Why Referral Fees Present Ethical Problems
This is a followup to my post on Thomas Nelson’s new self-publishing division, West Bow Press–specifically, on Nelson’s plans to pay referral fees to agents and others who refer writers to West Bow.
This is a followup to my post on Thomas Nelson’s new self-publishing division, West Bow Press–specifically, on Nelson’s plans to pay referral fees to agents and others who refer writers to West Bow.
As reported today in the Wall Street Journal, Thomas Nelson, a major independent Christian publisher, is adding a self-publishing line to its business.
Here are eight words you never want to hear from a publisher that is considering your manuscript for publication:
“How many books are you planning to order?”
As I close in on the end of my current writing project, the issue of self-promotion is much on my mind. I don’t mind admitting that it’s a prospect I contemplate with dread. I’m one of those I-just-want-to-sit-in-my-room-with-my-laptop writers who really is not constitutionally suited for a world in which the definition of “author” also includes “huckster” (or, if you want to be a bit more diplomatic about it, “entrepreneur”).
Imagine you’re a new writer. You’ve just completed your first manuscript, and are on fire to get it published. You
Last week, the U.S. Justice Department’s anti-trust division urged the court to reject the Google Book Search Settlement, citing “concerns of the United States regarding class action, copyright and antitrust law.” (The full text of the DOJ’s brief can be seen here.) However, it urged the parties to continue discussion, since “a properly structured settlement agreement in this case offers the potential for important societal benefits, [and] the United States does not want the opportunity or momentum to be lost.”
For some time, I’ve been receiving questions about VDM Verlag Dr Mueller, a German academic publisher. VDM describes its business
We’ve punctured a number of writers’ myths on this blog, including the notion that commercially-published writers must give back their
This morning, I opted out of the Google Book Search Settlement.
For several months, I’ve had no question that I did NOT want my books included in Google’s database. It’s not the display of bibliographic information, or even snippets, that I object to–it’s the possible uses the settlement empowers Google to make of my work down the road (including selling my books in electronic and POD form). If those uses were limited and clearly defined, I might not have a problem–but they aren’t, and I just can’t see allowing such a sweeping license to my work, where the implications of granting that license are so unclear.
My only question was whether my desire not to participate in the Settlement would be best accomplished by opting out–in which case Google would “voluntarily” honor my request not to digitize or display my books, but not be barred from changing its mind at some point in the future; the advantage is that I would retain my right to sue Google for infringement–or by opting in and directing Google to remove my books from its database, in which case I would waive forever my right to legal action against Google for any use of my work. Either option presents the risk that Google might at some future point renege, and I might find my work used anyway.
Two things convinced me that opting out was not only the best, but also the most morally acceptable, decision. The first was reading Scott E. Gant’s objection to the Settlement, which provides a blistering analysis of the Settlement’s raid upon the very ground of copyright, and also of the inadequacy of Google’s efforts to notify copyright holders. It convinced me that I couldn’t accept the Settlement, even to the degree of opting in solely to prevent Google from using my work.
The second was my conviction that the Settlement will not be approved at the Fairness Hearing on October 7. The flaws are just too glaring, the objections are just too persuasive–and then there’s the Dept. of Justice’s antitrust investigation. There could be years of litigation ahead. For writers who’ve opted into the Settlement–or who’ve done nothing and have been opted in by default–what will the rights implications be? I don’t want to be a party to that either.
In an article from the Guardian that I read this morning, an advocate of the Settlement is quoted:
“The obvious social justice and social utility impact that the book project is going to have … are getting lost in the discussion,” said Professor Lateef Mtima, director of the Institute of Intellectual Property & Social Justice at Howard University, a pioneering black college in Washington.
He suggested it would help “so many segments of our society today who for decades have been left out of the communication exchange, who have been on the wrong side of the digital divide”.
I don’t disagree. In fact, I think it’s a compelling argument. The article continues:
However, critics of the deal said that this does not address their concerns with the settlement – which are not about whether digitising books is useful, but whether the specific terms of the deal will hamper innovation and damage authors.
For me, this is exactly the issue. As alluring as is the prospect of a universal, digital world library, I don’t believe that the Settlement, fatally flawed as it is, is the way to establish that.
If you decide you want to opt out, there’s still time–you have till the end of today. See my previous post on opting out for links and information.
Writers: The deadline for deciding whether to opt out of the Google Book Search Settlement is September 4, 2009. That means you have to decide today.