Posts Tagged ‘Authors Guild’

Audible company logo.

If you’re not familiar with Audible and Audiobook Creation Exchange (aka ACX), let me fill you in. Audible is Amazon’s audio book wing. They distribute thousands of audio books and have just as many subscribers (I’ve been one since 2015). ACX is part of Audible: it’s a places where authors and publishers can hook up with narrators, produce audio books, and then upload them to Audible.

With me so far?

Recently, Audible and ACX have been in a bit of hot water. It’s come to the attention of several authors that Audible has a rather questionable policy on the books. Audible Premium Plus subscribers have the option to exchange an audio book they’ve bought through their subscription within 365 days of purchase! And get this: if an audio book is exchanged within that time frame, the authors or publishers get their royalties deducted for it!

You read that right: somebody can exchange any audio book they buy within a year of purchasing, and the author gets punished for it.

Most people’s reactions to the exchange policy abuse. Photo by Andrea Piacquadio on Pexels.com

And lately, this has become a huge problem. Many authors, mostly indie authors, have noticed an increase in exchanges and deducted royalties over the past several months, In fact, some have speculated that use of the exchange policy–or should I say abuse of the exchange policy?–has boomed because Audible’s been using the policy in some of their advertising to attract new members.

Spurred by reports of this, the Authors Guild, along with a whole bunch of other author organizations, have drafted a letter to Audible and ACX to get them to, among other things, change the policy and create a more reasonable exchange policy. At the time I’m writing this, the letter has over twelve thousand signatures, and it’s still growing. To quote the letter,

This policy is in clear breach of the duty of good faith and fair dealing implied in the authors’ agreements with Audible and ACX as it allows books to be purchased and listened to without paying the authors and narrators their royalties.

Authors Guild Letter to Audible and ACX

Now, I have only have Rose‘s audio book on Audible, and so far as I know, it hasn’t suffered from this exchange policy much. However, I have heard from a couple of colleagues, including some I consider good friends, who are upset by the policy and are considering pulling their works from Audible and ACX because of the policy.

And even if I didn’t know anyone affected by this policy, once I learned about it, it was hard for me to sit still. This is a terrible policy that hurts authors and publishers alike! These are the people that Amazon needs to continue selling through Audible, and yet they treat them this way?

And why is the exchange window a year long to begin with? That’s a terrible business strategy. Can you imagine if a hardware store allowed you to exchange a tool within a year, even if it’s likely been used? Or a shoe store? Or a computer business? They’d be out of business within a year with a policy like that! What the hell, Amazon?

The letter I received from Audible about the change in the exchange policy. Feel free to enlarge and read it in full.

Thankfully, it seems that news of the abuse and the letter made Audible realize their mistake. While they’ve defended the policy, saying that they do monitor for abuse and that such abuse is rare, they are changing the policy effective January 1st. After that, the exchange window is limited to 7 days, and Audible will pay for any exchanges made after that timeframe. They later confirmed this in an email to ACX creators, which I got as well.

And that is good. That is a good change. It’s harder to abuse an exchange policy limited to only a week instead of a year. Still, some aren’t satisfied. In fact, the Authors Guild letter suggests shortening the window to 48 hours. And I like that idea: not only is it even harder to listen to multiple audio books over the course of two days than it is to do over a week, but it should be easier to spot abuse when an account is making multiple exchanges within a two day period.

So, what can you do? Well, you can sign the letter, which at the time of writing is only 440 signatures away from the Authors Guild’s goal. Even if Audible has changed the policy, every signature is a reminder to the company that this sort of malarkey won’t be tolerated by the very people the company needs for products if it continues.

You can also share with other authors and readers. The more people who are informed about the issue, the more people who will be weary and on the lookout for policies and abuse like this. People, and companies, are more likely to be better behaved if they know they’re being watched and kept under pressure.

And finally, if you have or plan on getting an Audible subscription, don’t be the kind of subscriber who does this sort of crap. I’ve only exchanged a book on Audible once, and that was because I thought it was one kind of story, and it turned out to be another. Otherwise, I would never rob another writer of royalties! Instead, keep the book once you buy it, and wait for your next credit. Don’t make someone else lose money just because you want more listening material!

And if Audible doesn’t address the problem, maybe consider giving up your membership. Yeah, it’ll suck to not get that credit for an audio book each month, but it’ll sure send a message to Audible.

And if you do enjoy an audio book purchased through Audible, make sure to review or at least rate it afterwards. Trust me, ratings and reviews left by readers help both new readers and the writers who put their books on the site. I speak from personal experience on that!

That’s all for now, my Followers of Fear. Thank you for reading this far and giving a damn about this problem. I hope you’ll consider helping out authors and stopping abuse of Audible’s exchange policy.

Until next time, Happy Thanksgiving and pleasant nightmares!

For my earlier posts on Cockygate from May 5th and May 28, click here and here, respectively.

I’m just going to skip over all the preliminary stuff and just get to the good news: the Romance Writers Association and the Authors Guild won a court ruling on Friday against Faleena Hopkins, the notorious romance author who put a trademark on the word “cocky” and then sent letters to authors who had books with “cocky” in their titles, threatening legal action if they didn’t take their books off Amazon or change their books’ titles.

Now, if you read my post from last week, you may remember that Hopkins’s lawyer had sent Kevin Kneupper, the novelist and retired lawyer who’s leading the fight against Hopkins, along with author Tara Crescent and publicist Jennifer Watson, a letter with intention to sue them, as well as filing a Temporary Restraining Order (TRO) against the Petition of Cancellation for the trademark. Since then, it’s also come out that Hopkins was asking for another TRO against the publication of a collection of stories called Cocktales: The Cocky Collective, which was named as an obvious protest against her trademark (Jennifer Watson was incorrectly named by Hopkins as the publisher of the book in the papers filed for the TRO).

On Friday June 1st, several things happened:

  1. Kneupper was dismissed as a party to the lawsuit Hopkins’ lawyer filed, meaning he’s free to continue fighting against the trademark.
  2. Hopkins did not get her restraining order, so the petition and all the other legal battles against her can continue.
  3. Finally and most importantly, for the moment books with the word “cocky” in the title can be published, including the Cocktales anthology.

In other words, Hopkins lost, and she lost big. And while there’s another court date in September, and presumably this is when the decision on her trademark will be decided once and for all, it’s still not looking very good for Hopkins. As stated in the article the Authors Guild put on their website:

In ruling against the author Faleena Hopkins, who claimed exclusive rights to “cocky” for romance titles, Judge Alvin Hellerstein of the Southern District of New York, stated that he did not believe that Hopkins was likely to succeed on the merits.

In other words, the judge says that Hopkins’s trademark is on pretty weak legs.

Now, there’s still a lot of work to do. For one thing, while people can still publish their books with the word “cocky” in the title, the final decision won’t be made till September at the earliest. That gives Hopkins, her lawyers, and her supporters (yeah, there are some out there) to come up with legal strategies for the trial and for any potential appeals, both from her side and the other side. And unfortunately, there are a number of copycats out there trying to get trademarks on common words used in titles. It’s a hot mess.

But this is a bright spot in the ongoing saga of #Cockygate. I’ve heard from many authors who have expressed fear over the outcome of this controversy, and what it could mean for them if they couldn’t write because they could incur legal repercussions for using an everyday word in their story’s title. Hopkins’s defeat on Friday gives us all a little bit of hope that we can continue to not only write our stories, but give them almost any title imaginable and not have to worry about getting sued for it.

So with the trial not till September, what can we do now as authors? Well, we can continue to show our support for Kneupper and the legal team fighting Hopkins, as well as the RWA and all of the authors who’ve been affected by Cockygate (remember, if you’ve received a letter from Hopkins, contact carol.ritter@rwa.org for assistance and guidance). This can be something as casual as sympathetic messages online, or buying, reading, and reviewing the books of those involved/affected (a single sale and review can do an author a ton of good, believe me), or even donating your time and skills to the legal battle.*

You can also spread the word on Cockygate and any developments in the scandal. The more people who know what Hopkins is doing, the more we can rally against her or anyone else trying to copy her. The louder our voices, the stronger we are, and the better positioned we are to affect positive change.

And finally, if you’re a writer, continue writing. Don’t let fear get in the way of telling the stories you were born to tell. Like the people behind Cocktales, when we decide to put something out in defiance of bullies, we make a statement that we’re not going to take this sitting down.

That’s all for now, everyone. If there are any other significant developments, I’ll post about them. Until next time, pleasant nightmares.

UPDATE 6/3/18 @ 7:18 PM EST: Erica Unsophisticated Blood Thirsty Wolf Fisher (@monet5280) informed me over Twitter that both Ms. Crescent and Ms. Watson’s lawyers are working on a motion to dismiss, which will be due in on June 22nd. In addition, Ms. Hopkins has to respond to the Petition of Cancellation from Mr. Kneupper no later than June 23rd. So it looks like things will be heating up longer before it starts to get cold again. Here’s hoping the end of June brings more good news like what we saw on Friday.

*Just be careful before you donate to any legal fund for those affected or claiming to be for any legal teams against Hopkins. There are a ton of people out there who have no qualms against taking advantage of those suffering in order to make an easy buck.