Nicola Solomon of the Society
of Authors, said writers have a legal right to the payments, she said – and
could even consider going to court to recover them. "Since 1992 'rental
and lending right' has been a part of copyright protection. That means that
authors have a legal right to equitable remuneration whenever their works are
lent out," she said. "The failure to make the payments means that the
government and libraries are actually infringing the author's copyright every
time they make an ebook loan and authors would be entitled to sue for the
losses caused by that infringement. We have no current plans to sue, and don't
know of any authors who are planning to do so – we would hope that the
Government would recognise its legal and moral responsibility to make payments
to authors particularly as ebook lending from libraries is becoming
significant."
Solomon has written to both
culture secretary Ed Vaizey and Conservative MP Louise Mensch, who is sitting
on the select committee inquiry into library
closures, to highlight the issue. "Any ebook lending should
result in a PLR payment to the author … PLR is designed to balance the social
need for free public access to books against an author's right to be
remunerated for the use of their work," she wrote to Vaizey on behalf of
the Society of Authors, which includes Philip Gross, Anthony
Horowitz and Sarah Waters on its management committee. "We also wish to
remind you that section 43 of the Digital Economy Act 2010 extends PLR to
audiobooks and ebooks 'lent out' from library premises for a limited time but
these payments have never been implemented. This is patently unjust and we urge
that this provision be brought into force and that extra funds be made
available to cover PLR payments for such lending."
Chair of the society,
historical novelist Lindsey Davis, said that authors would "certainly be pushing"
for PLR to be extended to ebooks and audiobooks. "We have earned it. It's
not a benefit, it's a right," she said. "I would expect to be paid.
There is no difference between ebooks and print books – it is all work,
produced for people to read ... It seems very obvious to me [that an ebook] is
just another version of a title, in the same way that a paperback is."
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