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Copyrights and Amazon’s eBook Recall

Posted by David Boultbee On July - 20 - 2009

Amazon sparked an outcry in the blogosphere late last week when it deleted two books from people’s Kindles. Ironically the eBooks in question were George Orwell’s “1984″ and “Animal Farm”, prompting headlines like

Some E-Books Are More Equal Than Others

Amazon recalled the ebooks because the publisher lacked the rights. As an author, I can appreciate the steps that Amazon took to remedy the problem even if I don’t agree with their methods. No doubt about it, Amazon made a mistake, not in what they did, but in how they went about it. Working for a public relations firm, I’ve gained new appreciation for the value of proper communications, something that Amazon would do well to heed. It also raises disturbing issues regarding ownership and censorship. If Amazon can delete the books in question, there is nothing to say that they can’t replace existing books with ‘edited’ versions. Sounds very ‘Big Brother’ to me.

However, this points to a problem inherent in self-publishing. Where are the checks and balances? Amazon states that the eBooks

… were added to our catalog using our self-service platform by a third-party who did not have the rights to the books…

How does something like that happen in the first place, especially given the titles in question? Surely this should have raised some red flags for someone somewhere? If this had been a traditional publisher, there would have been more steps involved before it was published but even that is no guarantee.

When I was accepted for publication, I provided the publisher with the copyright certificate for my novel but it wasn’t a requirement. The main difference is that there is a relationship inherent in this arrangement so my certifying in the contract that I own the work free and clear is probably sufficient. This relationship doesn’t exist in the self-publishing world. Also the process of editing makes it difficult to obtain a copyright before the contract has been signed. This doesn’t hold true for self-publishing.

The rise of eBooks and blogs has made it easier than ever for people to make their voice heard. It has also made it easier than ever for other people to steal someone else’s work. Perhaps it’s time for companies in the business of self-publishing to reevaluate the requirement for copyright.

One Comment

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