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This fact sheet provides the background of what an e-book is, what a writer’s rights are and how a writer’s contract for an e-book should work. What is an E-Book? An e-book is simply a book. The difference lies in
the construction; rather than going though the print process, an electronic
book is formatted to fit on your computer screen, e-book reader or a device
like a Palm Pilot, in a variety of programmes. E-books can be printed
out or read on your computer, reader or laptop screen or they can be stored
on diskettes, CD-ROMS or downloaded and viewed on your computer screen,
on a PDA, or on an electronic reading device like a Rocket eBook. Simply
put, e-books are books presented in a digital format instead of traditional
ink and paper. The new reading platforms, called e-book readers, are small,
lightweight, battery-operated, rechargeable devices that have enough memory
to store several e-books at one time. PDA's were the forerunners of the
technology behind the latest e-book readers, first pioneered by Apple
Computer which introduced the Newton MessagePad in 1993. Short for 'personal
digital assistant', these are handheld devices that combine computing,
telephone/fax, and networking features. A typical PDA can function as
a cellular phone, fax sender, and personal organiser. Unlike portable
computers, most PDA's use a stylus (pen) rather than a keyboard for input.
E-Book Rights E-book rights are a complicated issue. But it is important
that authors get to grips with the subject and understand the issues involved.
The debate involves the link between electronic rights and royalties and
why they should be negotiated separately. Royalties for e-books are much
higher than for print books, and therefore you will need to clarify the
distinction bearing in mind the industry standard for e-books seems set
to peak at 50%, against an average 10% for print books. If you sign over
your electronic rights to your publisher under a normal print contract
not only will you be giving away electronic royalties, at the same rate
as print royalties, you will no longer be free to publish the material
anywhere else. It is strongly recommended that you negotiate electronic
rights and royalties, accordingly, as a separate issue to other rights.
Contract Most e-publishers provide a copy of their contract on site (if they don't ask them to supply one). However, this doesn't count for much if you don't understand the elements within a contract. Most e-book publishing contracts seem to be reasonably fair. Generally, there are no costs to the author, although there are many exceptions to this rule. Royalty rates range from 25-70%, paid quarterly in most instances and they usually ask for electronic rights for a specific term. All of these, however, vary from site to site and one must consider all the key points. Remember that although email agreements are binding, it is better to use a contract. Royalty Rates Royalties are simply an agreed percentage paid to the author on the sale of each e-book. So if your e-book is priced at £3.50 and the royalty rate is 50% you will get £1.75 for each e-book sold and the e-publisher will get £1.75 on each sale. So you need to find out what a particular e-publisher's royalty rate is. It should be somewhere between 20-50%. Royalties are generally paid at regular intervals, normally quarterly. All of these points should be clearly stated in the contract. There is an argument which suggests that royalty rates should be much higher on the internet when one considers how little work some e-publishers put into producing and promoting works and a standard rate of 50% seems the likely outcome. Grant of rights Electronic rights give the e-publisher the right to publish your e-book in electronic form. If they ask for all rights then you will not be allowed to publish the work elsewhere, including in print. If they ask for print rights find out if they are going to publish the manuscript. Most e-publishers ask for electronic rights alone, leaving you free to pursue a print-based publisher. Be very careful that you know exactly what rights the contract stipulates. Contract Period The contract period signifies how long the contract will be binding once you have signed it. Find out how long the contract period lasts, when it starts and when it ends. Will they allow you to end the contract by giving a period of notice or do you have to see the contract out? Will they release you immediately if you find a print-publisher? Costs The contract should clearly state what fees are involved. Most e-publishers don't charge anything for e-publishing a book, some charge for cover art or formatting material, others charge for editing. Find out what expenses you may have to pay and if there are any hidden charges. Do you have to pay for promotion, for instance? Copyright Authors should retain the copyright of their work on the internet just as they do in print. Creative Control If the e-publisher you are interested in undertakes no editorial work, the author should retain creative control by default. This means you must have the final say on the content of your work. Termination Every contract should have a termination clause that
protects both the publisher and the author. This means if the publisher
does not pay your royalties on time or at all you can terminate the contract
at short notice. If you do not keep your side of the bargain then the
publisher has equal rights to terminate the contract.
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