Posts and drawings from bluelily17

Light. Savers.

My art gets stolen all the time.

I have been through many copyright infringement cases - some have been resolved amicably, and there are ones that have taken more work. This case against Old Navy (Gap) is not getting resolved right now because Old Navy is denying copyright infringement. 

They are being totally unapologetic, and have said that it would be a “bad business decision” for me to expect to be reasonably compensated for the use of my art. Instead of compensating me, they have chosen to pay a large law firm to fight me, and have even asked the judge to order me to pay THEIR legal fees.

When a company as large and mainstream as Old Navy steals my art and profits from it, and is unapologetic about it, I cannot afford NOT to fight this. My lawyers and I will be fighting this for as long as it takes.

Thank you for all your support. Please feel free to repost this!  

Lili

I’ve decided to tell you guys a story about piracy.

I didn’t think I had much to add to the piracy commentary I made yesterday, but after seeing some of the replies to it, I decided it’s time for this story.

Here are a few things we should get clear before I go on:

1) This is a U.S. centered discussion. Not because I value my non U.S. readers any less, but because I am published with a U.S. publisher first, who then sells my rights elsewhere. This means that the fate of my books, good or bad, is largely decided on U.S. turf, through U.S. sales to readers and libraries.

2) This is not a conversation about whether or not artists deserve to get money for art, or whether or not you think I in particular, as a flawed human, deserve money. It is only about how piracy affects a book’s fate at the publishing house. 

3) It is also not a conversation about book prices, or publishing costs, or what is a fair price for art, though it is worthwhile to remember that every copy of a blockbuster sold means that the publishing house can publish new and niche voices. Publishing can’t afford to publish the new and midlist voices without the James Pattersons selling well. 

It is only about two statements that I saw go by: 

1) piracy doesn’t hurt publishing. 

2) someone who pirates the book was never going to buy it anyway, so it’s not a lost sale.

Now, with those statements in mind, here’s the story.

It’s the story of a novel called The Raven King, the fourth installment in a planned four book series. All three of its predecessors hit the bestseller list. Book three, however, faltered in strange ways. The print copies sold just as well as before, landing it on the list, but the e-copies dropped precipitously. 

Now, series are a strange and dangerous thing in publishing. They’re usually games of diminishing returns, for logical reasons: folks buy the first book, like it, maybe buy the second, lose interest. The number of folks who try the first will always be more than the number of folks who make it to the third or fourth. Sometimes this change in numbers is so extreme that publishers cancel the rest of the series, which you may have experienced as a reader — beginning a series only to have the release date of the next book get pushed off and pushed off again before it merely dies quietly in a corner somewhere by the flies.

So I expected to see a sales drop in book three, Blue Lily, Lily Blue, but as my readers are historically evenly split across the formats, I expected it to see the cut balanced across both formats. This was absolutely not true. Where were all the e-readers going? Articles online had headlines like PEOPLE NO LONGER ENJOY READING EBOOKS IT SEEMS.

Really?

There was another new phenomenon with Blue Lily, Lily Blue, too — one that started before it was published. Like many novels, it was available to early reviewers and booksellers in advanced form (ARCs: advanced reader copies). Traditionally these have been cheaply printed paperback versions of the book. Recently, e-ARCs have become common, available on locked sites from publishers. 

BLLB’s e-arc escaped the site, made it to the internet, and began circulating busily among fans long before the book had even hit shelves. Piracy is a thing authors have been told to live with, it’s not hurting you, it’s like the mites in your pillow, and so I didn’t think too hard about it until I got that royalty statement with BLLB’s e-sales cut in half. 

Strange, I thought. Particularly as it seemed on the internet and at my booming real-life book tours that interest in the Raven Cycle in general was growing, not shrinking. Meanwhile, floating about in the forums and on Tumblr as a creator, it was not difficult to see fans sharing the pdfs of the books back and forth. For awhile, I paid for a service that went through piracy sites and took down illegal pdfs, but it was pointless. There were too many. And as long as even one was left up, that was all that was needed for sharing. 

I asked my publisher to make sure there were no e-ARCs available of book four, the Raven King, explaining that I felt piracy was a real issue with this series in a way it hadn’t been for any of my others. They replied with the old adage that piracy didn’t really do anything, but yes, they’d make sure there was no e-ARCs if that made me happy. 

Then they told me that they were cutting the print run of The Raven King to less than half of the print run for Blue Lily, Lily Blue. No hard feelings, understand, they told me, it’s just that the sales for Blue Lily didn’t justify printing any more copies. The series was in decline, they were so proud of me, it had 19 starred reviews from pro journals and was the most starred YA series ever written, but that just didn’t equal sales. They still loved me.

This, my friends, is a real world consequence.

This is also where people usually step in and say, but that’s not piracy’s fault. You just said series naturally declined, and you just were a victim of bad marketing or bad covers or readers just actually don’t like you that much.

Hold that thought. 

I was intent on proving that piracy had affected the Raven Cycle, and so I began to work with one of my brothers on a plan. It was impossible to take down every illegal pdf; I’d already seen that. So we were going to do the opposite. We created a pdf of the Raven King. It was the same length as the real book, but it was just the first four chapters over and over again. At the end, my brother wrote a small note about the ways piracy hurt your favorite books. I knew we wouldn’t be able to hold the fort for long — real versions would slowly get passed around by hand through forum messaging — but I told my brother: I want to hold the fort for one week. Enough to prove that a point. Enough to show everyone that this is no longer 2004. This is the smart phone generation, and a pirated book sometimes is a lost sale.

Then, on midnight of my book release, my brother put it up everywhere on every pirate site. He uploaded dozens and dozens and dozens of these pdfs of The Raven King. You couldn’t throw a rock without hitting one of his pdfs. We sailed those epub seas with our own flag shredding the sky.

The effects were instant. The forums and sites exploded with bewildered activity. Fans asked if anyone had managed to find a link to a legit pdf. Dozens of posts appeared saying that since they hadn’t been able to find a pdf, they’d been forced to hit up Amazon and buy the book.

And we sold out of the first printing in two days.

Two days.

I was on tour for it, and the bookstores I went to didn’t have enough copies to sell to people coming, because online orders had emptied the warehouse. My publisher scrambled to print more, and then print more again. Print sales and e-sales became once more evenly matched.

Then the pdfs hit the forums and e-sales sagged and it was business as usual, but it didn’t matter: I’d proven the point. Piracy has consequences.

That’s the end of the story, but there’s an epilogue. I’m now writing three more books set in that world, books that I’m absolutely delighted to be able to write. They’re an absolute blast. My publisher bought this trilogy because the numbers on the previous series supported them buying more books in that world. But the numbers almost didn’t. Because even as I knew I had more readers than ever, on paper, the Raven Cycle was petering out. 

The Ronan trilogy nearly didn’t exist because of piracy. And already I can see in the tags how Tumblr users are talking about how they intend to pirate book one of the new trilogy for any number of reasons, because I am terrible or because they would ‘rather die than pay for a book’. As an author, I can’t stop that. But pirating book one means that publishing cancels book two. This ain’t 2004 anymore. A pirated copy isn’t ‘good advertising’ or ‘great word of mouth’ or ‘not really a lost sale.’

Making money off someone else’s copyright is always illegal. A ton of artists do it, and usually get away with it up to the point that they become very popular and then they get noticed by the copyright holder and they get a cease-and-desist letter. Then you really do have to cease and desist, or else you’ll be sued for whatever profits you made over the years. Some companies are known for being very litigious and some kind of let it go until major money is being made and then they step in. It’s really all about scale. If you’re an artist selling convention sketches of characters, or maybe some prints, you’re probably not going to trip red flags. If you have a website full of fan art and are clearly making a lot of fans and sales off someone else’s characters, then you’re going to get the plug pulled on you. It’s a large risk, to be operating in that gray area of making enough money to support yourself but hopefully not enough to be noticed. What if one of your art pieces goes viral? It happens all the time, and you really can’t control that. You get a cease-and-desist letter and you need to take it all down and start a new portfolio from scratch. Will you have $ saved to support yourself when you can’t rely on popular characters anymore?

Fan Art is a great way to practice and get your work noticed, but you must understand that it is illegal and you can be asked to stop at any time. Although both are illegal, you can usually more easily get away with using fan art for self-promotion and portfolio pieces rather than selling it. 

Here’s some more in-depth links on this topic:

Bleeding Cool

Chris Oatley

Seth Polansky Law

Kennedy Art Law

Deviant Art SDCC Fan Art Law Talk: (video below)

—Agent Killfee*