Vicky Wells, "Book to E-Book: What You Should Know about Electronic Rights"--AAUP10

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Presentation by Vicky Wells, Director of Contracts and Subsidiary Rights, University of North Carolina Press given at the AAUP Annual Conference 2010.

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Association of American University Presses

Salt Lake City June 19, 2010

Ebooks are an expanding source of income

Sales

Licensing

Ebook SalesNetLibrary – owned by Ebsco

as of March 17, 2010 Overdrive

Follett

Ebrary

Ebooks Corp (Australia)

Burgeoning Consumer Market

Amazon KindleSony ReaderBarnes & Noble NookBorders Kobo and Libre eBook Libre Pro

Apple iPadGoogle Edition

What earnings will Google Editions bring?

E-book Database LicensingQuestia – owned by Gale - Cengage

as of January 28, 2010Ebrary

EBL/Ebooks Corp Library

MyiLibrary

Alexander Street Press

ProQuest

Ebsco

More questions than answers…◊Contractual e-rights assigned?

◊Third-party content e-rights?

◊Digital files available?

◊Pricing and discounts?

Primary right… to publish in print form and in all media, i.e., e-book

Subsidiary Right…to license e-booksfor access within a database

ARTICLE II. CONDITIONS OF PUBLICATION

A.Extent of the Press's License.

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.

How will you share e-book income with your authors?

Sales income?

Licensing royalties?

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."

ARTICLE IV. ROYALTIES, SUBSIDIARY RIGHTS, AND SETTLEMENT OF ACCOUNTS

B. Digital editions and databases. The Press agrees to pay the Author __% of the net proceeds derived from the sale and/or license of digital rights in the Work.

How to price ebooks?

Based on cloth price? Paperback price? Percentage of either? Flat price?

Library versus consumer sales:One price or distinct prices?

Vendor Pricing and Discount Strategies

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.

Agency Model: Apple takes 30% commission based on publisher’s set price. Rules govern the set pricing of classes of books.

Licensing issues to consider:Limit term of the agreement

Income based on perpetual access (sale) or limited access (license)

Understand contract terms

Approval of assignment

Tracking Ebooks in your database

Ebook decision – yes or no

Permissions – all approved or delete all or just specific images

Pricing and ISBN’s Vendors – metadata and file submissions

Vicky WellsDirector of Contracts and Subsidiary Rights

University of North Carolina Press