Alison Flood, (London) Guardian; Celebrated authors bypass publishing houses to sell ebooks via Amazon: Discontent over digital royalties prompts Roth, Amis and other leading names to enter into exclusive deal with Odyssey Editions:
"An eye-wateringly stellar list of authors, from Philip Roth to Orhan Pamuk, Martin Amis and John Updike, is bypassing publishers to sell digital editions of books directly to readers, via Amazon.
The brainchild of uber-agent Andrew "The Jackal" Wylie, Odyssey Editions launches today. It offers 20 modern literary classics as ebooks for the first time, exclusively via Amazon.com's Kindle store. The books, all priced at Amazon's usual ebook rate of $9.99, range from Amis's London Fields, Rushdie's Midnight's Children, Roth's Portnoy's Complaint and VS Naipaul's The Enigma of Arrival to titles from the estates of dead authors such as John Updike, William S Burroughs, Saul Bellow and Hunter S Thompson.
The authors all share Wylie as their agent, and the move makes good on his threat last month that, dissatisfied with the terms publishers have been offering for ebooks, he would remove them from the equation.
"We will take our 700 clients, see what rights are not allocated to publishers, and establish a company on their behalf to license those ebook rights directly to someone like Google, Amazon.com, or Apple. It would be another business, set up on parallel tracks to the frontlist book business," he told Harvard Magazine in June.
The exclusive deal with Amazon, which will last for two years, effectively removes other booksellers from the equation as well: modern classics including Vladimir Nabokov's Lolita and Hunter S Thompson's Fear and Loathing in Las Vegas will only be sold through the internet retailer.
"As the market for ebooks grows, it will be important for readers to have access in ebook format to the best contemporary literature the world has to offer," said Wylie, who worked with the UK company Enhanced Editions on the digital project. "This publishing programme is designed to address that need, and to help ebook readers build a digital library of classic contemporary literature."
The move is likely to concern publishers. In December, Random House wrote to agents informing them of its belief that it holds exclusive rights to digital editions of the "vast majority" of its backlist titles, even those acquired before electronic rights were specifically included in contracts. That letter enraged authors, and the Authors Guild issued a statement saying that "publishers acquire only the rights that they bargain for; authors retain rights they have not expressly granted to publishers. E-book rights, under older book contracts, were retained by the authors."
The guild also pointed to a 2001 court ruling, which dismissed Random House's claim that its copyright had been breached when ebook publisher Rosetta Books acquired digital rights in eight novels by the American writers Kurt Vonnegut and William Styron.
But Random House – which publishes physical editions of some of the Odyssey titles – looks set to challenge the new venture. Spokesman Stuart Applebaum said in a statement that the publisher was "disappointed by Mr Wylie's actions".
He continued: "Last night, we sent a letter to Amazon disputing their rights to legally sell these titles, which are subject to active Random House publishing agreements. Upon assessing our business options, we will be taking appropriate action."
Eleven of the Odyssey titles will be available globally, according to Amazon.com. The tension between publishers and authors over ebook rights has also been growing in the UK: earlier this month historian and novelist Tom Holland, chair of the Society of Authors, said that the deals authors were being asked to sign up to for ebooks were "not remotely fair".
The current standard royalty for ebooks in the UK is 25%, but authors believe it should be 50%, as digital editions have lower warehousing and distribution costs.
American literary agent Robert Gottlieb, chairman of the Trident Media Group, said agents were also pushing for better royalty rates in the US. "As of this time, publishers are doing their hardest to hold to the 25%. My view is this is a moving target and, as time goes by and the market place becomes more competitive, publishers will have to negotiate ebook royalties on a case-by-case basis," he said.
Although Gottlieb wished Andrew well in his new venture, he felt that an agent becoming, in effect, a publisher contained "the potential for a conflict of interest with authors and/or estates", and is not contemplating a similar move himself.
Wylie's initiative is not the first time authors have looked to bypass publishers. In December, bestselling business author Stephen Covey announced that he had sold exclusive digital rights in two of his bestselling titles to Amazon, cutting out his traditional publisher Simon & Schuster.
The deal was made via Rosetta Books, which also struck a similar deal in the US for a collection of titles by Ian McEwan. And with Amazon.com offering authors a royalty of 70% for ebooks sold via its Kindle store, the trend only looks set to continue.
Full list of titles published by Odyssey Editions and available on the Kindle:
London Fields by Martin Amis
The Adventures of Augie March by Saul Bellow
Ficciones (Spanish edition) by Jorge Luis Borges
Junky by William Burroughs
The Stories of John Cheever by John Cheever
Invisible Man by Ralph Ellison
Love Medicine by Louise Erdrich
The Naked and the Dead by Norman Mailer
Lolita by Vladimir Nabokov
The Enigma of Arrival by VS Naipaul
The White Castle by Orhan Pamuk
Portnoy's Complaint by Philip Roth
Midnight's Children by Salman Rushdie
The Man Who Mistook His Wife for a Hat by Oliver Sacks
Fear and Loathing in Las Vegas by Hunter S Thompson
Rabbit Run by John Updike
Rabbit Redux by John Updike
Rabbit is Rich by John Updike
Rabbit at Rest by John Updike
Brideshead Revisited by Evelyn Waugh"
http://www.guardian.co.uk/books/2010/jul/22/authors-bypass-publishers-ebooks-amazon
Showing posts with label backlist books. Show all posts
Showing posts with label backlist books. Show all posts
Sunday, July 25, 2010
Tuesday, December 15, 2009
Top Author Shifts E-Book Rights to Amazon.com; New York Times, 12/15/09
Brad Stone and Motoko Rich, New York Times; Top Author Shifts E-Book Rights to Amazon.com:
"Ever since electronic books emerged as a major growth market, New York’s largest publishing houses have worried that big-name authors might sign deals directly with e-book retailers or other new ventures, bypassing traditional publishers entirely.
Now, one well-known author is doing just that.
Stephen R. Covey, one of the most successful business authors of the last two decades, has moved e-book rights for two of his best-selling books from his print publisher, Simon & Schuster, a division of the CBS Corporation, to a digital publisher that will sell the e-books to Amazon.com for one year.
Amazon, maker of the popular Kindle e-reader and one of the biggest book retailers in the country, will have the exclusive rights to sell electronic editions of “The 7 Habits of Highly Effective People,” and a later work, “Principle-Centered Leadership.” Mr. Covey also plans to gradually make other e-books available exclusively to Amazon, which will promote them on its Web site.
The move promises to raise the already high anxiety level among publishers about the economics of digital publishing and could offer authors a way to earn more profits from their works than they do under the traditional system.
Mr. Covey is making his books available to Amazon through RosettaBooks, an electronic book publisher that primarily traffics in the older works of authors like Kurt Vonnegut and Virginia Woolf.
Arthur Klebanoff, chief executive of RosettaBooks, said that Mr. Covey would receive more than half of the net proceeds that RosettaBooks took in from Amazon on these e-book sales. In contrast, the standard digital royalty from mainstream publishers is 25 percent of net proceeds...
His move comes as publishers ratchet up their efforts to secure the digital rights to so-called backlist titles — books published many years, if not decades, ago. These books can be vitally important to publishing houses because they are reprinted year after year and provide a stream of guaranteed revenue without much extra marketing effort.
“The 7 Habits of Highly Effective People,” originally published in hardcover in 1989, is a steady seller for Simon & Schuster. This year alone, it has sold 136,000 copies in paperback, according to Nielsen BookScan, which generally tracks about 70 percent of sales.
Many authors and agents say that because the contracts for older books do not explicitly spell out electronic rights, they reside with the author. Big publishing houses argue that clauses like “in book form” or phrases that prohibit “competitive editions” preclude authors from publishing e-books through other parties.
Adam Rothberg, a spokesman for Simon & Schuster, declined to comment directly on Mr. Covey’s moves, but said, “Our position is that electronic editions of our backlist titles belong in the Simon & Schuster catalog, and we intend to protect our interests in those publications.”
Other publishers have moved to stake their claim on e-book rights for older titles. On Friday, Random House sent a letter to dozens of literary agents stating that on all backlist books, it retained “the exclusive right to publish in electronic book publishing formats.”...
The skirmish over e-books is part of a larger multidimensional chess match being played among publishers, authors, agents and book retailers. The big publishing houses hate the uniform e-book price of $9.99 that Amazon and others have set for newer titles. Although the retailers are subsidizing that price, executives say they believe that such pricing harms the market for more expensive hardcovers, and some publishers have reacted by announcing they will delay the publication of certain e-books by several months after they are made available in hardcover.
Last week, Simon & Schuster said it would delay by four months the e-book versions of 35 titles being published in hardcover from January to April. Both the Hachette Book Group and HarperCollins Publishers Worldwide have also indicated they will delay e-book editions.
Reacting to that move, Drew Herdener, an Amazon spokesman, directly criticized Simon & Schuster and its chief executive, Carolyn Reidy.
“Simon & Schuster is backward-leaning,” Mr. Herdener said. “Carolyn wants to corral readers, force them to buy what they wouldn’t buy if they had a choice. It won’t work. The better approach is to embrace the evolution of the book and give customers what they want. Forward-leaning publishers are going to clean up.”
Mr. Rothberg, the Simon & Schuster spokesman, said that his company wasn’t trying to upset anyone. “The notion that we have done anything other than wholeheartedly embrace the digital revolution, whether it be for e-books, new formats, reaching out to our readers wherever they may be, and every other opportunity provided in the new digital era, is patently absurd,” he said.
He added, however, “We understand that there’s a lot at stake and we look forward to further discussions with Amazon about how to grow this business without making our discussions of a personal nature.”
Mike Shatzkin, the chief executive of Idea Logical, which advises publishers on digital strategy, said that publishers were trying to minimize Amazon’s outsize influence in the book business and preserve their own. “Publishers are trying to herd Amazon back into their corner and keep it there,” he said. “But I think that this is going to be a very difficult situation for the big publishers to control.”"
http://www.nytimes.com/2009/12/15/technology/companies/15amazon.html?scp=1&sq=covey&st=cse
"Ever since electronic books emerged as a major growth market, New York’s largest publishing houses have worried that big-name authors might sign deals directly with e-book retailers or other new ventures, bypassing traditional publishers entirely.
Now, one well-known author is doing just that.
Stephen R. Covey, one of the most successful business authors of the last two decades, has moved e-book rights for two of his best-selling books from his print publisher, Simon & Schuster, a division of the CBS Corporation, to a digital publisher that will sell the e-books to Amazon.com for one year.
Amazon, maker of the popular Kindle e-reader and one of the biggest book retailers in the country, will have the exclusive rights to sell electronic editions of “The 7 Habits of Highly Effective People,” and a later work, “Principle-Centered Leadership.” Mr. Covey also plans to gradually make other e-books available exclusively to Amazon, which will promote them on its Web site.
The move promises to raise the already high anxiety level among publishers about the economics of digital publishing and could offer authors a way to earn more profits from their works than they do under the traditional system.
Mr. Covey is making his books available to Amazon through RosettaBooks, an electronic book publisher that primarily traffics in the older works of authors like Kurt Vonnegut and Virginia Woolf.
Arthur Klebanoff, chief executive of RosettaBooks, said that Mr. Covey would receive more than half of the net proceeds that RosettaBooks took in from Amazon on these e-book sales. In contrast, the standard digital royalty from mainstream publishers is 25 percent of net proceeds...
His move comes as publishers ratchet up their efforts to secure the digital rights to so-called backlist titles — books published many years, if not decades, ago. These books can be vitally important to publishing houses because they are reprinted year after year and provide a stream of guaranteed revenue without much extra marketing effort.
“The 7 Habits of Highly Effective People,” originally published in hardcover in 1989, is a steady seller for Simon & Schuster. This year alone, it has sold 136,000 copies in paperback, according to Nielsen BookScan, which generally tracks about 70 percent of sales.
Many authors and agents say that because the contracts for older books do not explicitly spell out electronic rights, they reside with the author. Big publishing houses argue that clauses like “in book form” or phrases that prohibit “competitive editions” preclude authors from publishing e-books through other parties.
Adam Rothberg, a spokesman for Simon & Schuster, declined to comment directly on Mr. Covey’s moves, but said, “Our position is that electronic editions of our backlist titles belong in the Simon & Schuster catalog, and we intend to protect our interests in those publications.”
Other publishers have moved to stake their claim on e-book rights for older titles. On Friday, Random House sent a letter to dozens of literary agents stating that on all backlist books, it retained “the exclusive right to publish in electronic book publishing formats.”...
The skirmish over e-books is part of a larger multidimensional chess match being played among publishers, authors, agents and book retailers. The big publishing houses hate the uniform e-book price of $9.99 that Amazon and others have set for newer titles. Although the retailers are subsidizing that price, executives say they believe that such pricing harms the market for more expensive hardcovers, and some publishers have reacted by announcing they will delay the publication of certain e-books by several months after they are made available in hardcover.
Last week, Simon & Schuster said it would delay by four months the e-book versions of 35 titles being published in hardcover from January to April. Both the Hachette Book Group and HarperCollins Publishers Worldwide have also indicated they will delay e-book editions.
Reacting to that move, Drew Herdener, an Amazon spokesman, directly criticized Simon & Schuster and its chief executive, Carolyn Reidy.
“Simon & Schuster is backward-leaning,” Mr. Herdener said. “Carolyn wants to corral readers, force them to buy what they wouldn’t buy if they had a choice. It won’t work. The better approach is to embrace the evolution of the book and give customers what they want. Forward-leaning publishers are going to clean up.”
Mr. Rothberg, the Simon & Schuster spokesman, said that his company wasn’t trying to upset anyone. “The notion that we have done anything other than wholeheartedly embrace the digital revolution, whether it be for e-books, new formats, reaching out to our readers wherever they may be, and every other opportunity provided in the new digital era, is patently absurd,” he said.
He added, however, “We understand that there’s a lot at stake and we look forward to further discussions with Amazon about how to grow this business without making our discussions of a personal nature.”
Mike Shatzkin, the chief executive of Idea Logical, which advises publishers on digital strategy, said that publishers were trying to minimize Amazon’s outsize influence in the book business and preserve their own. “Publishers are trying to herd Amazon back into their corner and keep it there,” he said. “But I think that this is going to be a very difficult situation for the big publishers to control.”"
http://www.nytimes.com/2009/12/15/technology/companies/15amazon.html?scp=1&sq=covey&st=cse
Stephen Covey's digital rights deal with Amazon startle New York publishers; Guardian, 12/15/09
Ed Pilkington, Guardian; Stephen Covey's digital rights deal with Amazon startle New York publishers:
"The scramble for survival in the New York publishing world provoked by the rise of the ebook has become so ruthless it makes the Wild West look like a Swiss finishing school. Authors and publishers are squabbling over rights, internet retailers are slugging it out with bookshops, and tech companies are climbing over each other to produce an ebook reader that can challenge Amazon's hit, the Kindle.
The latest blast of gunfire has come from one of America's leading authors in the highly lucrative market of business self-help books.
Stephen Covey has announced he is selling exclusive digital rights to two of his bestsellers – The 7 Habits of Highly Effective People, and Principle-Centered Leadership – to Amazon, bypassing the traditional publisher, Simon & Schuster, that has up to now handled all his output.
The move has put a chill over New York publishing houses already struggling to keep up with the ebook revolution. One of their big fears is that of becoming separated from their backlists, the titles that act as the cash cows of the industry, bringing in a steady and increasingly crucial income in the insecure digital world.
As jitters spread, some big publishers have moved to defend what they claim is theirs – the digital rights to the backlist.
Random House startled many in the book world this week by sending a letter to agents informing them that, in its view, the publishing house holds the exclusive rights to digital editions of the "vast majority" of its backlist titles. That made authors and their agents see red. They pointed to a ruling by the New York courts as far back as 2002 in which Random House itself failed in an attempt to block on ebook firm from publishing works by the late William Styron, author of Sophie's Choice, and Kurt Vonnegut. The ruling, upheld on appeal, found that copyright for books that were written before digital publishing existed, remained with the author.
Arthur Klebanoff, head of RosettaBooks, the ebook company that beat off Random House in 2002, secured Covey's exclusive deal this week with Amazon. He said: "We are very clear about this, the author controls the rights unless it is specified otherwise, and that was settled by the courts years ago...
The spat in the US stands in contrast to Britain, where publishers broadly accept that they do not have the rights to the ebook editions of older titles, and authors accept that they should avoid offering ebooks to other publishers.
"There is a kind of gentleman's agreement," said Anthony Goff, an agent with David Higham, who heads the trade association for literary agents in the UK...
As these behemoths fight it out in an increasingly ungainly display of muscle, the big question is what happens to authors and their readers, which is after all what the fuss is about.
Bestselling names such as Covey are likely to prosper, as will their fans who will benefit from knockdown prices. Amazon is selling some titles for as little as $7.99, massively below their paper price.
Less well-known authors have yet to reap any rewards."
http://www.guardian.co.uk/books/2009/dec/15/stephen-covey-amazon-ebook-deal
"The scramble for survival in the New York publishing world provoked by the rise of the ebook has become so ruthless it makes the Wild West look like a Swiss finishing school. Authors and publishers are squabbling over rights, internet retailers are slugging it out with bookshops, and tech companies are climbing over each other to produce an ebook reader that can challenge Amazon's hit, the Kindle.
The latest blast of gunfire has come from one of America's leading authors in the highly lucrative market of business self-help books.
Stephen Covey has announced he is selling exclusive digital rights to two of his bestsellers – The 7 Habits of Highly Effective People, and Principle-Centered Leadership – to Amazon, bypassing the traditional publisher, Simon & Schuster, that has up to now handled all his output.
The move has put a chill over New York publishing houses already struggling to keep up with the ebook revolution. One of their big fears is that of becoming separated from their backlists, the titles that act as the cash cows of the industry, bringing in a steady and increasingly crucial income in the insecure digital world.
As jitters spread, some big publishers have moved to defend what they claim is theirs – the digital rights to the backlist.
Random House startled many in the book world this week by sending a letter to agents informing them that, in its view, the publishing house holds the exclusive rights to digital editions of the "vast majority" of its backlist titles. That made authors and their agents see red. They pointed to a ruling by the New York courts as far back as 2002 in which Random House itself failed in an attempt to block on ebook firm from publishing works by the late William Styron, author of Sophie's Choice, and Kurt Vonnegut. The ruling, upheld on appeal, found that copyright for books that were written before digital publishing existed, remained with the author.
Arthur Klebanoff, head of RosettaBooks, the ebook company that beat off Random House in 2002, secured Covey's exclusive deal this week with Amazon. He said: "We are very clear about this, the author controls the rights unless it is specified otherwise, and that was settled by the courts years ago...
The spat in the US stands in contrast to Britain, where publishers broadly accept that they do not have the rights to the ebook editions of older titles, and authors accept that they should avoid offering ebooks to other publishers.
"There is a kind of gentleman's agreement," said Anthony Goff, an agent with David Higham, who heads the trade association for literary agents in the UK...
As these behemoths fight it out in an increasingly ungainly display of muscle, the big question is what happens to authors and their readers, which is after all what the fuss is about.
Bestselling names such as Covey are likely to prosper, as will their fans who will benefit from knockdown prices. Amazon is selling some titles for as little as $7.99, massively below their paper price.
Less well-known authors have yet to reap any rewards."
http://www.guardian.co.uk/books/2009/dec/15/stephen-covey-amazon-ebook-deal
Sunday, December 13, 2009
Legal Battles Over E-Book Rights to Older Books; New York Times, 12/13/09
Motoko Rich, New York Times; Legal Battles Over E-Book Rights to Older Books:
"William Styron may have been one of the leading literary lions of recent decades, but his books are not selling much these days. Now his family has a plan to lure digital-age readers with e-book versions of titles like “Sophie’s Choice,” “The Confessions of Nat Turner” and Mr. Styron’s memoir of depression, “Darkness Visible.”
But the question of exactly who owns the electronic rights to such older titles is in dispute, making it a rising source of conflict in one of the publishing industry’s last remaining areas of growth.
Mr. Styron’s family believes it retains the rights, since the books were first published before e-books existed. Random House, Mr. Styron’s longtime publisher, says it owns those rights, and it is determined to secure its place — and continuing profits — in the Kindle era.
The discussions about the digital fate of Mr. Styron’s work are similar to the negotiations playing out across the book industry as publishers hustle to capture the rights to release e-book versions of so-called backlist books. Indeed, the same new e-book venture Mr. Styron’s family hopes to use has run into similar resistance from the print publisher of “Catch-22” by Joseph Heller.
On Friday, Markus Dohle, chief executive of Random House, sent a letter to dozens of literary agents, writing that the company’s older agreements gave it “the exclusive right to publish in electronic book publishing formats.”
Backlist titles, which continue to be reprinted long after their initial release, are crucial to publishing houses because of their promise of lucrative revenue year after year. But authors and agents are particularly concerned that traditional publishers are not offering sufficient royalties on e-book editions, which they point out are cheaper for publishers to produce. Some are considering taking their digital rights elsewhere, which could deal a financial blow to the hobbled publishing industry.
The tussle over who owns the electronic rights — and how much the authors should earn in digital royalties — potentially puts into play works by authors like Ralph Ellison and John Updike.
Some publishers have already made agreements with authors or their estates to release digital editions. All of Ernest Hemingway’s books, for example, are available in electronic versions from his print publisher, Scribner, a unit of Simon & Schuster.
But with only a small fraction of the thousands of books in print available in e-book form, there are many titles to be fought over.
“This is a wide open frontier right now,” said Maja Thomas, senior vice president for digital and audio publishing at the Hachette Book Group.
While most traditional publishers have included e-book rights in new author contracts for 15 years, many titles were originally published before e-books were explicitly included in contracts.
And with electronic readers like the Kindle from Amazon and the Nook from Barnes & Noble attracting new readers and sales of e-books growing exponentially, authors and publishers are trying to figure out how best to harness the new technology...
There is some precedent for arguments over e-book versions of backlist titles. In 2002, Random House sued RosettaBooks, an e-book publisher, for copyright infringement when Rosetta signed contracts with authors — including Mr. Styron — to release digital versions of previously published novels.
In its suit, Random House relied on wording in its contracts that granted it all rights to publish the works “in book form.” In its letter to agents on Friday, Random House invoked the same wording to defend its right to publish e-books of backlist titles.
In 2002, a federal judge in Manhattan denied Random House’s request for a preliminary injunction against RosettaBooks, ruling that “in book form” did not automatically include e-books. An appellate court similarly denied Random House’s request.
The case never went to trial. In a settlement, Random House granted Rosetta a license to release e-book versions of 51 titles. Under a different agreement with Mr. Styron, Rosetta also published two of his books, though its license to do so has since expired.
Agents say some authors and their estates are seeking alternative routes for e-books in part because they are dissatisfied with the digital royalty rate offered by most traditional publishers."
http://www.nytimes.com/2009/12/13/business/media/13ebooks.html?_r=1&scp=1&sq=e-books&st=cse
"William Styron may have been one of the leading literary lions of recent decades, but his books are not selling much these days. Now his family has a plan to lure digital-age readers with e-book versions of titles like “Sophie’s Choice,” “The Confessions of Nat Turner” and Mr. Styron’s memoir of depression, “Darkness Visible.”
But the question of exactly who owns the electronic rights to such older titles is in dispute, making it a rising source of conflict in one of the publishing industry’s last remaining areas of growth.
Mr. Styron’s family believes it retains the rights, since the books were first published before e-books existed. Random House, Mr. Styron’s longtime publisher, says it owns those rights, and it is determined to secure its place — and continuing profits — in the Kindle era.
The discussions about the digital fate of Mr. Styron’s work are similar to the negotiations playing out across the book industry as publishers hustle to capture the rights to release e-book versions of so-called backlist books. Indeed, the same new e-book venture Mr. Styron’s family hopes to use has run into similar resistance from the print publisher of “Catch-22” by Joseph Heller.
On Friday, Markus Dohle, chief executive of Random House, sent a letter to dozens of literary agents, writing that the company’s older agreements gave it “the exclusive right to publish in electronic book publishing formats.”
Backlist titles, which continue to be reprinted long after their initial release, are crucial to publishing houses because of their promise of lucrative revenue year after year. But authors and agents are particularly concerned that traditional publishers are not offering sufficient royalties on e-book editions, which they point out are cheaper for publishers to produce. Some are considering taking their digital rights elsewhere, which could deal a financial blow to the hobbled publishing industry.
The tussle over who owns the electronic rights — and how much the authors should earn in digital royalties — potentially puts into play works by authors like Ralph Ellison and John Updike.
Some publishers have already made agreements with authors or their estates to release digital editions. All of Ernest Hemingway’s books, for example, are available in electronic versions from his print publisher, Scribner, a unit of Simon & Schuster.
But with only a small fraction of the thousands of books in print available in e-book form, there are many titles to be fought over.
“This is a wide open frontier right now,” said Maja Thomas, senior vice president for digital and audio publishing at the Hachette Book Group.
While most traditional publishers have included e-book rights in new author contracts for 15 years, many titles were originally published before e-books were explicitly included in contracts.
And with electronic readers like the Kindle from Amazon and the Nook from Barnes & Noble attracting new readers and sales of e-books growing exponentially, authors and publishers are trying to figure out how best to harness the new technology...
There is some precedent for arguments over e-book versions of backlist titles. In 2002, Random House sued RosettaBooks, an e-book publisher, for copyright infringement when Rosetta signed contracts with authors — including Mr. Styron — to release digital versions of previously published novels.
In its suit, Random House relied on wording in its contracts that granted it all rights to publish the works “in book form.” In its letter to agents on Friday, Random House invoked the same wording to defend its right to publish e-books of backlist titles.
In 2002, a federal judge in Manhattan denied Random House’s request for a preliminary injunction against RosettaBooks, ruling that “in book form” did not automatically include e-books. An appellate court similarly denied Random House’s request.
The case never went to trial. In a settlement, Random House granted Rosetta a license to release e-book versions of 51 titles. Under a different agreement with Mr. Styron, Rosetta also published two of his books, though its license to do so has since expired.
Agents say some authors and their estates are seeking alternative routes for e-books in part because they are dissatisfied with the digital royalty rate offered by most traditional publishers."
http://www.nytimes.com/2009/12/13/business/media/13ebooks.html?_r=1&scp=1&sq=e-books&st=cse
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