Saturday, October 17, 2009

Fairey Lied About Origin of Obama Photo

A battle that had all the elements of a David vs. Goliath grudge match, has ended in ignominy as Shep Fairey has had to admit that it was the AP photo that he used for the iconic Barack Obama poster Hope. This is an appalling circumstance that should never have reached this point: AP was vilified by fair use advocates for stomping on the little creative guy.

Obviously, the outcome doesn't address any fair use question and AP may be accused of other misdemeanors but to paraphrase the man: Where do they go to get their reputation back? (NYT)

Mr. Fairey admitted that in the initial months after the suit and countersuit were filed, he destroyed evidence and created false documents to cover up the real source. He said he had initially believed that The A.P was wrong about which photo he used, but later realized the agency was right.

“In an attempt to conceal my mistake, I submitted false images and deleted other images,” Mr. Fairey said in a statement, released on his Web site. “I sincerely apologize for my lapse in judgment, and I take full responsibility for my actions, which were mine alone.”

Mr. Fairey’s lawyers said they intended to withdraw when he could find new counsel.

Thursday, October 15, 2009

Same Day Delivery on Sales Tax

Amazon.com is rolling out same day delivery in select cities for orders placed between 1oam and 1pm (NYTimes) As B&N steps up its online and e-Reader activities, Amazon is not standing in place and looks to be offering this service to counter one of the primary benefits that the bricks and mortar bookseller retains. But Amazon has also been battling states over the collection of sales tax and has pulled operations out of states that have sought to require them to collect sales tax. One of those battleground states has been New York and the NY attorney general has been looking into this matter with respect to Amazon in particular. In reaction Amazon began closing their affiliate relationships in the state to mitigate any argument that they had nexus in the state requiring them to collect state tax. As an internet retailer, Amazon has never agreed that they should collect sales taxes if they don't have substantial operations in a particular state but as of August they appear to have been collecting sales tax in New York.

This announcement could have more implications than just same day delivery.

LATimes

Front Page News: Libraries To Kill Trade*

Motoko Rich (NYTimes) takes a look at eBook lending in libraries without discovering anything particularly new - at least to anyone with even a passing interest in the topic. While the article does note Overdrive and Netlibrary have been addressing the market, Rich suggests publishers have no business model and specifically mentions S&S and Macmillan as companies that refuse to sell their eBook titles into the library market. Her assertion that libraries "across the country" are filling their "shelves" with eBooks would seem to contradict the suggestion that publishers are holding back their titles because they "have not found a business model that works for us and our authors" (according to S&S). But addressing that contradiction is less interesting than the idea that libraries are havens for free-loaders who will eventually tear the trade publishing industry asunder.

Certainly holding back your eBook titles is not a strategy. In contrast, Overdrive and Netlibrary both have business models that have seen uptake from large trade publishers. In the future, these models may or may not facilitate eBooks being loaned en mass by libraries (though I am by no means suggesting that these models, as they currently exist, are ideally suited to the time when eBooks become a significant segment of the market); but today they represent working models for which publishers have signed up. Libraries already purchase vast amounts of eContent (serials, databases, etc.) licensed by publishers, the majority of whom had legacy print businesses. Some of these same publishers also make their educational and sci/tech book titles available electronically. Why, then, has the professional and scientific publishing community been able to build multi-million dollar-eContent businesses in the library market while trade publishers can't find a business model?

The sci/tech model may not be directly adaptable to trade, but that segment of the industry underwent its own experimentation process as its business model matured. You won't get from Rich a primer on how the trade segment might effect a similar transition; instead, we're offered only a passing reference to the academic segments' subscription models--but this is only to enforce the notion that access is experimental and limited. In conclusion, we're left to believe that libraries represent a challenge to the whole notion of paid content and will eventually erode the trade publishing model: "In libraries, readers are attracted to free material," she avers, and "buying doesn't make sense" says a library patron.

This article doesn't do anyone any favors, casting library patrons as free-loaders and assuming trade publishers are bereft of innovative ideas for addressing the library market. Neither is an accurate reflection of the relationship across the spectrum of libraries and publishers.


* Note: The article was on the front page of the Times...

Wednesday, October 14, 2009

Take all of Springer

Springer CEO Derk Hannk is quoted by Reuters suggesting the entire company is in play (Reuters)
The private equity firms Candover (CDI.L) and Cinven [CINV.UL], the owners of German academic publisher Springer Science and Business Media, are considering a full sale of the company, Chief Executive Derk Hannk said on Wednesday.

"For a while we were considered underleveraged, now we are considered overleveraged ... a straight sale is the preferred option," Hannk told Reuters on the sidelines of the Frankfurt Book Fair on Wednesday.

"We are owned by private equity and they have had a very good run for their investment for five, six years," he said, adding it may be time for new equity.

Saturday, October 10, 2009

MediaWeek (Vol 2, No 41): OCLC, NewsCorp, LexisNexis

Skyriver takes on OCLC's cataloging market. (LJ):

A new company called SkyRiver has launched a bibliographic utility, directly challenging long-dominant OCLC. Over the last 18 years, strategic acquisitions by OCLC have narrowed competition, but SkyRiver—founded by Jerry Kline, the owner and co-founder of Innovative Interfaces—aims to expand the market and offer an alternative bibliographic utility for cataloging that could save libraries up to 40 percent off their expenditures for bibliographic services.

SkyRiver is already fully operational, with a few libraries engaged as development partners. While the company has not disclosed the names of the participating libraries, at least one is a member of the Association of Research Libraries (ARL). Some of the libraries are expected to go into full production with SkyRiver in mid-October, shifting away from their current bibliographic services. In January 2010, the company will begin broadly marketing its service.

Jonathan Miller (NewsCorp) was interviewed by MediaPost (from Sept 1, 2009):

How will media companies make money five years from now? Miller: There will be more pay and subscription, more multiple levels of niche marketing, various devices and consumption channels, and more low-cost channels. Part of the trick will be getting good at all of the above. It will no longer be as simple as making a movie, selling a DVD and the rights to HBO, and making 19 percent of the gross from a television network, so life is good. The media business will have many more points of consumption, and you will have to aggregate all of it. But in the end, we will not trade one to one - they will all have different values.

One of the key questions is whether content continues to grow and be differentiated and valuable enough to have true paying models. I think the answer is "Yes." We will see both subscription forms as well as micropayment transactions. We are at that inflection point in the music industry where streaming forms are taking over from a la carte downloads. For a reasonable price going forward, consumers will be able to access their music of choice for every device and platform for one price, instead of paying for every a la carte download to captive devices.

Interview with John Lipsey, Vice President, Corporate Counsel Services at LexisNexis Martindale-Hubbell. (Corp Counsel)

Editor: Can you give us some examples of how social networking provides value to legal professionals in their professional lives?

Lipsey: First, social networks help professionals develop and grow wider networks - global networks that they can call upon for any number of needs. We know that lawyers are greatly concerned about relationships and getting to a trusted source that has information they need - a referral, perhaps, or expertise in a particular area. Professional networks allow lawyers to find other lawyers and legal professionals who can help them solve a problem.

Professional networking also provides a secure environment to allow those professionals to collaborate in a trusted way. People can engage in online discussions and showcase their expertise. Corporate counsel can maintain a level of visibility within the legal profession and can also extend the resources they have by tapping into the network. This is important in today's economy. We know that frequently corporate counsel, especially those in smaller legal departments, are truly crunched in terms of cash, resources and time, so having an immediate resource that is available 24/7 - a place where they can find people who have answers to their questions - creates efficiencies they wouldn't otherwise have.

And applying the social network concept to the legal community:

Editor: Your survey also found some interesting differences between how corporate counsel use online social networking as compared to private practice lawyers. Can you give our readers some examples of those differences?

Lipsey: In general, corporate counsel are interested in using online networks to access unique content and tools that will help them do their jobs more efficiently, effectively and at lower cost. In other words, they're looking for access to resources. We forget that even though corporate counsel are practitioners, they tend to operate as relatively small departments within large companies whose business has nothing to do with the practice of law, so they often don't have as many resources as, say a private practice in a large law firm. A professional network can provide them access to low-cost information while helping them maintain visibility in their profession.

Private practice lawyers, not surprisingly, are interested in finding new clients; their networking interests focus predominantly around looking for opportunities to get in front of prospective clients. Private practice lawyers can also be a resource to corporate counsel by providing unique and needed content. They can showcase their expertise by acting as a resource to corporate counsel online, perhaps putting them top of mind to corporate counsel when buying decisions for legal services happen to come up. Within a professional network such as Martindale-Hubbell Connected, the diverse interests of both in-house and outside counsel can actually be met simultaneously through robust interaction on a legal-only network.

Woman in Black author Susan Hill, and memoirist Rick Gekoski reflect on the influence of literature in shaping their lives, from Enid Blyton to Roald Dahl. Review by Michael Arditti (Telegraph)

The two writers take very different approaches and choose very different books. Hill picks hers seemingly at random, in the process producing an impressionistic autobiography. Gekoski starts with the Dr Seuss books of his Long Island childhood and ends with his own recently published works. Hill includes mostly novels and spiritual writing; Gekoski an almost equal balance of fiction, poetry, philosophy and psychiatry. His writing is the more intimate, hers the more personal. He offers penetrating portraits of his parents, ex-wife and children; she offers fascinating sketches of literary and artistic figures she has known while vouchsafing little of note about her husband and daughters (indeed, her most rounded family portrait is of her great aunt). Yet both authors afford highly revealing glimpses into the book-lined recesses of their minds.

They each use their chosen titles as a means to recall and record the past. Dorothy L Sayers’s The Unpleasantness at the Bellona Club brings back memories of Hill’s student days when she lived with “a minor order of rather haughty and snobbish nuns” in a Kensington lodging house that boasted every Penguin detective story; Francis Kilvert’s Diary of her friendship with its enigmatic editor, William Plomer; and Great Expectations of family holidays in Southport.

Giles Coren: The barcode is nothing to celebrate. It killed off the traditional shop and gave us the checkout girl. And what’s with a 57th anniversary anyway? (Times)

And we know about it, of course, because Google decided to commemorate it in its “doodle” du jour. And that is how we come collectively to know things about our days now. Once, it was the church calendar that told us: everyone knew intuitively that it was Whitsuntide, Ash Wednesday or Michaelmas. Then it was newspapers, and we all knew what the headlines were. And then it was television, and we all knew that tonight we’d find out who shot JR. But now it’s whatever the hell some Korean kid in Silicon Valley feels like commemorating in a search engine logo doodle.

And so eight billion people, more or less, got up on Wednesday, logged on, saw a barcode where the multicoloured “Google” normally is, and thought: “Eh? What’s that? Oh, right, it must be the anniversary of the barcode. And that’s probably ‘Google’ written as a barcode.”

My mother said they had chickens - no geese though...

Wednesday, October 07, 2009

Panel Discussion - Lost and Found: A Practical Look at Orphan Works

On Tuesday, October 20th, from 6-8pm, the Art Law Committee and the Copyright and Literary Property Law Committees of the New York City Bar Association, in conjunction with Columbia Law School’s Kernochan Center for Law, Media and the Arts, will present Lost and Found: A Practical Look at Orphan Works. Please join us in the Association Meeting Hall at 42 W. 44th Street for a discussion of the latest proposals for use of orphan works, and particularly, orphan images.

Speakers:
Brendan M. Connell, Jr., Director and Counsel for Administration, The Solomon R. Guggenheim Foundation
Frederic Haber, Vice President and General Counsel, Copyright Clearance Center, Inc.
Eugene H. Mopsik, Executive Director, American Society of Media Photographers
Maria Pallante, Associate Register for Policy & International Affairs, U.S. Copyright Office
Charles Wright, Vice President and Associate General Counsel, Legal and Business Affairs, A&E Television Networks

Moderator: June M. Besek, Executive Director, Kernochan Center for Law, Media and the Arts, Columbia Law School

The program is free and open to all. Please register at HERE