Your Are More Likely to Get Shot That Have Your Book Stolen
By Kate Harper
All Rights Reserved © 2011 Kate Harper
Smashwords Edition
You are more likely to be killed in a car wreck or by a firearm*, than to have your book stolen. Not to be morbid, but I want to get the attention of writers who live in fear of content theft.
I know everyone has a horror story, and I have heard many of them. And yes I have even had my art stolen (by the average clueless person) and I'm still alive.
Don't just listen to stories that blow things out of proportion and create monsters in your mind.
The statistics below are based on information I spent hours tracking down and analyzing from reliable sources such as government websites and national arts organizations.
Finding statistics on "stolen" books can be tricky, because some things we call stolen are merely misuse: Someone posts your content on a blog, puts it on their website or emails it to someone. The financial impact on the artist is minimal. There is a big difference between that and having a company illegally sell it.
I found the best way to look at copyright theft seriously, was to look at filed infringement claims.
Here are the facts:
About 600,000 copyrights are registered a year in the United States.
Spreigel and Associates Attorneys
http://gotopatentlawfirm.com/wordpress/copyrights/
There were about 1,700 copyright infringement claims (less than 1%) filed in 2010.
Justica Dockets and Filings
http://dockets.justia.com/search?nos=820&after=2010-01-01&before=2011-1-1
FACT: When comparing ratios of copyright infringement claims against filed registrations, they are about 1/3 of 1%, which means you are more likely to die as an occupant in a car accident* (1 in 303) or get killed by a firearm *(1 in 306) than get your book stolen (1 in 352).
National Safety Council Injury Facts
*http://www.nsc.org/news_resources/injury_and_death_statistics/Pages/TheOddsofDyingFrom.aspx
In fact, if we had stats on the break out of "writers" versus other creative categories (architects, artists, musicians), and also infringement "claims" versus "settled suits", this ratio could result in it being a lot less likely you will get your book stolen.
• Think it’s too expensive to file a copyright? If you file online, it’s only $35. That is less than any one of the following: a night out at dinner, a dozen Latte’s at Starbuck’s, your monthly phone bill or one month of some Netflix plans.
• Think copyright infringement claims are a bad statistic to represent theft because you would never make a claim? Then why did you register a copyright? Aren't you willing to enforce it?
• Think you would never go to court because lawsuits are an expensive courtroom battle? Then note that statistics show only 1% of the copyright cases ever go to trial. Most were settled out of court and filer won a majority of the time. http://bjs.ojp.usdoj.gov/content/pub/ascii/ipt02.txt
(M.J. Bogatin, Arts and Entertainment Attorney) "I always consider the prospect of taking on claims on a contingency fee basis. Even if we can't collect from the infringer, if there is a third party user that does have financial resources, we can look to recover from them. Only on rare occasions is a registered copyright holder left high and dry."
• What about people who steal your work on the Internet and share it? I had this happen several times with my art and in every case it was a clueless sloppy person who needed a cease and desist letter to wake them up. It wasn't the end of the world for them, or for me. All it did was make me temporarily irked and hopefully taught them a powerful lesson. At least that was my conclusion after receiving letters of apology.
• Do you fear a big corporation will steal your work and get rich off of it? Then just hope they make a lot of money. Your attorney would love to sue them, and hand you a big fat check.
• Concerned about international theft? Sue the company that imports the work.
I specifically asked this question to two attorneys who deal with Intellectual property and international law, and here is what they said:
(Paul Reidl, Attorney) "The importation of fakes and knock-offs into the United States from China can be dealt with under the Copyright Act and other statutes. So if a U.S. company buys or sells fakes in the USA, the copyright owner can go after them in the USA."
(V.C. Matthews, Attorney) "You can prevent a U.S. company from importing and selling infringing products. You can use the concept of parallel imports and the Trade act and stop the importing products. Infringing material can be stopped at the ports or points of entry itself. "
• Also remember, when you see something that looks like your work, it may not be stolen. With all the people in the world, it's really possible for two people to create a similar body of work. Ask them before you assume the worst.
• Most of the people I know who have been burned, experienced much more emotional trauma over the event than any financial loss.
• The thing I fret over more, are creative people who don't register copyrights and ones that agree to "give away" all rights on a contract. In the design world one piece of art can actually generate hundreds of thousands of dollars for a company when applied to multiple products over time. That is a much bigger loss than having something stolen by a random person.
We should avoid putting terrible stories up on pedestals to be our guiding lights. They don't happen as often as we fear and focusing on them does not help us. Just like overly sensationalized crime stories: they are rare, they are terrible, the news talks about it for days and then we think it is happening everywhere all the time.
If you have been burned, or are hurt or angry with someone who used your work, just remember you are not the only one this has happened to.
How many of us have 'borrowed' someone's software to load on our computer, or burned a copy of a DVD?
You think those things aren't that big of a deal? Perhaps the person who stole your work thought the same thing. We all make mistakes, so try not to put too much emotional energy into it. You can either do something about it legally or not, but eventually you need to move on so you don't hold your creativity hostage over a bad experience.
Resources:
How to Register Your Copyright Digitally: Article
Artist who used social media to expose and stop violators.
Don't be a Legend in Your own Mind, by Joan Beiriger
US Copyright Office.
How to Write a Cease and Desist Letter
Paul Reidl, Attorney http://www.paulreidl.com/
V.C. Matthews, Attorney http://www.linkedin.com/in/vcmathews
~
Kate Harper is a product designer and has written for Lark Books, San Francisco Examiner, and National Public Radio, along with several independent publications. Visit her ebook blog for writers, ebook Chatter http://ebookchatter.blogspot.com/ to learn about trends, tutorials and news for ebook authors. She can be contacted at kateharp@aol.com
Kate’s e-books include:
How to Publish and Sell Your Article on the Kindle
Topics include: how to determine pricing, pros and cons of book covers, how to represent articles accurately in e-Reader bookstores, tips for avoiding unnecessary costs and how to publish your article simply, without learning HTML coding or using conversion software.
How to license your art to companies that publish greeting cards, and manufacture coffee mugs, magnets, wall hangings, kitchen items, and dozens of other gift items. It includes topics on: How to find agents, classes and what trade shows to attend. There are extensive resources on social media, licensing community groups, and lists of interviews with professional designers
7 Mistakes Greeting Card Writers Make
A
list of things to avoid when submitting greeting card verse to
publishers. Includes a list of card publishers, guidelines, writer
interviews, articles, card samples. This article talks about how to
create a trendy card that reflects the contemporary world we live in,
and how to use our own personal experiences to create great card
verse. Topics include: how to avoid limiting the market of who could
buy your card, when to use adjectives, how not to creating card for
enemies, how to write like people talk and a list of why card
sentiment submissions are often rejected.
Unusual Ways To Market Greeting Cards.
A booklet on how to get your cards noticed in non-traditional ways. Everything from why you should send cards to your dentist, to how to get special features in national publications. Great tips for designers who are starting out and want to get their cards into the hands of people beyond friends and family. Special Section: A list of 22 Gift Industry Trade Publications who seek out new greeting card designs and feature artists for free.
A 19-page booklet on how to break the rules on a cruise ship. Learn how to be a frugal traveler, avoid bad entertainment, not dress up, and what you should bring that isn't in the brochure, and best of all, how to take advantage of what's available. Also personal recommendations on budget booking, specialty cruises, solo cruising, best kept secrets, and where to find good cruise reviews.