October 22-23, 2012 | Wheaton College | Wheaton, IL
RIGHTS & LICENSING TRACK
Track Manager: Brian Flagler, Managing Partner, Flagler Law Group
SESSION: Best Practices and Standards for Rights Reporting and Tracking
David Marlin, co-chair of BISG’s Rights Committee and president of Metcomet Systems, will report on BISG’s effort to develop a standardized vocabulary and set of rights information to be shared between publishers and licensees, as well as industry-wide best practices for tracking rights contracts and royalties.
David Marlin co-founded MetaComet® Systems in February 2000. Beyond his expertise in helping businesses profit through improved rights and royalties management, David actively promotes enhancing the operational capabilities of the publishing world through his work with the Book Industry Study Group (BISG). He currently serves as co-chair of the BISG Rights Committee, which many in the industry believe will provide the foundation for publishing’s future growth. He previously founded and chaired BISG’s Digital Sales Reporting Committee. He is a regular speaker and contributor to industry events and symposia. Prior to founding MetaComet Systems, David spent 3 years as a technology consultant for publishers. Before that he spent several years managing large scale operational and marketing projects for American Express in New York. David earned both his MBA and BA from Columbia University.
SESSION: Don’t Get Trapped in the Amazon: Diversify Your Digital Content Licensing Strategy
Michael Covington, Director of Digital Content for David C Cook will lead a discussion on how Christian publishers can and should expand their thinking on digital content monetization and distribution. Craig Gipson from Flagler Law Group will identify important clauses to ensure your safety in the jungle of ebook distribution agreements and those that could leave you stuck in the quicksand.
While working as a book buyer for an independent Christian retailer in 1993, Michael Covington sold his first Christian book before he had ever read one. Nearly 20 years later, he is responsible for the digital publishing strategy at David C Cook, an international non-profit dedicated to publishing and distributing Christ-centered resources (books, music and curriculum) to the Church around the world. As a bookstore manager for nearly a decade (1998-2006), Michael oversaw every aspect of running the small business, including a relocation and expansion of the store located in New Mexico (and still in operation today). After his time as a retailer, Michael spent five years with the Evangelical Christian Publishers Association, responsible for all research-related initiatives, key strategic alliances and the development of ECPA’s educational programs. Today, Michael’s role as Director of Digital Content for David C Cook places him alongside the editorial, production and marketing teams for both the book and curriculum teams as they collectively create and implement strategies toward a future focused on the mobile Church.
Craig Gipson represents publishers and distributors of Christian media as an associate at Flagler Law Group in Sisters, Oregon. Before moving to the west coast, Craig practiced education and real estate law with Brackett & Ellis in Fort Worth, Texas. He graduated from The University of Texas and The University of Texas School of Law. He and his wife Jessie enjoy sports, outdoor activities, and cheering for the Texas Longhorns
SESSION: The Changing Role of the Rights Agent
This session will focus on practical tips for rights managers to increase revenue, negotiate contracts more efficiently, navigate licensing digital rights, articulate the value of rights within a publishing house, and other ideas to improve your rights licensing operation. Our panelists have experience licensing rights for a wide range of large and small ECPA publishers: Marilyn Gordon, Baker Publishing Group; Ellen Hsu, InterVarsity Press; Tom DeVries, Wm B Eerdmans Publishing, and Fred Rudy, F. J. Rudy and Associates. Moderated by Brian Flagler, Flagler Law Group.
Tom DeVries is the Subsidiary Rights Manager for Wm. B. Eerdmans Publishing Company, based in Grand Rapids, Michigan. He began working for Eerdmans in the warehouse while completing his MA from Calvin Theological Seminary, before moving into the brand-new, full-time Rights Manager position. In addition to Rights and Permissions he also works in numerous other areas including having worked with International Sales, and continuing to cover eCommerce and eBook Sales, as well as consulting on and writing author contracts.
Brian Flagler founded Flagler Law Group in the spring of 2006 to serve the legal needs of publishers, designers, producers, and distributors of Christian media. Before founding the firm, he served as vice president of administration & general counsel of Multnomah Publishers. Previously, Brian practiced intellectual property and corporate law in the Portland, Oregon office of Davis Wright Tremaine LLP, a leading international media firm. Prior to moving to the west coast, Brian practiced with Troutman Sanders LLP in Atlanta, Georgia and served as adjunct instructor of intellectual property law at Clayton College & State University. He holds a law degree from the University of Virginia School of Law.
Ellen Hsu is the Rights Manager at InterVarsity Press where she has worked with subsidiary rights since 1997. Ellen is also a board member for the Licensing and Subsidiary Rights Association.
Fred Rudy founded and now leads F. J. Rudy and Associates. Since 2003, F. J. Rudy and Associates has been providing expertise in international and subsidiary rights management . With more than 15 years in rights management and more that 25 years in business and ministry consulting and management, Fred has positioned the company to help clients establish and improve global outreach, rights marketing, promotion and management programs. Fred has helped some of the leading Christian publishers expand both domestically and internationally by negotiating and managing translation, electronic/digital, film, video, audio book, eBook, large print, merchandising and book club publishing rights.
SESSION: Doing Business Online: Legal Issues for Publishers
Many publishers are selling their print and digital books direct from their websites, and many more are considering stepping into this area. Martin Eisenstein of the Brann & Isaacson firm will walk through the tax, privacy, and other related legal issues that publishers must navigate when doing business direct to consumers through the web.
Martin I. Eisenstein provides advice and counsel to a wide variety of clients regarding interstate and international business legal issues, including direct marketers and other multi-state businesses. These issues include tax law, commercial transactions law, financing issues, strategic liaisons and partnerships, and promotional and other trade regulation issues. He also handles litigation regarding tax and trade regulation matters, including representation of amici curiae in the U.S. Supreme Court in important cases such as Quill v. North Dakota, 504 U.S. 298 (1992). Martin has spoken before various trade groups and the Maine State Bar Association, the New York Society of Certified Public Accountants, the International Mass Retailing Association, the Committee on State Taxation, the Promotional Marketing Association and the Direct Marketing Association. He is also the author of several publications regarding various tax topics that have appeared in State Tax Notes and the Journal of Multistate Taxation. Martin was selected by his peers for inclusion in New England Super Lawyers® (2007 – 2012) and in The Best Lawyers in America® (2007 – 2012) in the fields of Litigation & Controversy—Tax and Tax Law, and identified by Benchmark Litigation as a local litigation star in the field of Tax Litigation. Martin is a co-author of ‘Eyes on eCom Law,’ a blog that reports on legal developments of interest to direct marketers and online sellers. He also co-writes a blog for members of the American Catalog Mailers Association on tax and privacy issues.
SESSION: International Rights Panel
Experts from China, Brazil, and Germany will describe current market trends, the maturity and direction of their ebook market, hot-selling topics, and opportunities for U.S. publishers to consider in their market. Panelists will include Mark Carpenter, president of Editora Mundo Cristão in Brazil.
Mark Carpenter is chairman and CEO of Mundo Cristão, one of Brazil’s largest publishers of Christian books. He also serves as chairman of SmartBook/Nexo, a publishing house in Portugal, recently acquired by Mundo Cristão. Formerly an editor at Tyndale House, Mark was founding president of the Brazilian Association of Christian Publishers (ASEC). Mark also served as chairman of Media Associates International (Wheaton, IL), which provides training for publishers in developing countries, and has led workshops and seminars for writers and publishers in many international settings. Mark holds a BA from Bethel College, IN, and an MA from the Universidade de São Paulo. He has written children’s books for publishers in the US and Denmark, and a regular column on art and culture for Ultimato magazine. Mark is married with three grown children, and lives in São Paulo. Founded in 1965, Mundo Cristão has nearly tripled its annual revenue over the past three years, buoyed by Brazil’s dynamic economy, the growth of the national Evangelical church, and a strategy to distribute outside of conventional channels for religious books. As part of its mission to reach readers of Portuguese wherever in the world they might be, it has recently acquired SmartBook/Nexo (Lisbon, Portugal), a well-regarded publisher of business and self-help products now introducing a line of books written from a Christian worldview. An ECPA member, Mundo Cristão is an independent, nondenominational publisher, established as a not-for-profit organization under Brazilian law, and publishes Bibles and trade books.