A guest blog by publishing attorney Lloyd Jassin


NOTE FROM EUGENE: I have been gathering background on the recent Amazon change in POD order fulfillment policy and will be doing my own report on it next week. Meantime, I asked Lloyd Jassin, a publishing attorney and Chairman of the Executive Committee for the NY Center for Independent Publishing, for comments on the current debate concerning Amazon's new policy. He has provided the following as a private citizen-professional, and not in his capacity with the NYCIP. He can be reached at Jassin@copylaw.com.


As the market changes and we move from traditional distribution options to digital distribution options, I find Amazon's move both troubling and exciting. They want to be active all the way along the supply chain from production, to marketing to distribution. As Amazon gets more involved in digital production and distribution, it's not long before they figure out that there should be an Amazon-based publishing company. Well, on the audio side, they've already figured that out. That's the troubling part.

It's a brilliant move. You have to admit. By force of will, Amazon has become the digital asset warehouse and distributor of choice. And, how many digital asset warehouses / distributors do we need? This gives Amazon the ability to manage digital files for POD, ebooks, mobile phone devices, etc. The exciting part is that when Amazon takes this next step, it will create new revenue streams for smaller presses.

While it doesn't look like the cost of gaining access to the number one online bookstore has gone up, I'm concerned about their monopolistic tendencies. Their claim that they are not seeking exclusively (i.e., requiring POD titles be printed exclusively through Book Surge), seems to be a subtle bit of specious reasoning. Amazon's gain is the ability to monopolize the POD market. They are offering a single printer option. Your email makes that clear.

If I were a publisher, I'd look hard at the current industry model. You have the potential to get squeezed on both ends. For example, you've got the Barnes & Noble - Sterling combo with an increasing number of book sales being titles self-published by B&N. Same deal with Amazon and Audible, both of which are actively going after new product to self-publish. See Amazon's Createspace. To the extent publishers covet virtual shelf space at Amazon (with one-click ordering), Amazon's move makes them the leading POD publisher. Of course, there will also be a plethora of other digital opportunities, including e-reader, iPhone and other selling opportunities, that they should exploit for those whose files have been entrusted to them.

Their virtual warehouse of digital files can now be accessed for all manner of digital derivatives. If Amazon remains committed to the indie press segment, which has been allowed to grow to its present size due, in large part, to Amazon, that's great. Their favoritism to Book Surge, is a slippery slope that can easily decrease diversity. They are steering consumers to books that are produced by their owned and operated press.

So, as a general proposition, I think vertical integration is a bad thing. Perhaps, the market will correct itself, as publishers move over to B&N, and other digital asset distributors pop up. Likely, that won't happen. Book distribution is not sexy enough.

If I had to prognosticate, I'd say in the next 24-months Google buys Ingram (Googlegram?) and out-Amazon's Amazon, by creating the ultimate digital warehouse - distributor in the sky.

If Google were to exhibit digital favoritism, it would steer book buyers to its wholly owned Lightning Source. Amazon owns the store. Google owns the web. Amazon merchandises books. Google sells them contextually. Balance is restored to the planet.
 
-Lloyd Jasssin

Posted by: Eugene Schwartz, Editor-at-Large