Author lodges claim against Thomson, PhoenixATLANTA, Ga., May 31, 2007 -- A veteran textbook author, Patrick McKeown, accused for-profit University of Phoenix of using unauthorized versions of one of his books. Too, says Patrick McKeown, University of Phoenix took content from the book for online courses that are a Phoenix specialty. In a federal lawsuit, McKeown also claimed that the original publisher of the book, two subsidiaries of the Thomson media conglomerate, participated in the copyright infringement by providing a customized version of the book to the University of Phoenix. McKeown said he believes 45,000 copies drawn from his Information Technology and the Networked Economy were sold to Phoenix students. McKeown wrote the book in 2000 when he peas on the University of Georgia faculty. He has since retired.
suit was filed in April, but McKeown delayed further action when the two Thomson companies, Thomson Learning Inc. and Course Technology Inc., asked for time to pursue discussions. After no further communication, McKeown renewed the action. The issue may be complicated because the parent Thomson company has begun the process of selling the higher-education assets of Thomson Learning.
The McKeown book has convoluted history. It was first published in 2000 by Harcourt Brace. In 2001 Thomson bought the college division of Harcourt Brace. Thomson assigned a second edition to its Thomson's Course Technology division. That edition was published in 2002. Unhappy with Thomson marketing, McKeown requested that the copyright be returned to him. He regained the rights in 2004. The only rights left to Thomson were to sell existing copies of the physical book from the inventory, he said.
McKeown's lawsuit charges other legal wrongs. The lawsuit accuses Thomson of selling a customized version of the textbook through a Thomson web site called Thomson Custom Solutions. The lawsuit also accuses Thomson of selling unauthorized Chinese-language versions. McKeown said at one point he received an explanation that the electronic versions were an "inadvertent mistake." |
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PATRICK MCKEOWN
Information Technology and the Networked Economy
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Simon & Schuster, Plame sue CIANEW YORK, May 31, 2007 -- Trade-book publisher Simon & Schuster and former Central Intelligence Agency operative Valerie Plame Wilson sued the CIA. The spy agency, according to the suit, has tried to prevent Plame and Simon & Schuster from publishing her memoirs. The suit asks a federal judge to order the CIA to stop interfering with publication of unclassified or "unclassifiable" information. Plame's book, due in October, is expected to detail her work in Africa -- which Bush administration officials disclosed, in effect outing her, in what critics say was an administration attempt to discredit her husband's criticism of the rationale for the Iraq war.
The Simon & Schuster-Plame suit, filed in U.S. District Court in New York, claims that Plame's service dates in the CIA had been released already by the agency in an unclassified document. The dates also can be found in the Congressional Record and on the web, the suit says. Simon & Schuster spokesperson Adam Rothberg said: "This is public information. The CIA can't just make it disappear."
Writers Union joins protest against SchusterNEW YORK, May 29, 3007 -- The National Writers Union called in Simon & Schuster to scrap new language in its standard author contracts that allow the publisher to control a book even if it is stored only as an electronic file. The Union joined the Authors Guild Science Fiction and Fantasy Writers of America in calling the new language author-unfriendly because it eliminates the opportunity of authors to reclaim rights to a book when inventories run low. Jerry Colby, president of the Writers Union, said: "Simon & Schuster is violating the principle that a publisher should retain rights to a book only if it continues to invest significantly in the work." Colby called the new language "a naked power grab."
Simon & Schuster has defended its new language as in keeping with opportunities presented by print-on-demand technology. WIth POD, books are be printed in small lots, even one copy, to satisfy diminished market demand. The change, says Schuster, is not author-unfriendly: "We want to sell more copies of our authors' books," said Simon & Schuster spokesperson Adam Rothberg. At the Writers Union, Colby found the Schuster claim contentious. Colby accused that Simon & Schuster of seeking to p the rights to a many works as possible. If POD is the only feasible way to keep older titles available, those rights should be controlled by the author -- not the publisher, Colby said. |
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Amazon widens print-on-demand serviceSEATTLE, Wash., May 29, 2007 -- Internet retailer Amazon.com, which acquired the print-on-demand company BookSurge two years ago, has signed POD deals with HarperCollins, McGraw-Hill Pearson and Wiley, Amazon.com announced the deals in a campaign to rev-up business for BookSurge. Originally BookSurge focused on self-published and other individual authors as an outlet for out-of-print or out-of-stock books
2006 el-hi sales dip, college salesNEW YORK, May 22, 2007 -- Educational titles had a mixed year in 2006, according to the Association of American Publishers. In a report based on data from the U.S. Census Bureau as well as sales data from publishers, estimated that el-hi sales fell by 5.8 percent to $6.2 billion. Higher-ed titles did better at $3.5 billion, up 2.8 percent. Overall, the book industry had net sales of $24.2 billion in 2006.
Oxford drops gazetteer in India| NEW DELHI, India, May 21, 2007 -- Oxford University Press has withdrawn a 2005 gazetteer in India in response to complaints about accuracy. The Concise Dictionary of World Place Names misstated the local language in Bangalore,in south India, as Bengali. The Bangalore language is Kannada. Oxford is especially sensitive to complaints from India, where Hindu activists destroyed a museum in protesting a controversial 2003 Oxford title on the 17th-century Hindu king Shivaji. |
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Schuster on contract: Authors to benefitNEW YORK May 21, 2007 -- Giant trade-book publisher SImon & Schuster has sent a letter to its authors and their agents, saying that authors stand to benefit from print-on-demand technology that led the company to create new standard contract language that has riled authors and agents. The new language allows Simon & Schuster to deny a reversion of rights to authors for books that are past their prime or that never sold to an author's expectations. The company had slipped the language into new contracts, bringing no attention to the change until the Authors Guild made the change a public issue.
In the letter, Simon & Schuster acknowledged that its former standard contract specified "a minimum level of activity for print on demand titles" at which rights would go back to the author so the author can find another outlet. The letter went on: "Our experience with the current high quality and accessibility of print on demand titles indicates to us that such minimums are no longer necessary." The letter also said that Simon & Schuster's position on reversions for active titles remains unchanged. The letter seemed to affirm an earlier company statement that rights are negotiable: "As always, we are willing to have an open and forthright dialogue on this or any other topic."
The letter was civil, addressed to "our colleagues in the author and agent community." The letter, however, accused the Guild of perpetuating "serious misconceptions: about print-on-demand possibilities to increase long-term sales of books. Print-on-demand is "simply a means of manufacturing a book, making it widely available to retailers and consumers." |
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Simon & Schuster: Guild over-reactingNEW YORK, May 17, 2007 -- Responding to growing author outrage at new standard contract language, Simon & Schuster issued a statement that said authors, specifically the Authors Guild, was over-reacting. Adam Rothberg, a Simon ∓ Schuster spokesperson, said:
"We believe that our contract appropriately addresses the improved technology, increased availability, and higher quality of print on demand books, and reflects the fact that print on demand titles may now be readily purchased by consumers at both online and brick and mortar stores.
We are embracing print on demand technology as an unprecedented opportunity for authors and publishers to keep their books alive and available and selling in the marketplace in a way that may not have been previously possible for many authors, and are confident in the long term that it will be a benefit for all concerned.
"We would also like the author and agent community to know that, when necessary, we have always had good faith negotiations on the subject of reversions, and will continue to on a book-by-book basis." |
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Academic genre sales down in MarchNEW YORK, May 17, 2007 -- March sales declined in genres in which academic authors do their most of their writing, according to the latest Association of American Publisher compilation of the U.S. market. El-hi sales were off 9.8 percent. For the U.S. book industry overall, net sales in March were by 1.7 percent, compared to a year earlier. A selected breakdown:
El-hi: Off 7.4 percent to $145.4 million for March, off 9.8 percent for the year.
Scholarly and professional: Off 3.5 percent to $49 million for March, off 1.4 percent for the year.
College: Off 23.4 percent to $5.9 for March, up 4.8 percent for the year.
University press (hard): Up 4.8 percent to $5.9 million for March, up 4.8 percent for the year.
University press (paper): Off 3.3 percent to $4.2 million for March, up 3.5 percent for the year.
Sci-fi authors pile on against SchusterNEW YORK, May 17, 2007 -- The Science Fiction and Fantasy Writers of America added its voice to opposition against new Simon & schuster contract language that, in effect, eliminates the reversion provision that gives the rights to a book back to the author The sci-fi writers called on Simon & Schuster to rescind the "pernicious" change. The Authors Guild earlier protested the change, which would lock authors in perpetuity into Simon & Schuster as the publisher of contracted works no matter how few are actually available for traditional sale. As long as a book is in the publisher's electronic database, which costs the publisher nothing, the author is barred by the new contract language for seeking an alternate publisher.
The change, said the sci-fi writers; association, "expands upon an already-developing trend to use technologies, not to the benefit of authors, but as a way to seize rights that writers have traditionally taken for granted." The association noted that new technology, which allows printing one copy at a time to fill orders, gives publishers no motivation to do more marketing or promotion of books. |
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Copyright owners: China tops piracy nationsWASHINGTON, May 17, 2007 -- Global piracy cost U.S. book publishers massive sums in 2006, the Association of American Publishers reported at a news conference. Pat Schroeder, association president, said that commercial-scale photocopying, illegal print runs, unauthorized translations,CD-R burning of text and Internet piracy have created massive losses -- $1 billion -- for commercial bestsellers, academic books and journals. In addition, piracy of trade books, in English or translation, undercuts the ability of legitimate companies to do business in both countries, Schroeder said.
In Malaysia and Mexico massive photocopying of academic texts has decimated the educational market, Schroeder said. Also, Canada has failed to implement important measures to protect content online, she said. Schroeder was especially critical of China and Russia.
The news conference was part of a meeting of U.S. copyright industry groups and the Congressional International Anti-Piracy Caucus to unveil the top five countries on the Caucus' 2007 priority watch list: China, Russia, Malaysia, Mexico and Canada.
The claims of losses were staggering. The software reported that copyright industries estimate they lost more over $2.3 billion in China in 2006. Book publishers pegged losses of $52 million resulting from piracy of books and journals -- more than double the estimated total value of legitimate book exports to China last year. That figure does does not include digital piracy on the Internet, Schroeder said. Russia's piracy problem remains among the worst in the world, with piracy devastating legitimate markets for all copyrighted materials.
Authors fault rejiggered Schuster boilerplateNEW YORK, May 16, 2007 -- The Authors Guild, whose members are mostly trade-book authors, issued an alert that Simon & Schuster has revised its standard contract language to own the rights to an author's work as long as it remains in the company's electronic database. Agents who represent authors allied themselves with he Guild. The trade journal Publishers Weekly used the word "rights grab" to characterize the Guild's objections to Simon & Schuster's new contract language.
Paul Aiken, executive director of the Guild, said the new language gives the Simon & Schuster the ability to retain rights to a book for the entire length of copyright, even if the book is not in print but remains in S&S's electronic database. Traditional book-industry practice has been for the rights to a book to revert to the author when sales reached an agreed upon low level or the book goes out of print. In effect, the new language would allow Simon & Schuster not only would prevent an from seeking another publisher if a book doesn't do well but also would allow SImon & Schuster to keep the book out of a competitor's hands. "This is an electronic warehousing of rights," Aiken said.
In its alert to members, the Guild said that an author who signs the new contract is being put into perpetual bondage Simon & Schuster: "Your book will live and die with this particular conglomerate." The Guild told authors to seek another publisher. At this point, the Guild said, no other publisher is seeking the irrevocable grant of rights. Also, if a book is being auctioned, authors were encouraged to exclude Simon & Schuster from the proceedings unless the company agrees to delete the new language. |
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| WHAT THIS MEANS FOR ACADEMIC AUTHORS
Simon & Schuster no longer is in the textbook business, but the company publishes some titles by academic authors.
Watch for the reversion of rights clause in new contracts and in contract revisions tat float your way.
Authors with other publishers should be alert too. Many houses have considered redefining out of print in ways so that no book ever leaves their fold. |
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Pearson to acquire eCollegeMEW YORK, May 15, 2007 -- Publishing giant Pearson, a major U.S. textbook player through its Pearson Education imprints, offered $538 million for the distance learning company eCollege. The offer, about 10 times eCollege's sales last year, surprised the investment community -- roughly triple some recent publishing industry deals. The deal, subject to final approvals, would have Pearson selling eCollege's small Datamark enrollment business back to eCollege chair Oakleigh Thorne for $41 million. For the rest of eCollege, Pearson said it looks to grow the company through its global "scale and reach."
ECollege, founded in 1996, offers a wide range if online courses, most post-secondary. Last year about 1.2 million students were enrolled in at least one eCollege course. ECollege's eLearning division will continue to operate in Denver with Matthew Schnittman continuing as president.
Thomson bids to take over ReutersLONDON, May 2, 2007 -- The Thomson media empire, whose interests include Wadsworth and other textbook publishing houses, is looking for a bigger stake in financial news media. The news agency Reuters announced that it has received a takeover bid. Informed sources said the bid was from Thomson Financial, a smaller rival of Reuters in financial publishing. Combined, Reuters and Thomson would be larger than market leader Bloomberg.
News of the Thomson offer was received favorably. Jeffrey Ubben, a managing partner of ValueAct, a major Reuters shareholder, said tremendous synergy would be possible. Ubben commended the quality of Wadsworth management from an investment perspective. Reuters stock shot up 25 percent. A deal, however, is far from done. Reuters has a system in place to assure that any acquisition honors the news integrity of the company, whose most widely known product is the Reuters global news service. The Reuters news agency goes back to 1851.
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