Amazon’s electronic reader, Kindle, has stirred a quite a bit of controversy in the book world; some people love it, some people hate it. For consumers, electronic vogue has made reading books fashionable again, but there is a risk as well as expense. Who wouldn’t be offended if they bought what they thought was a book to read on the subway, and instead bought a deleted file? With Kindle’s wireless technology, Amazon giveth and Amazon taketh away. http://news.cnet.com/8301-27076_3-10294586-248.html
For copyrights holders, one of the notable issues has concerned Kindle’s text-to-speech capabilities. A debate about the quality, the usefulness, or whether the copyrights of the rights holder have been violated is not a discussion for today. Not everyone likes Amazon and Kindle in practice, but a lot of people do. Some, on the other hand, would even never consider spending $300 on an electronic reader—finding the idea repugnant altogether.
With the realization that you can’t please all the people all of the time, I look to Amazon’s terms and conditions for an idea of whether its digitization service is a stinker. Amazon’s terms might be perfectly acceptable to some—but I don’t like it. Why?
Well, some of the terms are vague. They’re incomprehensible. Term 8, for example, states that the rights holder is granting a non-exclusive (good), irrevocable (not good) license to sell, distribute, market, etc. the book.
Yet, in the termination clause, Term 9, it states “This Agreement will remain in effect unless and until terminated by either party in accordance with this Section.” So that would mean that the license is actually revocable, or terminable. Yet the next statement, “Amazon shall have the right, in its sole discretion, to terminate this Agreement without cause upon not less than sixty (60) days’ advance notice to you.”
So does that mean that both parties may quit the agreement? Maybe yes, but maybe not. Maybe it means that Amazon needs no cause, yet the rightsholder needs good cause.
Consider the following: “We reserve the right to change the terms of this Agreement on thirty (30) days’ advance notice. “
Seems reasonable, yes?
“We will notify you of changes to this Agreement by sending you an e-mail to the e-mail address registered for you in the Application.”
Also reasonable. But:
“If you do not agree to the changes, you will be entitled to terminate the Agreement effective on thirty (30) days’ advance notice by providing us written notice… of termination due to the changes within seven (7) days of our notice to you. IF YOU DO NOT GIVE US NOTICE OF TERMINATION, YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR NOTICE TO YOU WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES.”
These statements seem to imply that the accepting the changes means not being entitled to terminate the agreement.
To conclude on this, I don’t think it’s a great idea to get into a service that’s impossible to get out of, and even worse to get into a service where the rights and terms are so vague you don’t know what you’re getting into.
Again, some might find this is acceptable for their situation. If the thought of selling your ebook on Amazon into perpetuity really appeals to you, then go for it.
A couple more Amazon terms (not exhaustive):
- The cut for the rights holder is 35%.
- An ISBN is not required for this deal.
- Amazon is not required to perform any promotion for the book.
- Amazon disclaims liability for negligence—which includes any misuse or theft by buyers. (I don’t think there’s even a “due care” clause or “except in cases of gross negligence” clause of any kind in there.)
- Amazon has the right to do marketing, including providing portions (pages or chapters) of the book to potential buyers.
Amazon, BTW, does not claim responsibility for security its systems.
http://forums.digitaltextplatform.com/dtpforums/thread.jspa?threadID=3669&tstart=0
For those interested in marketing to overseas, Kindle is probably not the way to do it. One cannot buy a Kindle without a US address and credit card. Downloading ebooks cannot be done overseas as well.