Thursday, July 09, 2009

Turning Primitive

My latest novel, Primitive, sees publication July 15 in trade paperback from Delirium Books (a 150 copy signed limited edition hardcover sold out many months ago). It's roots, however, go back at least seven years.

Like many writers, most of the ideas I get for novels and short stories start with a simple 'what if?' notion. This particular 'what if?' crossed my mind on my commute home from work one late summer afternoon in 2002. I was at a stop light, the radio playing Linkin Park or some other Nu Metal band, and as I sat in my car simply watching traffic and pedestrian patterns I suddenly thought, what if out of all these hundreds of people going about their way in a very civilized fashion, there was maybe two people running around like wild monkeys? I mean, literally wild...unclothed, uncouth, relieving themselves at will, maybe stopping to engage in copulation in the middle of the street or attacking random pedestrians...whatever...

It's a ridiculous notion, to be sure, but many ideas start with something totally ridiculous. To wit: what if the world's population was wiped out by the flu? (The Stand by Stephen King); what if there was only one man left on earth to battle vampires? (I Am Legend, Richard Matheson); what if books were illegal and firefighters were no longer responsible for putting out fires, but are now charged with the task of burning books whenever an illegal cache of them was found? (Fahrenheit 451, Ray Bradbury). You get the idea.

The image stuck with me and remained with me for five years. In the beginning that's all it was; a simple image without a narrative focus, lacking any direction whatsoever. I had numerous questions about this simple scenario: how could such a thing happen? How would everybody react? Are there more wild people lurking about? These questions and more would come to the surface, but I couldn't answer them, at least not at the time. I was writing other novels and short stories (The Beloved, Bully, many of the stories in When the Darkness Falls, Clickers II, Hero, and the forthcoming The Corporation, among other things). My focus was on them, not this half-baked idea that I would occasionally revisit while at this same stop-light where the inspiration first occurred to me.

But at some point I started sketching out the scenario in my common-place book of ideas, elaborating on it, coming up with possible scenarios as to why this could happen. The first scenario, and the most obvious, was that it was caused by a virus. Something was introduced to the atmosphere or the food supply chain that affected the central nervous system, effectively eliminating the part of our brain that has become 'civilized'. It was at that point that I started researching brain and nervous disorders, everything from rabies to schizophrenia. The idea at this point was still in the back of my mind. I was still working on other projects, but by this time (mid 2006, perhaps), a more or less linear plot-line was beginning to develop--a handful of survivors trying to live in a world suddenly gone mad. It was a plot device that had been tackled numerous times before, by writers I admire very much. The film 28 Days Later and the novel Blood Crazy by Simon Clark came to mind (for the record, I have never read Blood Crazy, but I was familiar with the plot). However, I felt my idea had a more unique take on the theme of survival in a post apocalyptic world, essentially the supernatural elements that were beginning to develop, so one day in the Spring of 2006, I decided to tackle it.

The result was a novella called "The Power of the Primitive".

Why a novella? The most obvious reason was the idea did not originally lend itself to novel-length. The original ending in the novella was rather ambiguous; I wanted to end it on a sense of uncertainty, and that fit the novella perfectly. I also had an interested publisher who was very eager to read the piece and publish the novella when it was completed, and since I was motivated by that dangling carrot of a home for the piece (and the paycheck that went with it), I set forth to complete it.

This point in my career was rather interesting. My novel Bully had been published in February of 2006 and became quickly overshadowed by a reprinting of Survivor by Leisure Books. I was working on Clickers II with Brian Keene, was starting a collaboration with Wrath James White on Hero, and had finished The Corporation some months before. I was also tinkering with two other novel-length ideas, one which eventually became Back From the Dead (now finished and simply waiting for me to send to my publisher), the second which I hope to revisit at a later time (this one is currently untitled but I call it my El Paso, Texas novel, which friend and proof-reader, Tod Clark, an El Paso resident, keeps pestering me to finish for obvious reasons). Due to the high visibility of Survivor, I had gained many new readers who were clamoring for more books exactly like Survivor, something I found frustrating since I normally don't write what is called "extreme horror" (or the literary version of 'torture porn', whatever that is). I like to explore different genres and sub-genres, and while I certainly won't shy away from gore or extreme subject matter, I typically don't seek it out in order to build a story around it. Regardless, new readers wanted more of the same (and others were probably turned off by Survivor; many of them found Leisure's follow-up, The Beloved, much more to their liking) and I was already exploring new territories. So what to do?

I finished the novella and began to wonder what would happen to the characters. David Spires was a writer, the third character cursed with that particular occupation in my canon of work (Rick Sycheck from Clickers and Elizabeth Baker from The Beloved being the other two). Their home in the hills overlooking Pasadena was familiar territory for me, as I used to live in that city (and still miss it). I had come to like the supporting characters very much; David's wife Tracy, Lori West, the African-American businesswoman, and Martin Hernandez, the gay fifty-something man who could very well have taken over the story had I not already established David Spires as the main character; James Goodman, History Professor at the local college; Wesley Smitts, the ex-Military man they meet up with. I even liked the very flawed, very screwed up, Heather Young, for the very reason that she was flawed and screwed up. These characters had come alive for me in such a big way that I wanted to see what happened to them in this dark world. The ending of "The Power of the Primitives" ends with the narrator, David Spires, opining that they would have to hide from the unnamed force they all feel is influencing and "powering" the primitives. This unnamed force had no name yet, but its visual representation was carved on tree bark, written on rock walls, and had become familiar to them all. I felt this supernatural presence (which I still had no idea would be rooted in standard Christian-Judea mythos or not) would only become more powerful as the primitive's collective belief structure became grew stronger. So not having much else to do but see what would happen next, I began tentatively writing again, starting at the point where David and his clan entered Montana and found the cabin.

In the meantime, the aforementioned publisher that was so gung-ho about the project, who liked the initial pitch and outline, who liked the first thirty pages of the novella, was no longer enthusiastic. "The Power of the Primitives" was rejected with an excuse that still puzzles me, which I won't go into here (to do so would spoil an important plot point). Needless to say, it was the first time I'd ever received a rejection based off a character's motivations and personality. The editor was very "bothered" by this character and "really loved" the novella as a whole, but ultimately decided he had to pass on it because, well, this character simply made him feel uneasy.

This editor apparently had no problem with Survivor and the characters of Animal and Tim Murray, two of the most evil, soulless men I've ever made up.

Naturally, I was a little disappointed at this decision. I didn't agree with it, but the unnamed editor had a right to his opinion and how to run his press, so there was no need for me to argue the point. By then, I'd expanded the original novella to the point where I felt a good full-length novel could come out of it. There was no reason to continue trying to market the novella version when the novel was coming along so strongly.

With that, the novella-length version was left in the dust and I continued work on the novel. The Neanderthal-genome that was hinted at in the novella was further developed, and with it came a speculation on primitive man's belief systems, which are largely unknown. What better way for a writer of fiction to use what scant information we have from the archaeological record and make stuff up? I took advantage of this and speculated away. This helped me develop the supernatural presence, which was now not only stronger than ever, but had a purpose and a name - Hanbi, an ancient Sumerian demon said (according to some ancient Sumerian texts) to be the father of Satan.

Anthropologists have many theories on primitive man's spiritual beliefs, largely based on the scant archaeological record. Neanderthals, in particular, were said to posses some form of spiritual belief as evidence by remains found that indicate burial ceremeonies were conducted. Naturally, this leads many anthropologists to speculate Neanderthals held some form of belief in an afterlife. What kind of afterlife, though? And if they believed in an afterlife, what kind of gods did they believe in? Did their spiritual pantheon include various totem gods (god of air, fire, and water, which were common beliefs)? Did they have an evil god? If so, what was it? Suppose it was more than a god, but an actual supernatural being that really existed but then later died out when Neanderthals became extinct?

These questions and more swirled in my head as I wrote the last part of Primitive. While I unearthed many answers to these questions while writing the novel, I wanted much of them to be left as vague as possible due to my character's predicament. All four of the adult main characters are, for the most part, well-educated people, but they're hardly experts on the subject of ancient man's spiritual beliefs. They do learn about it, though, and it is through this sense of trying to find out what they're up against that the reader learns a little more too. This gave me the opportunity to mix the scant information available on Hanbi with fiction and explore the theme of belief in a higher power -- that age-old proverb that states that faith can move mountains. Only in this case, faith in something, in this case an evil supernatural devil, can have dire consequences.

Likewise, I used the hotly debated topic of the Neanderthal genome in this story. In July 2006, the Max Planck Institute for Evolutionary Anthropology in Germany and 454 Life Sciences in the United States announced that they would be sequencing the Neanderthal genome over the next several years. At roughly 3.2 billion base pairs, the Neanderthal genome is about the size of the modern human genome. Modern human and Neanderthal DNA appear to be 99.5% identical (compared to humans sharing around 95% of their genes with the chimpanzee). Later that year, two research teams working on the same Neanderthal sample published their results, which were received with some criticism, mainly surrounding the issue of a possible admixture of Neanderthals into the modern human genome. The speech-related gene FOXP2 with the same mutations as in modern humans was discovered in ancient DNA in the El Sidron 1253 and 1351c specimens, suggesting Neanderthals might have shared some basic language capabilities with modern humans. This led some in the scientific community to hypothesize there might have been some inter-breeding between Neanderthals and early homo sapiens. Others found no evidence of this, but scientists agree that the data set is just not large enough to give a definitive answer (recent evidence suggests homo sapiens may have eaten Neanderthals for dinner rather than cross-bred with them), I wanted to use the idea of a possible inter-breeding between Neanderthals and homo sapiens as just another way for the characters to try to attempt to understand why this was happening to them.

Astute readers will recognize the name of a minor character in this novel as bearing the same name as former Whispers editor Stuart David Schiff. Nine years ago, Stuart had won an auction hosted by Shocklines.com to have his name and likeness appear in Clickers II, which at the time was in the planning stages. Stuart was to have been killed in Clickers II. However, due to a glitch in how the auction was run, Stuart never appeared in Clickers II. His name (but not his likeness...as far as I know) appears as a character in Primitive, though, and I hope he enjoys his fate in this book a great deal more (he was to have been devoured by monsters in Clickers II!).

Knowing that Primitive had a mix of thriller, horror, and SF elements, I felt it would be my most accessible and, thus, my most commercial novel ever. I was proud of the finished product. Unfortunately, my mass market paperback publisher felt otherwise -- they liked it a lot, mind you, but it was not straight horror fiction, which is what they wanted from me. Befuddled by this response (straight up horror fiction does not sell as well as thrillers with a slight SF/horror undertone), I took the novel elsewhere, to Delirium Books, specifically, because I had a long relationship with Shane Ryan Staley going back to 1998 and felt he could give the book justice. He snapped it up immediately, and here it is.

Monday, July 06, 2009

Promotion

Here's a quick update to let you all know of some upcoming signings and events.

Sunday, July 19, 2009 8:00 PM EST - Online Chat - Horrormall Chatroom

Monday, July 20, 2009 - PODcast - Dread Media

Saturday, July 25, 2009
Booksigning
Borders Express
1-4 PM
3587 Capital City Mall Dr
Camp Hill, PA 17011-7011
(717) 737-4298

Saturday, August 15, 2009
Booksigning
Waldenbooks
22nd and Cumberland Street
Lebanon, PA 17042
w/ Brian Keene and dozens of others

More booksigning dates in York and Lancaster PA will be announced shortly, as well as more on-line chats, contests, and much more!

JFG

Wednesday, June 24, 2009

BEA Wrap-up; To Live Is to Die

The past few weeks since returning from BEA have been incredibly busy for a number of reasons; extreme work deadlines on several projects and visiting family members have put a severe cramp in extra-curricular activity like this blog. Now that the family members have left and I've gotten caught up with work, I can dwell a little more on BEA.

If you remember from my last post on this topic, I lamented on the fact that I felt the mass market publishing industry was (and has been) in a sense of change. I've felt this way for a while now. Many of us involved in the world of mass market book publishing, especially writers, have been witness to this slow change for over a decade. This change was very evident at BEA this year. If you were a newly published mid-list novelist attending BEA for the first time, you'd probably come away from the event thinking it might be time to get into another line of work...in the service industry, maybe, or as a plumber or maybe even healthcare.

However, there were some bright spots. The aforementioned Espresso machine from Lighting Source was one. Another was the many small and regional publishers on display who seemed to be taking up the slack for the mid-list. Many of these publishers are in the early stages of putting out books that would be attractive to any serious writer or reader of dark fantasy, crime, thrillers, or horror fiction...and best of all, they are not the typical small press fare. The packaging is attractive, the books clean and professional looking. A good example of this was was Medallion Press. When they debuted a few years ago, their books had the same general look. The new releases they had on display at BEA are a very attractive. I was especially impressed with their hardcover release of Ronald Damien Malfi's novel Shamrock Alley. The book is so impressive looking that people were lined up outside the Medallion booth to snag an autographed copy. My assessment after leafing through the inside jacket flap and the first few pages is that this novel is a winner, both content-wise and through its overall packaging (now if I can only get through the rest of my To Be Read pile so I can read it). Medallion is just one publisher that seems to be taking up the midlist slack and I hope they succeed.

One of my assessments from this year's BEA was that it seems that for a publisher to survive in today's publishing climate, they have to be a niche publisher. While the large NY houses seemed to feature the same big Brand Names, the more exciting material was being offered by niche publishers: African American, or Urban fiction, was big with several publishers; another was so-called "paranormal romance", especially those involving vampire/werewolf/were-whatever detectives, policemen, doctors, lawyers...well, you get the idea. Yes, this particular niche has been around, slowly gaining traction since the mid 1990's, but it is even more popular now.

The fields of Non-fiction were rife with niche subjects too, everything from popular culture, history, hobbies, and other subjects. One publisher's booth I visited was Jaw Bone Press, who specialized in books on rock music. The week before, I'd read a review of a biography on drummer Bill Bruford on Neil Peart's website (his aptly named Bubba's Book Club, a review site written and maintained by Neil) and was intrigued enough to file the title away in the back of my mind. Jaw Bone Press had the book on display, as well as others (Metal: The Definitive Guide, Lennon and McCartney, among others), but one title clearly leaped out at me: To Live Is To Die, the Life and Death of Cliff Burton.

Since many of my readers are huge Metallica fans, I feel compelled to share with you my feelings about this book. I cannot recommend it highly enough. Having been lucky enough to have seen Cliff play live with Metallica several times, reading Joel McIiver's authorized biography on the late bassist sparked a feeling I can only describe as nostalgic and bittersweet. I usually like and appreciate biographies, especially those that provide a nice, well-rounded, personal tone to the subject of the book. McIver's book provides all that and makes you wonder what Metallica (and Cliff himself) could have accomplished had his life not been so tragically cut short from the terrible bus accident in Sweden that ended his life in 1986. Many die-hard fans will be surprised to learn that those close to Cliff feel that had he lived, Metallica would probably have evolved to the musical landscape they explored on 1991's Black album (which many old-time fans hate because of its commercial leanings toward stripped-down, blues-oriented hard rock/heavy metal). Throughout the book, McIver simply lets those closest to Cliff reveal the complex, intelligent, and thoughtful man he was.

You can get a copy of the book here.

Trust me...all of you who read my stuff who love Metallica will want to read this book.

JFG

Thursday, June 18, 2009

Primitive up for pre-order

The trade paperback edition of my novel Primitive is now up for pre-order. However, if you can't wait for the paperback edition, the ebook (PDF Digital Download and Kindle Edition) is available for immediate download now.

Go here to place your order.

And be sure to tell all of your friends.

JFG

Writing Advice

To everybody who has ever asked me for advice on any writerly-related topic, especially as it pertains to dark fantasy and horror fiction, I urge you to pick up this book: Writer's Workshop of Horror, edited by Michael Knost.

It contains an original essay by yours truly, as well as worthwhile essays and advice from many of my friends and esteemed colleagues: Stephen King, Gary A. Braunbeck, Joe R. Lansdale, Brian Keene, among many many others. You can get your copy here.

Saturday, June 13, 2009

Horrible Saturday

Next Saturday, June 20, 2009, I will be appearing at the York Book Emporium in York, PA for their annual "Horrible Saturday. If you live within the York/Lancaster area, please stop by. My appearance is from 1:00-2:30 or so. I will have copies of various titles on hand for purchase and signing, and I'm supposed to talk about something...I have no idea on what topic, but that's not the point. Come see me make a complete idiot of myself anyway, get some books signed, and we'll have fun. Click here for details.

More thoughts on BEA and some of the good things that came out of it in a few days.

JFG

Thursday, June 04, 2009

The Downward Spiral


No, not this is not in reference to the Nine Inch Nails album of the same name. Nor is it in reference to my career, which is actually okay now; not great, not down in the dumps the way it was six years ago when after a handful of novels sold and published I couldn't sell a goddamn thing for a good year or more. Instead, think of this title as an allusion to the publishing industry itself.

Many of you have heard this from other sources, and the news is the same: publishers (the mass market NY industry, at least) is suffering incredible losses; book sales are down overall; Borders is on the verge of closing; Barnes and Nobles has seen flat sales; the sales numbers of best-selling titles is down overall despite the sales figures of flavor-of-the-month titles like the Twilight Series, Harry Potter, and whatever self-help tome touted on Dr. Phil or Oprah (last week, on the train ride home from New York, I jokingly told Brian Keene that I could probably get rich by writing a diet book called "Lose Weight With Cocaine"; it was a joke, but in hindsight it might actually sell...). And let's not forget what many of us in the industry have been hearing (and witnessing first hand) for years--the death of the mid-list title.

Combine all that with our topic from a few weeks ago--Google's plans to rewrite copyright law to their benefit--and you've just experienced last week's Book Expo America (BEA) in New York.

My first BEA experience was over a decade ago, in Anaheim, California. BEA has always been the place to gauge where the industry is heading. It is also a place to gauge the current conditions of publishing. Normally, publishers are out in droves at this event, promoting their lists to distributors, bookstore buyers, and others in the form of review copies, catalogs, and other promotional materials. Things were way toned down this year. Many of the bigger publishers didn't have booth space this year, and those that did were scaled back. I did a lot of eavesdropping at this event, and I heard more than one executive say that the industry was in dire straits. I heard this from Random House suits to independent presses. A very well known graphic novel publisher lamented the same thing.

Couple this with the Google thing and it made for a depressing event. If you were a first time novelist who'd just sold a first novel that was getting typical mid-list treatment, you'd probably come away from this event thinking about going into another line of work--the service industry, maybe.

There were some bright spots, though. While mid-list titles and authors were seriously lacking in promotion and display from the larger NY houses at BEA, the independent presses who were on hand appeared to be picking up the slack. I also sensed a big shift towards co-op publishing, POD printing, and direct marketing. POD printing, in fact, seems to be gaining in popularity with many publishers large and small. Long disdained by traditionalist in the industry, POD may be the technology that saves the industry, as witnessed by Lightning Source's display booth, clearly the largest at the event. It was here that Lightning Source unveiled it's Espresso machine. About the size of one of those copy machines you find at a Mail Boxes Etc., the Espresso machine is being heavily marketed to bookstores for the purposes of printing POD titles at point-of-sale.

Want an example? You've been telling your mother-in-law that she has to read my books. She's picked up my mass market titles, but can't find any of the small press paperbacks at her neighborhood Big Box store and she isn't really into placing special orders (much less ordering from Amazon.com; yes, people like that do exist, and they comprise most of the book buying public). With the Espresso machine at her neighborhood Big Box store, she can ask the bookstore clerk for Clickers and Clickers II (both POD paperbacks from Delirium Books). The clerk brings up the titles on the system, sends the files to the Espresso machine and within minutes both titles are printed, bound, and they're in her hands. The production quality is the same as she'd get if she'd special order them (and they were printed from Lightning Source's Tennessee plant). Just as important, she's satisfied that she has the books and the sale is made that much quicker. What's not to like?

There were other bright spots amid the doom and gloom, which I'll highlight in future installments. Suffice to say, as Bob Dylan put it, "The Times are a Changing." If you're a mid-list paperback novelist, it's time to adapt or die. Myself and many of my colleagues have seen this coming for several years now. Change has never been so evident in publishing as it was at this year's BEA.

Time to take a deep breath and wade in.

JFG

Thursday, May 07, 2009

Not Good

I had been peripherally aware of Google's plan to scan the books held in public and University libraries (public domain works) for some time, but for some reason the specifics of the case have eluded me until recently - http://en.wikipedia.org/wiki/Google_Books

I began hearing rumbles about this from various colleagues and friends a week or two ago. When I finally turned my attention to it, I learned Google was planning to scan all books, including those under copyright, and offer what they call "snippets" (excerpts) online. Future plans calls for Google to allow third-party vendors to utilize their database of scanned books to do whatever they wish, and, some say, to allow for a Print On Demand program that will allow readers to purchase a POD trade paperback edition of the book through Google.

Since when did Google become a book publisher?

The most important question, though, is who does Google think they are to hijack the personal property of millions of writers?

In the fall of 2005 the Author's Guild of America and the Association of American Publishers separately sued Google, citing "massive copyright infringement." (no shit!). Google countered that its project represented fair use (um...no, it isn't) and is the digital age equivalent of a card catalog at a library with every word in the publication indexed (not really...libraries only index things like book titles, subject, and the author; they don't index entire text of books). As of this writing, the full text of public domain works (not sure how much) is available online at Google (Project Gutenberg has been doing this kind of thing since the late 1990's), and has entered into agreements with select publishers to scan in-copyright books (this is only allowable if the publisher holds electronic rights) and include so-called snippets of the works online. Amazon has a similar program, which is akin to a buyer reading a sample at the store (something I have no problem with).

If I have no problem with Amazon offering brief excerpts of my work online for potential readers, why get upset at Google for doing the same? Simple. The Amazon program is entered into by mutual agreement between publisher and vendor. As a writer and copyright owner, I have granted a license to my publisher to display brief excerpts of my work for promotional purposes. That license limits the publisher what they can and cannot do with the excerpts. This includes the Amazon "Look Inside" program. In turn, publishers have entered agreements with Google to allow the internet giant to display those excerpts online at google.books.com (which they are entitled to do due to the contracts they enter into with the writers they've licensed the rights from). Again, I have no problem with that, since I've granted my publisher the license to do so.

However, if Google has their way, they will not be entering into a license with me to display excerpts of my work. Google has bypassed this by walking into the party and doing whatever the hell it wants to. Publishers and many writers maintain that Google has no right to copy the full text of books under copyright and save them, in large amounts, to their database. According to the U.S Copyright Act, this constitutes Copyright Infringement.

Other lawsuits have followed and are still pending. But the one I cite above has been settled in late 2008.

And the settlement is a steaming crock of shit.

Google has agreed to a $125 million settlement to be paid to the rightsholders of books they had scanned, to cover the plaintiff's court costs and to create an entity called the Book Rights Registry. The settlement has to be approved by the court, which will occur sometime in October of 2009. As part of the settlement, Google has created a website that allows authors and other rights holders (like estates or heirs) to submit a claim by January 5, 2010. In return, they receive a minimum of $60 per scanned book and $15 per "insert" (short stories in anthologies, forewords, afterwords, introductions, etc). In return, Google can index and display snippets of the books, as well as display ads on the pages and make available for sale digital versions of each book. Authors and other copyright holders will receive up to 63 percent of all advertising and e-commerce revenues associated with their works.

For more of an unbiased view of what's going on, read the Wikipedia entry on the case.

For a pretty good breakdown on how copyrights work, check out this.

For a really insightful analysis of the Google Book Scan project, check out this.

Among other things, the lawsuit allows copyright holders to control how Google displays their work (the U.S Copyright Act already allows copyright holders to do this; Google is pissing all over it, attempting to rewrite it for their own benefit). According to the terms of the agreement, writers and copyright holders can allow Google to display small or large excerpts or hide the work entirely from public view. They can also control whether they allow Google to sell electronic or Print on Demand editions and they can set the retail price. Depending on the nature of what rights the rightsholder controls, in some cases the rightsholder can get up to 63% of the monies derived from ad revenue and copies sold.

For those whose works have fallen out of print, it can be found money. A lot of writers hold this opinion.

My opinion? The people at Google who came up with this horseshit need to be battered, deep-fried, and fed to cannibals.

To ordinary citizens who still don't see what the fuss is about and have no idea how intellectual property issues work, the most simple analogy I can offer you is this: let's say you make curtains. You have rows of curtains hanging in your storeroom. The curtains have unique designs and they all bear your brand name. People buy them from you, and they also come in to browse at their leisure and pick the design they want. You also, at times, make custom curtains for clients who special order them. You control the price, and you have also entered into separate agreements with other stores to sell your curtains.

Suddenly, Google comes in and copies the exact pattern and style of your curtains, all the way down to your brand name and logo and they display them in their store and allow people to buy your curtains from them. They also sell them to other vendors for resale. They have hijacked your curtains. They are keeping all the money they make from your brand name curtains. But because of a class action lawsuit by the Curtain Makers Guild, Google will now split a portion of the money they bring in from the sale of your curtains.

If your overhead was ten percent of the retail price, Google has just cut into your profit margin.

Not only that, they now control certain rights you are no longer privy to. True, you can hide your curtains from public consumption under the terms of the settlement...but your work is forever damaged economically. If another company comes along that you wish to conduct business with, Google has made it harder for you to reach a mutually agreeable business arrangement with the new vendor because, in essence, Google has already set the rules down in stone thanks to the courts. The new vendor knows this; they will want 40% off the retail price because they know that's what Google gets.

On April 28, 2009, the deadline for filing an opt-out of the class action lawsuit against Google was extended from May 5, 2009 to September 5, 2009. Two weeks ago, when I and many of my friends first heard about the extent of the lawsuit and Google's plans, we began scrambling to research every possible avenue. Luckily the deadline was extended (probably due to the very limited time window in the first place). Now writers and other copyright holders have until September 5 to decide if they want to opt in to the settlement (and receive the financial benefits I described above as it relates to the $60 per book and the revenue shares), or if they want to opt out entirely. If they opt out, they will not be class action participants, their books will not be scanned for future storage (and books that are scanned will be hidden from view). They will, however, be able to file a copyright infringement suit against Google in the future (opting in to the settlement bars copyright holders from suing Google for copyright infringement).

Most importantly, opting out of the settlement sends a clear message to Google - copyright holders, not Google, not the courts, decide how their works should be distributed, displayed, sold, etc. The control falls back to the copyright holder, who can do any goddamn thing they want with their intellectual property. They can give it away for free, they can charge a competitive market price, or, if they're successful, they can get as big a profit out of their work as they can. They can enter into any agreement they want, with publishers and other vendors, for however long they wish

Comments are welcome on this topic. I'd love to hear what you think about this important issue.

JFG