Vicky Wells, Director of Contracts and Subsidiary Rights at University of North Carolina Press where I’ve worked for 16 years. I’ve organized several workshops for AAUP, a Copyright Workshop at the Southern Presses in Chapel Hill in 1997, a Rights Workshop in St. Petersburg in 2002 and Rights in the Digital Marketplace in Philadelphia last year, which is why I was asked to form this panel. I’ve served on the Copyright Committee for several years, including two years as chair. My involvement with ebooks began in 1998 when I joined our Press’s now disbanded cross-departmental E-pub committee – no longer needed as ebooks are now integral to our publishing business.
Amazon released the Kindle First Generation on November 19, 2007, and it sold out in five and a half hours. The device remained out of stock for five months until late April 2008. On February 10, 2009, Amazon announced the Kindle 2. The Kindle 2 features a 6-inch, 16-level grayscale display, improved battery life, 20 percent faster page-refreshing, a text-to-speech option. On May 6, 2009, Amazon announced the Kindle DX, which retails for $489. It is the first Kindle model with an accelerometer , automatically rotating pages between landscape and portrait orientations if the device is turned on its side, unless automatic rotation is disabled by the user.
On January 27, 2010 Apple® introduced iPad, a revolutionary device for browsing the web, reading and sending email, enjoying photos, watching videos, listening to music, playing games, reading e-books. iPad’s high-resolution Multi-Touch™ display lets users physically interact with applications and content. iPad is just 0.5 inches thick and weighs just 1.5 pounds— thinner and lighter than any laptop or netbook. iPad priced at $499.
Author contract or photo
Krista Coulson has worked on e-books at the University of Wisconsin Press since 2006 and has been its Electronic Publishing Manager since February 2009. In addition to running the Press’s e-book program, she manages permissions, copyright, and contract reviews. Annually, she presents “Copyright on Campus,” an educational workshop, with the Office of Legal Services and UW-Libraries. She has a variety of online teaching experience and an MA in Cultural Anthropology from the UW-Madison. Laura Young Bost has been the Rights & Permissions Manager at the University of Texas Press since 1997. Laura has been a member of the AAUP Copyright Committee since 1999, and contributed to its Author Guidelines which provide basic information to AAUP member presses on copyright, public domain, “fair use” and other scholarly publishing issues. She was a member of the University of Texas “Copyright Cowboys” a working group at UT, and is a member of the Press’s library-press collaboration group. She handles all digital projects at the Press, and handles translations and other subsidiary rights.
Vicky Wells, "Book to E-Book: What You Should Know about Electronic Rights"--AAUP10
Association of American University Presses Salt Lake City June 19, 2010
Ebooks are an expanding source of income <ul><li>Sales </li></ul><ul><li>Licensing </li></ul>
Ebook Sales <ul><li>NetLibrary – owned by Ebsco as of March 17, 2010 </li></ul><ul><li>Overdrive </li></ul><ul><li>Follett </li></ul><ul><li>Ebrary </li></ul><ul><li>Ebooks Corp (Australia) </li></ul>
E-book Database Licensing <ul><li>Questia – owned by Gale - Cengage as of January 28, 2010 </li></ul><ul><li>Ebrary </li></ul><ul><li>EBL/Ebooks Corp Library </li></ul><ul><li>MyiLibrary </li></ul><ul><li>Alexander Street Press </li></ul><ul><li>ProQuest </li></ul><ul><li>Ebsco </li></ul>
More questions than answers… <ul><li>Contractual e-rights assigned? </li></ul><ul><li>Third-party content e-rights? </li></ul><ul><li>Digital files available? </li></ul><ul><li>Pricing and discounts? </li></ul>
<ul><li>Primary right… </li></ul><ul><li>to publish in print form and </li></ul><ul><li>in all media, i.e., e-book </li></ul><ul><li>Subsidiary Right… </li></ul><ul><li>to license e-books </li></ul><ul><li>for access within a database </li></ul>
<ul><li>ARTICLE II. CONDITIONS OF PUBLICATION </li></ul><ul><li>Extent of the Press's License . </li></ul><ul><li>The Author grants and assigns exclusively to the Press for the full term of any copyright the copyright in the Work, namely, all rights to print, publish, reproduce, display publicly, and sell the Work in all forms, languages, and media throughout the world , and the exclusive right on the Author's behalf to license, sell, or otherwise dispose of the following subsidiary rights in the Work: paperbound editions; reprint editions, both clothbound and paperbound; first and second serial, syndication, anthology, and digest; book club; foreign publication and translation; dramatic, motion picture, documentary, and television; mechanical, audio, and visual reproduction; inclusion in electronic storage and retrieval systems; production, publication, and exhibition in computer software; and any other rights not specifically enumerated in any media and technology now known or hereafter invented . </li></ul>
How will you share e-book income with your authors? <ul><li>Sales income? </li></ul><ul><li>Licensing royalties? </li></ul>
Publishers Lunch, April 29, 2010 Scott Turow was formally elected president of the Authors Guild, taking over from Roy Blount, who served for four years. Blount's advice: "See this Google thing through, make sure Amazon doesn't take over the book industry, find out why e-book royalty rates are so shamefully low , and keep the digital pirates at bay. The rest should take care of itself."
<ul><li>ARTICLE IV. ROYALTIES, SUBSIDIARY RIGHTS, AND SETTLEMENT OF ACCOUNTS </li></ul><ul><li>B. Digital editions and databases. </li></ul><ul><li>The Press agrees to pay the Author __% of the net proceeds derived from the sale and/or license of digital rights in the Work. </li></ul>
<ul><li>How to price ebooks? </li></ul><ul><li>Based on cloth price? Paperback price? Percentage of either? Flat price? </li></ul><ul><li>Library versus consumer sales: </li></ul><ul><li>One price or distinct prices? </li></ul>
Vendor Pricing and Discount Strategies <ul><li>Current Model: Amazon and other ebook vendors negotiate a discount and pay on the publisher’s list price. Vendors may offer reduced prices to the consumer. </li></ul><ul><li>Agency Model: Apple takes 30% commission based on publisher’s set price. Rules govern the set pricing of classes of books. </li></ul>
Licensing issues to consider: <ul><li>Limit term of the agreement </li></ul><ul><li>Income based on perpetual access (sale) or limited access (license) </li></ul><ul><li>Understand contract terms </li></ul><ul><li>Approval of assignment </li></ul>
Tracking Ebooks in your database <ul><li>Ebook decision – yes or no </li></ul><ul><li>Permissions – all approved or delete all or just specific images </li></ul><ul><li>Pricing and ISBN’s </li></ul><ul><li>Vendors – metadata and file submissions </li></ul>
Vicky Wells Director of Contracts and Subsidiary Rights University of North Carolina Press