Celebrated authors bypass publishing houses to sell ebooks via Amazon; (London) Guardian, 7/22/10

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

Comic-Con Program; Comics and Digital Piracy, 7/25/10

Comic-Con Program; Comics and Digital Piracy:

"Just about every comic book is now available online within hours of its release in stores -- whether or not its publisher is selling it in digital form. Techland.com's Douglas Wolk moderates a discussion of what's happening in the online-comics Wild West with David Steinberger (comiXology), Erik Larsen (Savage Dragon), Deb Aoki (Guide to Manga) and manga editor Jake Forbes."

http://www.comic-con.org/cci/cci_search_results.php?strShow=27&chkCat%5B%5D=239

Comic-Con Program; Comic Book Law School 303: Oh, And Another Thing, 7/24/10

Comic-Con Program; Comic Book Law School 303: Oh, And Another Thing:

"Noted attorney Michael Lovitz, author of the sold-out The Trademark and Copyright Book comic book, returns to deal with the more advanced (and often complicated) issues facing the creative community, particularly in light of the ever-expanding worlds of new media. Creators aren't the only ones facing potential problems and issues -- publishers, distributors, retailers, and even the ultimate consumers can find themselves facing legal issues they never expected. Infringements, misuse, tarnishment, dilution, knockoffs, lawsuits, satires, parodies, fair use, blogs, podcasts, tweets, and cybersquatters are just some of the many potential problems that may arise once creative works and products become accessible to others. This session explores how copyright and trademark rights are enforced, how one's legal muscles may be flexed, and what to do when finding yourself in a legal minefield. Plus, time permitting, discussion about recent legal decisions and pending cases that are likely to affect the field of popular culture and how they might play an important role in your creative and business plans. Note: The Comic Book Law School seminars are designed to provide relevant information and practice tips to practicing attorneys, as well as practical tips to creators and other professionals who may wish to attend. [This program is approved for 1.5 credits of California MCLE.]"

http://www.comic-con.org/cci/cci_search_results.php?strShow=27&chkCat%5B%5D=239

Comic-Con Program; Comic Book Law School: Hot Topics, 7/23/10

Comic-Con Program; Comic Book Law School: Hot Topics:

"Another year, another round of (legal) Hot Topics as a panel of knowledgeable (and entertaining) attorneys discuss and debate today's most interesting and cutting-edge legal issues faced by the creative and business communities. Attorneys David Branfman, David Lizerbram and Alexander Harwin, along with moderator Michael Lovitz, share their knowledge and insights, and discuss how these real-world issues affect individual creators and companies alike. Topics will include the benefits and perils of Facebook, Twitter, YouTube, and other forms of digital content distribution, and termination of copyright grants, including updates on the Kirby and Superman termination cases. Note: The Comic Book Law School seminars are designed to provide relevant information and practice tips to practicing attorneys, as well as practical tips to creators and other professionals who may wish to attend. [This program is approved for 1.0 credits of California MCLE.]"

http://www.comic-con.org/cci/cci_search_results.php?strShow=27&chkCat%5B%5D=239

Comic-Con Program: Comic Book Law School 202: Greed Is Good...Or Is It?, 7/23/10

Comic-Con Program; Comic Book Law School 202: Greed Is Good...Or Is It?:

"Noted attorney Michael Lovitz, author of the acclaimed The Trademark and Copyright Book comic book, is back ready to tackle a number of the more advanced issues facing authors, artists, and designers, particularly once they've "broken through" and started publishing and selling (and maybe merchandising too). This second Comic Book Law School session addresses some of the complicated issues surrounding marketing properties and creative ideas, including transfers and licensing of rights; production, merchandising, and distribution agreements; and the key things you should know when Hollywood comes knocking. This interactive seminar gives attendees the opportunity to participate in the discussions as Lovitz (with an assist by entertainment attorney Mona Metwalli) covers various means for profiting from creative works and explores the many important elements that form the foundation of every contract (and time permitting, maybe participate in a mock contract negotiation). With in-depth discussions about the options and opportunities for profit, as well as the problems and pitfalls that go hand in hand with each decision, you can't afford to miss this seminar. Note: The Comic Book Law School seminars are designed to provide relevant information and practice tips to practicing attorneys, as well as practical tips to creators and other professionals who may wish to attend. [This program is approved for 1.5 credits of California MCLE.]"

http://www.comic-con.org/cci/cci_search_results.php?strShow=27&chkCat%5B%5D=239

Comic-Con Program: Recapturing Copyright for Gold and Silver Age Comic Book Creators, 7/22/10

Comic-Con Program; Recapturing Copyright for Gold and Silver Age Comic Book Creators:

"Copyright lawyer Marc Greenberg (Golden Gate University School of Law) covers key developments in the Superman case (Siegel v. DC) and explores the claims filed by the Jack Kirby estate to the rights to the major Marvel Comics characters he created or co-created."

http://www.comic-con.org/cci/cci_search_results.php?strShow=27&chkCat%5B%5D=239

Comic-Con Program: Comic Book Law School 101: Start Your (Creative) Engines!, 7/22/10

Comic-Con Program; Comic Book Law School 101: Start Your (Creative) Engines!:

"Any racer will tell you that the key to winning is preparation. The same is true for creative enterprises -- rushing a new property out the door without the proper IP protections in place could be costly. Luckily, help is close by, as the Comic Book Law School series returns to Comic-Con, brought to you by noted attorney Michael Lovitz, author of The Trademark and Copyright Book comic book. This interactive lecture series provides a basic foundation for understanding copyright and trademark law. Up first, the basics of protection and ownership of ideas, works of authorship, characters, and names from conception through publication and beyond. Attendees will participate in an interactive discussion about basic rights provided under U.S. copyright and trademark laws, as well as new decisions and changes in the law and how they could affect those rights. Along the way, there will be plenty to learn about the protections, and pitfalls, of the U.S. trademark and copyright systems. Note: The Comic Book Law School seminars are designed to provide relevant information and practice tips to practicing attorneys, as well as practical tips to creators and other professionals who may wish to attend. [This program is approved for 1.5 credits of California MCLE.]"

http://www.comic-con.org/cci/cci_search_results.php?strShow=27&chkCat%5B%5D=239