Self-publishing involves a number of technical, legal, and industry related things with which you must familiarise yourself.

ISBN

You will find a barcode on the back of most books. Above it is an ISBN number – an International Standard Book Number. It is unique to each book and is used as a reference in the trade, enabling customers, book retailers and libraries to identify and order a copy if necessary.

You will need to have your ISBN number before you can print your book. (Most printers will generate the barcode for you from the ISBN number you provide.) You will need to fill in an application form for your ISBN number, and full details of applying for ISBNs are given on pages 181-190. Note that in order to fill out your form you will need to have made decisions about the book’s title, format, and length.

You can buy ISBNs in blocks of ten. At the time of writing these cost £75 plus VAT for a standard service. Your ten ISBNs will share a unique publisher’s prefix. It is not possible to obtain a single ISBN. To apply for your ISBN contact:

Nielsen BookData
3rd Floor
Midas House
62 Goldsworth Road
Woking
Surrey GU21 6LQ
Tel: 0870 777 8710
Email: info@nielsenbookdata.co.uk
www.nielsenbookdata.com

Note that ISBNs currently comprise of ten numbers. In January 2007 the industry is switching to 13-digit ISBNs. From August 2005 onwards anyone requesting an ISBN from the UK ISBN Agency (Nielsen BookData) will have been allocated ISBNs in both 10-digit and 13-digit format.

If you publish a book prior to January 2007 you may choose to use both ISBNs, the ISBN-10 and the ISBN-13, on the title-verso page of your book. However, you may only use the ISBN-10 above the barcode of your book up until January 2007. From January 2007 onwards you may only use the ISBN-13 above the barcode of your book. If you get confused, contact Nielsen BookData on isbn@nielsenbookdata.co.uk, or look up the ISBN website, www.isbn-international.org.

The ISBN agency also administers Nielsen BookScan (www.nielsenbookscan.co.uk), which is the international sales data monitoring and analysis service. Data is collected at the point of sale – directly from tills and dispatch systems – and collated into weekly top seller charts and other statistics. Nielsen BookScan also operates in America, Australia and Ireland, following the move to standardise various sales data monitoring systems in 2002.

BRITISH LIBRARY CATALOGUING

The British Library lists books prior to their publication date, making information available to their customers both on their databases and in the weekly publication British National Bibliography. It is called the CIP – Cataloguing in Publication.

The CIP programme is a means of alerting libraries of new book titles. The CIP programme is administered by Bibliographic Data Services Limited (BDS). You need to provide information to BDS at least four months prior to your publication date. It is free of charge to participate in the programme. You should print an acknowledgement in your book’s front matter. This is usually worded‘A CIP catalogue record for this book is available from the British Library’. For more information contact:

Bibliographic Data Services Limited
Publisher Liaison Department
Annadale House
The Crichton
Bankend Road
Dumfries DG1 4TA
Tel: 01387 702251
Email: info@bibdsl.co.uk.

BRITISH LIBRARY BOOK DEPOSITS

You are required by law to send a copy of all books you publish to the British Library. Send a copy to:

Legal Deposit Office
The British Library
Boston Spa
Wetherby
West Yorkshire
LS23 7BY
Tel: 01937 546612

The following libraries are also entitled to a copy. The Bodleian Library, Oxford; The University Library, Cambridge; The National Library of Scotland, Edinburgh; The Library of Trinity College, Dublin; The National Library of Wales. Send five copies to their agent:

Agent for Copyright Libraries
100 Euston Street
London
NW1 2HQ
Tel: 020 7388 5061

BOOK INDUSTRY CLASSIFICATIONS

For detailed information on standardised industry classifications visit the Book Industry Communication website on www.bic.org.uk. Book Industry Communication is an independent organisation part-funded by the Publishers Association, the Booksellers Association, the Chartered Institute of Library and Information Professionals, and the British Library. It promotes the application of standard processes, such as classification, and increased efficiency in the book supply chain.

The following list shows the standard subject headings used in book classification. Within each subject there are numerous subheadings and further levels of details. For example, under Standard Subject A, The Arts, you will find:

AC HISTORY OF ART/ART & DESIGN STYLES

ACK History of Art

ACKM Medieval Art

ACKM2 Gothic Art.

So if your book is about Gothic Art, its general book industry classification is AC and its detailed classification is ACKM2. You can download the full list of the website.

If your book is a children’s book you will also need to allocate a marketing category. This is indicated by choosing only one value from each of the five sections below.

Interest level – the age range for which the book is intended
0-5 years	A
5-7 years	B
7-9 years	C
9-11 years	D
12+ years	E
Broad subject broad subject area
Poetry and Plays/Songs and Music	1
Home/Early learning	2
Fiction	3
Reference	4
Non-fiction	5
Type/format
Electronic	F
Annual	G
Treasury/Gift anthology	H
Novelty book	J
Board/Bath/Rag book	K
Activity book	L
Picture book	M
Ordinary printed book	N
Stationery/merchandise	P
Character – whether the book features an established children’s character (e.g. Bob the Builder)
Character	6
Non-character	7
Tie-in
TV/Film tie-in	8
Non tie-in	9

For example, a marketing category D3N79 would tell book buyers and booksellers that the book is for ages 9-11 years, a work of fiction, in an ordinary printed book format, and is neither a character or TV/film tie-in.

COPYRIGHT

Under The Copyright Act 1988 it is an infringement to quote a‘substantial part’ of a copyright work without permission. The Act

does not define what is meant by a‘substantial part’ but legal precedents indicate that the nature of the part quoted – its value to the user for example – are taken into account as well as the length.

You may quote work for the purposes of review or criticism (known as‘fair dealing’) providing they are acknowledged, but again, there is no definition as to the extent of fair dealing allowed. If you intend to quote other people’s work it would be advisable to seek legal clarification before you publish your book.

If you want to seek permission to use an extract from someone else’s work, write to the publishers of the first edition of the book. Address your correspondence to the permissions department. If you’re trying to trace rights holders, try one of the following websites:

WATCH (Writers artists and their copyright holders):

www.watch-file.com Association of Authors’ Agents: www.agentsassoc.co.uk Authors’ Licensing and Collecting Society: www.alcs.co.uk

The Society of Authors publishes a series of Quick Guides on permissions, copyright, and moral rights, which can be purchased by non-members.

The Society of Authors
84 Drayton Gardens
London
SW10 9SB
Tel: 020 7373 6642
www.societyofauthors.org

Moral rights

Under the Copyright Act 1988 authors are conferred three moral rights:

• The right of paternity is the right of an author to be identified whenever a work is published, performed or broadcast.
• The right of integrity is the right of an author to object to‘derogatory’ treatment of a work, i.e. if it is distorted or altered in a way that is prejudicial to the honour or reputation of the author.
• The right not to have work falsely attributed to you.

The right of integrity is automatic but the right of paternity must be asserted. This is why you will find an‘assertion’ printed on the title verso page of books, usually under the copyright line. You must put the same assertion in every book you publish. For example:

The Author asserts his/her moral right to be identified as the author of the work.

You should also include the following statement on your title verso page:

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the publishers.

The Authors’ Licensing and Collecting Society (ALCS)

The ALCS is a non-profit company that manages the UK collective rights for writers. It aims to ensure that writers are fairly compensated when their works are copied here or abroad. Any published author could have some funds held for them by the ALCS. Visit their website for further details:

ALCS
14-18 Holborn
London EC IN 2LE
Tel: 020 7395 0600
Email: alcs@alcs.co.uk
www.alcs.co.uk

LIBEL

There are three forms of defamation:

• civil libel
• criminal libel
• slander.

Criminal libel is extremely rare, and slander refers to spoken rather than written defamatory comments, so the key libel of concern to writers is civil libel.

A defamatory comment must be made against an identifiable living person or a company still trading. (It’s not possible to libel a dead person, unless the nature of the defamatory comment can be viewed as applicable – i.e. defamatory – to a living descendant of the dead person.) A defamatory comment effectively attacks the good name and reputation of a person or company. It may expose that person or company to‘hatred, ridicule or contempt’.

The writer’s intention is irrelevant to a libel argument. To make a claim, a person (claimant) must prove that a defamatory comment will be understood to refer to him or her. Under the Defamation Act 1996 an author can make‘an offer of amends’ when they have unintentionally libelled. This offer will include a correction of the defamatory statement and a written apology. Damages may sometimes be paid.

There are defences an author can use against libel. The most relevant ones are:

• Justification. This means that you can prove that the defamatory statement is true in substance and fact. You will need documentary evidence. (NB. The reporting of defamatory allegations by others, e.g., in the press, does not amount to documentary evidence.)
• Fair comment. This is when you can prove that the statement made is a fair comment on a matter of public interest. You must not have acted in malice or spitefulness.

Libel is an inherently complex legal matter that I am not qualified to cover in sufficient detail. If you believe your book may expose you to libel proceedings in any way then clearly you should seek legal advice.

A quick guide on libel can be purchased from The Society of Authors. The Society can also advise of insurers who offer libel insurance. There are different types of libel insurance on offer, and individual policies can be expensive. The Society of Authors has also arranged a professional indemnity insurance scheme for authors, with insurance brokers Tolson Messanger. Premiums start at less than £200 per annum. (Email: enquiries ©tolsonmes-sanger.co.uk)

Finally, use your common sense when writing your book and eliminate potential controversy. For an extreme example, if your novel is set in a real-life village, and one of your characters is a corrupt policeman named Bob Smith, you should check in the phone book or with the local police that a real policeman called Bob Smith doesn’t exist! Sometimes the world can be filled with scary coincidences, so don’t be fooled into thinking such checks aren’t necessary.

PUBLIC LENDING RIGHTS

Public Lending Rights (PLR) is the scheme through which authors are paid a small fee each time their book is borrowed from a public library. Applications should be made by June and payment will be made the following February. There is a maximum payment of £6,000 per year. If your PLR earnings are calculated to be less than £5 per year, no payment will be made. For an application form contact the Public Lending Right Office, or download it from their website:

Public Lending Right Office
Tel. 01642 604699
www.plr.co.uk

WHEN TO PUBLISH

The Bookseller is the key trade publication in the UK. It is a weekly publication that is read by publishers and book retailers. It also produces the main Buyers’ Guides – guides listing books about to be published – which are used not only by book retailers, but library and educational buyers.

If you are approaching your self-publishing with an aim to sell your books commercially via established industry channels, you should use The Bookseller to familiarise yourself with key dates in the UK publishing year. (It is available in the periodicals section of all main libraries.)

A summary of the 2005 publishing calendar, for example, is:

JANUARY	The Spring Buyers’ Guide and Spring Children’s Buyers’ Guide released (which features all new books to be published from January to June of the current year. Deadline for advertising was November of the previous year). Title information for‘Summer Reads’ features required.
MARCH	London Book Fair.
	Reviews of‘Summer Reads’.
	Deadline for advertising in Independent Publishers Catalogue.
APRIL	Independent Publishers Catalogue released.
MAY	Deadline for Back To School Bookseller –- featuring forthcoming titles for the school market. Deadline for advertising in Autumn Buyers’ Guide and Children’s Buyers’ Guide.
JUNE	Back To School Bookseller released.
JULY	Autumn Buyers’ Guide and Autumn Children’s Buyers’ Guide released, covering all new books to be published July to December.
	Travel Bookseller Supplement released, featuring new books to be published August to January. Advertising deadline start of month.
AUGUST	Children’s Bookseller Supplement released, covering new books to be published August to February. Advertising deadline start of month.
SEPTEMBER	Independent Publishers Catalogue released – advertising deadline start of month.
OCTOBER	Frankfurt Book Fair.
NOVEMBER	Advertising deadline for next spring’s Buyers’ Guide and Children’s Buyers’ Guide.

I have included The Bookseller schedule to highlight the considerable lead-in time to your publication date you require if you want to organise pre-publication publicity.

Consider:

• Does it leave you enough time to plan pre-publication publicity and meet the schedules laid down by industry stalwarts such as The Bookseller?
• Does your publication date relate to any obvious time of the year on which the subject matter focuses? For example, if you’re publishing a book of Christmas recipes, it needs to be launched for the Christmas market, which is not December, but October (at the latest!). If your book relates to Halloween, Easter, or the summer holidays, you should choose a publication date that allows you maximum promotional opportunity. Quite obviously, you aren’t going to get much press coverage if you launch a Halloween book in June.
• Think laterally about your subject matter. If your book is about slugs and of interest to gardeners, launch it in spring when gardeners are feeling most inspired. You may have noticed that a scourge of health and diet books is published in January, to tap into our post-Christmas sense of gluttony. Fiction books aimed at the airport and beach reading market are published at the start of the summer holiday season. If your book is about local history, perhaps you could launch it on the anniversary of a relevant historical event. And so on.

WHAT’S IN A NAME?

Your publishing name should be different from your own name or pen name. This will make your business administration easier and give your enterprise a more professional edge. It is not necessary to establish a registered company, though if you are planning to risk significant sums of money it is advisable to establish a limited company so financial risk can be separated as much as possible from your personal finances.

Another option is to become a sole trader, which is the option I chose. My self-published books are published by HBI Publishing. This is not a registered company; it is me, the author, trading as a sole proprietor of a business. I have a trading account in the name of HBI Publishing with my bank. It is all very simple and suits me fine, but of course you might want or need a different business arrangement. Talk the options through with your own accountant to decide the business set up that is right for you.

What you call your publishing business is, of course, a matter of personal choice. Note that some words can’t be used in business names without permission (’Royal’ or‘Bank’ for example – let your common sense prevail!). You may chose a publishing name that has an obvious relationship to the name or subject area of your book, or, like me, you could chose something completely off-the-wall. (The initials in HBI Publishing stand for Hair-Brained-Ideas...)

For basic advice on business start-up options contact your nearest Business Link (www.businesslink.gov.uk) – a government funded service that dispenses a vast array of normally free advice. They can also advise on any enterprise grants you might be eligible for.

These vary depending on the region you live in. There is a network of local Business Link advice centres across the UK.

CONTRACTS

As a self-publisher your dealings will not be free of contracts. If you are using professional help – artists, proofreaders, designers etc. – you should consider agreeing a contract to cover points such as:

• a clear description of the work due
• due date of delivery of work
• payment stages
• who retains the copyright of work done (e.g. if you have an artist prepare illustrations for you).

It also goes without saying that in all other business dealings, whether it be agreeing an order with a printer, or placing a display advertisement in a newspaper, you should request a written confirmation of your business transaction. Remember that a contract can be a one-page letter.

Standard publishing contracts, issued between a publisher and its authors, are vast and confusing to newcomers to the industry. As a self-published author you clearly needn’t issue yourself a contract. However, if your self-publishing venture is successful, and in time includes the selling of subsidiary rights to third parties, you will be required to sign a contract. Seek help before you sign it. The Society of Authors offers advice free of charge to members. A detailed reference book is available in Understanding Publishers’ Contracts (second edition) by Michael Legat (Robert Hale, 2002).