Author Topic: Publishing an anthology under a different name - how?  (Read 10512 times)

Lysmata Debelius

Publishing an anthology under a different name - how?
« on: April 02, 2019, 11:31:32 PM »
End of the day for me so maybe that's why I cannot brain today.
I'm part of a writers' cooperative. We want to bring out an anthology of short stories. I'd like to make it perma-free on Amazon. I want to use my KDP account to publish it,  but I don't want to publish it under my author name.  Can I use my own account to publish the book, but fill in the author etc fields with the name of the cooperative group? Or maybe fill in the name of the editor of the anthology only?
Sorry if this is a dim question.
 

Bill Hiatt

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Re: Publishing an anthology under a different name - how?
« Reply #1 on: April 03, 2019, 01:59:53 AM »
It's not a dim question!

Since a KDP account can support multiple pen names, I don't see why the cooperative's name couldn't be listed. However, that would mean that all future cooperative ventures with that particular coop would have to go through your account. You'll want to make sure everyone understands that before you do it.

Also, even though the book is going to be permafree (which avoids the headache of distributing royalties, issuing 1099s, etc.), there should be a written agreement in place with regard to rights. In other words, the writers involved would have to grant to the writers cooperative an perpetual, nonrevocable, worldwide etc. license to publish their stories in this particular anthology. Copyright page should include a statement that authors retain their individual copyrights (or a separate statement listing the copyright for each one) to avoid ambiguities in the future. Normally, anthologies expect an exclusive license for a period of time, after which the authors can publish the story anywhere else they like. Leaving any of these points ambiguous is asking for trouble.


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bardsandsages

Re: Publishing an anthology under a different name - how?
« Reply #2 on: April 03, 2019, 03:28:13 AM »
I am a publisher. I had a KDP account. Unless I explicitly list myself as the author on a book, my name doesn't appear anyway. Both the author fields and the publisher field have to be manually populated.

The KDP account is a matter of who is responsible for the books published. But each book published has its own metadata unrelated to the account owner.

That said, Bill is 100% correct about needed a written contract for publishing. Because if you publish the book under your account, you become the publisher of the book legally. Period. Full stop. YOU are publishing the book, so you are legally on the hook for anything in it. I will not matter what name you list for the Publisher name (That is where the collective name would go, BTW, not in the author area) you are telling Amazon that you have the legal right to publish this collection.

In addition, while people do it all the time, technically you should not put a name in the "publisher" field unless the publisher is a real entity. Often people just make up names because they want something to be there. In some parts of the country, this can get you in serious trouble. A publisher name (like Bards and Sages Publishing, for example) is a DBA (Doing business as) or a Trade Name. And using a DBA or Trade Name in business brings with it certain requirements depending on where you are. Most states require you to register the DBA. That can be as simple as a one page form or as complicated as three dozen reports. You would need to check with your municipal clerk to get the details for your specific area. Some countries also have strict requirements regarding the use of a DBA. So while AMAZON does nothing to stop you from adding whatever name you want in the publisher field, understand that doing so carries certain risks.
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Lysmata Debelius

Re: Publishing an anthology under a different name - how?
« Reply #3 on: April 03, 2019, 03:44:06 AM »
 Thanks. This is good advice. Where do I find some kind of template for a contract of that kind?
 

Bill Hiatt

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Re: Publishing an anthology under a different name - how?
« Reply #4 on: April 03, 2019, 03:48:26 AM »
I am a publisher. I had a KDP account. Unless I explicitly list myself as the author on a book, my name doesn't appear anyway. Both the author fields and the publisher field have to be manually populated.

The KDP account is a matter of who is responsible for the books published. But each book published has its own metadata unrelated to the account owner.

That said, Bill is 100% correct about needed a written contract for publishing. Because if you publish the book under your account, you become the publisher of the book legally. Period. Full stop. YOU are publishing the book, so you are legally on the hook for anything in it. I will not matter what name you list for the Publisher name (That is where the collective name would go, BTW, not in the author area) you are telling Amazon that you have the legal right to publish this collection.

In addition, while people do it all the time, technically you should not put a name in the "publisher" field unless the publisher is a real entity. Often people just make up names because they want something to be there. In some parts of the country, this can get you in serious trouble. A publisher name (like Bards and Sages Publishing, for example) is a DBA (Doing business as) or a Trade Name. And using a DBA or Trade Name in business brings with it certain requirements depending on where you are. Most states require you to register the DBA. That can be as simple as a one page form or as complicated as three dozen reports. You would need to check with your municipal clerk to get the details for your specific area. Some countries also have strict requirements regarding the use of a DBA. So while AMAZON does nothing to stop you from adding whatever name you want in the publisher field, understand that doing so carries certain risks.
The last part is especially important because most people don't know it. I used to be told constantly on the KDP forum that everyone should use an imprint name in the publisher field. Never was there any reference to potential legal requirements. (Fortunately, I didn't take the advice.)


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Bill Hiatt

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Re: Publishing an anthology under a different name - how?
« Reply #5 on: April 03, 2019, 03:51:14 AM »
Thanks. This is good advice. Where do I find some kind of template for a contract of that kind?
I see contract templates for publishing online, but I don't know which ones are the best. Perhaps Julie will have an idea about where to find that kind of resource.


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Lysmata Debelius

Re: Publishing an anthology under a different name - how?
« Reply #6 on: April 03, 2019, 04:06:54 AM »
 OK thanks I'll Google it.
Now that I think of it, I have some I signed myself for anthologies I've had stories in. I can probably adapt one of those.
 

bardsandsages

Re: Publishing an anthology under a different name - how?
« Reply #7 on: April 03, 2019, 10:49:34 PM »
Make sure the contract includes exactly WHAT rights you are requesting.

If the anthology is going to remain available forever, then you need to ask for perpetual rights. In my anthologies and magazines, I request perpetual, non-exclusive rights for both digital and print. Perpetual means "forever" as in "as long as the anthology is available for sale." Non-exclusive means "but the author can still republish it where ever they want as often as they want. I've never requested an exclusive period (I don't feel comfortable asking for that based on what we pay).

You do need to spell out both digital and print rights if you are doing both. You also need to request audio rights before you can do an audiobook.

You also need to explicitly state if no payments are being made. For example, after you spell out which rights you are requesting, you would have a line that says "the author grants these rights to the publisher with no expectation of compensation" or something like that. You need to explicitly say it, because you can end up with problems if Amazon drags its feet making it free and you end up with sales.
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Lysmata Debelius

Re: Publishing an anthology under a different name - how?
« Reply #8 on: April 04, 2019, 12:04:10 AM »
Make sure the contract includes exactly WHAT rights you are requesting.

If the anthology is going to remain available forever, then you need to ask for perpetual rights. In my anthologies and magazines, I request perpetual, non-exclusive rights for both digital and print. Perpetual means "forever" as in "as long as the anthology is available for sale." Non-exclusive means "but the author can still republish it where ever they want as often as they want. I've never requested an exclusive period (I don't feel comfortable asking for that based on what we pay).

You do need to spell out both digital and print rights if you are doing both. You also need to request audio rights before you can do an audiobook.

You also need to explicitly state if no payments are being made. For example, after you spell out which rights you are requesting, you would have a line that says "the author grants these rights to the publisher with no expectation of compensation" or something like that. You need to explicitly say it, because you can end up with problems if Amazon drags its feet making it free and you end up with sales.

Thanks this is so useful. I was wondering about exactly this - the perpetual rights as the plan is for the anthology to be available as a free ebook for as long  as possible. I also want the rights to be non-exclusive as the writers should be able to publish their stories elsewhere as well. We're only doing digital, so that will make things a bit simpler. And you are correct, no payment is being made so that will have to be included. 

 

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Re: Publishing an anthology under a different name - how?
« Reply #9 on: April 04, 2019, 12:09:19 AM »
This is why having experienced people on the forum is so important. Julie has been working as a publisher for more than 20 years, even before the advent of KDP. She's had a lot of experience publishing the writing of others and knows what's involved.

It would never have occurred to me that one needed to stipulate the part about no compensation, but now I know why it's important.


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TimothyEllis

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Re: Publishing an anthology under a different name - how?
« Reply #10 on: April 04, 2019, 12:24:05 AM »
You should also be mentioning Kindle Unlimited in the contract. Especially if the anthology will be put in KU. Some authors may not be aware of the exclusivity clause, and the fact the anthology rights removes their ability to put the story anywhere else. It should be very clear about what is allowable and what is not.
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Lysmata Debelius

Re: Publishing an anthology under a different name - how?
« Reply #11 on: April 04, 2019, 12:37:29 AM »
You should also be mentioning Kindle Unlimited in the contract. Especially if the anthology will be put in KU. Some authors may not be aware of the exclusivity clause, and the fact the anthology rights removes their ability to put the story anywhere else. It should be very clear about what is allowable and what is not.

We'll definitely not put it in KU as we want to try to make it permafree.
 

TimothyEllis

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Re: Publishing an anthology under a different name - how?
« Reply #12 on: April 04, 2019, 12:50:47 AM »
You should also be mentioning Kindle Unlimited in the contract. Especially if the anthology will be put in KU. Some authors may not be aware of the exclusivity clause, and the fact the anthology rights removes their ability to put the story anywhere else. It should be very clear about what is allowable and what is not.

We'll definitely not put it in KU as we want to try to make it permafree.

Still should mention it, so all authors know they cant put it into KU themselves.
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Lysmata Debelius

Re: Publishing an anthology under a different name - how?
« Reply #13 on: April 04, 2019, 01:03:45 AM »
You should also be mentioning Kindle Unlimited in the contract. Especially if the anthology will be put in KU. Some authors may not be aware of the exclusivity clause, and the fact the anthology rights removes their ability to put the story anywhere else. It should be very clear about what is allowable and what is not.

We'll definitely not put it in KU as we want to try to make it permafree.

Still should mention it, so all authors know they cant put it into KU themselves.

Oh I see what you mean. Good point.
 

bardsandsages

Re: Publishing an anthology under a different name - how?
« Reply #14 on: April 04, 2019, 02:45:20 AM »
It would never have occurred to me that one needed to stipulate the part about no compensation, but now I know why it's important.

I had the benefit of an actual lawyer I worked with for years. I don't really have to bug him as much anymore, but when I was first starting out he slapped my hand (once, literally slapped my hand) over various things I was not including. What he always said is that it isn't that people can't be trusted, but that people remember what they want to remember. If you don't have something in writing, it doesn't matter how wonderful your relationship with a person is. If they misremember something, the contract is your only saving grace. So even things that you think are obvious should be included, because it may not be obvious to the other side.

And for anyone interested, I wrote a short blog post on contract terminology a while back.

https://bardsandsages.com/juliedawson/?p=323
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Lysmata Debelius

Re: Publishing an anthology under a different name - how?
« Reply #15 on: April 04, 2019, 03:15:17 AM »
Also, even if the people you are dealing with are saints, the people who inherit their rights might not be.
 

Lysmata Debelius

Re: Publishing an anthology under a different name - how?
« Reply #16 on: April 04, 2019, 03:59:10 PM »
A question about perpetual rights.
Would it be a good idea to put something in the contract that states that the rights are perpetual, but that a writer can revoke this perpetual right by contacting us and letting us know that they want the rights back? For example if somebody wants to have their story removed from the anthology for any reason? Maybe with some kind of notice period? Or am I over complicating this? 

 

TimothyEllis

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Re: Publishing an anthology under a different name - how?
« Reply #17 on: April 04, 2019, 04:09:14 PM »
A question about perpetual rights.
Would it be a good idea to put something in the contract that states that the rights are perpetual, but that a writer can revoke this perpetual right by contacting us and letting us know that they want the rights back? For example if somebody wants to have their story removed from the anthology for any reason? Maybe with some kind of notice period? Or am I over complicating this?

Minefield.

The anthology I'm in now had a time limit based on several criteria, after which the anthology is withdrawn from sale, and the rights revert.

Perpetual rights means you cant get them back. Any escape clause is going to be a legal nightmare. Not to mention ending up with either pulling the book completely, or having multiple versions of it out there. This sort of thing is going to need an IP lawyer.

Not the least of it, is if a book is pulled, the anthology needs a new cover (or a name removed from it), blurb change, internal restructure and a new upload. Across all platforms. Lot of work if you are truly wide. And for no return.
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Lysmata Debelius

Re: Publishing an anthology under a different name - how?
« Reply #18 on: April 04, 2019, 04:13:32 PM »
Good points.
Probably better to just have a time limit after which rights revert.
 

TimothyEllis

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Re: Publishing an anthology under a different name - how?
« Reply #19 on: April 04, 2019, 04:17:21 PM »
Good points.
Probably better to just have a time limit after which rights revert.

Why not add a continuation clause? Initial rights are say 2 years, after which it can be renewed annually with all author's agreement. As soon as one wants their rights back (in writing), the book is pulled when the contract expires.
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Lysmata Debelius

Re: Publishing an anthology under a different name - how?
« Reply #20 on: April 04, 2019, 04:18:35 PM »
Good points.
Probably better to just have a time limit after which rights revert.

Why not add a continuation clause? Initial rights are say 2 years, after which it can be renewed annually with all author's agreement. As soon as one wants their rights back (in writing), the book is pulled when the contract expires.

That sounds like a good idea.
 

bardsandsages

Re: Publishing an anthology under a different name - how?
« Reply #21 on: April 04, 2019, 10:43:45 PM »
A question about perpetual rights.
Would it be a good idea to put something in the contract that states that the rights are perpetual, but that a writer can revoke this perpetual right by contacting us and letting us know that they want the rights back? For example if somebody wants to have their story removed from the anthology for any reason? Maybe with some kind of notice period? Or am I over complicating this?

Either the rights are perpetual or they aren't.

Yes, you CAN do that. But why? Why create more work for yourself? Because by allowing people to revoke that right, you create more work for yourself. You then need to unpublish the work, edit out the story, and republish it.

Which means on site where they automatically update the customer's purchase, the customer will lose the story they legally bought, because the updated version of the book will replace the previous version. While Amazon doesn't automatically push out new versions, many sites do.

This is where I draw a firm line in the sand. Because I am not creating more work for myself and I am not creating a situation where a customer is going to lose their legal copy of a work.
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Bill Hiatt

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Re: Publishing an anthology under a different name - how?
« Reply #22 on: April 05, 2019, 05:39:15 AM »
A question about perpetual rights.
Would it be a good idea to put something in the contract that states that the rights are perpetual, but that a writer can revoke this perpetual right by contacting us and letting us know that they want the rights back? For example if somebody wants to have their story removed from the anthology for any reason? Maybe with some kind of notice period? Or am I over complicating this?

Either the rights are perpetual or they aren't.

Yes, you CAN do that. But why? Why create more work for yourself? Because by allowing people to revoke that right, you create more work for yourself. You then need to unpublish the work, edit out the story, and republish it.

Which means on site where they automatically update the customer's purchase, the customer will lose the story they legally bought, because the updated version of the book will replace the previous version. While Amazon doesn't automatically push out new versions, many sites do.

This is where I draw a firm line in the sand. Because I am not creating more work for myself and I am not creating a situation where a customer is going to lose their legal copy of a work.
One could in theory republish the book as a different edition, right? Withdraw the first edition from sale and publish a different edition. That would preserve the version of the anthology that people had already bought.

That said, it still sounds like a nightmare in every other respect. That does make more work, just as you said, and a steadily shrinking anthology becomes a less and less viable product. It would be better to make a it a limited-time release and then unpublish it.

If it were me, I'd just make sure people knew that, though the rights being asked for are nonexclusive, the KU regulations would prohibit any of the included stories from being in KU. People could decide whether or not that was a deal-breaker for them.

The situation is not as it used to be. When I started publishing in 2012, a short story was still a viable product on its own, normally priced at $0.99. Now, however, with the wide range of free and cheap complete novels (not to mention $0.99 box sets!), the $0.99 short story just doesn't have that much appeal. Nor are they that attractive to KU readers, at least in my experience. A story could be in other anthologies, but from what I've seen, most of the cross-promotional ones are wide and permafree rather than being in KU, though there are exceptions. I'm thinking a writer isn't really giving that much up to let a story stay in an anthology. Being nonexclusive, it can still be used in other wide anthologies and as a reader magnet for email list-building.

The anthologies I joined are all wide and all perpetual. Interestingly, they still seem to get sales or free downloads, they continue to accumulate reviews, and the seasonal ones get a new lease on life when the appropriate season comes around. The exposure value is greatest at the beginning, but those anthologies are still attracting readers long after release. My stories get more eyes than they would have if I'd published them separately and stuck them in KU. I might add some or all of them into box sets later, being careful not to put the box in KU or forget that it's a mixed product and take it wide. (Yes, one of those rare beasts, the non-select, exclusive book.) The stories will function as a nice added bonus for buyers, and KU folks can still read all the novels in KU if they want. The fact that I can't put the stories themselves into KU won't be a problem for me one way or the other.


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Lysmata Debelius

Re: Publishing an anthology under a different name - how?
« Reply #23 on: April 05, 2019, 04:09:24 PM »
Thanks Bill, it's good to have that context.
I'm cobbling together a contract by combining online templates with contracts I've signed myself - trying to keep it simple too! I might post a draft on this forum to get feedback if anyone is feeling up to that.
 

Lysmata Debelius

Re: Publishing an anthology under a different name - how?
« Reply #24 on: April 05, 2019, 08:20:28 PM »
I've created a draft version of a possible contract and posted it here https://writersanctum.com/index.php?topic=2146.msg39688#msg39688 if anyone has the time and energy to have a look. I really appreciate the help you've given me so far! :) 
 

bardsandsages

Re: Publishing an anthology under a different name - how?
« Reply #25 on: April 05, 2019, 10:32:14 PM »
One could in theory republish the book as a different edition, right? Withdraw the first edition from sale and publish a different edition. That would preserve the version of the anthology that people had already bought.

Legally, no. The new edition would require a new contract. It would be a different book. To legally republish the stories in a different book, the original contract would have to explicitly allow that OR you need a new contract.
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bardsandsages

Re: Publishing an anthology under a different name - how?
« Reply #26 on: April 05, 2019, 10:39:56 PM »
I've created a draft version of a possible contract and posted it here https://writersanctum.com/index.php?topic=2146.msg39688#msg39688 if anyone has the time and energy to have a look. I really appreciate the help you've given me so far! :)

Skolion Writers' Cooperative: Is this a legal entity? If not, then it can't enter into a contract. Period. Full stop. And even if it is, YOU are the publisher. You are the one publishing the book to your account. You are the one who has to enter into the contract with the authors.

Quote
Skolion writers’ cooperative is publishing a collection of  short stories as an ebook (insert title of anthology).  (Title of anthology)  will be available for download on Amazon, and it will also be shared by the members of Skolion  to their readers. The (title) anthology  will not be for sale, it is available for free. No money will be made by selling it.  Skolion will not be publishing this anthology in print.

You cannot control Amazon. Therefore, you cannot guarantee that the book will be free (they don't always price match anymore. Nor can you guarantee there will be no money made.

Also, the contract is talking about the things that Skolion is going to do, but not explicitly requesting the rights it needs.
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Lysmata Debelius

Re: Publishing an anthology under a different name - how?
« Reply #27 on: April 05, 2019, 10:52:50 PM »
I've created a draft version of a possible contract and posted it here https://writersanctum.com/index.php?topic=2146.msg39688#msg39688 if anyone has the time and energy to have a look. I really appreciate the help you've given me so far! :)

Skolion Writers' Cooperative: Is this a legal entity? If not, then it can't enter into a contract. Period. Full stop. And even if it is, YOU are the publisher. You are the one publishing the book to your account. You are the one who has to enter into the contract with the authors.

Quote
Skolion writers’ cooperative is publishing a collection of  short stories as an ebook (insert title of anthology).  (Title of anthology)  will be available for download on Amazon, and it will also be shared by the members of Skolion  to their readers. The (title) anthology  will not be for sale, it is available for free. No money will be made by selling it.  Skolion will not be publishing this anthology in print.

You cannot control Amazon. Therefore, you cannot guarantee that the book will be free (they don't always price match anymore. Nor can you guarantee there will be no money made.

Also, the contract is talking about the things that Skolion is going to do, but not explicitly requesting the rights it needs.

Skolion is a legal entity - or is about to be. We are setting it up as a non profit organisation.

I don't understand this last point, "the contract is talking about the things that Skolion is going to do, but not explicitly requesting the rights it needs."