Agents of Literary Change
DOING ALL OF THE RIGHT THINGS AND STILL "COMING UP WRONG"
Are you sitting down? Well, that's a silly question. If you are reading this, you are undoubtedly sitting down. Well, before you read any further, you may want to make your way to the kitchen to grab a cup of coffee or tea or a glass of orange juice.
Before I weave my tale of publishing intrigue, I'd like to say that the names of the characters in this story have been fictionalized to protect the guilty!
Many, many years ago, a very wise man remarked to me: "You know, you can do all of the right things and still come up wrong!" At the time, I did not fully grasp the profound wisdom of his statement. Years later, his statement has come back to haunt me! So what does that statement have to do with my tale of publishing intrigue? More than you can imagine!
Okay! I'll get to the point!
I recently received a call from a colleague who during the course of our discussion about Fatherhood issues and educating children and preparing them for the global marketplace, mentioned my book.
"By the way, I saw your book on the Internet. How much did you tell me your book was selling for?"
"Why?" I asked. For some reason, the question seemed peculiar.
"Well, your book is selling for $74.13!" he informed me.
"You're kidding! Where? In Europe? Asia? Are we talking United States Dollars?" I asked.
"I'm at my computer now and I just pulled up your book on my screen and somebody is selling it for $74.13," he responded.
"Who? Who is selling my book for $74.13 and where?" I asked.
"It's being auctioned! Check it out for yourself. I'm looking at it now. The book has your title on it, your name, the name of the publisher -- there's no mistake. This your book. Check it out and get back to me," he responded as he provided me with the website address on which my book appeared.
"Okay, I'll check it out. I'll get back to you. Thanks," I said as I hung up the phone and typed in the URL of the website my colleague had given me.
And there it was! My book was being displayed on the website my colleague had been kind enough to provide to me -- with my name, information about the book, the number of pages of the book, the ISBN, the date the book was published and the name of the publisher. And someone had placed a bid on MY book of $74.13 in United States Dollars! I couldn't believe it! Someone was auctioning off my book at a price that was two-and-one-half times the original unit/retail price! How could they do that? How dare they do that? Well, that couldn't be legal, could it? I copyrighted the manuscript for the book myself -- I completed the copyright form and filed it with the Copyright Office in the United States Library Of Congress in Washington, D.C. -- paid the copyright fee -- and received a Certficate from the Copyrights Registrar. And a portion of the title of the book was a trademarked logo for the book's product line. Here again, I had personally completed the Trademark Application and received a Certificate of Registration for it from the United States Patent and Trademark Office in Washington, D.C. And I had timely renewed its registration in 2006. Wasn't it at least a slight infringement of the United States and Pan American copyright laws? Didn't this constitute a slight trademark infringement? And shouldn't my publisher and I be entitled to the proceeds from this auction? I'm alive, not dead! Don't they auction off books written only by authors who are dead? Why is someone auctioning my book and I'm alive? What is going on?
I quickly composed myself and took action! I sent a flurry of e-mails to the Royalties and Marketing Departments of the company which had published my book. The e-mails were quickly followed up with a telephone call to the publishing company's Post Publication Representative. I calmly explained the situation and posed a series of questions. The Post Publication Representative listened and took notes and promised to return my call. Within the hour, the Post Publication Representative returned my call.
"Ms. Sears, I am afraid that there is nothing we can do about this," the Post Publication Representative of the publisher that had published my book informed me.
"Why not? Someone is selling or attempting to sell my book which your company published for $74.13 which is two-and-one-half times the original sales price. That's $74.13 in profits that is not going to the pockets of your publishing company -- not to mention the royalties that I am not getting paid for the $74.13 sale. That's money that should be in both of our pockets. How did that happen? The book is copyrighted and a portion of the title is trademarked. And this sale or auction of my book is being done without my consent and without consultation with me!" I shot back.
"I'm sorry. I have discussed this situation with my colleagues here and there is nothing we can do. Here is what happened. Apparently, someone bought your book -- an individual purchased your book -- and then after reading it decided to auction it or resell it on the website that you told us about to used booksellers that we do not have a relationship with nor can we tell them how to operate. You received a royalty payment when the individual who is reselling your book now first purchased your book and we received the proceeds of that sale. We cannot receive any proceeds from the resale of your book nor are you entitled to any royalties as a result of this resale. I am sorry, Ms. Sears," the Post Publication Representative of the publisher that published my book explained.
"Well, how can I protect myself in the future?" I asked.
"Well, I'm not sure that you can," the Post Publication Representative of the publisher that published my book explained.
"So, what you're telling me is that in order to protect my intellectual property ownership rights in my next book, that the next time around I write a book, so that my next book does not get auctioned off or resold, I will need to have a clause written into my publishing contract which states that the book shall not be resold or auctioned by third party resellers without the author's or publisher's written permission and that in the event of a resale or auction of the book, the publisher is entitled to receive from the third party reseller the proceeds from the resale or auction and the author is entitled to receive from the third party reseller the royalties from the resale or auction of the book. Is that right?" I responded.
"Ms. Sears, a publishing contract like that does not exist. And no publisher would ever agree to publish your book with a clause like that in your publishing contract. I am sorry. But there is nothing we can do. And there has been no breach or infringement of the copyrights law. I will send you an e-mail which explains everything. Okay?"
"I see. Please send me an e-mail which puts your explanation in writing and send me the paragraph or paragraphs of the United States Copyright law which you state that you have in your possession which in your words says that the fact that a copyright infringement has not occurred as a result of the resale and auction of my book. Thank you for your time," I responded.
Thirty minutes later, I checked my e-mail messages. The following e-mail from the Post Publication Representative of the publisher of my book appeared:
"Dear Ms. Diane Sears,
Good Day. I hope all is well. I received an email regarding your concern about your book being auctioned by an individual without your consent. The $74.13-book that is being auctioned on www.xxxxxx.com is from a third party seller. What happened was when customers decided to sell their copy of the book to book resellers, like www.xxxxxxx.com, www.xxxxxx.com, XxxxxxxandXxxxxx.com, we do not have a relationship with these used book resellers nor do we have a say in the way they operate their business since they got these books from the customers who decided to sell their purchased books to them.
These used book resellers are entitled to sell used book under the first sale doctrine of copyright law, which reads as follows:
17 U.S.C. 109(a):
'Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord (a) Notwithstanding the provisions of section 106(3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord. . . . .'
As with all sales, you receive royalties on each printing of your book. Any copy obtained by these resellers and offered for sale with a lesser or higher price has been originally obtained from either Xxxxxxxx Distribution, Xxxxxx and Xxxxx, or Xxxxxx directly, with the royalties credited to you. Therefore, no sale is being made outside of the proper channels or against your rights to your work.
I hope I was able to address your concern. Should you still have other questions, please let me know.
Thank You.
Sincerely,
Jane Doe
Post-Publication Representative"
Not in my wildest dreams had the prospect of my book being auctioned off by third party book resellers ever occurred to me!
I had been "blindsided"!
Hmmn, now what was that about "doing all of the right things" and still "coming up wrong"?
Okay! I get it!
Before I weave my tale of publishing intrigue, I'd like to say that the names of the characters in this story have been fictionalized to protect the guilty!
Many, many years ago, a very wise man remarked to me: "You know, you can do all of the right things and still come up wrong!" At the time, I did not fully grasp the profound wisdom of his statement. Years later, his statement has come back to haunt me! So what does that statement have to do with my tale of publishing intrigue? More than you can imagine!
Okay! I'll get to the point!
I recently received a call from a colleague who during the course of our discussion about Fatherhood issues and educating children and preparing them for the global marketplace, mentioned my book.
"By the way, I saw your book on the Internet. How much did you tell me your book was selling for?"
"Why?" I asked. For some reason, the question seemed peculiar.
"Well, your book is selling for $74.13!" he informed me.
"You're kidding! Where? In Europe? Asia? Are we talking United States Dollars?" I asked.
"I'm at my computer now and I just pulled up your book on my screen and somebody is selling it for $74.13," he responded.
"Who? Who is selling my book for $74.13 and where?" I asked.
"It's being auctioned! Check it out for yourself. I'm looking at it now. The book has your title on it, your name, the name of the publisher -- there's no mistake. This your book. Check it out and get back to me," he responded as he provided me with the website address on which my book appeared.
"Okay, I'll check it out. I'll get back to you. Thanks," I said as I hung up the phone and typed in the URL of the website my colleague had given me.
And there it was! My book was being displayed on the website my colleague had been kind enough to provide to me -- with my name, information about the book, the number of pages of the book, the ISBN, the date the book was published and the name of the publisher. And someone had placed a bid on MY book of $74.13 in United States Dollars! I couldn't believe it! Someone was auctioning off my book at a price that was two-and-one-half times the original unit/retail price! How could they do that? How dare they do that? Well, that couldn't be legal, could it? I copyrighted the manuscript for the book myself -- I completed the copyright form and filed it with the Copyright Office in the United States Library Of Congress in Washington, D.C. -- paid the copyright fee -- and received a Certficate from the Copyrights Registrar. And a portion of the title of the book was a trademarked logo for the book's product line. Here again, I had personally completed the Trademark Application and received a Certificate of Registration for it from the United States Patent and Trademark Office in Washington, D.C. And I had timely renewed its registration in 2006. Wasn't it at least a slight infringement of the United States and Pan American copyright laws? Didn't this constitute a slight trademark infringement? And shouldn't my publisher and I be entitled to the proceeds from this auction? I'm alive, not dead! Don't they auction off books written only by authors who are dead? Why is someone auctioning my book and I'm alive? What is going on?
I quickly composed myself and took action! I sent a flurry of e-mails to the Royalties and Marketing Departments of the company which had published my book. The e-mails were quickly followed up with a telephone call to the publishing company's Post Publication Representative. I calmly explained the situation and posed a series of questions. The Post Publication Representative listened and took notes and promised to return my call. Within the hour, the Post Publication Representative returned my call.
"Ms. Sears, I am afraid that there is nothing we can do about this," the Post Publication Representative of the publisher that had published my book informed me.
"Why not? Someone is selling or attempting to sell my book which your company published for $74.13 which is two-and-one-half times the original sales price. That's $74.13 in profits that is not going to the pockets of your publishing company -- not to mention the royalties that I am not getting paid for the $74.13 sale. That's money that should be in both of our pockets. How did that happen? The book is copyrighted and a portion of the title is trademarked. And this sale or auction of my book is being done without my consent and without consultation with me!" I shot back.
"I'm sorry. I have discussed this situation with my colleagues here and there is nothing we can do. Here is what happened. Apparently, someone bought your book -- an individual purchased your book -- and then after reading it decided to auction it or resell it on the website that you told us about to used booksellers that we do not have a relationship with nor can we tell them how to operate. You received a royalty payment when the individual who is reselling your book now first purchased your book and we received the proceeds of that sale. We cannot receive any proceeds from the resale of your book nor are you entitled to any royalties as a result of this resale. I am sorry, Ms. Sears," the Post Publication Representative of the publisher that published my book explained.
"Well, how can I protect myself in the future?" I asked.
"Well, I'm not sure that you can," the Post Publication Representative of the publisher that published my book explained.
"So, what you're telling me is that in order to protect my intellectual property ownership rights in my next book, that the next time around I write a book, so that my next book does not get auctioned off or resold, I will need to have a clause written into my publishing contract which states that the book shall not be resold or auctioned by third party resellers without the author's or publisher's written permission and that in the event of a resale or auction of the book, the publisher is entitled to receive from the third party reseller the proceeds from the resale or auction and the author is entitled to receive from the third party reseller the royalties from the resale or auction of the book. Is that right?" I responded.
"Ms. Sears, a publishing contract like that does not exist. And no publisher would ever agree to publish your book with a clause like that in your publishing contract. I am sorry. But there is nothing we can do. And there has been no breach or infringement of the copyrights law. I will send you an e-mail which explains everything. Okay?"
"I see. Please send me an e-mail which puts your explanation in writing and send me the paragraph or paragraphs of the United States Copyright law which you state that you have in your possession which in your words says that the fact that a copyright infringement has not occurred as a result of the resale and auction of my book. Thank you for your time," I responded.
Thirty minutes later, I checked my e-mail messages. The following e-mail from the Post Publication Representative of the publisher of my book appeared:
"Dear Ms. Diane Sears,
Good Day. I hope all is well. I received an email regarding your concern about your book being auctioned by an individual without your consent. The $74.13-book that is being auctioned on www.xxxxxx.com is from a third party seller. What happened was when customers decided to sell their copy of the book to book resellers, like www.xxxxxxx.com, www.xxxxxx.com, XxxxxxxandXxxxxx.com, we do not have a relationship with these used book resellers nor do we have a say in the way they operate their business since they got these books from the customers who decided to sell their purchased books to them.
These used book resellers are entitled to sell used book under the first sale doctrine of copyright law, which reads as follows:
17 U.S.C. 109(a):
'Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord (a) Notwithstanding the provisions of section 106(3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord. . . . .'
As with all sales, you receive royalties on each printing of your book. Any copy obtained by these resellers and offered for sale with a lesser or higher price has been originally obtained from either Xxxxxxxx Distribution, Xxxxxx and Xxxxx, or Xxxxxx directly, with the royalties credited to you. Therefore, no sale is being made outside of the proper channels or against your rights to your work.
I hope I was able to address your concern. Should you still have other questions, please let me know.
Thank You.
Sincerely,
Jane Doe
Post-Publication Representative"
Not in my wildest dreams had the prospect of my book being auctioned off by third party book resellers ever occurred to me!
I had been "blindsided"!
Hmmn, now what was that about "doing all of the right things" and still "coming up wrong"?
Okay! I get it!
Tags: auction, books, d.a., of, publishing, resale, royalties, sears
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We have lost numerous members because of the amount of 'friend' mail they instantly receive. This Hurts Everyone.
Spam is unsolicited advertising, whether it is posted as comments on other members' pages or is emailed for marketing purposes.
Please be considerate. Post your advertisement in the proper Articles/Forum or Group. There are free classifieds on the Pages tab. You can post your information on your profile and even update your blog as often as you like.
We are not into censorship, so please don't make us ask you to leave. Be kind and unselfish - don't spam.
SPAMMING IS STRICTLY PROHIBITED
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