Transcript Electronic publishing: IP implications of online publishing and digital

Electronic publishing: IP
implications of online publishing
and digital distribution
Lynette Owen, Copyright Director,
Pearson Education Ltd, United
Kingdom
The history : academic and
professional publishers (1)
• Major difference in the nature and speed of
progress of electronic publishing between
publishing sectors: academic and professional
publishers started in early 1990s, on CD-ROM and
online
• Demand came from users wanting to search large
bodies of content e.g. journals and legal databases
• Payment for access on subscription basis, paid by
employers or academic libraries
• Access usually via desktop or laptop computer
The history: academic and
professional publishers (2)
• By late 1990s publishers had progressed to
online delivery; major investment in
digitising back journal catalogues
• Almost all academic journals now published
online; some have abandoned print versions
• Academic book publishers also embarked
on digitisation programmes, for print-ondemand supply and e-book programmes
The history: trade (mass market)
publishers
• Far slower to move to electronic publishing
• Users generally wanted to read whole book rather
then to search large bodies of content; reluctant to
read on a computer
• Some early exceptions e.g. travel, restaurant and
wine guides
• Early dedicated e-readers (Sony Data Discman,
Rocket eBook, Franklin eBookman) failed
What has changed in recent
years?
• New generation of e-readers far more successful
(Sony Reader, Amazon Kindle and Barnes &
Noble Nook) although screen size and lack of
colour in some has not encouraged textbook use
• Early 2010 saw launch of Apple multi-function
iPad tablet computer – more suitable for
textbooks?
• Apps enable e-books to be read on smartphones
IP implications: who controls the
rights?
• Essential for publishers to acquire the rights they
need from authors to enable them to publish
electronically themselves or license others to do so
• If necessary, rights need to be cleared
retrospectively for older titles
• Literary agents now more prepared to recognise
that verbatim e-book rights represent another
publishing format and the print publisher expects
to control them
IP implications: inclusion of third
party copyright material
• Not enough to secure electronic rights in
author’s original work; need to clear
permission to use any quoted material (text,
photos, illustrations) in electronic version
• Rights may have to be recleared
retrospectively for older works
• Rightsholders need to set reasonable rates
for electronic permission
IP implications: Open Access
(OA)
• Interested parties such as scientific research
funding institutes may require that resulting
publications are made available on OA basis
(journal articles)
• Universities may seek to claim ownership
of copyright in works produced by faculty
using university time and facilities;
contracts need to be clear
IP implications: e-book pricing
and payments to author (1)
• Academic publishers tend to price e-book version
at same price as print version, and to pay royalties
on both on net receipts rather than on
recommended retail price
• Trade publishers often publish expensive hardback
edition first then cheaper paperback a year later.
E-book price tends to equate to paperback price;
most publishers were paying authors 25% royalty
• E-book sales can affect hardback sales; some
major US houses considered delaying e-book
version until 6 months after hardback launch
IP implications: e-book pricing
and payments to author (2)
• Some trade publishers have moved to “agency
model”; they set e-book price and e-retailer takes
30% cut
• Authors and agents have been pressing for larger
share, e.g. 50% or even 75%
• Some authors made e-book arrangements direct,
bypassing their print publishers (e.g. Stephen
Covey, Ian McEwan)
• Amazon currently offer 70% of e-book price to
authors who contract direct with them on
exclusive basis
IP implications: other issues
• Territoriality: if there are different rightsholders
for the same book in different markets, this must
be reflected in e-book arrangements
• The public expects e-books to be cheaper than
print versions
• Do buyers ever really “own” an e-book if the eretailer can delete it remotely?
• Do e-books make piracy easier?
Online piracy (1)
• Electronic piracy is on the rise for both books and
journals – we need to learn lessons from the music
and film industries
• Some piracy is commercial; some results from
individuals “sharing” with friends (cf Napster)
• Academic textbooks have been severely affected;
some publishers employ full time staff and
tracking software to track down piracy
Online piracy (2)
• The UK Publishers Association launched a
Copyright Infringement Portal which enables
members to issue notice and takedown to internet
service providers carrying infringing material
• Most online piracy results from scanning print
copies rather then copying e-books which are
usually DRM protected
• When licensing e-book rights, need to ensure
licensees observe territorial restrictions and apply
DRM
IP implications: the future (1)
• International legislation (e.g. the WIPO Copyright
Treaty) specify that unauthorised electronic use of
IP is an infringement and that it is illegal to
circumvent technical protection measures
• The domestic legislation of each country needs to
reflect those requirements and impose strict
penalties for infringement
• Cooperation is needed from internet service
providers with provision for swift notice and
takedown
IP implications: the future (2)
• There should be a fair balance between the
interests of creators and users
• However, the creative industries need to combat
the perception that everything on the web should
be free
• High quality and reliable content can only be
delivered if creators and those who invest in
bringing their work to market – publishers – can
depend on receiving a fair return for their labours