The changes being brought by eBooks hold enormous opportunities and consequences for our profession: licensing vs. ownership, format rights, and most recently in the news, the conflict between first-sale doctrine and international sales contracts. Technology is allowing anyone to be a publisher which is upending decades old business practices and at the same time giving professional service firms new tools to serve clients and market to prospects. These slides highlight some of the trends, strategies, challenges and opportunities we continue to experience in an increasingly digital media world.

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Why Barry Diller, Google and NBC Are
Investing in eBooks
A Presentation to the San Diego
Entertainment & Sports Lawyers

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Three words:
marketing, revenue, deal-flow

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What is an eBook?
PDF eBook (Kindle/EPUB)
Is reader software free? Yes Yes
Can be given away free Yes Yes
Easy to sell on your website? Yes Yes
Easy to sell in eBookstores? No Yes
Read it on any device?
Very difficult on
small screens
Adapts to any screen
size

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What do you need in order to read an
eBook?
…or software.
A device… 2012 Device shipments:
• Mobile: 700 million
• Tablets: 120 million
• eReaders: 15 million
• PC/Mac: 350 million

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Production and consumption of digital
media will expand exponentially …
op 20 Countries by Number of Mobile Phones
… as personal digital devices
proliferate and content
manufacturing and distribution
costs decline to zero.

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The reading revolution, only 5 years old, is
rapidly transforming 500 years of evolution:
•Chain bookseller marketshare: 19%, down from 32% in 2011
•Online bookseller marketshare: 44%, up from 25% in 2010
•eBook share of all book purchases: 28%
•We can now monitor and measure reading habits and interests
We have a shrinkage problem:
shelves, time, money, attention.

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5 Trends:
1.Impulse buying
2.Collecting
3.Grazing
4.Multi-format buying
5.Non-traditional books

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Entertainment Tie-Ins

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Marketing & Revenue
FREE

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Reader Convenience
www.sellbox.com/ftc

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Hot Market

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Repurposing Content

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Today’s Hot Topics in
Publishing Law

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Kirtsaeng v. John Wiley & Sons:
Fallout from the First Sale Ruling
1. Will international price
discrimination continue?
2. Will products become
increasingly localized?
3. Will publishers escalate a
transition to works covered
by licensing restrictions?

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What is an eBook? Open Road vs.
HarperCollins
“the publisher shall grant no license
without the prior written constant of
the Author with respect to the following
rights in the work: use thereof in
storage and retrieval and information
systems, and/or whether through
computer, computer-stored, mechanical
or other electronic means now known
or hereafter invented…”

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Shouldn’t it say License now with 1-Click?

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Are publishing territories necessary?

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Social reading challenges expectations
regarding reading and privacy.
Reading Over Your Shoulder: Social Readers and Privacy Law,
Margot Kaminski, WakeForestLawReview.com

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Agency Pricing: last chance to save our
culture?
Winners or Losers?
1. Consumers
2. Culture
3. Publishers
4. Amazon
5. Apple

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Publishing has never experienced such risks,
and opportunities!
David Wogahn:
•Digital Media Consulting
•eBook Development
david@sellbox.com
760-942-4227