E-book publishers and writers vs. the ISBN gouge: Restraint of trade for small pubs?
June 1, 2009 | 9:49 am
By Elizabeth Burton, executive editor of Zumaya Publications
Elizabeth K. Burton, our latest contributor, is an author and executive editor of Zumaya Publications LLC of Austin, Texas, an inventory-free trade press. Welcome, Liz! – D.R.
The ISBN interests want publishers of e-books to offer a unique ISBN for each electronic format the books appear in. This campaign has been going on for months.
The rationale? Each e-format supposedly is a new edition of a book.
But that’s absurd. In fact, many independent e-book publishers would go out of business if—while offering titles in as many formats as possible—they complied with this plan.
The ISBN-related proposal would put a dent in the revenue streams of even some traditional publishers. These houses buy ISBNs in huge blocks, slashing the price to pennies, and usually offer e-books only in major DRM-lockable formats.
Going after e-book-related revenue
I’m aware that the ISBN interests in the States and elsewhere have been trying to push this concept for a many months. But it seems far from coincidental that they are suddenly even more eager to make this policy the accepted norm just as the major players in the publishing industry are waking up to the potential of e-books.
That synchronicity also explains why the ISBN organizations and their U.S. agent, R.R. Bowker, seem to be incapable of seeing beyond their own bottom line with regard to the one-ISBN-per-format concept.
Many e-smallfry not bothering with ISBNs right now
Until now, many if not most of the independent e-book publishers—the ones that focus mainly on e-books and do print editions only in limited sizes, if at all—didn’t bother with ISBNs.
They preferred to channel a larger portion of revenue back to the content creators, the authors, by paying royalties of 40-50 percent of net. Since an ISBN wasn’t required by most of the sales channels, the principal ones being the publishers’ own Web sites, purchasing the ISBN numbers was an unwarranted expense in their minds.
Bullying the little guys via retailers and distributors?
That option might no longer be available if the proposed policy becomes reality. A nameless representative of the ISBN interests stated on Twitter that once an ISBN identifier for each format was accepted as standard, the interests might negotiate with the sales channels, encouraging them to purchase ISBNs, which they could then place on any e-book format for which the publisher failed to provide numbers.
Granting that this individual may have simply been talking off the top of his or her head in the effort to persuade, this would mean that any e-book publisher which submitted a title with only a single ISBN would have all other versions of that title listing the vendor as official publisher of record.
Rights management nightmare
The rights nightmare inherent in something like that is mind-boggling.
The only alternative for small publishers, however, would be to stop dealing with those vendors and rely on their onsite sales and those through alternate channels (with less traffic and name recognition than Fictionwise et al.) for sales.
ISBN interests ignoring the impact on small publishers?
In that same discussion, what also became clear is that no one with the ISBN interests seem to have considered the financial aspect of their proposed policy, and its impact on small publishers.
When informed that such a policy would require me to purchase 10 times my usual number of ISBNs, and that this would only last me half as long as now, the ISBN tweeter commented that the increased block would “only” cost about $1,900 (for express delivery. Standard delivery on a 1000-number block is $1,750).
I normally purchase in blocks of 100, and have budgeted for that. We normally publish about 25 titles a year in trade paperback and ebook. Hence, one block, at $995, will last two years. So my annual cost for ISBNs is about $500.
Annual cost would triple
Fictionwise, which is our main source of e-book sales, offers 11 e-book formats. Should I be required to assign a unique ISBN to each of those formats, I would need 12 for each title. I would thus need 300 ISBNs for a single year. If I continued to purchase in blocks of 100, my annual cost would thus triple, to $1,500.
Yes, I could purchase a 1000-number block, but the overall cost would be essentially the same: three years at $1,500 or three years and part of a fourth for $1,750. Either way, an essential cost of my doing business has tripled—and for no good reason.
This also assumes there won’t be new formats added as time goes on, which isn’t realistic. Unless and until everyone agrees on a single standard format, proprietary ones will be the norm.
ISBN interests’ baby: Not requested by any vendors or publishers
Costs of doing business are always with us, but this suggested policy has, so far as I can tell, not been requested by any of the vendors or publishers. It is being promoted solely by the the ISBN interests and their monopoly sales agent here in the States. They are seeking to persuade said vendors and publishers that the change would benefit them—largely, I gather, by allowing them to track sales by format.
Their other argument is that the standards require a unique ISBN for each edition of a book, and that each format is such an edition.
Clothing IDs: A comparison
It is logical to require a unique ISBN for a hardcover, trade paperback and/or mass market edition of a book. It is also logical to require a unique ISBN for the ebook version. However, requiring a unique ISBN for each format of that e-book is the same as demanding each size and color of a shirt has to have a unique product number.
Open any mail order catalog, and each product—which in this discussion is the e-book—has a single identifying number. The variations on that product, which are the equivalent of the e-book formats, are handled in the manufacturers’ and vendor’s databases using SIN or SKU numbers.
Doing it any other way would be so unwieldy as to be unworkable. Yet neither those manufacturers nor the vendor have any problem tracking inventory.
A policy in search of a need
Comparing the differing coding of the various e-book formats to the clear and substantial changes needed to render a hardcover as paperback or e-book is absurd, and shows the usual inability of established entities to adapt to the rapidly changes inherent in technology.
In other words, instead of adapting their policy to the reality of the marketplace, they are trying to impose that policy on a situation it was never intended to address.
$$$$: The ISBN interests’ motive
Of course, there’s an obvious reason for wanting to make this policy standard operating procedure: $$$$. In the three years since I purchased my first ISBN block, the price for that block has increased at least twice, and by considerable margins each time.
If publishers have to purchase enough numbers to identify a print version and a dozen e-book formats, that’s 13 numbers that will be required where previously two were sufficient. The 100-number block that now lasts me the better part of two years would suddenly barely get me through one.
The big beneficiary: Bowker
So, ask yourself who will benefit most should this “standard” become the official norm in the industry. And I will repeat that the current situation in the U.S. is that Bowker has an unchallenged monopoly on the sale and distribution of ISBNs, excluding authorized resellers.
Based on a logical analysis of the situation, it seems to me the only benefit falls on the people who control the product stream.
The restraint-of-trade question
Should this policy be accepted, an argument might be made that it would be in restraint of trade, since those unwilling to assume the expense required to comply would be effectively barred from sales channels that adopt it. Their only other option would be to limit the number of formats they make available, which would also likely result in diminished sales.
Thus, since their very survival might be in question, I think it safe to say the small independent e-book presses would be likely to consider filing a class action to that effect if such a requirement were to go into effect.



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Comments:
ISBNs are useful so that customers (& retailers) can specify a particular edition of a book, and be sure what they’re ordering.
In my opinion, there are circumstances in which it’s right that each ebook format should have a separate ISBN — if a publishers sells separate eBook editions, such that the customer only buys one of these versions, the publisher should assign a different ISBN to each edition.
So someone selling separate DRMed ePub, Mobi, Lit, LRX editions should use separate ISBNs for the separate editions.
If, however, the customer gets /all/ the different ebook formats when buying the ebook edition, only one ISBN should be assigned. So someone selling an ebook through Fictionwise’s non-DRM multiformat system would only need a single ISBN.
Paul, could you elaborate a little more on your reasoning for why there should be a distinction? I find it hard to agree or disagree without more information.
Quite apart from the financial considerations (in South Africa we get ISBNs for free via the National Library), there is one simple reason ISBNs for each ebook format are absurd: ebook formats will soon become invisible to users.
Formats determine only the way content is stored. Ebook formats are already and will increasingly be interpreted, converted, mangled, tidied, and enhanced behind the scenes by software, both at aggregators (e.g. Mobipocket-to-Kindle) and on users’ own devices.
That is to some extent the very reason for open standards like epub, which can be easily converted to a wide range of formats as needed.
Right, debate settled. Back to work.
The essential question is, why do we use ISBNs? It must be because they are useful to the book trade, otherwise they would not have become as universal as they are.
So – what do ISBNs do that wasn’t done previously? They uniquely identify an edition of a book, so that the book seller can be certain which edition of a book they are ordering without any confusion that verbal descriptions introduce.
They have also become useful for the same reason to book buyers.
Now – ebooks. Clearly they shouldn’t have the same ISBN as any paper edition of the book, even if made from the same files. (Just as a deluxe hardback doesn’t have the same ISBN as a standard hardback, even though the book block might be identical).
So – we need at least one ISBN for an ebook edition.
Let’s look at DRMed ebooks. If I want to recommend a particular ebook to a friend, and I know what device they have, I should be able to identify it to them by ISBN, so that if they go an buy the ebook with that ISBN, they will get the right one. (Assuming I haven’t made a mistake, of course!).
To be able to do this, /requires/ that all DRMed ebook editions have different ISBNs. Well – it does so long as publishers sell only one version of a DRMed ebook for the purchase price.
Now look at non-DRMed ebooks, e.g. Webscription’s ebooks or Fictionwise’s multiformat ebooks.
Here, buying the ebook buys /all/ available versions. So I just need a single ISBN to be able to recommend an ebook and be sure my friend won’t be wasting money on an ebook their device can’t read.
In short, one ISBN = one item bought.
With all due respect, I think that you are all mistaken. It seems to me that the point of an ISBN is to identify content. But it must be known that content changes – punctuation fixes, clearer wordings, etc – they all get fixed in later editions.
I had more, but I doubt you would understand – so I will just say I think the ISBN should refer to content, instead of medium. If someone has a reason why a paperback with all the same words as a hardcover should have a different ISBN, please share – I think you’re all just getting fleeced.
The ISBN guidelines specifically state that minor content changes do not require an ISBN. The ISBN will not help you track such minor content changes.
Having now done a little googling on the history of ISBN, it turns out that it was indeed intended to help the ordering process.
A paperback has a different ISBN to the hardback because when a bookseller orders copies of a book, they don’t want to order paperbacks and get hardbacks or vice-versa.
As a counterargument…
The more likely scenario is that I buy an eBook I really like. I post a recommendation on my blog or directly to a friend (and I can’t be bothered to check what device they are using these days), and they look up the ISBN. Since the ISBN encodes the format type, the storefront never asks about my device. (Why should it? They can trust that if I have an ISBN I know what I want.) Now all of my friends have to figure out how to exchange formats at the store.
As for ordering, it may be somewhat helpful in the eBook realm, but we really need to be moving away from such an inefficient system.
I understand why it could be useful to use a different ISBN for different encodings, but I think the comparison to clothing sizes is apt. The product is the same with slight differences based on my preference.
It is my understanding that ISBN is intended to be a “Manifestation” identifier per the ISO spec which defines ISBN. Thus, it is clear that each different format of the same ebook should be given a unique ISBN.
But, as a small publisher myself, I definitely understand Ms. Burton’s angst in having to pay big $$$ for ISBN numbers. Clearly, the entire ISBN system is now broken.
For a while now I’ve advocated a new ebook identifier system based on the Expression of a Work (not the Manifestation); the identifier could have a publisher added suffix which describes a particular Manifestation of an Expression.
This new identifier system opens up all kinds of interesting opportunities which benefit both publishers and readers. It would not be compatible with ISBN, though, and the ebook distribution and retail chain would have to adapt to it.
Adding an alternative to ISBN would be just as disruptive as requiring a different number for each format, Jon. Both would require a reconstruction of the publishers’ and vendors’ databases to accommodate the additional information.
“Ebook” IS the “manifestation.” It is the form in which the book is published. The various formats, in my estimation are the equivalent of those “minor changes” referred to that don’t require a new ISBN because they don’t qualify the work as a new edition.
And just because I know someone uses reader A doesn’t mean that’s the format they would always want. I have a Kindle, an EB-1150 and a Palm T|X in addition to my laptop. Which format I might want on any given day will depend on circumstances. And I, for one, would not want to have to remember which of a dozen ISBNs belongs to the format I prefer.
And let’s be honest, how many people REALLY recommend a book to someone by sending them the ISBN? A title and author are all that’s needed to track down a book.
Paul said:
Yet another reason why DRM is a stupid problem created by publishers for users. Why should the purchaser have to care what format the book is in? It should just work on all devices. Period.
Greedy publishers created these format wars trying to monopolise books in their own walled gardens. Why should small publishers have to pay many times as much as they were already paying just to achieve compatibility with these broken implementations of textual display? Talk about raising barriers to entry. DRM now seems as anti-publisher as it is anti-consumer.
Perhaps I’ve given the wrong impression that I support having separate ISBN numbers for different formats. I don’t. But I can see that there’s some feint justification for doing so with the restricted DRMed formats.
I’d much rather publishers stopped wasting money on DRM schemes, and we had universal acceptance of one ISBN per ebook edition, regardless of the number of formats in which that edition is issued.
Perhaps I should make it clear (again) that this policy originates with the UK-based ISBN organization NOT Bowker. Bowker is simply their agent in the US.
For a copy of the actual policy statement: . Note they claim this is desired by various end-users, like libraries.
I have also been informed that I suffer from much incorrect information, which the organization is kindly going to explain to me via conference call. No explanation so far why that can’t be done here in public, but perhaps their forthcoming email will explain that.
Sorry–by force of habit I put URLs in arrow brackets. That link is http://www.myidentifiers.com/multimedia/pdfs/ISBNs_and_eBooks_Apr2008.pdf
The second paragraph of the document Elizabeth links to is worth repeating:
“The ISBN standard (ISO 2108) clearly states that ‘each different format of an electronic publication that is published and made separately available shall be given a separate ISBN.’ ”
So Baen’s webscriptions and Fictionwise’s Multiformat ebooks only require a single ISBN, since the individual formats are not made separately available – you buy the ebook, not the format.
It might be worth raising this point with them if you’re not using separately available formats.
The ISBN is the unique identifier of each manifestation… and so much already hangs on it. Consider a library ordering e-book copies of some existing paper-book holdings. If the ISBN is the same as the paper book, when it adds the e-books to the catalogue the e-book records will over-write those of the original paper books.
Let’s not confuse the issue. No one is arguing that the ebook EDITION needs a unique ISBN. The issue is that requiring a unique ISBN for each FORMAT of said ebook is overkill, unnecessary and will create a financial burden on all those publishers who offer their titles in all of the major formats.
The ISBN organization argues that this isn’t the case, as they are negotiating with vendors and libraries and whatnot to supply them with ISBNs. These would have a prefix unique to each channel/user. They could then apply THEIR ISBNs to those formats publishers don’t. This is their way of denying the policy is a problem.
However, that means publishers who distribute their books through multiple channels and don’t assign an ISBN for each format will have books with as many different ISBNs as there are channels. If they use ISBNs to track sales…well, it will just be an incredible record-keeping nightmare even if there’s no copyright infringement involved.
I’ve come to the conclusion that the problem is a blurring between the words “form” and “format.” The two have, in many cases, come to be used interchangeably when they aren’t perfect synonyms. The edition of a book is the form in which it’s published: hardcover, paperback, ebook, etc.
“Format,” in digital terms, is the equivalent of layout in a print book. One lays out a print book so that its content can be readily accessed by the reader. One formats an ebook for the same reason. If you then burn the ebook(s) onto a CD or DVD, THEN you have a different edition, which would need a unique ISBN from the digital version.
You could think of it as incentive to create one format of e-book only, like ePub, and let the purchaser worry about conversion to their format of choice. (In fact, if e-book readers were designed to take one unified format and convert it on-board for reading use, that’s exactly what you’d want to do.)
The second choice, that of simply bundling multiple formats in one package, would also seem to solve the problem.
Nevertheless, until we see that day, it sounds like a good reason for anyone who has the option to simply not purchase ISBNs. They are clearly a tool of an old, physical copy-based system, and as such are out-of-sync with the digital market and its unique needs.
A publisher I know sends out only ePub-format eBooks to the supply chain, with one ISBN. Yet many of the distributers then create additional formats from that ePub. It would be a crazy world if everyone who ran an ePub through some sort of converter needed a new ISBN!
Dave,
Unless I’m mistaken, what the ISBN people are saying is that if you submit a single file with its ISBN, the vendor/distributor would then give each format derived from that initial file its own ISBN. Which would come from a block with the vendor/distributor’s prefix, not the publisher’s.
To put it in real terms, one now submits to Fictionwise an RTF file, with an identifying ISBN if you use them. They convert that file into 11 other formats. By the policy the ISBN people insist is necessary, if the publisher doesn’t supply a separate ISBN for each of those formats, Fictionwise would do so using numbers from a block assigned to them, with their prefix.
A vendor would, one assumes, have more of an option where this is concerned. A distributor, however, like Lightning Source Digital or Overdrive, wouldn’t. As long as the number of formats is limited to, say, MS Reader, Palm and PDF the requirement would be annoying but probably bearable. If, however, the distributor opted to provide all the main formats, we’re back to needing my original problem with this situation.
That’s been what I’ve suggested all along if it were somehow made an issue such that I would have to buy more ISBNs.
Right now I bundle 8 formats anyway, so no skin off my nose. Format? ZIP. That’s the format.
I’ve yet to be convinced that ISBN is needed in the future of digital publishing, and hope that someone can convincingly argue why ISBN should form the basis of the future of digital publishing.
I remember in the late 90′s that many of the independent ebook publishers used ISBN because of its mystique: “my ebook has an ISBN, thus it is a real book.” I no longer see ISBN having that same mystique, so the real question is what good does ISBN serve that another identifier can’t?
I’m not criticizing here, but simplyy want to be convinced with a compelling argument. Anyone?
I’ve yet to be convinced that ISBN is needed in the future of digital publishing, and hope that someone can convincingly argue why ISBN should form the basis of the future of digital publishing.
I remember in the late 90′s that many of the independent ebook publishers used ISBN because of its mystique: “my ebook has an ISBN, thus it is a real book.” I no longer see ISBN having that same mystique, so the real question is what good does ISBN serve that another identifier can’t?
I’m not criticizing here, but simply want to be convinced with a compelling argument. Anyone?
Elizabeth Burton explains it very clearly. If she is correct doesn’t this result in the crazy situation were a given title in a given format sold by vendor A would have a different ISBN from the identical title in the identical format from distributor B? This doesn’t happen with paperbacks sold by Waterstones and Smiths, for example.
Liz Burton wrote that the International ISBN Agency, of which I am executive director, is “kindly going to explain to me via conference call. No explanation so far why that can’t be done here in public.”
This is entirely incorrect. We have not made contact with Liz Burton and certainly not suggested a conference call. This thread has just been brought to our attention and I am perfectly happy to post a detailed response to both Liz’s article and some of the follow-up (as soon as I work out how to submit a longer piece).
With grateful thanks to Paul Biba of Teleread, my response on behalf of the International ISBN Agency is now posted as a separate article at:
http://www.teleread.com/2009/06/04/e-books-and-isbns-by-brian-green-executive-director-international-isbn-agency/