Return to IBPA’s Ask the Experts
Topics Discussed Below Include:
Whether to Use Lightning Source and Create Space for the Same Book
Determining Whether Something is a Registered Trademark
Terms and Conditions for Literary Contests
Microsoft Word Starter Edition Issues
Converting Hyperlinks in eBook Into Endnotes for a Print Edition
Paying an Intern
I just began my new title with LS for POD and soon will add the E version. I understand that it may be best to overlap and also publish through Create Space for book and E to cover gaps that each company has in marketing and availability. Is it true that that situation still exists?
All you have to do is sign up for LSI and Create Space and submit your print ready file (with the ISBN that you purchased from Bowker – do not use any third party suppliers) to both companies. They are both printers and distributors… you, as the publisher, have the right to distribute and print to as many places as you like.
~ Amy Collins started her career in the book industry as the book buyer for Village Green Books. She then “hopped the desk” and enjoyed 5 years as a National Account Rep. In 2001, Amy was named Director of Sales at Adams Media and eventually Special Sales Director for parent company, F+W Media. Amy founded The Cadence Group and New Shelves Distribution in 2006 to offer services to new and small presses.
We are preparing to publish an ebook and have one concern- “Tegretol” is used repeatedly in the text. This is the name of a drug used to treat epilepsy. My question is, how do I determine whether the drug name is a registered trademark, and if it is, do I have to mark it everywhere it appears in the text?
As a general rule, you don’t have to show a trademark notice if you are referencing a trademark in a book. However, If you are using a trademark “on” a book, or in its marketing, that rule may not be applicable.
What is most important, is that you do nothing that would falsely imply or suggest any association, endorsement or sponsorship by the trademark owner. So, you cannot use a company’s logos or tag lines or slogans in your marketing, unless an attorney advises you the unauthorized use is protected under the First Amendment, or otherwise.
As a courtesy to trademark owners, always us an initial capital letter, or quotes, or italics, to make the trademark stand out. Also, adhere to the rules of trademark grammar. Trademarks should be used as adjectives, not nouns. Once a brand, aspirin is now the generic term for a certain kind of pain reliever. Originally it was a protected trademark, i.e., Aspirin brand pain reliever. Misuse of the trademark over time, resulted in aspirin becoming a generic term.
While not a panacea for trademark infringement, disclaimers help. What form they should take will vary depending upon the kind of use that is being made.
This is general advice, not legal advice. No attorney-client relationship is formed, nor should you rely on what is written, because it is not fact specific. The facts dictate how to apply the laws of trademark and unfair competition.
~ Lloyd J. Jassin provides counseling to book publishing, television, theater, new media, arts and entertainment clients on contract, licensing, copyright, trademark, unfair competition, libel, right of privacy and general corporate law matters. His practice includes drafting and negotiating publishing and entertainment industry contracts, intellectual property due diligence, trademark prosecution, dispute resolution and litigation. http://www.copylaw.com.
We are a new Publishing company looking for independent writers to promote. We would like to launch our website with a literary contest to locate these writers. We have drafted the contest rules including no entry fee and prizes for the top winners in various genres. Is there a general template to follow for terms and conditions for literary contests, or do we need to hire a marketing firm to draft these for us? We would also like to find a sponsor for our contest. Do you have any recommendations regarding the best way to set up a literary contest, meet all legal requirements, and locate a sponsor?
Steve Gillen wrote about this subject in the December issue of the Independent.
Here is the article: https://www.ibpa-online.org/article/contests-sweepstakes-and-lotteries-what-you-need-to-know-and-why-you-need-to-know-it/#!
~ Steve Gillen is a lawyer and partner in the intellectual property firm of Wood Herron & Evans and has focused his practice on publishing and media matters for 30 years. He is a member of IBPA and a frequent contributor to the Independent. Contact him firstname.lastname@example.org or 513/241-2324.
On Friday, 9/13/13 I opened my desktop files to find that most of the extensions had been changed from DOC to DOCX. I could not open any file, let alone work on it and I was on deadline. A pop-up from Microsoft said I needed to change my Word Starter to a subscription service, $99 a year for the complete software. I don’t need it. Virus? Norton always assures me I’m clean. Geek Squad couldn’t help. “It’s a Microsoft Issue” and they’d had a lot of calls. There followed four hours in a chat room with four different techs. After four hours, when I lost patience and asked if this was a scam, they fixed it in 10 minutes for $149.99 and sent 17 pages of terms and condition. They have not sent the promised chat-room transcript after repeated requests. One tech said it was a polymorphic virus. Another that it was Microsoft Office 210.
I ask you how I should have handled this, and even more important, how our members should handle this kind of thing in future.
Microsoft includes Word ‘Starter Edition’ on on most new PCs. ( http://office.microsoft.com/en-us/starter/ ) Within the last week or so, they issued a patch/update, through the Windows Update Feature, that broke the free Starter Edition, and prompts users to Purchase the “Office 365” online service for $99 per year. Alternatively, you can purchase MS Office Home and Student for around $100, and keep it forever.
It was a bit underhanded in my opinion, that MS hasn’t issued a patch to fix what it broke. The free version, though limited, seemed to work OK for most folks for simple stuff. I do always advise people to just purchase a copy of Office 2010/2013 for the hundred bucks, to get the full versions, and call it a day. The service that charged $150 for a “fix” was a rip-off, as you really need to do is either A) Re-install the starter edition, or B) buy and install Office.
Here is a great article on what happened; http://www.computerworld.com.au/article/526943/another_flawed_office_update_tells_users_buy_suite/?fp=4&fpid=1398720840
~ Tracy R. Atkins, from http://www.BookDesignTemplates.com, your source for tools and services to help authors publish their own books.
I have acquired a substantial number of unsold books over the past decade. They are largely unmarketable and out of date. I don’t want to dump them into a landfill and I haven’t had much luck finding an interested recycling company. And the quantities are too large (about 12,000 books, all hardcover) to consider donating to libraries and such. Any suggestions?
Have you looked into groups like these:
Here is an entire article with suggestions for book donations:
You can also check with the Green Press Initiative here : http://www.greenpressinitiative.org/
~ Lisa Krebs was hired by Jan Nathan and Publishers Marketing Association (now IBPA) in 1998 and has been a sounding board and advocate for independent publishers for the past 15 years. She was previously contracted for West Coast publicity by Simon & Schuster, Pocket Books and Disney/Hyperion.
Is there an app, or other program, that will easily convert hyperlinks in an eBook into endnotes for a print edition? I am looking for a program that will not require individual conversions for each link. Thank you
There is no program that creates footnotes in a book from anything, whether links or something else. My team could create a script to do that in eBooks we create, but making a program that does it in any eBook file at all would be extremely difficult.
~Joshua Tallent – Joshua Tallent is a well-known eBook expert and teacher, and is a vocal advocate for beautiful, functional, accessible eBook files. eBook Architects, his eBook design and consulting business, provides services to both publishers and authors, specializing in complex projects and enhanced eBooks. Website: www.ebookarchitects.com
I’m curious to know what the going rate is for paying an intern. I would like to find a tech-savvy college student to set up a new blog for my company and keep it active for a quarter or semester. Hourly Pay? Fee for the Job? Volunteer for the Experience? What is the common expectation of interns for compensation or experience?
The going rate for paying an intern would vary depending on what salaries are in your part of the country. In determining what to pay my intern, I took a look at what similar types of part-time work were paying on Craig’s List and other local job boards and priced my intern salary accordingly. I pay by the hour because I wanted someone to help with general publishing tasks—for a specific project you could certainly pay by the job but again, what you paid would depend on what similar work is going for in your area. When I hired interns still in school I asked for at least a junior in college with a major in a related field—such as Journalism, English, Business, etc. You might check to see if your state or local chamber of commerce has an organization that specializes in matching employers and interns—in my state (Indiana) we do and you can take a look at http://www.indianaintern.net/ Your local university will likely have an office dedicated to matching interns and companies and they can also provide you with additional information on salaries. Certainly asking an intern to volunteer is an option—I felt that if I paid them there would be a heightened sense of responsibility and obligation on their part and from an education standpoint, paying them would replicate a “real-world” scenario.
There is an article about interns by Frank Gromling in a past issue of the Independent—I recommend you take a look for additional information.
~ Florrie Binford Kichler is the former president of the Independent Book Publishers Association (IBPA), the largest trade organization of independent publishers in the United States. She also serves as President of Patria Press, Inc., the publisher of the award-winning Young Patriots Series for children.
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