Writing as business


Time to flee Glassdoor

Glassdoor is a site which lets employees and ex-employees report anonymously on what it’s like to work at companies. It used to place a high value on user privacy, since people reporting bad stuff about their employers can get them into trouble. Recently, though, it’s not only reversed itself but, in a single bound, become one of the worst websites for privacy.

I’m unusually close to Report Zero on this matter, and I think the person making this report would rather not be too widely identified, so I’ll link only to secondary sources here, such as this Ars Technica article, checking them against the original reports for accuracy.
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What can you do with Steamboat Willie?

What can you do with Steamboat Willie, early in the next year?

I won’t try to write a filk about it just now; answering the question is complicated enough in prose. You may have heard that “Mickey Mouse is going into the public domain,” but that’s true only in a limited sense. The first two released Mickey Mouse cartoons, Steamboat Willie and Plane Crazy, will enter the public domain on January 1, 2024, after 95 years. If you’re thinking of creating your own cartoons, drawings, fan fiction, or professional fiction based on them, you can do that legally, but you need to be careful. Mickey Mouse changed significantly over the years, and later versions of him, along with the vast majority of his cartoons, are still under copyright protection. In addition, Mickey Mouse™ remains a Disney trademark. If your work steps over certain bounds, you could hear from Disney’s lawyers.

Duke University’s website has a detailed article on what you can and can’t do. It’s not a substitute for a lawyer’s advice, but it’s a good place to start, and it could be enough if you aren’t creating stuff for profit.
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The craft of children’s books

I just learned that my friend Debbie Ohi, a writer and illustrator of children’s books, has a Substack. Even though I never plan to write a children’s book, I was fascinated by her article on understanding picture book format and construction. I’d never realized there were such strict page requirements. If you’re thinking of getting into this field or know someone who is, you should find her articles very interesting.


303 Creative LLC: A win for free expression from SCOTUS 2

The first article I came across on the Supreme Court’s 303 Creative LLC decision was an outright lie, claiming the Court had ruled businesses can now refuse service to same-sex couples. Creating panic is what a lot of news sites do best, and lots of people on social media are helping to spread the misinformation. What it actually ruled was this:

The First Amendment’s protections belong to all, not just to speakers whose motives the government finds worthy. In this case, Colorado
seeks to force an individual to speak in ways that align with its views but defy her conscience about a matter of major significance. In the
past, other States in Barnette, Hurley, and Dale have similarly tested the First Amendment’s boundaries by seeking to compel speech they
thought vital at the time. But abiding the Constitution’s commitment to the freedom of speech means all will encounter ideas that are “misguided, or even hurtful.” Hurley, 515 U. S., at 574. Consistent with the First Amendment, the Nation’s answer is tolerance, not coercion. The First Amendment envisions the United States as a rich and complex place where all persons are free to think and speak as they wish, not as the government demands. Colorado cannot deny that promise consistent with the First Amendment.

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Smashwords adding Kobo Plus

The ebook publishing site Smashwords is adding Kobo Plus to its options for self-publishing authors. Smashwords already has Kobo as one of its publishing channels. The difference is that regular Kobo lets people buy books individually, while Kobo Plus is a subscription service letting users view as many books as they want.

Smashwords’ emailed notice says:
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Is PayPal a danger to writers?

A change in PayPal’s policies has blown up in its face. PayPal claimed the right to debit accounts $2,500 for “misinformation.” It would be the sole judge of what constitutes misinformation. In the face of widespread user fury, PayPal backed down, claiming “the language was never intended to be inserted into our policy.” Even with the removal of that language, it still has language financially penalizing some forms of expression.

People often disagree on facts. Some people make claims which others say are false. Non-fiction writers are in the business of asserting facts, and sometimes they claim that what’s “common knowledge” is wrong. Many writers get paid through PayPal, and sometimes it’s the only option the customer offers. If PayPal decides your article is wrong, it could take away a large fraction of a month’s income.
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A win for authors

Amazon is changing its e-book return policy to make it harder to read entire books for free, producing no income for the author. Currently, it’s generally permitted to “return” any e-book within seven days for a full refund, even if the customer has read the whole thing. Under the new policy, automatic returns will be allowed only if the customer hasn’t read more than 10% of the book. People who have read more than 10% can still request a refund, but they’ll have to file a customer service request, which a human will review.

Some authors have reportedly experienced a serious decline in their income due to abuse of the return policy.

Of course, this is a reminder that Amazon tracks your reading habits in detail when you buy their e-books.


Can freelance writers work in Lakeway, TX?

The Institute for Justice has launched a lawsuit against the city of Lakeway, Texas, over its heavy restrictions on home-based businesses. The business at the center of the controversy is a daycare center, but it got me wondering how freelance writers are affected. The city had nineteen criteria to be met, recently reduced to ten. I can’t find a full list, but the hints I’ve seen suggest that writers are OK in principle. Freelance writers don’t normally have customers come to their homes, make lots of noise, or emit clouds of toxic fumes.
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The state of business licensing for writers

Most writers are freelancers. In many places in the United States, you need the government’s permission, in the form of a business license, to be a freelance writer. Convincing the government to let you earn money writing generally requires paying money. This is a direct violation of the First Amendment’s guarantee of freedom of the press. You aren’t free if you need to pay for permission to earn a living. Don’t count on the courts to agree with you, though.

If you choose to incorporate, that’s a separate issue; this article applies only to sole proprietorships. By definition, incorporation involves registration with a government office.

Zoning can be another concern. In some places, people aren’t allowed to operate a business from their home, even if it has no impact on anything beyond its walls. You can try to stay under the radar, but a neighbor could snitch on you. I don’t cover zoning issues here.

Some states require a license to operate any kind of business, but freelance writing may or may not be considered a “business” for that purpose. To a large extent, governments realize it would be bad publicity to ban people from writing or fine them for lack of permission, but it can happen. I’ve seen people say on freelancer boards that their state required them to get a license.

Corrections and additional information in the comments are welcome.
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What about sensitivity readers? 2

I’ve never had occasion to deal with a sensitivity reader. As I worked on The Magic Battery, I asked for input from Jewish friends on my treatment of Jewish characters, but my concern was whether I’d gotten it right, not whether I was being “sensitive.” They were helpful, but I couldn’t find a single person who lived in the 16th century to give a Reformation period perspective.

A recent Reason article, “Sensitivity Readers Are the New Gatekeepers” (or “Rise of the Sensitivity Reader”) takes a very skeptical view of sensitivity readers. I don’t know if things in the publishing industry are actually as bad as the article represents, but the concept sounds dubious to me. I don’t write to be “sensitive.” I write to address “What if” questions, to tell a good story, and to give the reader something to think about. That sometimes means hurting people’s feelings. If you want something completely safe and bland, read Winnie the Pooh. (Provided you aren’t acrophobic or melissophobic.)
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