The Ongoing Struggles of Authors in the Digital Age.

A Case Study of Marlene Swetlishoff

In today’s digital landscape, authors face significant challenges in protecting their intellectual property. One compelling example of this struggle is Canadian author Marlene Swetlishoff, whose work in the fields of Health & Wellness and Spirituality has been widely recognized yet frequently exploited. Marlene’s story not only illustrates her personal battle but also highlights broader issues that many writers encounter in an increasingly indifferent environment.

Marlene has dedicated years to crafting meaningful content that resonates with readers around the world. However, despite her efforts to maintain control over her work, her writings have been published and distributed without her consent, even appearing in local community magazines in Western Australia. She has made it clear on her website that copying, translating, and distributing her material is strictly forbidden, yet these warnings have consistently gone unheeded.

As a volunteer guardian of Marlene’s work, I have witnessed the troubling reality of exploitation within the so-called “spiritual community.” Many individuals and organizations within this space have encouraged the appropriation of her literature, viewing it as acceptable to profit from the hard work of others. We have come across YouTube channels that monetize her content without authorization, and when we attempted to shut down these channels, we received backlash from their owners, who asserted that it is an “enlightened act” to steal from the author.

The challenges do not stop there. Recently, we have encountered significant obstacles with major tech companies. For instance, Google has refused to remove copyrighted material, despite our providing clear evidence and screenshots of the infringement. Similarly, Instagram and Meta have proven unhelpful, allowing literature to be posted and distributed without consequence. Their typical response is a dismissive, “we cannot find the material,” even when it remains publicly visible.

A specific example of this issue involved a copyright removal request submitted to Google. The request highlighted that an article published on Voyages of Light violated Marlene’s rights. The original material, timestamped and archived on the Wayback Machine, can be found here. We also included a screenshot pinpointing the infringing material, available here. Despite this detailed evidence, Google’s legal team responded that they were unable to locate the content in question and requested further information to proceed with the investigation.

Marlene’s experience highlights a major challenge for authors today. Despite the policies and laws from organizations like the World Intellectual Property Organization (WIPO), the US Copyright Office, the Canadian Copyright Office, and the Berne Convention, big tech companies often ignore individual creators’ rights. The protections provided by these copyright organizations are frequently inadequate, leaving authors with limited options. Many are forced to take legal action against industry giants like Google, Facebook, and Instagram, which can be daunting for those who write out of passion rather than for profit.

Under the Digital Millennium Copyright Act (DMCA), platforms like Google and Facebook must remove unauthorized content upon receiving a valid takedown notice. Section 512(c) of the DMCA requires these companies to act quickly to remove or disable access to infringing material to maintain their “safe harbor” protections. This process includes notifying the user who posted the content and allowing counter-notices if they believe the removal was unjust. However, many authors, including Marlene Swetlishoff, find that enforcement by these tech companies is often inconsistent, leaving their intellectual property vulnerable to exploitation.

This ongoing struggle illustrates the gap between the theoretical protections offered by copyright organizations and the practical challenges faced by writers in the digital landscape.

The impact of this negligence is profound. Authors like Marlene have seen their literary contributions exploited in numerous countries, including China, Japan, Argentina, Brazil, Australia, and the United States. This pervasive issue raises important questions about the respect and protection of intellectual property in an era dominated by digital content sharing.

As the world becomes increasingly interconnected through technology, it is crucial that we advocate for stronger protections for authors’ rights. We must hold tech giants accountable and demand that copyright enforcement bodies fulfill their roles in safeguarding creative work. Marlene Swetlishoff’s story is not just about her own struggles; it is a call to action for all authors to unite in defence of their rights and the integrity of their work.

In a time when content is easily shared and replicated, we must prioritize the voices of creators and ensure that their contributions are respected and protected. It is time for the industry to recognize the value of intellectual property and take meaningful steps to support the authors who dedicate their lives to sharing their knowledge and creativity.