iBooks Author and the Indie Writer: How Apple’s New EULA Could Affect You
The big news hitting the internet waves (air waves?) over the past couple of days has been Apple’s announcement of the new iBooks Author application, which they advertise as a free application for the Mac via the Mac App store:
Available free on the Mac App store, iBooks Author is an amazing new app that allows anyone to create beautiful Multi-Touch textbooks — and just about any other kind of book — for iPad. With galleries, video, interactive diagrams, 3D objects, and more, these books bring content to life in ways the printed page never could.
Sounds great, right? Most people certainly thought so yesterday. I saw many comments across the internet heralding Apple’s new program, including claims that they were going to revolutionize the textbook industry, that this was the Next Big Thing ™ in self-publishing.
Thank goodness I decided to wait a day or so before I posted the news here on Indie Beware. Because there’s been some pretty questionable information coming out on the End User License Agreement (EULA) that all authors and publishers would be agreeing to simply by downloading the iBooks Author software.
This is right up my alley, as outside of my writing and my day job, I’m a total tech-head. I love reading and following anything and everything about technology. So, to summarize the information that I’ve gathered, including the relevant links:
By downloading iBooks Author to your Mac, you’re agreeing on default to the EULA. This is a bit backwards from most software downloads; the majority of software downloads allow you to download it and then prompts you to accept the EULA before you use the application.
Any books created using iBooks Author that you plan to sell can only be sold exclusively through Apple’s iBookstore. While this isn’t enforcable in the context of creating a book and then syncing it to your iPad for your own personal use, once you hit the point of wanting to sell the book to the general public, you can only sell it via the iBookstore. To quote from the EULA:
IMPORTANT NOTE:
If you charge a fee for any book or other work you generate using this software (a “Work”), you may only sell or distribute such Work through Apple (e.g., through the iBookstore) and such distribution will be subject to a separate agreement with Apple.
and
B. Distribution of your Work. As a condition of this License and provided you are in compliance with its terms, your Work may be distributed as follows:
(i) if your Work is provided for free (at no charge), you may distribute the Work by any available means;
(ii) if your Work is provided for a fee (including as part of any subscription-based product or service), you may only distribute the Work through Apple and such distribution is subject to the following limitations and conditions: (a) you will be required to enter into a separate written agreement with Apple (or an Apple affiliate or subsidiary) before any commercial distribution of your Work may take place; and (b) Apple may determine for any reason and in its sole discretion not to select your Work for distribution.
What does this mean? It means that when you submit your eBook to Apple’s iBookstore, you’re agreeing to give them a 30% cut of your sales. No big deal, right? We all give Amazon at least 30% of our proceeds already, yes?
Except, not so fast. Nowhere does Apple guarantee they will actually accept the book to sell in their iBookstore. No idea what the criteria is (it seems to be subject to Apple’s whims quite frequently on apps’ acceptance criteria alone), but if for some reason your book doesn’t meet the criteria and Apple rejects it, you are, in a word, screwed. You cannot, under the EULA you agreed to when you downloaded iBooks Author, turn around and upload the same book to Amazon instead. Because in the EULA, Apple is claiming rights to the product put out using the iBooks Author software.
Before you freak out, please note that Apple isn’t claiming rights to your book itself. The text you wrote is still yours. They are, however, claiming the right to the product you create using iBooks Author. There is apparently an option in iBooks Author to strip out everything formatting-related so you can take the manuscript into another program to re-format it and upload it to Amazon. But you cannot use iBooks Author to develop an attractive eBook and then upload it to Amazon instead of Apple.
Apple is, as usual, asking a lot of authors here. I would highly recommend indies read all the articles I linked above and study everything they say before deciding whether or not to jump in on Apple’s new deal. While I have been outspoken in other forums about my personal distaste for Amazon’s KDP Select program (99% of it being related to the exclusivity demands), I have to admit I’d recommend KDP Select over this any day. But, as is usual, every writer’s situation is different from all other writers’, and there is no one-size-fits-all solution. Please read and consider carefully before you decide whether or not to agree to their terms and use Apple’s iBooks Author.
Drive-By Post: David Gaughran Issues a General Warning to Self-Publishers
Self-publishing advocate and author of the excellent book Let’s Get Digital: How To Self-Publish, And Why You Should, David Gaughran, has written a fantastic post for IndieReader entitled “Why Self Publishing Authors are a Target for Conmen.” The article is definitely a must-read for every self-publisher:
Self-publishers have done a very good job of arguing for the viability of this path, and many writers have heeded the call. However, now the sharks are circling, we need to get another message out: stay away from these services, protect your royalties, and guard your rights carefully; don’t be afraid to do it all yourself; there is plenty of (free) advice out there and plenty of writers willing to help.
I can’t quote the article in its entirety here, but I highly, highly recommend that everyone go over there right now and read it in full. Now. Go. Shoo.
Allow Myself to Introduce…Myself.
As I prepare several posts to get things kicked off here, I figure it’s time I took a few moments to introduce myself, to let everyone know exactly who it is behind Indie Beware. Because, when it boils down to it, indies have got to know who it is behind this project and what my credentials are in order to trust what I have to say.
So without further ado:
My name is Jessica Meigs. I am a published author, but don’t let that fool you. I was once a self-publisher who has every intention of continuing on that path, of mixing it up with both markets. I self-published two novellas that had some success (The Becoming: Outbreak and The Becoming: Safe House, both of which were combined into the aforementioned published books).
I’ve been a student of the publishing industry for years now (so long that I remember when AbsoluteWrite had their initial neverending thread on PublishAmerica) and am well versed in the red flags to look out for in publication scams. I believe I have a unique perspective to offer when it comes to publication: not only have I seen both the traditional and self-publishing sides of the coin, I’ve also worked for a publisher, and as such, I’ve gained quite a bit of knowledge over the years on what to expect from all sides.
That said, Indie Beware is here to cover a wide range of topics, from scam warnings and questionable publisher and agent activities that target indies to the basic things that concern indies (with wondrous topics such as, “What the heck is the big deal with BookCountry?”), how to find good editors and cover artists, how to write query letters if you decide to make the jump for an agent or publisher, and more. Plus, I’ll be covering news that directly affects independent writers and publishers.
Not all of this news has to be bad, though. Have questions about a particular publisher you’ve never heard of? Let me know! Wondering who the agent is that contacted you and what their track record is like? Let me know! I’ll help you do the research and decide for yourself whether or not the next step is right for you.
This site is designed to give you, the indie/self-published writer, the tools you need to guide your career in the right direction. In many cases, that direction, that step you decide to take, may not be right for everyone. Many of those that give indies advice take a one-size-fits-all approach. No one’s career is one size fits all. Ultimately, this site’s main objective isn’t to warn indie publishers of scams coming their way. This site’s main objective is to educate. Because absolutely nothing beats a good, sound education, and as I’ve observed, a lot of indies are woefully unprepared for dealing with the industry as a whole.
I’m here to change that.
Have any questions, comments, concerns, suggestions, and/or warnings about a particular agent, publisher, etc.? Please feel free to email me at indiebeware@gmail.com and I’ll get back to you ASAP!
Welcome to the Official Grand Opening of Indie Beware!
Welcome to the Grand Opening of Indie Beware! This is a new website designed by indies, for indies, specifically to keep self-published writers informed of what’s happening in the wonderful world of publishing. Indie Beware is going to be broken down into three major segments:
1. Warnings / Bewares / Background Checks for agents, publishers, and services;
2. Indie-related publishing industry news;
and 3. Indie education.
Believe me, there is a lot of ground to cover in the indie industry, more than I believed there would be when I first got the idea for this project. So, naturally, while I work up some research for some posts, I turn it over to you guys and ask:
INDIES: What would YOU like to see covered here on Indie Beware? What do YOU have questions about? Are there any particular publishers or agents who have contacted you that you have questions about? Feel free to comment here and tell us what you would want to see on Indie Beware! (Comments are screened; if you’d like your comment to stay screened due to sensitive information, please note that in your comment.)
Welcome to Indie Beware!
Welcome to the inaugural post of Indie Beware! This is a new blog designed to alert independent and self-published writers of scams and questionable publication-related activities in the oftentimes frustrating and complicated world of self-publishing. There are a growing number of people choosing to dip their toes into self-publication, and as a result, there are a growing number of publishers and agents contacting successful independent publishers and offering them deals. Unfortunately, some of these deals are from questionable agents or publishers or are downright scams. And unfortunately, there is no central clearinghouse for indies to go to to research the reputations of the publishers and agents who contact them.
This is where Indie Beware comes in.
Indie Beware is designed specifically to put out alerts for writers much in the same manner as Writer Beware. But while Writer Beware focuses primarily on traditionally-targeted scams, Indie Beware will focus on those scams and questionable activities targeted to self-published writers. In addition, Indie Beware will be doing frequent posts that are geared toward educating indie writers in the traditionally published market, including need-to-know information on how to get an agent, how to handle a publisher contacting you, what do do if you’re offered a contract, and what to look out for in said contracts. We’ll also be covering general publishing industry news, including the news that directly affects self-publishers.
In all, we hope that Indie Beware becomes a go-to resource for independent and self-published writers the world over! We hope you stick around for the ride!