Now restrict the shipping to India only

We have been shipping the books internationally and this is very convenient for most of our authors and readers.

However, in certain circumstances, authors need to be able to restrict the shipping from Pothi.com to India. It generally happens in one of the two cases

  • The rights of the book for outside India are with someone else and hence the authors can not sell their books published through Pothi.com there.
  • The author wants to introduce a low price version specifically for Indian market.

So, we have recently pushed out this feature where you can specify if you want your books to be shipped only within India. If Pothi.com is the only place you have published your book at, you probably do not need to bother about it. But if your case is either of the two mentioned above, you can use this feature. Log in to your account, go to your book page and click on edit link. Under the field “This book can ship to”, select “Only India” and save the book. Now, this book will not be shipped to any location outside India.

Even more power to our authors! 🙂

Copyright O’ Copyright! (Part II)

You may want to read the first part on this topic before reading this one: Copyright O’ Copyright (Part I)

In the previous post, we have seen what copyright and copyright law mean to an author. Now let us look at some of the common queries people have in mind.

Should I register a copyright?

As mentioned in the previous post

  • Copyright registration is optional. Copyright comes into existence as soon as the work is penned down. Whether or not copyright has been registered, the protection under copyright law in available.
  • Registration is a prima facie evidence in case of a dispute, but it does not guarantee that the dispute will always be in your favour.

Give the above, there isn’t a strong case for registering copyright. However, if you have either the time for paperwork or the money for an Intellectual Property (IP) lawyer to do the work on your behalf and you absolutely want to do everything in your power to protect your copyright, you can go for registration. If you are doing in yourself, the details are available on Copyright Office’s website. Otherwise you may want to contact a local IP lawyer. Typically you may have to spend upwards of Rs. 10,000 for a lawyer’s services.

Is it necessary to register a copyright before publishing a book?

No. The copyright protection comes into affect as soon as you have penned down the work. Hence, it is not necessary to register a copyright.

Is it necessary to register a copyright before publishing a book on Pothi.com?

No

But wouldn’t it be a proof that the book is indeed mine?

Not really. Copyright office does not go around scouting for whether the work has been written/published by anyone else originally. They only give around 30 days for someone to raise objection and then go ahead with registration process. That is hardly a guarantee that only original work passes the process. In fact, it is probably for the same reason that in a court case, a copyright registration is not a conclusive proof and other proofs can actually take the decision of the court against the registration.

Would the name of my book be protected under copyright?

No, title, sub-title, short phrases would not generally be covered under copyright.

If there is a book already published under a name and I give the same name to my book, would I be violating somebody’s copyright?

In general, the name of the book is not protected by copyright and if you browse through a book store, you will see several books with the same name, especially non-fiction ones. So, just because a book with the same name has been published earlier, does not mean that your book can’t have the name.

But you should keep in mind that the name could be trademarked (especially famous ones) and if that is the case, it should not be used without proper permissions.

Also, you should avoid using the names of famous books. Because it not only about copyrights or trademarks all the time. Other laws also have to be taken in to account. If you use a very famous name or refer to a very famous name somehow, the originator of that name may sue you for trying to mislead people. Copyright may or may not have been violated, but consumer protection laws may come in to play!

So, the safe thing to do is not to bother too much about the name being used earlier, but definitely stand clear off the famous ones.

Somebody told me I should not use content from Internet. It will be a violation of copyright. Why? Aren’t they in public domain?

No. Public availability of content does not mean it is in public domain. Unless some content is clearly declared to be in public domain, you should assume that you can not use it without permission. A lot of content is available on the Internet, where the copyright and licensing information may not be available. In such cases, make it a point to get proper permission from the content owner to reproduce the content or use it in other ways. If you can’t get the permission, do not use it.

I have used images from the Internet in my book. Is that a problem?

Most likely it IS a problem. Like with written content, just because images are available publicly, it does not mean that they can be used freely by anyone. You must check the licensing information or get explicit permission from the owner before using images from Internet.

I have an ISBN for my book? Does it mean my copyright is protected?

This is a surprisingly common confusion people have. So, to clarify, ISBN has nothing to do with copyright. ISBN is only a cataloging system for books and it makes no statement whatsoever about copyright. Your literary work is protected by copyright laws irrespective of whether or not your book has an ISBN. If you want to register a copyright, you can do so, but getting an ISBN is not equivalent to registering a copyright.

Where do I read more about the copyright and related laws in India?

Copyright office has a fairly comprehensive website. While reading through the laws and rules might be infeasible for normal mortals (read non-lawyers), the handbook of copyright law explains things in a language that can be followed even by the novices.

Copyright O’ Copyright! (Part I)

I consider myself fairly good with spotting patterns and categorizing things. But the number of angles from which people can get confused about the copyrights confounds me. In general, it is not possible to give a quick, short, satisfying answer to copyright related queries. Because this is after all a legal issue and “if”s and “but”s are endless before you can make any statement.

So, if you have a query about copyright, I request you to read this blog post (and others to come on this) first, even if it is slightly longish and even if it does not come to the point you have in mind immediately. Because most likely, your point has to come through several “if”s and “but”s!

Since we are touching on a legal topic – a big and important disclaimer. This article is not written by a qualified legal expert. This is just our understanding of the copyright issues and should not be taken as a legal advice. If copyright questions are really worrying you, you should consult an Intellectual Property lawyer. Also, all the circumstances, examples, cases used in the article are completely hypothetical – and work of imagination. They may or may not stand a proper legal scrutiny. They are mentioned just to illustrate the idea and are not supposed to be actual legal cases.

So now, on to the real stuff.

A big nuance of law in general

Before we start on the copyright relates issues, there is something about law in general that we need to understand. There are always two aspects of law. One aspect talks about what should happen. The other governs, how do you go about enforcing that law. For simplicity let’s call them the theoretical and practical aspects of the law.And “theoretical” and “practical” should not be taken in the sense that “theoretical” is just that – the theory and “practical” is the main thing. No! Its just a nomenclature and does not carry any such loaded meaning.

  • Theoretical aspect will talk about what should happen. If X has murdered Y under ABC circumstances, then X should be punished with a life imprisonment. That’s what the theoretical law says.
  • Practical aspect is concerned with ascertaining what actually happened and which part of theoretical law is applicable. Did Y get murdered or did Y commit suicide? If it was indeed a murder, was it X who did it. If so, was X provoked in any way or did X do it for self defense and so on… How will these things be ascertained? Based on evidences. So, the law will say that a postmortem report from a government hospital can be an evidence to ascertain what was the cause of death and whether it is more likely to be a murder or a suicide. The law can say that the weapon of death being found in X’s house is not an evidence enough for claiming that X is the murderer and so on.

So, given the practical aspects of the law, whether or not the theoretical aspect gets observed in the end can never be predicted in advance. If in reality X was murdered under ABC circumstances, then he should have gotten life imprisonment. But with all the evidences and other nittigritties related to ascertaining the situation, it is a possibility that X gets away free because the circumstances could not be ascertained definitely. There is also a chance that X was not really guilty, but evidences got framed up in a way that he was punished.

Depressing as it may sound, it is a reality. The law is after all a human system and can not be fool-proof. (However, to practically compensate for that, most modern laws – specially criminal laws – follow the principle of letting the accused go if there is even the slightest doubt about the crime. Let go of a thousand guilty people to save even one innocent person).

The outcome of civil and business related legal conflicts are usually less fatal to individuals (we are normally not talking about murders and violence here). But the theoretical and practical aspects of the law are still there. So, the theoretical law may say that if company X has violated the patent of company Y, then they should compensate for the losses incurred and immediately pull their product out from the market. But the practical law has to go through the exercise of ascertaining a bunch of things here. Did Y have that patent? Has the patent really been violated? If so, how do we calculate the losses incurred (different parties would definitely have different calculations!)? What would pulling the product out mean? Can company X provide support to their existing customers and charge for it? Or would the customer also have to suffer? And so on…

Apart from unpredictability caused by the practical aspect of the law, there might be issues in the theoretical aspect of the law too. There may be laws that contradict with each other (legal systems are vast, complicated human systems, after all). Law may be vague about certain definitions. Certain concepts may just elude strict definitions and law has to depend on its interpreter to take a call on those. So, unpredictability reins all through!

The same nuance for copyright law

Similar situation exists for the copyright law as well. Law says certain things about what is copyright, in what circumstances is it violated, what is the punishment for violating the copyright and so on.

But if there is a practical conflict, the outcome can not predicted because the process of ascertaining the claims is not predictable. Just like in the murder case example taken earlier, someone might actually have violated the copyright and may still get away with it because the court could not ascertain whether or not the copyright belonged to the other person in the first place!

We should look at the remaining discussion, keeping the above in mind.

But let’s not be overly pessimistic. While the outcome is not quite predictable in case of an actual conflict, it does not mean that totally arbitrary things can happen to us. If we understand the important aspects of the law correctly, and follow some good practices, we should be fairly safe on copyright grounds.

The theoretical part of the copyright law

  • Copyright in actually a bundle of rights given to the creator of creative work – normally the works of literature, art, drama, music etc. The bundle of rights include things like right of reproduction, right of adaptation, right of translation etc. Given Pothi.com’s business, we will restrict our discussions to the copyright of literary works (computer code is also treated as literary work for the purpose of copyright, but we’d not include that in our discussions).
  • The copyright law grants certain protection to the owner of copyright. Typically for literary work, it means that all the rights from the bundle can not be exercised by anyone other than the copyright owner, unless there is an explicit permission or a right transfer has happened.
  • There is a provision for registering the copyright. However, it is not necessary to register the copyright to claim protection under it. Copyright and protection under copyright law comes into existence as soon as the work is penned down. Registration is optional. Registration serves as prima facie evidence, if there is a dispute in court. This means that it can be basis to file the case, but it does not mean conclusively that the case will be decided in favour of the person having registration. The other party can present other proofs, which can put the case in their favour.
  • In Indian copyright law, the copyright protection for literary work is available for up to 60-year period counted from the year following the death of the author. If the publication is done anonymously or with a pseudonym, the protection is available for 60 years from the date of publication.
  • Copyright mostly works like any other property you own. You can assign a copyright to someone else in a lifetime, you can assign it to someone starting from a future date (like after your death). If there is no explicit assignment, then like any other property, the copyright passes on to your legal heir after your death.
  • You can assign individual rights from the bundle of rights copyright law protects to other people/organizations while keeping the remaining with you. So for an English work of yours, you can give Spanish translation rights to one company, Hindi translation rights to a relative of yours and movie adaptation rights to a bollywood producer. The remaining rights will still remain with you. None of these assignments will entitle them to print and sell the copies of your original work.

Practical Parts to remember

  • Recall the theoretical and practical aspects of the law and apply it here. The law grants the protection, but that does not mean that someone who wants to, will not be able to violate your copyright. They may violate it and you have to keep track of them and take the legal recourse, if they don’t agree to stop the violation. Once the case starts, you will have to go through the process of proving that the copyright was yours and it was violated. You will have to produce evidence to this effect and so on. The outcome is not completely predictable.
  • The law does not say that any government body will actively monitor copyright violation irrespective of whether or not you have registered the copyright. That is something you will have to do on your own. There is no copyright police anywhere to actively monitor and stop illegal copyright violations!

In the next blog post on copyrights, we’d get into some of the practical things a self publishing author should look for while dealing with copyright issues.

Changes pushed to Pothi.com’s publishing platform

Continuing with our aim of moving towards a Do it Yourself platform, we have pushed some more changes to our system. There won’t be too many visible changes in user experience. But you will find that the Book Submission form appears slightly different.

While submitting the form you only need to mention the production options (size, paper type etc.) and some basic information about the book which can’t be changed later (book language and category). After the submission, the book files (interior and cover) are checked for technical suitability. This checking has now been semi-automated. The only impact this will have on book submission experience is that our turn around time will be faster. Once the files pass the technical review, you will receive a mail with instructions to enter book details like “About the Book”, “About the author” etc.

While entering the book details, you can also choose whether to publish your book for public listing or keep it private for only your use. This setting can be changed any time. So, you can keep the book private initially, order a copy for ensuring that it has turned out all right in print and then go back and make it public. This is something that many of our authors wanted to do, but the process was tedious since they had to ask us to make the book public or private. So with the ability to do it on their own anytime, more power to our authors!

Keep writing and keep watching this blog for further updates.

My Talk at SIBM

There has been a lull on this blog recently. We were a bit overwhelmed with pending and new work after Delhi World Book Fair. But we are back in control now. And this blog will see better activity from now on.

Recently we were invited for an event called “Tete-a-Tete” at Symbiosis Institute of Business Management (SIBM) Bangalore, where entrepreneurs were supposed to share their story. Since it was an MBA institute, we decided to share my story. I am reproducing here an approximate transcript of the talk. Being a talk, it is written to be spoken and hence is not very reading-friendly. So, some patience may be required and grammar would definitely have gone haywire! But still…

A very good afternoon everyone.

Rahul (previous speaker) has already cracked the joke about everyone being sleepy in the afternoon after a good lunch. I think he has woken some of you up and made my taks easier.

So, let me start by saying thanks on my as well as Abhaya’s behalf to the organizers for giving us the opportunity to be here. It always feels great to be back in a campus. Somehow, we can never grow out of our nostalgic feelings about student life – it seems.

Anyway. So, when I asked Bikash, who had called me up and asked me to come here, about the idea behind the session, he gave me a funky phrase – “From MNC to MNC” – From multinational company to “Meri nayi company”. Very catchy I must say. So, I will share with you all, my entreprenurial journey into this second MNC.

I will focus my talk on the experiences that led me in to entrepreneurship, rather than the part about running the company itself. I hope that it is of some value to the students here, who have to make some important decisions about their careers as they graduate from the institute. If you have questions about the entrepreneurial experiences themselves, I’d happy to share them afterwards during interaction with the audience.

As a background, just a little bit about our company. Pothi.com is a print on demand backed publishing platform. Individuals and organizations can use it to publish their books in print at little or no upfront investment. Our aim is to make publishing accessible to all. We intend to achieve this by breaking the informational, operational and financial barriers involved in publishing. What these are and how we address them is something I will skip here. But if anyone has queries, we’d be happy to address them later.

About ourselves, the founders of the company – starting from the conventional Undergraduate education, both me and Abhaya did our B. Tech. from IIT Kanpur in Computer Science. Abhaya then worked for Media Lab Asia and a start-up before going to the US for higher studies in Language Technologies. He came back after his MS to work full time on Pothi.com.

I did what, probably more people in a B-School will identify with. I went to IIM Lucknow immediately after my B. Tech. to do my MBA. 20 months after that, I opted out of placements, worked in a start-up in Bangalore as product manager, then moved to Google India – again in a product management role. After working for over a year at Google I left to work full time on Pothi.com.

So – why this switch from MNC to MNC? For that we have to go back a little more. I grew up in a typical Indian middle class situation, where your career choice gets dictated by a well defined decision tree. If you are serious about your career, then you choose to focus on Sciences. If you are good at Biology, you try to go for medicine. If you are good at Maths, then you try to go for engineering. If you are good at both and are disciplined enough to manage it in your +2, then you try your hands at both medicine and engineering and hope for the best. If you are a girl, then you give preference to studying Biology and go for medicine, except when you absolutely can not stand Biology as was the case with me. In which case you try to go for engineering.

Then, after the result of your entrance exams are out, your future again gets decided by a decision tree. If you are in top 200 in JEE, you will get computer science somewhere or the other, next is electronics/electrical, mecahnical and so on. You know what you should aim for and what you would get.

In this entire situation, somebody else has already decided what you should try to get. Its actually quite convenient, but nowhere, does anyone ask what is it that you want to get. In fact, it is such an ignored question that untill I got into IIT, I had never asked this question to myself – what is it that I want to get and if I have any clue at all about that, have I spent even slightest of my time and energy in getting that.

Fortunately, at some point of time during my undergraduate years, I started asking that question and there was one obvious realization and another scary one. The obvious realization was that I had not done much in that direction till then.

The second and the scary realization was that it was not easy to live with that question, nor was it easy to answer it. Once you decide to not live by the decision tree and try to find your own calling, you are leaving behind the world of well structured ambitions and are stepping into a world of endless confusions.

One, it is not at all easy to find out what you want in life.

Then, even if you have figured out or decided to believe that “X” is what you want to get in life – the journey towards that “X” will not be easy. Your past of decision trees will hound you, the expectations of your society and family will bow you down and your own skills or will power will fail you.

Despite all the scary things, this is a path you can not go back from. Because despite all the scary things, it is just a more satisfying path than the decision tree.

Before I start to sound like a Guru talking about abstract things, let me get back to my actual experiences.

So, during my undergraduate years, I considered several thing I could do to find my calling. The options considered included, at different points of time of course, going for Civil Services – to bring a change in the society, shifting to basic sciences from Computer Science – I even did a summer project at IISc Bangalore in a Chemistry laboratory, took a lot of Physics courses and seriously considered and then gave up on the idea of switching to Physics dept., briefly also thought about becoming a writer, actively participated in the business club and business plan competitions in the campus, thought about an MBA, about entrepreneurship, about traveling around the world somehow and others that I have forgotten now.

Honestly, at the end of four years, I was still not sorted out. Only thing I knew was that I did not want to do programming, which was the only thing I was trained in. I was inclined towards entrepreneurship, but did not have an idea to start on. So, MBA seemed like the best choice at that point of time. After all, if I am going to do business – it would be good to do a Masters in Business administration, right? Plus because I had been active in things beyond academics, had been in students’ senate and a bunch of hobby clubs, even led a protest against the administration – people told me I had leadership skills and MBA was the way for me to go.

Had a call from IIML, took it up and thought that I was sorted out for another 20 months at least and hopefully, I would have some answers at the end of this period.

But that wasn’t going to happen. In Business School, there was again a rigid decision tree you were supposed to follow. Even a finger you lifted was guided was whether or not it gives you a CV point. Anything you participate in had only one motive – a CV point. Even the career choice had the hierarchy and classes defined. Engineers and batch toppers do finance or strategy consulting. Next on the list is Sales and Marketing. Then follows IT and others…. The exact hierarchy is probably different from campus to campus and from time to time. But you get the idea, right?

So – a lot of energy went into fighting off the “expected behaviour”, saying “no” to things, which I did not want to do even if it added an excellent CV point, doing things I wanted to do – like attending classes – even if it did nothing to make my CV look glamorous and saying no to a finance career – despite being an engineer and the batch topper.

But the bigger question was “what to do about the career”! I had done some marketing courses even at IIT Kanpur. I liked them – so I thought marketing was the way to go. That was until I did the summer internship at a major soft drinks brand. And I could not help wondering why on earth would I want people to drink more cola! Apart from the philosophical questions, the realities of the nature of work a bright, young MBA will do there did not appeal to me. 3 terms and a summer internship later at the Business School – I was clueless again! Consulting seemed like one option I was still interested in. In fact, for quite sometime I seriously believed that I was cut out for that. But like I did not choose other things, consulting did not choose me. I was very, very disappointed. Although, in retrospect that was one of the best things to have happened to my career. I did not realize it then, but I am grateful that the recruiters realized – that I wasn’t cut out for consulting.

In the latter days of my second year at the B-school, life was coming to 3/4th of a circle, if not full. I had started realizing that I actually liked technology. I did not want to do programming, but I would love to be in a technology company, doing something involving both technology and business.

While I was struggling amidst all this confusion, Abhaya was working at a technological start-up in Bangalore and he told me that the founders were looking at hiring a product manager. I spoke with them and it sounded like the thing I would like to take up. So, I opted out of placements and took up the role at the start-up. Although, it did not continue for too long because their technical team was still too busy with R&D and was in no mood to push out a product – so a product manager had little use there, but it helped me identify the right role for me, if I have to be in a job. I had at least found a suitable job role for myself – that of a product manager, although a job role can not define the calling of you life.

After leaving the start-up, a lot of luck, interviews and twists and turns later, Google happened. The product management role suited me, it was a dream company and life was good for me.

But then one fine day I started wondering again about what was I doing with my life. I felt the need to do something more meaningful. I wasn’t thinking about a career switch or entrepreneurship. Since I write poetry, I thought why not publish a book. I started researching and soon realized that publishing is not at all easy. Just the task finding a publisher and convincing them that your book is good can be a full time job. I did not want to publish to become a best-seller or get a lot of fame. It was just an act of self-satisfaction. And my friends and family and my blog followers should be able to buy a copy if they want. That was all I wanted. So, I started looking at self publishing options in India. There weren’t many at least with the print on demand model, where you do not have to print 500 copies and store them. That’s when the long pending entrepreneurship dream found the right idea. Abhaya was in the US at that time, was excited about the changes in publishing industry that were happening there – and when I hinted at my idea, he immediately liked it. And that’s when the shift from MNC to MNC at the idea level started. Many important decisions were to be taken before we could actually start full time. Abhaya had been in the US for only a year; he had gone for a Ph. D. He had to work out with his guide to return in a year with an MS. He got lucky that he had an understanding guide – he did not withdraw the funding! I had to leave my dream company. As I said earlier, past hounds you, expectations of family and society bow your down, but thankfully will power prevailed!

We started up and we are going on. We are working in a nascent industry in India, but we are the market leaders there. Business is paying for itself and we are looking at growing further.

So, in conclusion all I want to say is that for me the entrepreneurship has come as a part of my search for my calling in life, my search for finding happiness in what I do. Is this the ultimate calling? Is this the ultimate happiness? I do not know. If there is one dream you want to fulfill, there are other dreams waiting in pipeline too. If there is one thing you want to achieve, there are other things – higher or nobler or more satisfying – to achieve as well. Probably I will do something else later in my life. But what is important is that I am happy doing what I am doing today. And without trying to be patronizing, I hope that as you make your career decisions, you also take that in to account.

Thank you