Apple have just released a free bit of software, called iBooks Author App, which is intended to be used to create enhanced ebooks to be used on the iPad, and from all accounts is actually rather a neat bit of software, but as always with such things, there is one hell of a large adder lurking in the grass with this one, namely the contract that using it imposes on you.

Fury and anger at Apple’s demands

Terms such as “Apple’s mind-bogglingly greedy and evil license agreement” or “Apple is yet again attempting to steal your money and work” are typical of the phrases I have seen on the web in the last few days.   These outbursts of fury are caused by the following paragraph in the Users Agreement with this software, which you only get to see once you have used it, apparently, which reads as follows:

 If your Work is provided for a fee (including as part of any subscription-based product or service), you may only distribute the Work through Apple and such distribution is subject to the following limitations and conditions: (a) you will be required to enter into a separate written agreement with Apple (or an Apple affiliate or subsidiary) before any commercial distribution of your Work may take place; and (b) Apple may determine for any reason and in its sole discretion not to select your Work for distribution.

In other words, if you use this software to produce your ebook, you may only sell it through Apple’s iBook store, and they have total rights to decide whether to sell it or not, and will take 30 % of the selling price as well.

The general feeling seems to be that should any author unwittingly use this software to create his masterpiece, he then has only one possible channel through which to sell it, Apple’s iBook store, and to attempt to sell it through any other routes is illegal and will result in the author being sued by Apple.

Not so:

From my reading of things, this is not quite true.  It only applies to ebooks that are created with this software, so if you create one version using Apple’s software, and other versions using other software then I am pretty sure you will be OK and have no reason to fear that Apple’s lawyers will suddenly appear on your doorstep to try and send you to jail for the rest of your life.

Given that this software is both free and (I am told) very good, easy to use and produces very slick results, it seems not unreasonable for Apple to want you to use their sales channels to sell what you produce with their software, provided  you realize the obligations this imposes on you in exchange.

I know, what a bother….

I can sympathise with authors saying that they would rather not have to produce several finished versions of their ebooks in order to spread their selling chances, but this is inevitable anyway, given the various mutually exclusive ebook formats out there currently.  You will need one version for Amazon, another for the wide world of standard ePub, another for Barnes and Nobles version of ePub, and so it goes on…..

What you get with Apple’s software is a free program that is optimized for their iPads, thus ensuring that your work will be as good as it can be when used on an iPad, seems reasonable to me.

Also it is worth considering the normal contracts that Publishers insist that authors sign before they agree to publish their books….   They also can be pretty damn draconian as well.   Basically there is no such thing as a free breakfast in the world of business; it is all based on a quid pro quo, obviously.

So as with all things, read the small letters in any contract before signing it, and in the case of software, read the users agreement before using it, save yourself a lot of grief that way.  And if in doubt, talk to your lawyer if it concerns your livelihood.

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What are your views on this topic?  Is it a storm in a tea cup, or a real attempt to screw writers?