Privacy and Confidentiality
There is no right to privacy in English law but publishers should be aware of the case of Kaye v Robertson (1990). The editor and publisher of Sunday Sport had organised the photographing of Allo Allo TV star Gordon Kaye in his hospital bed without his knowledge or consent. He could not stop them publishing the photographs but the Court of Appeal allowed an application under the ancient wrong of 'malicious falsehood'. This prevented the newspaper from publishing anything which stated that he had agreed to having the pictures taken.
The lengthy and complicated series of cases involving Peter Wright's Spycatcher book also centred on the idea of breach of confidentiality. The European Court eventually ruled that the protection of the efficiency and reputation of MI5 was not sufficient reason in the national interest to justify court orders against newspapers publishing information.
Racial Hatred
The use of threatening, abusive or insulting words intended or likely to stir up racial hatred is a crime. Very few prosecutions have been brought. The consent of the Attorney-General is required but rarely granted.
Official Secrets
This can mean the communication of almost any information acquired by civil servants under section 2 of the Official Secrets Act 1911. The National Council for Civil Liberties points out that it is a crime for an official in the Ministry of Defence to disclose the colour of the lavatory paper.
In November 1997 a former MI6 officer was convicted under section 1 of the Official Secrets Act after he offered a synopsis of his book to a
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publishing firm. The synopsis contained details of training operations, sources and methods.
Freedom of Speech: the Legal Limitations
Does your book:
Possible legal difficulty
(a) Contain other people's work?
Breach of copyright
(b) Criticise other people?
Libel
(c) Attack the courts?
Contempt
(d) Contain hard core pornography?
Obscenity
(e) Attack Christianity?
Blasphemy
(f) Give away secrets?
Breach of confidentiality and/or Official Secrets
(g) Attack ethnic minorities?
Racial hatred
Checklist
1. Can you put your book through a word processor and produce suit- able copy for a typesetter?
2. Can you transfer your manuscript on to a 'disk' that is suitable for typesetting?
3. Are you sure that your book does not break the law?
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3
Preparing to Do Business
Publishing is not just a 'creative' process it involves a range of practical tasks and paperwork which need to be dealt with in a very businesslike way. This chapter will therefore consider the following:
keeping records
naming your business
producing business stationery
deciding the title of the book
sending out 'legal deposit' copies
obtaining an International Standard Book Number
keeping accounts
What Sort of Records Should I Keep?
'The strongest memory is weaker than the palest ink.'
From the start keep every piece of paper that comes in to your business and a copy of every piece that goes out. A desk diary is essential to keep records of daily correspondence and of future events.
Why good record-keeping is so important:
1. Misunderstandings and disputes can sometimes arise in business transactions. Clear and accurate records will help you resolve any disagreements, whether with suppliers, customers or anyone else.
2. It will save you time. An initial investment in time spent sorting and filing information in some kind of logical order will pay dividends as your publishing activity gathers momentum.
3. It will help you keep an eye on the main things you need to do, and avoid the risk of drowning in a sea of paperwork.
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Naming Your Business
Calling the business by your own name can be a selling point. You will be personally identifiable and this may generate interest in how you have gone about publishing your book.
Calling the business by a name ('imprint') other than your own may lead people to think your book was good enough to have had a commercial publisher issue it. The decision is yours and must be made early on for a variety of business reasons. The business name must be an original one and reference books in your local reference library of lists of publishers should be checked to ensure that the name you have chosen is not already in existence. Ask to see Whitakers' Directory of Book Publishers or Cassells Directory of Publishing (both annual publications). To have the same imprint as an existing publisher could cause immense confusion, particularly for bookshops ordering your book from computer read-outs.
Choosing a business name which has already been adopted by another publisher can also cause legal problems. In a recent case, a new publisher called itself 'Running Heads'. Many telephone and letter inquiries were sent in error to another well-established 'Running Heads' which refused to forward the inquiries and is considering legal action.
Preparing Business Stationery
Letter Heads
Letter heads could be printed showing your business name, address and telephone number. This can be a form of advertisement which will help to give your business a professional look. In Yellow Pages you will find a list of office stationery firms and it would be worthwhile shopping around to get the best deal. The amount of correspondence you will be involved in with the publishing of one book will not need a lot of writing paper.
Invoices
You will need some simple form of invoice to send with books you are supplying on credit (ie other than those prepaid). These invoices must be in duplicate so that you can keep a copy for reference purposes. The invoice should carry your business name, address and telephone number, although you could write by hand the relevant information as to copies ordered, price and so on.
Order some invoices early on so that they are ready for use before you offer the book for sale. This can then prevent delay when you receive your first orders.
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Fig. 4.
A simple business letter head with the basic essentials.
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Fig. 5.
Sample of a trade invoice.
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Office stationery suppliers will have quite a selection of invoices for you to look over. Order the best style that you can afford if you want to project a professional image.
Padded Envelopes
You will need a supply of these for direct mail orders and also orders from bookshops. You may need more than one size, depending on how many books are to go together. The envelope must be of good quality as it is annoying to the purchaser if a book arrives through the post damaged. This could result in a demand for a refund and affect further sales to the customer. A good quality envelope and books arriving in good condition will give your business a very professional look. You could get smart adhesive business address labels printed, to stick on the padded envelopes or Jiffy bags. See also Chapter Six on distribution.
Deciding the Title of the Book
You will have to decide the exact wording of the title early on if only for information for the various forms you will be filling in. A strong clear title can be a selling point and needs careful consideration particularly if the book has a local flavour. You can clarify the meaning of the title if needed by adding a subtitle, for example: 'Bright Memories: A Personal Account of Anytown in the War Years'.
Legal Deposit of New Boooks
'Do I have obligations to send copies of the book to libraries?' Yes, a copy of the book must, by law, be sent to the British Library at the following address:
Legal Deposit Office
The
British Library
Boston Spa
Wetherby
West Yorkshire LS23 7BY
Tel: (01937) 546612
Send a copy off as soon as the books arrive from the printers to avoid forgetting your legal obligations.
Copies should also be sent to the following University libraries:
The Bodleian Library, Oxford
The University Library, Cambridge
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The National Library of Scotland, Edinburgh
The Library of Trinity College, Dublin
The National Library of Wales
The above libraries are all entitled to a copy of your book and a request for them will come from an official agent. He is:
Mr A. T. Smail
Agent for the Copyright Libraries
100 Euston Street
London NW1 2HQ
Tel: (0171) 388 5061/380 0240/383 3540
Obtaining an International Standard Book Number
You will find an example of this number on the back cover of this book, by the barcode. In this case it is 1 85703 262 4. Such a number (ISBN) can be allocated to your book and is used as a unique reference number, particularly by trade purchasers of your book. An ISBN is not compulsory but it is very much in your interest to obtain one. It enables booksellers, libraries and readers worldwide to identify your book and place an order for it. The first few digits identify the publisher, and the last few digits the title of the book. You will need this number for the printer before he starts work on your book. This means that early organisation is essential.
Notifying Whitakers
You can get the number allocated on a cost-recovery basis by writing to or telephoning:
Whitaker's Standard Book Numbering Agency Ltd
12 Dyott Street
London WC1A 1DE
Tel: (08911) 32100
It is essential to make a decision on the title of your book before setting about this operation, so that you can fill in the ISBN application form when it arrives.
British Library Cataloguing in Publication Data
You will see this information on the front pages of many books (though not the one you are reading). It is a programme run by the British
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Fig. 6.
Request for legal deposit copies of a new book.
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Fig. 7.
Receipt for legal deposit copies of a new book.
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Fig. 8.
Allocation of an International Standard Book Number.
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Fig. 9.
Completing a Whitaker Book Information Form.
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Fig. 10.
Notes on Whitaker/CIP Book Information Forms.
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Fig. 10.
(contined).
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Fig. 11.
Notes on Whitaker Book Information/WHS Subscription Forms.
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Fig. 11.
(continued).
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Library to list books before publication and make details available to customers. It is not compulsory. You need to allow at least three months before the publication date.
The CIP:
creates a record about the book from information supplied by the publishers;
lists this record on databases and in the weekly printed British National Bibliography;
gets details of books to customers public libraries, universities, colleges, government departments, companies.
BRITISH LIBRARY CATALOGUING IN PUBLICATION DATA
Pearce, David
Blueprint for a green economy.
1. Great Britain. Environment. Pollution. Control measures. Economic aspects.
I. Title II. Marandya, Anil III. Barbier., Edward B.
IV. London Environment Economics Centre V. Great Britain.
Department of the Environment
338.4'76285'0941
ISBN 1-85383-066-6
BRITISH LIBRARY CATALOGUING IN PUBLICATION DATA
Research in education management and policy: retrospect and prospect.
1. Schools. Management
I. Saran, Rene II. Trafford, Vernon, 1938-371.2
ISBN 1-85000-726-8
ISBN 1-85000-727-6 pbk
Fig. 12.
Two examples of CIP data blocks.
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You should:
1. Supply accurate advance information about books.
2. Print an acknowledgement in the book, or the full CIP data block.
The acknowledgement should be worded as follows: 'A CIP catalogue record for this book is available from the British Library.' (See the front of the book you are reading for an example.)
Keeping Accounts
Income Tax
The best person to advise on income tax is an accountant. If the cost of consulting an accountant cannot be justified, then you will have to rely on your own research plus advice from the Inland Revenue.
The general rule is that all income must be declared, otherwise a criminal offence may be committed. In general tax is payable on any profits. Without going into the complexities of tax law, you should keep in an accessible form all documents concerning the financial affairs of the business. You should be entitled to deduction of any expenses incurred in the course of business, including stationery and printing, telephone calls, travel, postage, cost of running an office (a proportion of your normal household expenses) and professional advice. Entertainment expenses may not be allowable.
Value Added Tax
The dreaded VAT is a clever device whereby the government collects a tax without having to pay for the cost of collection. Collection costs are borne by the trader who registers for VAT. The tax is run by HM Customs and Excise. It must be treated very seriously. Remember that VAT inspectors have powers to search your office. The best advice is: avoid VAT if at all possible without breaking the rules. The typical small publisher will not have a turnover large enough (presently £49,000 pa) to attract VAT but the figures change frequently. VAT causes accounting and bookkeeping problems and a great deal of work. If in doubt seek advice from your local Customs and Excise office or from professional advisers. Assuming you do not register for VAT, you will have to pay VAT on typesetting and other costs if charged by VAT-registered suppliers.
Using an Accountant
Running your own small business involves making decisions on financial