Washington, DC/Authorlink News/July 27, 2009--The Association of American Publishers (AAP), joined by librarians, authors, booksellers and a range of content providers and distributors, has asked the U.S. Supreme Court to reject arguments by the government that a whole category of speech can be denied First Amendment protection when the legislature finds the “value” of the speech to be outweighed by the government’s interest in suppressing it. AAP’s arguments were put forward in an amicus brief filed today in U.S. v. Stevens, a case being characterized as the most important First Amendment litigation since the Communications Decency Act challenge.
At issue is a federal statute (18 U.S.C. § 48) that prohibits the creation, sale or possession of “a depiction of animal cruelty” with “the intention of placing that depiction in interstate or foreign commerce for commercial gain,” if the act depicted is illegal where the depiction is created, sold, or possessed with intent to sell. The law provides an exception for depictions having “serious” value. It should be noted that acts of animal cruelty are already illegal in all 50 states and the District of Columbia.
Robert J. Stevens, a dog-trainer, pit bull aficionado and resident of Virginia was indicted under the statute by a federal grand jury in Pennsylvania, and was convicted and sentenced to 37 months in prison for selling educational videos containing footage of pit bulls fighting and attacking other animals. Stevens did not create the footage: some of it was 30-years old and other footage came from Japan where dog fighting is legal. Stevens’ conviction was overturned in an en banc ruling by the Third Circuit Court of Appeals, which held the statute unconstitutional. The Third Circuit rejected the government’s argument that depictions of animal cruelty should be excluded from First Amendment protection as a means of preventing acts of animal cruelty and “desensitization” to such acts, and held that there was no compelling government interest in banning speech to compensate for under-enforcement of existing animal cruelty laws. It further ruled that the “serious value” exception did not render the law constitutional.
The amicus brief filed today points out that despite the Government’s “false assurance” that the statute is limited to animal-fighting and so-called “crush” videos, the law is far broader on its face, and would put at risk creators of a wide range of mainstream materials, including illustrated books, films, or magazine articles graphically depicting such subjects as slaughterhouse practices, bullfighting, or poaching. “Such defendants would escape conviction only if the depictions were found to have ‘serious’ value, which the trial court in this case interpreted as requiring a showing of ‘significant and great import’...a standard it is easy to imagine any number of films and other images not meeting,” the brief argues.
Among the groups joining AAP on the brief are the Freedom to Read Foundation, the American Booksellers Foundation for Free Expression, PEN American Center, the Entertainment Merchants Association, the Comic Book Legal Defense Fund, and the Independent Film and Television Alliance.
The amicus brief, which can be found online at http://www.publishers.org/main/PressCenter/Archicves/documents/Finalamicusbrief.pdf, was written by R. Bruce Rich and Jonathan Bloom (Weil Gotshal & Manges LLP), counsel to the AAP Freedom to Read Committee. The amicus effort was organized by Media Coalition.
The Association of American Publishers is the national trade association of the U.S. book publishing industry. AAP’s approximately 300 members include most of the major commercial book publishers in the United States, as well as smaller and non-profit publishers, university presses and scholarly societies. The Association represents an industry whose very existence depends upon the free exercise of rights guaranteed by the First Amendment.
Monday, July 27, 2009
Wednesday, July 22, 2009
Nichols Named Houghton Mifflin
Harcourt Publisher
BOSTON & NEW YORK (BUSINESS WIRE, July 22, 2009) --Gary Gentel, president of Houghton Mifflin Harcourt Trade & Reference Division, announced today that Bruce Nichols has been appointed senior vice president and publisher of Houghton Mifflin Harcourt Adult & Reference Group.
In this role, Nichols will direct all Houghton Mifflin Harcourt trade and reference adult publishing, which includes trade hardcover, cookbooks and trade paperback programs including Mariner Books, field guides and reference.
"Nichols is widely recognized in the industry for his leadership, innovation and keen editorial judgment, and his ability to find topics and writers that attract national attention," says Gentel. "We want to build on our legacy, but also look to the future, and I'm thrilled to have Bruce guide our adult and reference programs."
In his two years at HarperCollins, Nichols served as publisher of Collins and Collins Reference. Bestsellers there include Alex & Me by Irene Pepperberg, Russell Brand's My Booky Wook and Bill Russell's Red and Me. Prior to that he was vice president and executive editor at the Free Press where he worked for 15 years. His authors include Daniel Tammet, Pervez Musharraf, Francis Collins, Richard Clarke, Ron Powers, James Risen and Lee Eisenberg.
"Houghton Mifflin Harcourt's list, from front to back, is distinguished, significant and literary," says Nichols. "I am tremendously excited by the chance to work with the talented team there, and with such wonderful authors."
Adds Gentel, "In a happy historical coincidence, it turns out Bruce's grandfather, Stephen W. Grant, spent his entire career at Houghton Mifflin, from 1931–1973, serving as the Company's president from 1963–1973."
Nichols will start at Houghton Mifflin Harcourt on August 3 and will be based in the New York office.
About Houghton Mifflin Harcourt Trade & Reference Division
Houghton Mifflin Harcourt Trade & Reference Division publishes adult, juvenile and reference books. Its award-winning and bestselling adult titles encompass literary fiction and a broad spectrum of nonfiction in hardcover, paperback and electronic books including the Mariner Books line of trade paperbacks. Among the adult brands are JRR Tolkien titles and The Best American Series. The adult group also publishes cookbooks and fields guides, including the Peterson Field Guides. Its reference titles include the American Heritage family of dictionaries. Houghton Mifflin Harcourt Children's Book Group encompasses three award-winning imprints as well as the Graphia and Sandpiper paperback lines: Houghton Mifflin Books for Children, Clarion Books and Harcourt Children's Books.
In this role, Nichols will direct all Houghton Mifflin Harcourt trade and reference adult publishing, which includes trade hardcover, cookbooks and trade paperback programs including Mariner Books, field guides and reference.
"Nichols is widely recognized in the industry for his leadership, innovation and keen editorial judgment, and his ability to find topics and writers that attract national attention," says Gentel. "We want to build on our legacy, but also look to the future, and I'm thrilled to have Bruce guide our adult and reference programs."
In his two years at HarperCollins, Nichols served as publisher of Collins and Collins Reference. Bestsellers there include Alex & Me by Irene Pepperberg, Russell Brand's My Booky Wook and Bill Russell's Red and Me. Prior to that he was vice president and executive editor at the Free Press where he worked for 15 years. His authors include Daniel Tammet, Pervez Musharraf, Francis Collins, Richard Clarke, Ron Powers, James Risen and Lee Eisenberg.
"Houghton Mifflin Harcourt's list, from front to back, is distinguished, significant and literary," says Nichols. "I am tremendously excited by the chance to work with the talented team there, and with such wonderful authors."
Adds Gentel, "In a happy historical coincidence, it turns out Bruce's grandfather, Stephen W. Grant, spent his entire career at Houghton Mifflin, from 1931–1973, serving as the Company's president from 1963–1973."
Nichols will start at Houghton Mifflin Harcourt on August 3 and will be based in the New York office.
About Houghton Mifflin Harcourt Trade & Reference Division
Houghton Mifflin Harcourt Trade & Reference Division publishes adult, juvenile and reference books. Its award-winning and bestselling adult titles encompass literary fiction and a broad spectrum of nonfiction in hardcover, paperback and electronic books including the Mariner Books line of trade paperbacks. Among the adult brands are JRR Tolkien titles and The Best American Series. The adult group also publishes cookbooks and fields guides, including the Peterson Field Guides. Its reference titles include the American Heritage family of dictionaries. Houghton Mifflin Harcourt Children's Book Group encompasses three award-winning imprints as well as the Graphia and Sandpiper paperback lines: Houghton Mifflin Books for Children, Clarion Books and Harcourt Children's Books.
Monday, July 20, 2009
B&N Launches “Every Device” eBook Store
NEW YORK, NY (AUTHORLINK NEWS, July 20, 2009)--Barnes & Noble, Inc. announced today the launch of the Barnes & Noble eBookstore (www.bn.com/ebooks), the world’s largest eBookstore, on Barnes & Noble.com (www.bn.com), enabling customers to buy eBooks and read them on a wide range of platforms, including the iPhone and iPod touch, BlackBerry® smartphones, as well as most Windows® and Mac® laptops or full-sized desktop computers. In addition, Barnes & Noble announced that it will be the exclusive eBookstore provider on the forthcoming and much anticipated Plastic Logic eReader device.
Barnes & Noble’s launch encompasses:
- Barnes & Noble’s eBookstore offering its customers seamless access to more than 700,000 titles, including hundreds of new releases and bestsellers at only $9.99, making it the world’s largest selection of eBooks available in one place. The company expects that its selection will increase to well over one million titles within the next year, inclusive of every available eBook from every book publisher and every available eBook original, which is a fast growing marketplace.
- More than a half-million public domain books from Google, which can be downloaded for free. Readers can discover and explore this rich treasure trove, including everything from classic works by well-known writers to long-forgotten and obscure titles that are historically much harder to access.
- An upgraded version of its eReader application, which was part of the company's Fictionwise acquisition earlier this year. This device-agnostic eBook application supports both wireless and wired access to the new Barnes & Noble eBookstore. Millions of internet-enabled devices are currently supported by eReader, including the nation’s two leading smartphone device families from Apple and BlackBerry®, as well as most Windows® and Mac® laptops or full-sized computers.
- First-time users of the eReader will have the opportunity to download free eBooks, including titles such as Merriam-Webster's Pocket Dictionary, Sense and Sensibility, Little Women, Last of the Mohicans, Pride and Prejudice, and Dracula. See site for further details.
- A strategic commerce and content partnership with Plastic Logic, whose eReader device is especially designed for business professionals. Barnes & Noble will power the eBookstore for the Plastic Logic eReader device. The ultra thin 8.5 x 11 inch wireless eReader is slated to debut in early 2010.
- The free, full-featured B&N Bookstore app for iPhone and iPod touch users, which is now the #1 downloaded book app in Apple’s App Store. In addition to enabling customers to easily place orders for books, movies, and CDs, the app also lets users search millions of products simply by snapping a photo. Using the iPhone’s camera, customers can snap a photo of the front cover and within seconds get product details, editorial reviews, and customer ratings – even find and reserve a copy in the nearest store. The app also includes a store locator, bestseller lists, book recommendations, and a store events calendar.
“Today marks the first phase of our digital strategy, which is rooted in the belief that readers should have access to the books in their digital library from any device, from anywhere, at any time,” said William J. Lynch, President of BN.com. “As America’s #1 bookstore and newsstand, our goal at Barnes & Noble is to build a service that revolves around the customer, enabling them to have access to hundreds of thousands of titles and read on their smartphone, PC, and many other existing and future devices. We want to make eBooks simple, accessible, affordable and convenient for everyone.”
More About the eReader Application
Designed with the reader in mind, Barnes & Noble eReader client software provides an easy-to- use interface to access the Barnes & Noble eBookstore and to manage their personal eBook libraries. It features powerful tools to optimize the reading experience, including the ability to modify type size and font and annotate and bookmark text, as well as an innovative auto-scroll feature enabling users hands free reading. In addition, users will have the added convenience afforded by true eBook portability, allowing them to access their eBooks from any of their eBook software-equipped devices, so that, for example, they can shift from reading their eBook from a smartphone while commuting to a notebook PC or eReader device at bedtime.
For information on free downloads go to www.bn.com/ebooks
Barnes & Noble, Inc. (NYSE: BKS), the world’s largest bookseller and a Fortune 500 company, operates 777 bookstores in 50 states.
Tuesday, July 14, 2009
Book Sales Decline
3.9 Percent, AAP Reports
NEW YORK, NY (AUTHORLINK NEWS, July 14, 2009)-- Book sales tracked by the Association of American Publishers (AAP) for the month of May decreased by 3.2 percent at $637.9 million, and were down by 3.9 percent for the year. But e-book sales for the year were up 166.7 %. Obviously, online is the place to be read and seen. You can read the full story in Thursday (July 16) edition of Authorlink news, along with other items of interest to writers and publishers.
We post new stories each week, and a full edition of video and audio interviews and columns by well known authors and publishing pros on the first of each month.
We post new stories each week, and a full edition of video and audio interviews and columns by well known authors and publishing pros on the first of each month.
Thursday, July 09, 2009
News Headlines for July 9
Hi Ya'll,
We're following the shocking law which, in effect, bans children's books printed prior to 1985. This is not a hoax. The American Library Association is working with the government's Consumer Products people to see exactly how they must comply. The law, which went into effect this February, is ill-defined. Read this and more at Authorlink.com
We're following the shocking law which, in effect, bans children's books printed prior to 1985. This is not a hoax. The American Library Association is working with the government's Consumer Products people to see exactly how they must comply. The law, which went into effect this February, is ill-defined. Read this and more at Authorlink.com
News Headlines
Thursday July 9, 2009
Updated every Thursday
Thursday July 9, 2009
Updated every Thursday
Wednesday, July 01, 2009
Disturbing News About Children's Book Law
Children’s Book Burning a Shocking Law
Editor’s Note: In 2008 Congress passed a Consumer Product Safety Improvement Act which has the effect of requiring the destruction of any children’s book published before 1985, due to trace elements of lead in the printed inks. When we first read this report we thought it was a hoax. Unfortunately, it is true. Selling or giving books published before 1985 technically can result in a $100,000 fine. According to the blog, Bardhaven, <http://bardhaven.wordpress.com/2009/06/29/burning-books/> a child would have to totally consume several dozen whole books to be endangered by lead content in the inks. Though presumably not the law’s original intent, the edict would obliterate centuries of literary thought and history. The Consumer Product Safety Commission’s enforcement arm has said for the time being it will not prosecute violators, until the law is further clarified. However, that moratorium apparently runs out in February 2010 (about seven months from now). Read more about this alarming issue on the American Library Association’s wiki headlined Lead in <http://wikis.ala.org/professionaltips/index.php/Lead_in_Books%3F> Books Background on the issue can be found on the ALA site.
READ THE FULL STORY ON AUTHORLINK.
Lots of other news just posted, including a video interview with David Ebershoff, author of THE 19TH WIFE. Visit our main page.
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