My publisher recently received a notice from Amazon suggesting the idea of giving away copies of my two books, Amalfi Blue and Shrouded in Pompei. Amazon’s angle was to increase sales and allow me to promote my books across social media platforms. No purchase was necessary by the entrant and it’s not really clear who was paying for the cost of the prizes. Certainly, I was not going to receive money if nothing was being sold.
OK, the free giveaway sounds good so far, right? Wrong. If it sounds too good to be true, it generally is! Lucky for me, I happen to be a really good lawyer and cherish my creative copyrights because the red siren of doom sounded as soon as I read the fine print in Amazon’s Giveaway Services Agreement.
To the uninitiated laymen…you’re screwed if you use Amazon’s Giveaway…in my humble opinion. Look at the Definitions section. Amazon defines “Your Material” as “all Technology, Your Trademarks, Content, information, data, photographs, images, videos and other materials and items provided or made available by you or your Affiliates to Amazon or its Affiliates.”
Then scroll up to Paragraph 5 and check what type of license you are granting to Amazon:
“You grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, excerpt, analyze, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of Your Materials, and to sublicense the foregoing rights; provided that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a license from you or your Affiliates under applicable Law (e.g., fair use under United States copyright law, referential use under trademark law, or valid license from a third party).”
So why does this scream – “put on the brakes?”
- Royalty free – that means they don’t have to pay you to use your creative material or content.
- Create derivative works – that means they can make a movie or merchandise your characters when the book is a bestseller…again without paying you any royalties.
- Sublicense the foregoing rights – that means they can sell your rights, now their rights, to any third party
It amazes me how Amazon continually tries to exploit independent authors who have become the lifeblood of their Kindle revenue stream. Writers, always, always read the fine print of any Terms & Conditions before signing up for anything that sounds just too good to be true. You risk giving away your intellectual property rights for a free book giveaway!