5 Replies Latest reply: Jul 14, 2012 7:43 AM by MichiHenning
Multimedia guy Level 1 Level 1 (0 points)

I would like to clarify if it is OK to create an iBook photo/video album for potential wedding clients? I would give them the ibooks file ( via dvd or dropbox ) as a complimentary gift but I would also include my design rate for the time it took to create the iBook. Is this permitted?

And, if so could I promote this service as a "iBook weddings album" on my website without going through iBookstore? Or, does anyone have a workflow that honors Apples product and service without posting a clients personal business to the world via iBookstore?

 

Thanks for any insight!


iBooks Author , iOS 5.1.1, Wedding ibook
  • K T Level 7 Level 7 (23,700 points)

    See iBooks Author: Publishing and distribution FAQ - Support

     

    It's your content, basically. You can put it on your server(s) and any agreement$ otherwi$e are between you and your client($).

  • MichiHenning Level 4 Level 4 (1,350 points)

    From the iBooks Author: Publishing and distribution FAQ:

    If a fee is charged for the work and it is in the .ibooks format, the work may only be sold through the iBookstore. If the work is in a different format, such as PDF or ePub, this restriction does not apply.

    You cannot charge a fee for the book if you distribute it outside the iBookstore without being in violation of the IBA license.

     

    The question is whether giving the iBooks file away as a "complimentary gift" while charging at your "design rate for the time it took to create the iBook" would be considered as having sold a book that you are not distributing through the iBookstore.

     

    Using common sense, I doubt that Apple would object to this, seeing that a wedding book is of interest to only a very limited audience. Unfortuntely, common sense doesn't apply. What applies instead are the the license terms.

     

    I would take the IBA EULA to a lawyer and get an opinion, if you want to be on the safe side. Pragmatically, the cost of prosecuting you for a license violation will cost Apple far more than all the revenue you will ever make from wedding albums. But that hasn't stopped some organizations, such as RIAA, from prosecuting similar breaches. If you happen to be the unfortunate one Apple decide to make an example of, you might regret it…

     

    Michi.

  • K T Level 7 Level 7 (23,700 points)

    Remember, you're selling your services.... Apple can't complain if your book isn't part of a paid download scheme. Enjoy.

  • MichiHenning Level 4 Level 4 (1,350 points)

    K T wrote:

     

    See iBooks Author: Publishing and distribution FAQ - Support

     

    It's your content, basically. You can put it on your server(s) and any agreement$ otherwi$e are between you and your client($).

    I disagree with that. The contract state that a book produced with IBA and is sold must be sold throught the iBookstore. No ifs or buts.

     

    Whether Apple find out about someone giving an iBooks file on a CD or memory stick to someone else is a different matter. But the contract is clear on this point, and advertising that "you will get an iBook as part of the deal" could possibly be interpreted as having sold the book.

     

    Michi.

  • MichiHenning Level 4 Level 4 (1,350 points)

    K T wrote:

     

    Remember, you're selling your services.... Apple can't complain if your book isn't part of a paid download scheme. Enjoy.

    As far as the contract is concerned, Apple could indeed complain about the book being sold. What is being sold isn't just a service, but an item that was produced with IBA, and the IBA EULA prohibits sale of the book unless sold through the iBookstore.

     

    Michi.