Re: e-book publishing

On Sat, May 27, 2000, Carol Cricow <carol[_at_]yujean.com> wrote:
>
> 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"....
>
> 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.)

It would be interesting to see just what the contracts say that are being drafted by eBook publishers. When books were printed on paper first, back in the good old days, the question of "electronic rights" was vague and vexed. And the question of what happens when the book went out of print was also a matter for the contract to address. But now when we are almost in the 21st millennium it seems that publishers might be using contracts to retain as many rights as they can. E-Book publishers so far have also not been as generous with promises to market the book, pay for book tours, and so on. Reprinting the book electronically "on demand" is easy. Publishers will reduce costs but not necessarily pass savings to customers or back to the author (except for Stephen Kings). Authors need to be aware that their royalty stream might not be the same with eBooks as with printed books, and should seek a knowledgeable lawyer who can draft the most favorable contract.  

DISCLAIMER: On the Internet I can't act as your lawyer, but I could on TV (except in Texas, according to one lawyer who gave me unsolicited free advice on the Internet).

-- 
"Eric"  Eric Eldred  Eldritch Press
mailto:Eldred[_at_]EldritchPress.org
http://www.eldritchpress.org/EricEldred.vcf