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Nate Hoffelder

Nate Hoffelder

Kindle Unlimited Funding Pool, Per-Page Rate Increased in April 2018

The third largest ebook market in the world continued to grow in April 2018.

Amazon announced on Tuesday that the funding pool increased to $21.2 million in April, up from $21 million in March. At the same time the per-page rate rose to $0.00456 from $0.00449 in March and $0.00466 in February 2018.

  • US: $0.0046 (USD)
  • UK: £0.0035 (GBP)
  • Germany: €0.0031 (EUR)
  • Netherlands, France, Spain, Italy: €0.0045 (EUR)
  • Canada: $0.0046 (CAD)
  • Brazil: R$ 0.0109 (BRL)
  • Japan, Mexico, Australia, Canada, India: unknown

Here’s a list of the monthly funding pools. It does not include the bonuses paid out each month.

  • July 2014: $2.5 million (Kindle Unlimited launches early in the month)
  • August 2014: $4.7 million
  • September 2014: $5 million
  • October 2014: $5.5 million
  • November 2014: $6.5 million
  • December 2014: $7.25 million
  • January 2015 – $8.5 million
  • February 2015: $8 million
  • March 2015: $9.3 million
  • April 2015: $9.8 million
  • May 2015: $10.8 million
  • June 2015: $11.3 million
  • July 2015: $11.5 million
  • August 2015: $11.8 million
  • September 2015: $12 million
  • October 2015: $12.4 million
  • November 2015: $12.7 million
  • December 2015: $13.5 million
  • January 2016: $15 million
  • February 2016: $14 million
  • March 2016: $14.9 million
  • April 2016: $14.9 million
  • May 2016: $15.3 million
  • June 2016: $15.4 million
  • July 2016: $15.5 million
  • August 2016: $15.8 million
  • September 2016: $15.9 million
  • October 2016: $16.2 million
  • November 2016: $16.3 million
  • December 2016: $16.8 million
  • January 2017: : $17.8 million
  • February 2017: : $16.8 million
  • March 2017: $17.7 million
  • April 2017: $17.8 million
  • May 2017 :$17.9 million
  • June 2017: $18 million
  • July 2017: $19 million
  • August 2017: $19.4 million
  • September 2017: $19.5 million
  • October 2017: $19.7 million
  • November 2017: $19.8 million
  • December 2017: $19.9 million
  • January 2018: $20.9 million
  • February 2018: $20 million
  • March 2018: $21 million
  • April 2018: $21.2 million

via Self Publisher Bibel

Amazon to Shut Down Kindle Worlds

Word is percolating through several different parts of the indie author community  tonight that Amazon is going shut down Kindle Worlds, its fan fiction publishing unit, just before KW’s fifth anniversary

Several of my sources are comments left on KBoards, where author Jim Johnson wrote earlier today:

Heard in a couple places that Kindle Worlds is closing down. If true, it’s too bad, but not surprising. I’ve had an eye on it for a while but it never seemed to be well-managed. And the lack of metrics available to authors seemed problematic.

Apparently Amazon has told the authors who own their respective Kindle Worlds, but has not yet told KW contributors or the public that the program will close completely in July.

Another of my sources found me privately through FB, and cannot be named. That source told me that the official notice will go out tomorrow, which is apparently not true because Lindsay Buroker got the word a few hours ago:

Launched in May 2013, Kindle Worlds was the part of Amazon’s publishing unit that focused on publishing tie-in stories for existing properties like GIJoe, and various TV shows such as Veronica Mars and Vampire Diaries. Each property was set up as its own little Kindle World, and writers were invited to submit stories. The original creators of the IP could accept or decline the stories, and if a story also passed Amazon’s content standards then it was published in the Kindle Store, with the author, owner, and Amazon splitting the sale price.

Kindle Worlds later expanded to include Kindle Worlds based on the works of indie authors such as Barry Eisler, Blake Crouch, and JK Konrath. It gradually slid off the radar by 2015, but continued to publish new stories. In fact, one source on FB said they had KW stories set to be published in October.

It’s not clear what will happen to existing stories, but I am told that rights will revert to authors of each story. They will have the option of either working out a deal with the original creator in whose world the story is set, or removing any identifying details and then republishing a former KW story as a new work.

Update: Here’s the letter Amazon sent to the KW owners:

As a valued member of the Kindle Worlds licensor community, we wanted to let you know that the Kindle Worlds program is closing. We will be notifying fan authors tomorrow, May 16th.

As of May 17th, Kindle Worlds will no longer be accepting new submissions. Previously published Kindle Worlds stories will no longer be available for sale on Amazon.com on or around July 16th. The Kindle Worlds website will be closed on August 29th; we ask that all Kindle Worlds participants update and validate their banking information, mailing address, and contact information by July 31, 2018 in order to facilitate a timely final royalty payment.

Your final royalty statement will include a proactive final payment for all remaining Kindle Unlimited borrows, including borrows that have not yet met the qualified borrow threshold. We plan to remove Kindle Worlds stories from Kindle Unlimited on May 16th.

Effective as of the date we remove each fan author’s work, we will revert the rights granted to us by that fan author. Our reversion letter to each applicable fan author will provide that such reversion is subject to the rights we granted to you in the Kindle Worlds License Agreement between you and us.

For five years, Kindle Worlds has been thriving, engaging writers and readers who enjoy writing in one another’s worlds, and we’re proud of the work we’ve done together. While we are closing Kindle Worlds, Amazon is constantly innovating on behalf of our authors and readers, and we look forward to continuing to do so.

We hope that 2018 and beyond bring wonderful things for you and your stories, and we appreciate your support over the years.
Warm wishes,
The Kindle Worlds team

Have you written a Kindle World story? What do you plan to do with it now that KW is closing?

Nate’s Big List of eBook Market Analytic Tools

Finding the right niche / genre / keywords to market your book, and then parsing the sales data once your ebook is on the market, can mean the difference between a best-seller book and one no one has ever heard of.

The following post details a couple lists of tools that authors can use to target their books through market research, and then track ebook sales once the books are for sale.

This list includes all the tools I could find in a thorough search, but if you know of a tool not listed please mention it in the comments.

Market Research

The first step in publishing a best-selling book is finding out what is selling, and the following tools can help you with that.  They can parse Kindle Store rankings and tell you which genres are selling how many copies, what the best-selling books have in their descriptions, and commonly used keywords.

Name Cost Review Details
KDP Analytics free to $30 per month na Analyzes books in the Kindle Store, and tells you what is selling and why. Can use current market data to predict your sales, royalties and profit.
Kindle Spy (KD Spy) $47 na See above, can also analyze your competitors.
K-lytics $37 per month to $497 per year The Creative Penn Less a tool than a source of market research reports, KD Spy sells reports and seminars that focus on specific niche genres (clean romance, vigilante justice, female detectives, etc). Individual reports cost $27 and up; the monthly cost is to access multiple reports.
KD Researcher $17 FreeStyle Author Desktop app that lets you compile reports using data from Kindle, print, or audiobook categories on Amazon. You can limit the reports by publication year, genre, and price range. Note: It doesn’t appear to do any analytics.
KDP Rocket $97 AMZ Prof Starting with a keyword, analyzes books in the Kindle Store, and tells you what is selling and why, and by how many sellers. It will also tell you how many times the keyword has been searched for in Google and Amazon.
Kindle Samurai $20  Kboards see KDP Rocket
Keyword Inspector $39 per month  na this is a more general Amazon keyword analytics tool. I could not find relevant info on how well it would work in the Kindle Store.

There are of course other tools that are designed to analyze Amazon generally rather than the book sections specifically. If you encounter one that is free to use, you should try it and let us know how well it worked.

Sales Reports

Once your ebooks start selling, you are going to want to start tracking your sales. A shift in sales is often your first clue that the market conditions have changed, and that you might want to change your prices or marketing strategy.

Here are four tools that you can use to track your sales across several retailers and distributors. Most will integrate sales data from Amazon and other retailers into a single interface, saving you the time of checking one retailer at a time. Some will even help you track book reviews left by customers.

NOTE: Several of these programs require that you give them your login credentials for KDP and elsewhere.

Name Cost Discussion Details
AKReport €8 to €16 per month  KBoards  Browser based, and only works with KDP. Offers a specialized view of KDP dashboard.
Book Report free to $19 per month  KBoards Similar in function to AKReport. Based on what I see online, Book Report is widely used.
BookTrakr varies, generally $1 to $19 per month  KBoards Collects your sales data from ebook retailers every night, and assembles them into one dashboard. Also tracks your reviews, rankings, and ratings.
Trackerbox $89  Kboards Takes all of the sales reports from Amazon, Apple, B&N, and a host of other distributors, and organizes them into a single, manageable set of reports.  Only available for Windows; a macOS app is expected by August 2018.
Readerlinks $19 per minth  Kboards This is an author services company, and one of the things it does is let you track sales per book, pages read, free downloads, etc.

 

Leaked: Kobo Clara HD Costs $129, Ships Early Next Month

Kobo’s newest ereader isn’t scheduled to ship until the end of the month, but Notebook Italia finding a leaked product listing on an Italian retailer’s website just rendered the press embargo moot.

The cat is truly out of the bag, but I am still under an embargo so I can’t tell you everything.

The Kobo Clara HD is a new 6″ ereader with a touchscreen and color-changing frontlight on top of 300 PPI Carta E-ink screen. Weighing in at 166 grams, the Clara HD measures 8.4 mm thin. Under the hood you will find 8GB of storage, Wifi, and a 1.5Ah battery, but you will not find BT or a card slot.

All in all, the specs suggest that this is a nice upgrade to Kobo’s existing 6″ ereader, but it doesn’t wow me – mostly because I don’t care for the Clara HD’s stand out feature, its color-changing frontlight.

If you do like it and have been wanting to get the new frontlight on a pocketable ereader then you are going to be very happy in just a few weeks.

The Clara HD will sell for $129 USD or 129 euros. It ships in Italy on 5 June; my embargo ends a few days short of that.

 

Internet Archive Wants You to Turn Your Site Into a Pirate Site

The Open Library is a free web library slash pirate site run by the Internet Archive. It lends ebooks, and can be used by anyone online.

A recent update added a new option where anyone with a website can embed a widget on their site that will display a book listing from the Open Library. (Amazon and other retailers offer a similar option.)

Openlibrary.org has over 3M books lining its digital shelves, but nothing quite beats being able to embed your favorite book directly on your personal site. Last week, with the help of volunteer Galen Mancino, we launched an embed tool which lets you add any Open Library book to your website or blog. Next time you write a book review, you can place its Open Library book right next to it and, if its available, enable your audience to read it with a single click.

This embed feature is at best problematic; yes, it’s a great feature, but it’s being offered by a site that hosts a lot of pirated books.

The Internet Archive has many positive activities, including rescuing abandoned software and archiving sites so they don’t vanish from the web.

The Open Library, the site where the IA distributes in-copyright and commercially available books without permission, is not one of them.

Late last year The Authors Guild, followed shortly by the SFWA, publicly stated what many had noticed going on for years: the Internet Archive was using the Open Library to lend scanned copies of print books to the public. Many of the books were and are available through retailers and library services like OverDrive, but rather than buy legal ebooks the Open Library shared pirated copies.

You can find copies of Harry Potter on their, as well as books by Stephen King, Dean Koontz, and many other authors.

The Internet Archive has so far refused to address the complaints or stop the piracy. The closest they have come is to make a "good works" defense and claim that they will take the pirated books down when they receive a DMCA notice.

This is akin to a car thief insisting he’s not a car thief because he will return the car when asked. It is a threadbare defense at best, and it is further weakened by the IA repeatedly ignoring DMCA notices and only responding when threatened with a lawsuit.

And now the Open Library wants to make it easier to encourage people to use their service.

I can’t say I am happy about that, but I do admire their chutzpah.

Authors Are Taking Friendly Fire in Amazon’s War on Fake Reviews

Amazon has been fighting fake reviews since at least 2012. They have deleted scads of reviews, banned paid reviews, filed suit against several batches of fake review perpetrators, and even forbidden authors from having any type of relationship with reviewers.

And it’s still not enough. Fake reviews are still being posted, mostly due to an underlying problem.

Buzzfeed published a story earlier this week that delved into the dark underbelly of the paid review ecosystem that has sprung up to manipulate rankings on Amazon. This massive system continues to operate despite Amazon’s best efforts:

The systems that create fraudulent reviews are a complicated web of subreddits, invite-only Slack channels, private Discord servers, and closed Facebook groups, but the incentives are simple: Being a five-star product is crucial to selling inventory at scale in Amazon’s intensely competitive marketplace — so crucial that merchants are willing to pay thousands of people to review their products positively.

To be fair, Amazon isn’t the only retailer with a fake review problem; earlier this week Valve announced it had permanently banned a game developer from the Steam marketplace after finding out that developer’s employee had posted fake reviews.

This problem exists in all marketplaces, and not just Amazon, but Amazon is the only retailer who has a reputation for banning innocent reviewers, thereby punishing innocent authors.

Right about the time that Buzzfeed was publishing its article, I was reading FB post after FB post from authors whose reviewers were getting banned from posting reviews.

Elena Page wrote about how she lost one of her first fans: "Amazon emailed her last week and accused her of leaving biased reviews on Amazon. She was banned from ever leaving reviews on Amazon again, and told she was not allowed to argue her case or refute the claim in any way. All the reviews she’s ever left, have been removed."

Other authors chimed in with similar reports, including one who noted that their books had lost most of the reviews even though none of the reviews were fraudulent.

Amazon has an automation problem. This company uses bots to run almost every aspect of the Kindle Store from detecting fake reviews to checking the formatting in ebooks and finding fraud in Kindle Unlimited, but the bots don’t work very well. This leads to situations where innocent authors are punished because Amazon’s bots think the authors are scamming Kindle Unlimited while the actual scammers continue to operate at a massive scale.

The under-performing bots are also in part to blame for the ongoing problem with fake reviews on Amazon.com.

The simple fact is Amazon can’t tell which reviews are fake, and which are forbidden by policy, and they’re not the only ones.

A lot of the recent stories about fake reviews, including the Washington Post article from last month and Buzzfeed’s piece, have relied on a company called ReviewMeta. This one of two startups that have developed algorithms to detect fake reviews. The other is called Fakespot, which has its own algorithms that work in essentially the same way.

These two companies will tell you that they can identify which reviews are fake with a high degree of certainty, but the thing is, they rarely agree and that raises serious questions as to their accuracy.

After the Washington Post reported on the fake review problem last month, David Gaughran followed up with a post that pointed out how ReviewMeta falsely labeled his books as having fake reviews.

Okay, this doesn’t look good. And if you look down the page it shows each of the products they have assessed that led to this overall brand trustworthiness score. You can see many of my books have “failed” in the eyes of ReviewMeta and “Unnatural reviews detected” has been appended to several of my books. Crikey.

You can click on each product and see how it came to that determination, and the supposed evidence for each component of that decision. Again, I stress, this transparency is truly commendable.

But this breakdown also reveals the faulty assumptions that led to these incorrect determinations about my reviews. And it’s not just my reviews, of course. These simplistic calculations affect most authors. (You can search for your own books here.)

You can find ReviewMeta’s analysis of David here. While you are at it, you might also want to take a look at Fakespot’s analysis.

The thing about these two companies is that they identified some of David’s books as having fake reviews, but not all. The other thing about these two companies is that they didn’t agree on which books had fake reviews.

One thought Let’s Get Digital was tainted, while the other passed the book. The same goes for Liberty Boy, and other titles.

The disputed analyses call into question the very idea that fake reviews can be identified by algorithms. As David put it:

The sad thing about all of this is that Amazon does have a fake review problem, one which is compounded by Amazon deploying a fake review detection algorithm that seems about as accurate as the one from ReviewMeta, perhaps for similar reasons too. Which means that authors innocent of any wrongdoing get genuine, organic reviews from bona fide reviewers removed every day and the scammers and cheaters with fake reviews keep getting away with it.

This problem is only going to get worse before it gets better.

Leaked Youtube Video Reveals Kobo Clara HD has a 6″ Screen With Color-Changing Frontlight

Kobo’s next ereader leaked on Youtube today, and it is exactly what we were expecting.

Kobo’s Canadian retail partner, Chapters/Indigo, uploaded a video to YouTube showing the Kobo Clara HD. The video has since been removed, and it shows digital images rather than the actual device, but it did reveal some interesting details about Kobo’s next ereader.

The Kobo Clara HD is a basic black rectangle with a 6″ E-ink screen. The video doesn’t mention the screen resolution, but it does say that the device has Comfortlight Pro. This is what Kobo calls its color-changing frontlight, and it means that the Clara HD will have the same frontlight options as Kobo’s last couple models.

The video also mentions that the Clara HD will have 8GB of storage, but it doesn’t say more than that. For example, there’s no mention of price or release date.

I agree with the other Nathan; this is a little disappointing. It’s a minimal refresh to existing hardware that adds a new frontlight, but little else.

This is a little silly, but over the past week I had started to wonder whether Kobo might decide they had to do something amazing so they could overshadow the Kindle Oasis, Amazon’s 7″ ereader.

I got it in my head that Kobo might release a 10″ ereader. Yes, I had predicted a 6″ model, but I would have been happy to be surprised  when I was wrong.

Alas, that is not to be.

AAP: Publisher eBook Sales Fell almost 5% in 2017

The Association of American Publishers has released its end of year revenue report for the legacy publishing industry.

As expected, trade revenues were essentially flat (a 1.3% increase), while ebook revenues fell 4.7%.

Press release:

Publishers’ revenue for trade (consumer) books increased by $96 million (+1.3%) to $7.6 billion in 2017. The growth in trade books is attributed to a +3.0% revenue uptick in the Adult Books category, which comprises more than 65% of all revenue for trade books. Revenue for Childrens/YA books and Religious Presses declined in 2017.

Overall publisher revenue for 2017 was flat at $14.7 billion, up $57.5 million (+0.4%) from 2016. These numbers include sales for all tracked categories (Trade – fiction/non-fiction/religious, PreK-12 Instructional Materials, Higher Education Course Materials, Professional Publishing, and University Presses). Several categories that had declined in 2016 rebounded in 2017, including Adult Books, University Presses, and Professional Books.

Some 2017 trends include:

  • In terms of growth percentage, downloaded audio dominates with +29.7% growth compared to 2016. This is the fifth consecutive year of double-digit growth for this format, with revenue nearly triple what it was in 2012.
  • eBook sales declined overall for the third year, the -4.7% decline is lower than it has been the past few years, and eBooks for Religious Presses saw a revenue increase.
  • Higher Education publishers’ revenue was flat (+0.2%), ending the previous years’ declines.
  • Adult Books saw increased revenue from 2016, up $148.1 million.
 

2017

2016

Percent Change

Adult Fiction/Non-Fiction

$5,054.9

$4,906.9

+3.0%

Childrens/YA

$2,055.3

$2,099.0

-2.1%

Religious Presses

$447.8

$456.0

-1.8%

Professional Books

$687.5

$634.1

+8.4%

K-12 Instructional Materials

$2,826.4

$2,930.6

-3.6%

Higher Ed Course Materials

$3,538.1

$3,529.3

+0.2%

University Press

$58.7

$55.8

+5.3%

Other

$34.8

$34.4

+1.0%

Total

$14,703.5

$14,646.0

+0.4%

Trade Book Formats

Print books generally continued on their positive growth trend from 2016. Revenue from print books totaled $5,774.9 million in 2017, up about $60 million (+1.0%), from 2016. In 2017, revenue grew for trade books’ most popular format – hardback books – which was up by $83.9 million; this countered the $4.8 million revenue decline in paperback books (-0.2%).

Downloaded audio, which grew +25.8% in 2016, continued its significant growth in 2017 with publisher revenue increasing +29.7% in 2017. This category has nearly tripled in the past five years. For the first time since AAP began measuring the category, growth passed the $300 million mark for the year, reaching $343 million, and overtaking mass market books in revenue.

The pace of eBooks declining revenue appears to be cooling, with a -4.7% decline – significantly less than the double-digit declines experienced in 2015 and 2016. While Adult Books and Childrens/YA saw declining eBook revenues, publisher revenue for religious presses was up by $3.1 million (+9.2%) in 2017.

Total Trade Net Revenue by Format (in millions)

 

2017

2016

Percent Change
Hardback

$2,864.8

$2,780.9

+3.0%

Paperback & Mass Market

$2,763.2

$2,798.3

-0.2%

eBooks

$1,103.0

$1,157.7

-4.7%

Downloaded Audio

$343.4

$264.8

+29.5%

Board Books

$146.9

$136.1

+8.0%

Other (including physical audio)

$336.6

$323.1

+4.1%

Education, Professional and Scholarly Publishing

After several years of declining revenue, higher education publishers saw $8.8 million in additional revenue from Course Materials (+0.2%), flat from 2016. This is primarily due to a reduction in returns (down -20.6% from 2016.)

PreK-12 Instructional Materials declined by -3.6% in 2017 compared to 2016. Revenue for PreK-6 books declined by -12.1%, while revenue for 6-12 books increased by +10.2%, with growth coming from adoption states.

After two years of declines, both University Presses (+5.3%) and Professional Books (+8.4%) – which include business, medical, law, scientific and technical books – saw revenue growth in 2017.

Publisher net revenue is tracked monthly by the Association of American Publishers (AAP) and includes sales data from more than 1,200 publishers. Figures represent publishers’ net revenue for the U.S. (i.e. what publishers sell to bookstores, direct to consumer, online venues, etc.), and are not retailer/consumer sales figures. AAP also tracks revenue annually with AAP’s StatShot Annual Report, which includes reporting from additional publishers and data about unit sales and channels. For more information about purchasing the StatShot Monthly and StatShot Annual, email [email protected].

David Leonhardt Wants to Save Barnes & Noble, But Has to Make Up Stuff About Amazon to Justify It

The NY Times has published some stinker editorials lately (Ross Douthat’s piece springs to mind), including an editorial by David Leonhardt that was published on the NYTimes site yesterday.

Leonhardt wants to save Barnes & Noble by punishing Amazon for being a better bookseller. He wants regulators to step in and use antitrust law to spank Amazon and (I think) force Amazon to raise prices. He isn’t clear on that point, and Leonhardt also fails to explain how this would help Barnes & Noble given that consumers have shown they do not want to shop at the failing retailer, or why B&N deserves this special treatment.

The piece demonstrates muddy-headed thinking all around, including in its litany of Amazon’s supposed misdeeds, where Leonhardt  tosses out falsehoods and industry myths left and right.

Leonhardt  starts by claiming that Amazon "has never run into antitrust scrutiny" when it has been investigated at least once (during the Apple price-fixing investigation, and possibly a second time when the Authors United astroturfing group was making a spectacle in 2014 through 2016).

He then claims Amazon is losing money on book sales when in fact a DOJ investigation showed Amazon hadn’t been losing money on ebooks at the time the DOJ charged the Price Fix Six. (There is zero evidence on Amazon’s print book revenues one way or the other).

Leonhardt goes on to blame Amazon for Borders’s bad business decision and failure and for publishers abandoning mid-list authors. He is also under the mistaken impression that there are fewer professional authors now than before.

It’s really hard to take Leonhardt seriously after he made that claim; it shows that he didn’t do his research.

The thing is, there are more pro authors now than before Amazon got into ebooks.

Amazon has in fact created opportunities for authors to bypass gatekeepers and bring books to market. Authors get to keep a greater share of the revenues than if they signed with a publisher, which means there are more commercially viable books than before (and not less, as Leonhardt believes).

All in all, this piece is little more than the same old recycled ADS (Amazon derangement syndrome) tripe that we have seen before from the legacy publishing industry. It accomplishes nothing more than showing no one can make a good argument that Amazon is anything more than just unpopular among a small segment of the publishing industry whose sinecures have been disrupted by Amazon.

What Leonhardt is really saying by repeating the gripes of the legacy publishing industry is that  Amazon is guilty of"felony interference with a business model", which is another way of saying that Amazon’s disruptions have cost legacy publishers revenue, status, and marketshare.

As much as they may wish it were, this is not actually a crime.

Next!

image by THE Holy Hand Grenade!

 

Cockygate: Faleena Hopkins Has Registered a Trademark on Cocky, and is Using it to Threaten Other Romance Authors

Trademark bullying is a pox on industries ranging from breweries to whatever over-priced junk Monster Cable is making this week. A trademark bully’s ostensible goal is to keep consumers from getting confused, but in reality there was never any chance of confusion, and all the bullies accomplish is to make their victims needlessly waste time, money, and resources either fighting a lawsuit or re-branding in compliance with the bullying.

And now an author has brought the practice to romance publishing.

Hot from Twitter comes the news that author Faleena Hopkins is sending threatening letters to romance authors who use the word "cocky"  in the titles of their books.

For example:

The above tweet includes a screensnap of an email that reads:

Hi Jamilla,

My name is Faleena Hopkins, author of Cocker Brothers, The Cocky Series,

The Federal Trademark Commission has granted me the official registered trademark of the word/mark “Cocky”, no matter the font.

Trademark Registration number: 5447836

I am writing to you out of professional respect so that you may rename your book “Cocky Cowboy” which shares the same title as my book, and republish all of the versions (ebook, paperback, and Audible) on Amazon to keep your ratings and money earned.

My attorney at Morris Yom Entertainment Law has advised me that if I sue you I will win all the monies you have earned on this title, plus lawyer fees will be paid by you as well.

I will do that – but I would rather give you the option.

I have had this series established since June 16, 2016 and I take all of the hard work I put into establishing it very seriously.

Your hard work I also take seriously.

You have the opportunity to adjust, rename, and republish before taking further action. You can do so on Amazon without losing reviews.

Thank you,

Faleena Hopkins

Hopkins has a trademark both on the word "Cocky" as a stylized script and on the word itself (this is being misreported elsewhere). She has a series of romance novels about a pair of brothers with the last name Cocker, hence the connection to the word "cocky".

This is trademark bullying, plain and simple, and it’s based on an incredibly weak argument.

While a lawyer will tell you that you can trademark common words, there has to be something unique about how you are using the word:

One example that I like to give to clients is that of Apple Inc., the famous computer and software manufacturer. The word “apple” is a very common word, and yet Apple Inc. had no problem trademarking the term “APPLE” for computers and computer programs. Nor did Apple Rubber Products, John Middleton Co., and Scholastic, Inc. All of those companies, and many others, own trademark rights to the single word “APPLE”.

Why was this allowed? Because the word “apple” is an arbitrary word when used in connection with the manufacture and sale of computers and computer programs, or tobacco products, or educational materials. That is, there is nothing about these products that relates to “apples”. Accordingly, the term “APPLE” is actually a pretty strong trademark, as is the case when you apply a completely arbitrary term (however common it may be) to promote your products or services.

The case would be much different if someone wanted to get a trademark on the word “APPLE” in connection with the sale of apples (the fruit). In that case, the name “APPLE” would simply be a generic term for the type of goods being provided, namely, apples. Because of this, the United States Patent and Trademark Office (USPTO) would never issue a federal trademark registration for the term “APPLE” if the only products being provided were fruit products, even the best trademark attorney wouldn’t be able to help you with that attempt.

"Cocky" is a descriptive term that was already in widespread use before Hopkins filed for her trademark (including in the title of dozens of romance novels). Her use is in no way unique, and there is no way a consumer could get confused because there is no way that the consumer could possibly think the word "Cocky" is a trademark for romance novels.

Edit: As David Vandergriff (a lawyer) explains over at The Passive Voice, the reason that prior works are important is that in trademark disputes, control of a mark goes to whoever used it first, not whoever registered it first. So Hopkins’s trademark is invalid because she was not the first to use the term.

But if consumers were going to get confused, there is an equal probability they would think that her books were part of one of the several series of romance titles that used the work "cocky" in the title (here’s one example).

And while we are on the topic, one of her two trademarks is probably invalid; it appears to rely on a font licensed from Creative Market under terms that said you can’t get a trademark (edit: the creator has confirmed this).

This trademark is going to be voided in the first lawsuit, if not sooner. Mark Whipple, an IP attorney, has weighed in with a detailed explanation of how and why Hopkins is going to lose, and the Romance Writers of America is already taking statements and is getting ready to consult with an IP attorney.

Update: The story is still unfolding on Twitter:

https://twitter.com/RomancingNope/status/992947590902763522

Also, Hopkins is painting herself as the victim over on FB:

 

What All the Coverage Missed About Amazon’s New Prime Book Box Service

Amazon’s new book of the month club replacement, the Prime Book Box, got a lot of attention when it was announced on Tuesday, but so far everyone (including me) seems to have missed the important background detail that will decide whether this program succeeds or fails.

While I did make the connection between the new service and book of the month clubs even I missed the fact that Amazon is going up against a well-entrenched competitor who dominates the kids book market (a reader noticed, though – Thanks, Dave!).

The heavyweight in this arena isn’t Amazon, and it isn’t a retailer. It is a publisher.

I am referring, of course, to Scholastic.

With revenues topping $1.74 billion a year, this publisher is larger than several of the Big Five trade publishers, and yet it is frequently overlooked.  In part this is due to Scholastic not participating in the book industry’s favorite hobby, publicly whining about Amazon, but the other reason that Scholastic is overlooked is that they don’t do a lot of business with the retail book trade. Instead, Scholastic makes most of their money from direct sales.

Scholastic is the king of the school book fair, and between book fairs and its classroom-based mail order operation, Scholastic sells over a billion dollars worth of books a year in schools. That is more business than Simon & Schuster does in a year, and it’s more than Hachette US’s annual revenues.

This is the business that Amazon is trying to disrupt. Will they succeed?

One could go by Amazon’s dominance of the retail book trade and conclude that Scholastic doesn’t have a chance, but that could be a mistake.

Scholastic is not Borders or B&N, nor is it one of the Big Five. Scholastic has a direct connection to its customers that the Big Five never had and that B&N lost years ago, giving Scholastic brand recognition that few can match.

Amazon has their work cut out for them.

DragonCon Invites the Infamous Lori James of All Romance eBooks as Author Guest

All Romance eBooks was at one time a leading romance ebook retailer, but by the time it shut down in late 2016 it was clouded in scandal. Not only had authors gone unpaid for months (some for over a year), ARe had also presold a number of marketing services right before it closed – and then kept the money.

ARe owner Lori James is being sued by a class of authors, so one would think she would maintain a low profile.

Apparently one would be mistaken.

According to the DragonCon website, Lori James has been invited to attend the con as an author guest. She will be coming under her pen name, Samantha Sommersby, but no matter what you call her this is still the same person who owes authors hundreds of thousands, if not millions, of dollars.

DragonCon was first made aware of this situation 3 weeks ago by authors who belong to the (closed) FB group Pissed Off former ARe Authors, and when I contacted DragonCon two weeks ago they told me:

We’re looking into the situation. That’s all we can say right now. We were just recently made aware of it, and our programming team is looking at it.

I checked last night and DragonCon has not decided whether to uninvite James. If you would like to help them make up their minds, you can contact DragonCon through its site.

Dropbox Quietly Launches an Epub Viewer

Dropbox is a popular way to store your ebooks and other files online, and now they have made it a little easier to read those ebooks.

A reader has tipped me to the news that Dropbox now has an Epub viewer built into its website. Simply double click on one of the Epub files you have uploaded to your Dropbox account and it will open in a viewer – just like PDF and Word.

My source and I were unable to find an announcement from DropBox, but I can confirm it works – just not very well.

The Dropbox Epub viewer ignores the formatting, table of contents, and all of the metadata. All it can really do is take the text and images from an Epub file and show it as a single column of centered text, making it a viewer app of last resort.

My source calls it "a pretty cool improvement" but I am going to let Dropbox add features like basic support for formatting before I get excited.

Thanks, Stephanie, for the tip!

Amazon Kindle Android App Gains Audible Sort, Book Returns

The Kindle app for Android got an update last week about the same time as the iOS app. Weirdly enough, the apps did not get the same features in the respective updates, and it’s not clear why.

The Android app now lets you return ebooks borrowed from Prime Reading and Kindle Unlimited (just like the iOS app).

There’s also a new sort option where you can elect to only show Audible audiobooks (other options include all items, ebooks, ebooks, magazines, etc). And we have a new gesture to refresh/reload the library listing; just swipe down in your library, and any new books or changes are synced.

You can find the app in Google Play.

Changelog

  • Return Prime Reading and Kindle Unlimited books from within the Kindle app. Simply long press on a book cover and select “Return book”.
  •  Use the new Audible filter to quickly find audiobooks in your library.
  • Pull down in your home or library to refresh your list of books.

Android Police

Barnes & Noble Adds a 30-Day Sales Graph, Scheduled Price Changes

Judging by the continued decline in revenue, Barnes & Noble’s ebook project is a a failure, but someone apparently forgot to tell the tech team at B&N Press.

B&N announced new features for its publisher portal on Friday:

We’ve launched a few new features that we wanted to tell you about: the ability to schedule eBook price changes in advance and an at-a-glance 30-day sales reporting graph.

We know the ability to schedule an eBook price change in advance is important to our authors. You can now select a start and end date for eBook price promotions in advance, giving you extra time to focus on other things – like writing!

…

We also have an update to our Sales Reportingwith a new at-a-glance, 30-day graph to help you identify sales trends. We hope this graph gives you better insight into your sales performance quickly and efficiently.

The 30-day graph also provides a by title option that will allow you to focus on your sales trends with even more detail!

This is the first announced update to B&N Press platform January. That update featured new sales reporting options, including by day, week, and year.

B&N