Regulatory frameworksThe litigation and subsequent ruling in mid-2013involving Apple and five of the six largest USpublishing houses was certainly the most widelypublicized and debated legal case relevant toebooks. In July 2013, a US federal judge foundthat Apple violated antitrust law in helping raise the retailprice of ebooks, saying that the company “played a centralrole in facilitating and executing” a conspiracy with five bigpublishers over the “agency model”, which had ensuredthat publishers, not retailers, were setting retail prices forebooks. (For excerpts of the ruling, see The New YorkTimes, 10 July 2013). A similar investigation involving Europeanpublishers has been launched by the EuropeanCommission, yet with no ruling so far. For more details onthe debate, see the chapter on “United States” on page 23.In several European countries, book prices are regulatedand subject to a reduced value added tax (VAT), yet theseregulations do not automatically apply to ebooks. InFrance, legislation to apply fixed prices to ebooks as wellwas introduced in 2011. In Spain, the existing Book Law isunderstood to cover ebooks as well as printed books. InGermany, Börsenverein —the professional association forpublishers and booksellers— is lobbying the federal governmentfor an extension of the law of fixed prices forbooks to ebooks.The problem with the VAT is that, according to the EuropeanCommission, books are considered products, but inthe case of ebooks, the consumer is acquiring a license.This difference results in significant surcharges for ebooksand discrimination of ebooks versus printed books. A complexdiscussion is currently taking place among both nationaltrade associations as well as the Federation of EuropeanPublishers (FEP), with publishers arguing in favor ofextending reduced VAT rates to ebooks, notably to “ensurethat professional published content, regardless of its formator method of access, receives a fiscal treatment thatrecognizes its contribution to a wide range of goals in social,cultural, and economic terms” (reply by FEP to a GreenPaper of the European Commission on VAT, May 2011).In France, legislation was introduced, effective January 1,2012, to both include ebooks under the fixed price regulationand to apply reduced VAT rates to ebooks, with thelatter application resulting in an instant reaction from theEuropean Commission, which investigates whether suchlegislation is compliant with European law. But the Frenchgovernment instited on maintaining their position.( ZDnet, 22 February 2013; for further details, see the earlierdiscussion on “France” on page 35.)Especially in France and Germany, publishers’ associations(SNE and Börsenverein), authors’ representatives, and individualpublishers (Hachette, Gallimard, La Martinière, andothers) have actively participated in legal actions in NewYork against Google’s digitization of copyrighted booksand the proposed “Google settlement,” which capturedthe attention of both the media and the interested (professional)audience as well as politicians, to the point ofthe conflict of the “book professionals” versus Google beingbroadly identified with the broader topic of emergingebooks. Most of these legal battles have since been settled.The next frontier in the battle over change is pricing, aswell as amendments to copyright legislation.Copyright legislationA policy debate that lasted several years over exceptionsto copyright law has come to a consensus in the form ofthe Marrakesh Treaty to Facilitate Access to Published Worksfor Persons Who Are Blind, Visually Impaired, or OtherwisePrint Disabled, concluded and signed in June 2013. (Seethe full text at the World Intellectual Property Organisation,WIPO) The preceding discussion had opposed, in a113 The Global eBook Report
nutshell, developing countries arguing for the benefits ofcertain exceptions, notably to allowing visually impairedpeople to more easily access books, and publishers lobbyingto limit such exceptions to a strict minimum. (Seehere the position of the International Publishers Association,IPA).The debate on copyright has become a mainstream controversyin Europe, and most strongly so in Germany, in thefirst half of 2012. While the German trade association Börsenvereindeclared in June 2012 that copyright legislationneeds to be adapted to requirements of the digital age,other professional organizations of the industry, notablyin France, strictly oppose such action, in the expectationof amendents watering down current policies and legislation.The complex debate revolves around a number of casesand issues, including the right of producing a copy of acopyrighted work for private usage (Privatkopie) in Germany,to introducing US concepts such as fair use to Europeanlaw, or pursuing consumers infringing copyright bybanning them from using the Internet (according to Hadopilaw in France).Also, the huge discrepancy of VAT applied on printed ordigital books (in the extreme case of the UK being 0% onprint against 20% on digital) is a terrain of harsh controversy.While some articulate the concern that too muchlobbying for lowering VAT on ebooks to print levels mayblow up preferential rates for books altogether, others arguein favor of extending the preferential regime to a reducedVAT rate on all cultural spending.The approach by the European Commission is far from univocalat this point. On the one hand, the Commission hasstarted an investigation, notably with French publishers,on pricing agreements that may infringe competitionterms—echoing the actions by the US Department of Justice(DoJ).On the other hand, in early summer 2012, the EuropeanCommissioner for digital, Neelie Kroes, called on decisionmakers in the publishing industry to help her on Europe’sDigital Agenda to bring down trade barriers for a seamlessexchange of digital content such as books, arguing for adjustingthe VAT hurdles, and talking publishers into embracingdigital strategies much more boldly (Digital Agendafor Europe).The Global eBook Report 114
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ContentsAbout the Global eBook Repo
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• The Bookseller (United Kingdom)
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Executive SummaryThis report provid
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The ambitions, and thelimitations o
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ending requests by email and face t
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Chris Kenneally, Copyright Clearanc
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A Global Industry, and Many Local P
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transformation longer than other se
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The Bookish Elites: Market size & n
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Book markets evolution in selected
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Market share of ebooks (in various
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English Language eBookMarketsThe fo
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United States (2010-2011 Book Marke
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Ebooks accounted in 2013 for one in
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stores, and 700 Argo stores, as wel
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Metadata is the key to online sales
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EuropeGermanyUpdate spring 2014Afte
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GermanyKey Indicators Values Source
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Ebooks evolve in a complex and chal
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actively seeking Google’s coopera
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SpainKey Indicators Values Sources,
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early days there. Yet according to
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According to the Danish book trade
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and Amazon is as well. Barnes & Nob
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PolandKey Indicators Values Sources
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The emerging role of ebooks in Cent
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Nemokamospdfknygos (Aida Dubkeviči
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play a role for starting to change
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57 The Global eBook Report
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RussiaKey Indicators Values Sources
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OzonOzon is a general retailer sell
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- Page 74 and 75: lion in 2008 to ¥60 million in 201
- Page 76 and 77: The National Book Trust (NBT), the
- Page 78 and 79: tion. Of these, 73% youth are liter
- Page 80 and 81: Wiley were among the first. Much of
- Page 82 and 83: launched with 47 titles, available
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- Page 90 and 91: Forces Shaping the eBook MarketsA c
- Page 92 and 93: In the current battle over emerging
- Page 94 and 95: Paradoxically, the global expansion
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- Page 100 and 101: $1.8 billion”, equalling some 8%
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- Page 104 and 105: By January 2013, Kobo claimed to ow
- Page 106 and 107: aggressively at €0.99 or €2.99,
- Page 108 and 109: edition of the same titles is still
- Page 110 and 111: Self-publishingUpdate spring 2014In
- Page 112 and 113: continental Europe have launched th
- Page 114 and 115: Goodreads, launched by Otis Chandle
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- Page 120 and 121: suffers not in spite of but because
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- Page 124 and 125: utors. Börsenverein’s own Librek
- Page 126 and 127: sources and blogs promoting and poi
- Page 128 and 129: In France, the independent literary
- Page 130 and 131: eBook Yellow PagesThe eBook Yellow
- Page 132 and 133: dotbooksEdiciones B, founded in Bar
- Page 134 and 135: Neowood Éditions is a French digit
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- Page 138 and 139: about 60,000 ebooks. In November 20
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- Page 144 and 145: MyiLibrary is an econtent aggregati
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- Page 159 and 160: INscribe, 139Integral, 139iStoryTim