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IPIC McGill Copyright Master Class

The Business of Publishing
by

Erin Finlay

on 13 June 2014

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Transcript of IPIC McGill Copyright Master Class

Monetization and Exploitation:
Media Copyright Issues

The Business of Publishing
Copyright as a Foundation for Publishing
The Past-Present: Historical business models
The Present-Present: Disruption
The Present Future
The Past: Historical Business Models
Trade
Education
Scholarly
Legal and Reference
Periodicals
Copyright and Contract
Grant of Rights - copyright ownership
Subsidiary Rights
Option Rights
Delivery & Acceptance
Publication
Advance
Cross-collaterization
Royalties
Accounting & Payment
O/P & rights reversion
Digital Uses
The Present: Disruption
user's rights (CCH v. LSUC) + user power
slow industry reaction
EBooks (explosion in fiction in 2010 – 2011) and e-content delivery
Sony Reader, Amazon Kindle, Kobo, Nook, iPad
Course Management Websites
Smart Phones and PDA’s
open access
agency pricing
new market players: bloggers, self-publishing, government, non-profit funding, MOOC's
Copyright Modernization Act; Copyright Pentalogy

The Future?
Online
Loss (or relinquishing) of control vs. TPMs/DRM
Google Books/Google Play
more aggregation
less aggregation
print-on-demand
customized content
book rentals
liquid textbooks
remixing content
selling services, not content
free content?
Trade
-Based on contract between the author and the publisher
-Negotiated b/w agent and publisher
-Copyright stays with the author; publisher takes an exclusive licence for the territory
-Author's share of royalties = 15% (based on list price of book)
- Author's share of royalties from digital = 25-30% of revenues
-Advances against royalties
-Subsidiary rights – vary but in most cases are split 50/50, include:
Territorial Rights
Markets other than traditional markets (book clubs)
Dramatic Rights
Radio and TV Rights
Audio Rights
Motion Picture Rights
Reprographic & Secondary Copying Rights
Translation and adaptation
Education
bulk of revenues from textbooks
authors receive royalty based on net revenues: K-12 = <10% royalty; post-sec 10-15% with escalation clauses
digital similar splits
copyright usually assigned to the publisher
sometimes commissioned work
rights sales (digital) vs. book sales
licensing models: subscription & transactional
Scholarly
University Presses and STM (Scientific, Technical and Medical) publishers
Peer reviewed
Books and Journals
Copyright in the name of the author
Rarely any revenue share to the author - more often author pays to get published
Most journals now available through e-subscriptions
Legal and Reference
books and journals
looks like education
more than 50% generated from e-sales
Newspapers and Magazines
mostly freelance authors (independent contractor) as opposed to staff writer (employee)
copyright with author - licence to publisher
moral rights
Robertson v. Thomson Corp [2006], 2 S.C.R. 363
Erin Finlay
General Counsel

New(ish) business models
advertising
paywalls
selling by chapter and format (mashups)
selling add-ons - video/audio/testing
Wherefore art thou Copyright?
Full transcript