because while many have tried to interpret the current law to the best of their ability, it hasn't been definitely established by a precedent-establishing case whether or not digital goods are subject to the first sale doctrine. But this is not a bad thing—it means a healthy discussion and debate can still occur, and...

More on Amazon’s used e-books controversy
February 19, 2013 | 3:00 pm

Digital products like e-books are licensed—not sold—to a buyer, so they can’t be legally resold, shared, or loaned. (See my article on e-books and the first sale doctrine for more information.) A group called the Owners' Rights Initiative wants to change that. The ORI believes that the owner of a digital book should be allowed to sell it used.  Members of this group include some library trade groups, used resellers of paper books, and eBay. Some readers consider this a good thing, because they can get cash back on books they've read, in the very same way many readers do with paper books. But...

Is Amazon About to Break the Law?
February 19, 2013 | 10:04 am

Amazon has patented a means to sell used e-books within the Kindle system. A book will be branded within the system when it is bought, and when the buyer puts it up for resale at the Kindle store, it will be removed from his account and transferred to the buyer’s account. Amazon will receive a small fee for each sale. A limited number of sales of each book may or may not be included in the system. According to copyright law, specifically the first sale doctrine, this is illegal because digital goods aren’t physical things so they can’t be resold. (See...

Creativity and Copyright, by Marilynn Byerly
May 1, 2012 | 8:05 am

Byerly One of the common reasons copyright foes give for the evils of long copyright or any form of copyright is that it stifles creativity.   Is this true? My own feeling is that it doesn’t, particularly in fiction. WHAT COPYRIGHT DOES AND DOESN’T COVER Many don’t understand what copyright covers.  They think the ideas within a story are copyrighted.  They aren’t.  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...

Marilynn Byerly in an audio chat on Tuesday
March 1, 2010 | 7:45 am

pirate.jpgMarilynn is a frequent commenter on the site, so I thought you'd like to hear her in person on Crazy Tuesday, a live blog done by romance author Rowena Cherry. Here's the blurb: Crazy Tuesday, March 2nd, 2pm Eastern : Launching "Authors Without A Yacht" When a proud ebook pirate stated that greedy authors don't need his help pay for their third yachts, a group of authors who can't even afford a canoe formed the "Authors Without A Yacht" social networking groups to answer readers' questions about copyright and to share where readers can legally buy ebooks at the best prices. Literary...