Re: e-book publishing

On Thu, 25 May 2000, Ron. W., Franklin <needtokno[_at_]mediaone.net> wrote:
>
> Does e-book publishing follow the same copyright guidelines as
> traditional book publishing? If so, how does this apply to an
> independent contract relationship, where the author and copyright
> owner is an "independent contractor" and the "publisher" is the
> principal?

Copyright in publishing is generally transferred in the publishing contract. EBook publishing is no different than print publishing.

> Can such a contract contain a clause protecting the publisher from
> legal liability and placing it on the author?

Publishing contracts often contain clauses under which the author "swears" that s/he hasn't defamed anyone or otherwise committed any legal sins. The contracts further often contain clauses that the author will indemnify the publisher against any claims or losses resulting from the book (esp. from the contents thereof). These clauses are often unfairly weighted towards the publisher, and often ask authors to assert that they have not defamed anyone or other things that the author, esp. if s/he is a lawyer, is not in a position to assert. One doesn't always know liable when one sees it and for an author to say, oh no, I committed no libel in my book, is unfair as the author can't always know that.

Bottom line is that the same rights and liabilities should apply to e-Books as to print books. The e-Book publishers, however, vary a lot and so do their contracts. Anyone working with one is well advised to do some hard looking and reading before signing up and signing over anything to them. (Same is true of print publishers, actually.)

Carol Cricow

-- 
Carol Busby Cricow
Attorney at Law
P. O. Box 22438
Eugene, OR  97402
541.484.6860; fax 541.484.3099
carol[_at_]yujean.com