AUTHORS RETAIN RIGHTS TO E-BOOKS!

           The Poets may decree that a rose by any other name is still a rose, but a Judge of the United States District Court for the Southern District of new York has determined that a book by the name of E-book is, indeed, not a book within the traditional book publishing contract definition.

           The case, Random House, Inc. v. Rosetta Books, LLC, concerns random House’s attempt to enjoin Rosetta Books from selling "in digital format" eight specific works, on the grounds that the authors, William Stron, Kurt Vonnegut and Robert B. Parker, had previously granted Random House the right to "print, publish and sell the works in book form".

           The Court, after analyzing the terms of the contract and prevailing law, concluded that E-books were not use in "book form" therefore did not fall within the grant of rights.

           Specifically, the Court cited to the contract provisions concerning book club editions, reprint editions, and abridged forms, as well as other rights reserved to the authors, concluding that "to print, publish and sell the work in book form" is understood in the publishing industry to be a "limited grant."

           The Court further found that E-books take advantage of the digital medium’s ability to manipulate data to electronically search for specific words and phrases, change font size and style, type notes into the text and electronically organize them, highlight and bookmark, hyperlink to specific parts of the text, and to other sites on related topics.

           Accordingly, the Court denied Random House’s request for a Preliminary Injunction.

           Those of you who have previously had photo or other books published, or are in the process of doing so, or intend (or hope!) to in the future, should take notice that words in contracts have specific meanings and are important.

           The case is on appeal so we have not heard the last word yet.