Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Authors, Agents and Publishers Seek to Carve Out Their Rights in Electronic-Book Formats

By Michael I. Rudell and Neil J. Rosini
October 27, 2010

Three recent announcements involving electronic publishing sent ripples through the publishing industry. The first was Amazon's announcement that its sales of e-book units exceeded its sales of hardcovers by the second quarter of 2010, a trend that has reportedly continued. Although comparative sales figures do not present a complete picture, it is clear that gateway companies ' such as Amazon, Apple, Sony and Barnes & Noble that sell both e-books and proprietary e-book reading devices ' are enlarging their share of the publishing marketplace. (This article refers to them as “Digital Distributors,” even though “distributor” can be a misnomer; see below.)

The second recent announcement was that Odyssey Books, the new publishing arm of The Wylie Agency, agreed to make 20 titles available in electronic form, including modern classics by A-list authors and their estates that The Wylie Agency represents, exclusively for a two-year term through Amazon's Kindle Store. This approach bypassed not only the traditional conduits of literary works ' book publishers ' but also every Digital Distributor but one. Even physical bookstores reportedly were excluded from selling some of the books, which would only be available in Odyssey electronic editions. (See, “Celebrated Authors Bypass Publishing House to Sell ebooks via Amazon” by Alison Flood, guardian.co.uk, July 22, 2010.)

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

How AI Has Affected PR Image

When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.