Smart Tablet: France Loisirs and Kindle Subscription Unlimited: one is legal, the other less

Invited by the BBC this week to discuss a few points in the development of digital book deals, Alain Kouck swept the landscape and “ all [t] he reports complex “that are emerging today. Tilting the issue of price set by the publishers, the importance of marketing in Amazon books, CEO of Editis made a remarkable outburst on Kindle Unlimited – subscription offer for unlimited playback. With a slight quack quite noticed.

The price of the book in France is particularly stable, assured the boss. While in France the creation of the paperback by Henri Filipacchi in 1953, has positioned the country as an innovative force, Alain Kouck remember that the price remains between 6 and 7 €. The question also arises fairly, whether Amazon should fix the selling price: the Lang law and the law on the single price of digital books, give the publisher the power to set the retail price. This is not the case in the United States, causing tumultuous discussions between Amazon and Hachette Book Group.

But Unlimited on Kindle, specifically, are a few points to remember: First, the offer is not really ilimitée for readers. Amazon offers them at any time to have 10 digital titles on their device, but add a new one, it will remove one. For now, the service is available in the United States and England, and from the beginning at least in Germany – before arriving in France next.

Then, of course, is the Internet and its various marketing channels that allow this option. “ It’s not a surprise that there is today that will provide the customer with another system, which is that of the subscription. I remember that there were also activities around club France Loisirs, which were forms of subscription “puts the CEO Editis. And concluded that Kindle Unlimited, ‘ this is not a novelty . “

For publishing house, it is therefore part of the new features to integrate, because they are “ offers made to the reader .” “ can not fight anything, our concern the works of our authors, in which we invest, can meet their public. The only concern is to know the conditions under which it can be done . “

Exactly, the question of the legality of the subscription offer is at the heart of many concerns. Recently, actor proposing this solution held to disseminate, through his lawyer, a forum to demonstrate that the subscription offering was entirely legal, compared to the price of the digital single law book.

But we can interpret the law to be convinced of the viability of the offer, or attempt to approach seeking to understand what it actually sets. In fact, legislation regulates all offers digital books, also licenses. The sale price is reported to offer term, as outlined in the text. But we will.

However, the CEO of Editis seems hasty, comparing clubs in France Loisirs Kindle offers the Unlimited, and for one simple reason: Amazon is never publisher of digital books listed in its bid KU. The latter is composed of digital books publishers, as well as autopubliés titles: in no case does little to compare Amazon France Loisirs on this point. Especially the latter is editor and as such can set the selling price of digital books, or paper, which he proposed as part of its subscription offer. Absolutely nothing to do with the availability of Amazon …

club, in fact, publisher or retailer?

Now and then laugh a little, the Ministry of Culture presents the following work club, which has no legal existence itself. .

is called “club”, by convention, any editing system and / or distribution of the book reserve sale to subscribers or members, as the sale is made by mail, brokerage, subscription or in specialized outlets. A club is a company that plays both the role of the publisher and the retailer (retailer, however, who would sell to its members); clubs are subject to a hand with the legal provisions concerning the publishers, for those activities that match an editorial function, and provisions when considering the retail sales activity books.

Understand: the club may represent either a publisher or a retailer. And he is an editor, so it bought the rights to publish the book, like a pocket publisher buys the rights of large format. At no time does Amazon buys rights, and therefore it is not possible to set a global price for its unlimited supply, under penalty of being in conflict with the law. But other subtleties appear – and cast doubt on the legality of so unlimited digital subscription model:

A time nine months from the filing date of the first legal edition applies to anyone who publish a book for its spread by brokerage subscription or by mail to below that of the first edition prices. When a person is content to sell books without editing itself, and provides only the function of distribution of a book by subscription, brokerage or subscription basis, it must be treated as a retailer and apply general respect of the sale price to the public set by the publisher or importer so it can not give senior discounts of 5% on books published or imported from more than two years and whose last supply was in more than six months.

Amazon, as such, is well dealer, and must be submitted at a special price of digital books, So the Kindle Unlimited model, and those who become similar kind of solutions that circumvent the law. France Loisirs, as club-editor, could indeed fix the selling price of the books they publish.

The fact that “publish a book for distribution through brokers, or by mail subscription” does not imply that over 5% discount is allowed for this new edition: yet this is that would tend to believe the idea, commonly held but false that “ clubs can settle books at the end of nine months .” The edition “club” of a book is generally less expensive than the first edition, in that, it can be likened paperbacks: in both cases, it is cheaper than the first edition books and certainly no books sold at an exorbitant discount

And finally, the penalty falls.

clubs themselves set the price of books they publish, however, they can not determine a selling price less the first public sale price the public until nine months after the first edition. The “clubs” can not give discounts on their own prices, if not within the legal limit of 5%, they are subject to compliance of one price and can not practice more than 5% discount after two Publication years (you can make them with six months of inventory because they do not have to supply as may be conventional retailers). The said appeal or welcome offers no exception to this rule. This is also true for publishers who sell directly, they can change the selling price to the public before the book has two years (subject to compliance with the disclosure requirements, information retailers, etc.) but are not of above 5% discount on books with less than two years.

From there to find a loophole to justify the existence In the eyes of the law, the legality of a subscription offer, he will actually have to pull the gum away. Very far. And in all cases, the comparison of CEO Editis falls into the water, definitely. Moreover, the group has Kouck Alain, memory, not yet endorsed any of the current offerings in subscription …

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