Saturday, November 14, 2020

Sudden Death

If you do a DuckDuckGo search, you will have a hard time finding a definition of "sudden death" that involves bad luck and sportsmanship... or lack thereof. You will need to include a term such as "playoff" in your query.

Today, I am writing about the last gasp of the CASE Act, which has been apparently successfully smothered to death by being sat on by Oregon senator Ron Wyden and needs emergency resuscitation; the Legacy Kit from the SFWA; the focus at Authors Guild on the Death of the Author (owing to rampant overreach by internet giants), and the hidden perils of promoting ones book or other product through illegal contests involving luck or minimal "skill".

You see, it is all copyright-related, but grim, nonetheless.

If you follow this blog and do not support the SFWA, perhaps you should make joining a New Year's Resolution. It is a very useful professional association, and the dues are tax deductible.  They have just published a Legacy Kit, which is a wonderful, 28-page resource for authors interested in being prepared for their own sudden death and authorial immortality.

The Authors Guild is hosting a webinar on November 17th, called "The Death of the Artist: How Creators Are Struggling To Survive In The Age Of Billionaires And Big Tech".

The blurb:

"In the age of Big Tech and the gig economy, how can writers and artists survive? It’s never been easier to publish a book or make your art available to the public, but at the same time, the pay has never been lower."

Of course, the pay will never improve as long as writers have rights without meaningful recourse to the courts and the ability enforce their rights.  Which is why the Copyright Alliance is encouraging one final push by all creators and artists to implore their senators to pass the CASE Act, SW.1273.

Their blurb:

“Copyright Alternative in Small-Claims Enforcement Act of 2019” (the CASE Act) — a bill that would create a “small claims court” within the U.S. Copyright Office to handle copyright infringement claims from individual creators and small businesses that cannot afford to defend themselves in federal court."

Their link:

Desperate to survive financially, many authors use legally questionable methods to promote their books, including illegal sweepstakes and contests that lack the fig leaf of legality. When the "skill" involved in a "contest of skill" amounts to little more than figuring out 2+2, it is little more than a game of chance. Depending where a contestant lives, a "consideration" (price of entry) might only be a "like" or a "follow" or a review on social media, but those things are "of value" to the author and therefore, to stay on the straight and narrow, the author must allow would-be winners of the prize, whatever it is, to enter in an alternative manner without providing the review or like or follow.

There is a lot more to it.  Legal bloggers Kasey Boucher and Matthew D. Stein, for the law firm Pierce Atwood LLP explain their top Ten Common Mistakes When Conducting Sweepstakes Or Contest Promotions On Social Media.

Lexology link:
Original link:

If you don't believe that you've been doing it all wrong these past many years, and would like a second legal opinion, or are especially concerned about Facebook, legal blogger David O. Klein of Klein Moynihan Turco LLP has just the ticket for you....metaphorically speaking with Planning On Running A Facebook Sweepstakes? Here's What You Need To Know.

Original link:
All the best,
Rowena Cherry   

No comments:

Post a Comment