Seanan McGuire (seanan_mcguire) wrote,
Seanan McGuire
seanan_mcguire

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"As to hanging, it is no great hardship...": Internet Piracy, and Who It Hurts.

I am about to preach to the choir, because I have no idea what else to do, and frankly, I am at a loss for other options.

I am a professional author. I have worked a very long time to reach a place in my life where I could make that statement and not feel like a fake. I have written books; publishers have judged them commercially viable and worthy of publication; my books can thus be purchased from bookstores and online retailers everywhere. Please note the word "purchased." My books, which cost me time and sanity, and cost my publisher time and money, can be purchased from bookstores and online retailers everywhere.

Or, if you'd prefer, they can be illegally downloaded from the Internet. Mind you, this will eventually lead to my being unable to justify the time it takes me to write them, since an author who cannot make a living through writing must make a living through other means. My cats don't understand "Mommy can't feed you because people don't believe she should be compensated for her work." They also don't understand "People say they like the things I write, but they'd rather steal them than make sure I can keep writing."

To be honest, I don't understand it either.

"See! Piracy is a serious problem." —Penny Arcade.

When I first started publishing, I had no real clue how big the book piracy problem was becoming (and it's continued to grow since then; the number of available torrents increases every day). I was honestly stunned when I got the first Google alert notifying me of an illegal download of Rosemary and Rue. Now, it's a rare day—and for "rare" read "non-existent," now that I have four books in print—that doesn't come with at least one torrent notification. Normally, it's more like four or five, and sometimes more, when some new site discovers my work and gets excited about the possibility of stealing it. Yes, stealing it.

Look: when you calculate the average author's royalties on a mass-market paperback, it comes to approximately fifty cents per copy. Let's assume I got paid $5,000 for Rosemary and Rue. I didn't just pull that figure out of my ass—that's the standard first advance for a genre novel, although very few people will get that exact number. Still, it's nice and round. Now, part of the standard publishing model says that I won't get any additional money for the book until it has managed to earn back the advance, which is done solely from the percentage of the cover price that "belongs" to me. So an author with a $5,000 advance must sell ten thousand copies of their book before they "earn out" and start making additional money. Authors who regularly fail to "earn out" will find themselves with decreasing advances, until the day that the number hits zero, and the party is over.

"Internet piracy isn't that big a deal," people say. "It can't hurt your sales that badly." Oh, really? Well, if I get one notification of an illegal torrent per day...let's assume that each torrent is downloaded three times at most. Okay? One torrent per day is 365 torrents per year, or 1,095 illegal downloads per book per year. This is a conservative estimate of downloads; most torrents will be downloaded more like ten times each. Gosh, I feel popular now! Or maybe violated, it's hard to say.

Returning to our $5,000 advance, I must sell—actually sell, from actual stores—10,000 books before my publisher realizes a profit and says "Yeah, okay, let's keep buying your stuff." Let's assume, this time optimistically, that all 1,095 people who illegally downloaded my book were originally planning to buy it new, before they found this awesome new way to save money and get the book magically delivered to their computer. So unless my book was guaranteed to appeal to 11,095 people, I may have just dipped below the magical 10,000 person mark. Goodie for me.

"Dear person online begging someone to upload an illegal copy of my book because you LOVE me SO MUCH: you don't love me. You love stealing." —Ally Carter, author of Heist Society.

I made the following statement in a relatively recent post:

"Why do book series end in the middle? Because not enough people bought the books. Sometimes they can live on, as with Tim Pratt's online serialization of his fabulous Marla Mason stories, but for the majority of authors, if the sales aren't there, the story's over. Why do midlist authors disappear? Because their sales weren't good enough to justify their continued publication. Why are TV shows canceled? Because not enough people gave money to their advertisers. All entertainment is profit-driven. We pay to play, and when we stop paying, they stop playing."

Several people promptly told me that I was wrong, and that authors who really want to continue their series can do so whether they have a publisher or not. My addiction to professional editing services and distribution is clearly a personal failing, and I should embrace this brave new world of working forty hours a week to pay for cat food, and then going home and working forty hours a week to Stick It To The Man by continuing my canceled series. Sadly, this isn't going to work. When I'm writing books for money, I go through a rigorous internal editing and proofreading process before anyone sees my work. When not writing books for money, I write for my own pleasure, and if there are a few typos or logical failings, whatever. That doesn't pay my bills.

I love my books. I love my art. If I were only in it for the money, I would be doing something else for a living, like selling my kidneys. But at the end of the day, if a series can't pay, I can't afford the hundreds of hours required to write the average book. It's just not feasible. Note the number of unpublished "first in series" books I have sitting around. Until they sell, I can't afford to write the sequels. No matter how much I want to.

"People will spend fifteen bucks on an ironic shirt." —Penny Arcade.

A paperback book costs ten dollars, retail, and less if bought at a discount or with a coupon. This is about the same as a ticket to the movies. Even if you read fast, it will probably take you a minimum of three hours to finish said paperback, and then it's yours to keep. The movie is over faster, and also not yours at the end of the evening. (This is not to say that people don't pirate movies, and that said piracy isn't a huge concern. They do, and it is. But that isn't my department, as yet. Believe me, I'll start researching film piracy the day that Feed is optioned for the big screen.) People are constantly willing to pay for things that are more transitory than books, yet seem to blank out when asked why stealing books is still theft.

"I'll buy it later." Really? "I just want to see if I like it." Okay, how about you download the free chapters from the author's website, and then go to a bookstore? "I want to see if the author has improved since the last one." See above. "I disagree with the author's moral or ethical stance, so I'm voting with my dollars." Okay. You're also voting through theft. Why not get the book from a library or support your local used bookstore instead? It would be a lot less sketchy.

I know plenty of people who would never dream of walking into my house and stealing a book off my shelf, but have talked themselves around to the point where downloading books illegally is just not the same thing, not the same thing at all. It's the same thing. Don't believe me? Ask Paul Cornell (taken from Twitter):

"Just saw download site with 2356 illegal downloads of Knight and Squire. You have no idea how angry that makes me. Bloody thieves."
"Thanks everyone who's said they're buying it. No thanks to: 'well, if it was legally downloadable...' Like they're forced to steal it."
"Just heard: average number of illegal downloads = four times legal sales. That's why your favorite title got canceled. No margin left."

The margin is what makes it profitable for publishers to keep publishing. The margin keeps their lights on, and keeps the creators receiving royalty checks, and now we're back to feeding my cats, which is a topic I think about a great deal. The cats don't give me a choice.

I leave you with this grim thought. Yesterday, I was sitting around, minding my own business, when a friend of mine (name redacted as it was a private conversation) messaged me with:

"Somebody went to the trouble to photocopy all of [upcoming, not yet released book] and put it up online."

This sort of thing tightens control over ARCs, which reduces their distribution to book bloggers, which makes it harder for you to find well-informed early reviews. It potentially hurts my friend's sales, which may result, long-term, in her being dropped from her publisher, which means no more books for her fans. So who does Internet piracy hurt?

It hurts you.
Tags: contemplation, cranky blonde is cranky, technology
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  • 238 comments
As much as I agree with you on the whole, this bit:
Let's assume, this time optimistically, that all 1,095 people who illegally downloaded my book were originally planning to buy it new, before they found this awesome new way to save money and get the book magically delivered to their computer.
...just isn't true.

There's a lot of evidence out there that says that those folks who're stealing your stuff would not be buying it if it weren't available to steal. They were likely never your customers. Those are not lost sales. Treating them as if they were just does not match what reality seems to be.

Yes, absolutely, they are stealing something from you, and they are hurting you when they do largely because publishers do treat them as lost sales and they do things like measuring illegal downloads versus legal sales, and make decisions based on that. Perception is everything.

But even if you could somehow prevent those 1,095 people from stealing your work, that would not be 1,095 more sales. It would very likely be no more sales. And there's some chance it would be less sales, because there is some evidence that while illegal downloaders generally aren't your customers, they do seem to increase your exposure, that that does seem to increase sales.

This is one of those areas where human behaviour is really not well understood yet, and we have publishers of various sorts of media making decisions as if it were really true that if we could just get these people to stop stealing stuff, they would buy it instead. And yet all the evidence points to that being very much not true.

In my opinion you can make your argument stronger if you avoid buying into this faulty assumption.
I don't think it weakened Seanan's argument, but you are correct in some regard. The library, for example, is a place you can go and get the book for free without spending money. Popular authors are often always out.

Ironically, stolen books from an actual bookstore helps meet the author's advance.

Deleted comment

I suspect that you and folk like you are the exception as opposed to the rule, though.
Seanan does have a relatively decent argument, but in this I agree with you. From personal experience, I agree. WITHOUT PIRACY, I WOULD NEVER KNOW WHO SOOJ WAS. and with that, I would not be a part of fandom. I got one, just one, or Sooj's albums for free through a friend. I have PURCHASED her albums since. Save Our Sooj? Donated AND bought a book. The Girl Who Circumnavigated Faerie? Doesn't matter if I have a downloaded copy from back when it was still free. I'm buying 2 copies, one to read and one to get signed and keep. Piracy doesn't stop me from buying. It exposes me to more things to love and PURCHASE.
FYI s00j has her music available to be heard, for free, on Bandcamp. No piracy required, at least, not now.
Very true! That was not true at the time, but said free music also does not keep me from purchasing it. That is my point. :)
I'd argue that getting a downloaded copy from a friend is not exactly the same as downloading a torrent from a stranger, though. Because often (though not always) that's equivalent to your friend giving or lending you their copy, which people do all the time to turn their friends onto new stuff. It's just in a different format due to convenience/living far apart/what the hell ever.

I have friends I went to college with that know way more about music than I do and used to invite me over to their rooms to listen to new stuff. Now we live on opposite sides of the country and so they'll send me stuff they think I'd be into. If I don't like it, then, well, I wouldn't have bought it anyway, and if I do like it I'll buy a legal copy or something else by the artist. But that's a little different than posting a torrent for hundreds or thousands to download at whim because they're looking for free copies. As generally you don't get gifted torrents, you go looking for them.
But that's a very serious distinction that needs to be made between 'Piracy' and 'Turning someone on to something new.' I argue that torrents do much the same thing to a MUCH wider audience who then have the opportunity to buy their own copies and find more of that artist's work legitimately. Are there people out there who will mooch whatever they can get their hands on? Bet on it. But are there far more people like you and I than get talked about? Bet on that, too.
I think you also have to account for the type of media, though. If I get behind on one of my shows and hulu has only the last five eps and I need the last six, I'm going to torrent that sixth so I can watch the other five on hulu with commercials so my show can keep getting those ad dollars because otherwise I wouldn't watch it at all (yes, I do have to watch things in order because it breaks my brain otherwise). And then often buy the DVD too.

But I would never download a torrent of a book because the sale of the book is the only way the author will get money from me re: that particular book. Because if book 3 comes out and I still haven't gotten book 2...well, I can still buy book 2 legally. I don't have one shot at reading book 2 and then it's gone until it comes out in another format; I can read it whenever I want.

Also, turning someone on to something new requires you to tell them about it, not just put it on the internet and wait for them to look for it. In general, people who post torrents of books are putting it out there on the internet to be found later by people looking for it - people who, by necessity, already know it exists and want to read it. That's different than uploading something for a friend, specifically telling them about it/giving it to them, and only allowing them to have it.
I make mix-tapes for my friends, or used to, anyway, back when that was still "cool." Now we send each other MP3s. If I like it, I buy it. If I don't, I delete it. My friends who send me things know this is what I'll do. I'd be a lot less comfortable sending an MP3 to someone I didn't know that about.

Books are...different. Because again, there's the repeat factor. I used to loan my books, and still do, but at the end of the day, you have to give them back. A download, you don't. And too many people won't delete it when they're done, and then buy a real copy, even if they want to read again. They just hit "save."
See...I hear your experience, I do. I have similar experiences; I think everyone does. There are literally hundreds of things I wouldn't have in my life if they hadn't been a "first taste's free" situation.

At the same time, music and books don't work on the same axis for most people. Buying an album and buying a book are different; you'll listen to those songs way more often. So I can't say that piracy is the answer. (Girl Who... is a special case; it was originally free on purpose. My books aren't.)

I love that you shop based on what you enjoy. If the whole world did, this wouldn't be a problem. But the whole world doesn't.
I agree with you with a small exception on that - Baen books has demonstrated that releasing the first book of a series for free download does tend to increase sales of the series as a whole. It's the same principle, and gets around the issue of people not necessarily going out and buying the book that they got for free. But overall, I do agree with you that people are less likely to go buy a copy of that particular book.
In the instance of Baen, they're posting the first in a long series. Around the time the seventh Toby book comes out, I think this model would serve me well. At the time of book three, while still building an audience and a reputation? Not so much.
this is an unpopular point of view, but the one I was going to state. piracy is still problematic, people are still stealing when they do it - but statistically speaking, you are not losing a sale. as an artist, I know that doesn't make it feel any better to have people steal your work, but I think that it is important to understand the dynamics of the problem.

a lot of people have mentioned software theft in a similar vein, but the same thing holds true for software - the people who steal it are not the people who were ever going to buy it.

unfortunately, I don't know what the solution is... no one seems to yet. hopefully over time, one will develop.
Statistically speaking, I have enough empirical evidence—heck, almost just from comments on this post—to say that at least some of the pirates would in fact have been customers. I've received "fan mail" telling me proudly about their bitchin' illegal downloads.

So yeah. It's not as big a theft as the raw numbers imply, but it's still a theft.
Both extremes are oversimplifications at best. Yes, a lot of people will grab things because they're free that they never would've if they had to pay. (I have a non-trivial pile of ebooks that I downloaded, legitimately, for free, and have read very few of them. I've only bought one ebook, and I haven't got around to reading that, either.)

However, some percentage of the downloaders are downloading something they specifically want, or might have run into the work and bought it later. They are lost sales. How big a percentage are they? Nobody has the faintest idea. Some will actually download for free, then buy anyway, but not many, and it's probably a much smaller percentage than in the music market, because people don't generally reread books as often as they re-listen to music.

The internet and the ease of digital copying are being hugely disruptive to the media businesses, and they're vigorously trying to defend their old business models, but there is hope. The iTunes store demonstrated that you can compete with free, but ebook technology hasn't reached the point where it's more convenient to buy and read an ebook than a paper one.
Some will actually download for free, then buy anyway, but not many, and it's probably a much smaller percentage than in the music market, because people don't generally reread books as often as they re-listen to music.

That's actually a really good/interesting point that makes a lot of sense but I've never quite articulated before. I'm a heavy rereader, but I still could never reread a book as often as I listen to the same album.
That's the comparison I always loop back to. I listened to Journey's Greatest Hits daily for two months. I've never read a book daily for two months.
I keep hoping we'll find a decent parity. In the meantime, I don't know. The "stealing is okay because it's easy and anyway here are all these lovely justifications" always makes me feel sort of like people are in my house, touching my stuff.
Hence the "optimistically."

I do know, from both testament and empirical evidence, that some of the people doing the downloading would have bought the book in order to read it, had it not been available to them otherwise. Really, I believe the number of copies downloaded (not read, necessarily, just downloaded) is about ten times that, basing it off the stats from various torrent sites. So assuming one person in ten would otherwise have bought the book, while optimistic, is not insane.

I am not assuming every single pirate would have purchased. I do know, again, from personal experience (even from fan mail, which makes me frankly homicidal), that some of them would have, if they had not had an "easier" option.
Wah - someone wrote fan mail admitting that they'd torrented your books? And didn't, from the way you wrote that, enclose money?
...hm. Is there any easy way to give you money?
Caveat, i have slept somewhat less than two hours in the last forty odd, so I am not sure I am capable of rational or intelligent thought. This just occurred to me, that making it possible and easy for someone to give you money (basically as a donation, I suppose, though the mechanics are a bit of a mystery to me), via PayPal may be a partial solution to this issue.

I mean, aside from buying your books. And I am not suggesting that a significant number of the people who steal your book would then chose to do so... but is it possible? Is there a "Pay a fair price for your stolen book" button on your website?


For the record, i have not and will not download e copies of your books for my reader. I have, however, borrowed copies from the library (a financial decision, and I am sincerely sorry if that hurts you).

I am curious about something. Since you invoked Cory Doctorow, one of the arguments he makes in favor of freely available electronic copies of his work is that the issue of obscurity far outweighs the issues of piracy.
I recognize he is already somewhat more well known, and widely published than you are (so far!). The upshot of his argument, though, is that allowing free download gives more people opportunities read it, which in turn encourages more sales.
I mean, I read your books based on your LJ writings (Velveteen in particular), which are free and freely available (though, come to think of it, sponsored...).
I don't think I have an answer. I am not even sure I am asking intelligent questions. So I am going to shut up, now.
No, but thank you very much. :) I try not to be a donation-based service, because, well, then I'd feel like I had to somehow be more productive, and I think then my head would explode.

Libraries do not hurt authors, never have hurt authors, and are BITCHIN' AWESOME. Seriously. In order for you to borrow the book, the library had to buy the book, and I don't care if fifty people read the same copy. What I care about is the illegal torrents turning text into viral infection. Why should I pay you for the flu?

So the thing with Cory, and it's a really interesting thing, is he built his career on the free distribution model. Cat Valente is a friend of mine, and when she sold her originally e-published book, The Girl Who Circumnavigated Fairyland..., her publisher required she take part of it down. Why? Because Cory's model has not been proven to work for people who aren't already Internet-famous, as he is. I literally legally can't say "oh, download it free." Also, in this case...I put a lot of stuff out there for free, like the Velveteen stuff, and other things, I ask that people pay for. A lawyer doing pro bono cases doesn't suddenly give up payment for everything else.

It's a hard and complicated issue. But your questions are good ones, honest.
Yup!

It was AWESOME.

And by "awesome," I mean "caused furious rage, followed by inconsolable weeping."