Sharing a Publishing Imprint?

Pkmatrix · Jan 21, 2015

This may be more a general business question, but it's something I've had in mind ever since I thought of going the self-publishing route.

I registered a business name and started a small imprint for myself before I published, with the intention of really only publishing my own work through it - thus, everything I self-publish will list my business name (Silk Baron Independent Press) as the publisher. But, let's say a friend decides to also go through the self-publishing route. Would he be allowed to list my business name as the publisher if I gave him/her permission to? I would not be involved in any of the actual work beyond maybe assisting setting up accounts and walking him/her through the process, no money would exchange hands between us. In exchange, my friend would list my business as the publisher and I'd list their book on my business' website.

Would we be allowed to do this?

I'm most confused/concerned in regards to ISBN numbers. I would not have any rights over my friend's work if he/she listed my business name as the imprint when registering the ISBN, would I? Would I have to provide the ISBN, and just agree to waive whatever hypothetical rights I might have?

It's not something I expect to ever do, but I'm curious about how it would work if I ever did.

slhuang · Jan 21, 2015

I would never recommend doing something like this unless you first consult a lawyer and have a written contract in place.

Just think worst-case scenario -- what if your friend gets sued? For copyright/trademark infringement, real or imagined, or violating a nondisclosure agreement, or misrepresenting someone in his books? I personally know perfectly nice people who have been sued, sometimes legitimately, sometimes not, for what they've published. It can come out of the blue.

I would recommend you always consult with a lawyer before attaching a legal entity of your own to someone else's work.

All that said -- of course an imprint can publish more than one person; that's what small presses do.

So, yes, you can do this, but if you want to do it, I highly recommend doing it by the book.

WriterBN · Jan 21, 2015

Just my opinion, but this would be a bad idea. Depending on what business structure you have set up, the IRS has rules pertaining to material participation in the business.

But don't take my word for it---probably best to talk to an accountant, as well as a lawyer, as slhuang mentioned.

Jamesaritchie · Jan 21, 2015

Sounds like a very bad idea. I'd definitely talk to a good lawyer first.

Pkmatrix · Jan 21, 2015

Ah, okay! Thanks, everyone. Sounds like it would be just as complicated an idea as I'd suspected.

Old Hack · Jan 21, 2015

Pkmatrix said:
This may be more a general business question, but it's something I've had in mind ever since I thought of going the self-publishing route.

I registered a business name and started a small imprint for myself before I published, with the intention of really only publishing my own work through it - thus, everything I self-publish will list my business name (Silk Baron Independent Press) as the publisher. But, let's say a friend decides to also go through the self-publishing route. Would he be allowed to list my business name as the publisher if I gave him/her permission to? I would not be involved in any of the actual work beyond maybe assisting setting up accounts and walking him/her through the process, no money would exchange hands between us. In exchange, my friend would list my business as the publisher and I'd list their book on my business' website.

Money would have to change hands. As the publisher of record you'd receive all payments for the book from the various retail outlets; you'd have to accept those payments and then forward his share to him. You'd have a struggle convincing the tax authorities that his payments weren't part of your taxable income. And if he got into legal difficulties which focused on his book, you might be liable.

Would we be allowed to do this?

Yep.

I'm most confused/concerned in regards to ISBN numbers. I would not have any rights over my friend's work if he/she listed my business name as the imprint when registering the ISBN, would I? Would I have to provide the ISBN, and just agree to waive whatever hypothetical rights I might have?

ISBNs are registered to the publisher which buys them. They don't give anyone rights to a book: but you shouldn't publish a book you don't have rights to. You would have to have a contract which specified who owned what, for your own protection, which would mean lawyers' fees at least.

It's not something I expect to ever do, but I'm curious about how it would work if I ever did.

It's more complicated than most people realise, this publishing business. Your best bet, I think, is to only publish your own works.

Pkmatrix · Jan 22, 2015

Old Hack said:
It's more complicated than most people realise, this publishing business. Your best bet, I think, is to only publish your own works.

Yes, I think that's what I'll do. As I said, I suspected it was going to be complicated and it turned out to be even MORE complicated than I had already thought. If any friends want to publish, I'll stick with giving advice.

Sharing a Publishing Imprint?

Pkmatrix

slhuang

Inappropriately math-oriented.

WriterBN

Jamesaritchie

Pkmatrix

Old Hack

Such a nasty woman

Pkmatrix