Quality Not Quantity for Self-Published Writers

Tom Chalmers

One of the complaints the self-publishing community often hit traditional publishers with is that they license authors’ work and then hold onto it for 1-2 years before publishing it. I would agree the time taken to get books into the …

Team-Produced Stories: An Author Perspective

J.J. Gadd

The stereotype of the lonely writer scribbling away in isolation is an old and entrenched one. And for good reason. Being the vessel for great stories and characters to emerge into words takes a lot of thought, writing, and re-writing …

India’s Ebook Industry Shows Great Potential

The ebook industry in India is still an emerging market but feels like it’s about to grow – it’s like a storm brewing in the distance. It continues to swirl and swirl, yet it’s not certain when it will unleash …

New Anti-Spam Law Throws Canadian Publishers into a Tailspin


This summer, Canadians were inundated with emails requesting us to opt-in to email lists. The pleas were sparked by Canada’s anti-spam legislation (CASL, commonly pronounced castle), which came into effect July 1. Canadians can no longer send commercial emails, text messages, or instant messages without consent. The new legislation has put a strain on many publishers, as they struggle to modify their direct sales and marketing tactics to comply with the legislation.

“A huge part of our business is course adoption, so we email professors very regularly introducing books in their subject areas . . . We send out thousands and thousands of those emails every month,” explains Laraine Coates, marketing manager for UBC Press. “When CASL came down, I was quaking, because I was thinking, How are we supposed to reach these people?”

Many publishers undertook time-consuming opt-in campaigns over the summer, to try to obtain express consent from the people on their current email lists. The publishers I spoke with for this blog post all said their mailing lists dropped by about half. Most publishers are putting a positive spin on the drop. As Erin Creasey, Sales and Marketing Director for ECW Press, says: “It doesn’t matter if you have those names on there if those people aren’t engaging and don’t get it.”

Implied consent
CASL also permits businesses to send commercial emails if they have implied consent. There are a few forms of implied consent, including:

  • Conspicuous publication
: The recipient’s contact information is published in plain sight, for example, on a website or in a trade magazine.
  • Disclosure
: The contact information is given to the business, for example, if people give you their business card or address.
  • Existing business relationship: 
The person has made a transaction with the company or inquired about purchasing its goods or services.

Problems with data management
The implied consent rules come with an additional challenge: the consent is only granted for two years. That means publishers have to track how long they’ve had an individual’s email on file. “Trying to manage our list is completely daunting,” says Coates. For example, a publisher may have implied consent to email a professor whose email address is available on a university website, but they now have to go back to that website every two years to confirm that his email addresses is still up. Multiplied by many thousands of email addresses, and you have a data-management nightmare.

UBC Press now notes in its spreadsheets where they got the email addresses and when; every time they update a list they indicate the date it was updated. “We have a lot more work to do now,” Coates says.

The impact on bulk sales
Margaret Bryant, director of sales and marketing for Dundurn, says one of the bigger shifts for them relates to bulk sales to companies and organizations. “We’re no longer allowed to do unsolicited email communication with these people,” she says. In the past authors would give Dundurn a list of leads, which a sales person would follow up on. Now their authors have to qualify their leads.

“It’s actually made us stronger,” Bryant says. “There were a lot of unqualified, blind leads that didn’t amount to sales…By asking them to be more precise about those leads, [we’re] using [our] time more wisely.”

Grey areas
The Association of Canadian Publishers engaged a lawyer to provide its members with advice around the legislation, and they held a webinar on the subject. Other publishers have been guided by in-house counsel or have been interpreting the legislation themselves. Still, there’s a lack of consensus among Canadian publishers about which sales and marketing activities are legal and which aren’t. For example, some think making the equivalent of an email cold call for bulk sales is in fact legitimate.

“The point of the law seems not to be preventing these types of genuine business interactions,” says Creasey. “We all know what email spam looks like, and that’s not what we’re sending.”

There are also a lot of grey areas. For instance, in the case of a publisher subscribing to a third-party database for publicity outreach, does the publisher need to get consent from the people in that database? Does the database provider? A lot of these questions won’t become clear until the legislation is challenged in courts.

Three-year grace period
CASL gives businesses a three-year adjustment period. No one can be charged under the legislation until July 2017, after which the CRCT (Canadian Radio-television and Telecommunications Commission) can issue warnings and penalties. Penalties for very serious violations can go as high as $1 million for individuals and $10 million for businesses.

For now Canadian publishers and self-publishers are busy trying to build legitimate email lists. Meanwhile, Canadians continue to receive unwanted emails from other jurisdictions, leaving some to question how useful CASL is at protecting Canadians from spam.

Charting Nook’s Decline

Jeremy Greenfield

Barnes & Noble’s Nook division hasn’t fared well over the past four years. What was once thought to be the only credible challenger to Amazon’s dominance of the ebook business in the U.S. has fallen into a distant second or …

Enhancing Ebooks: An Author Perspective

J.J. Gadd

Right now we are facing a game-changing moment in publishing, where publication is possible for those who might never have achieved it before, an opportunity created by the rise of digital publishing. As an author I am excited by the …

Amazon Gambles on the Kids

Amazon’s announcement of their Kindle Kids’ publishing software platform probably caught very few in the industry off-guard. It’s been clear that Amazon’s ambition is to become both the publisher and the retailer, which, irrespective of what the industry feels, lines …

6 Steps to Overcoming Social Media Writer’s Block, Part 1

Beth Bacon

Part 1 in a 2-part series For self-published ebook authors, there’s one aspect of marketing that offers substantial exposure at a very low price: social media. It’s free, after all, and with social media, you can reach readers throughout the world. …

Licensing in China: A Two-Way Street

Tom Chalmers

As I come to the end of a very busy and productive Beijing International Book Fair (BIBF), there have been many lessons to reflect on in what has been a fascinating week. As part of IPR License’s full launch in …

New Ebook Production Tools Heighten Focus on Quality

Rich Bellis

Changes in ebook production and conversion technologies are opening up new opportunities when it comes to digital content. But that expansion is also creating a handful of challenges for those who use such tools, and quality assurance methods will need to adapt to keep …

Digital Apps For Early Learning: A Glimpse At Kumon Publishing

Beth Bacon

Can digital tablets help children learn skills like penmanship? Can interactive apps foster appreciation for the sounds of language? Kumon Publishing North America is exploring these questions. The company that’s known for its educational learning centers has introduced two digital apps …

Audiobook CDs in MP3: No More Switching Discs

Beth Bacon

Do you listen to audiobook CDs in the car? I do. They’re a great way to get through all those new titles (I’ve heard 3,500 new books are introduced every day) and it makes the commute more bearable. My only pet peeve is …

Man Booker Prize: Disappointing and Disappearing

Tom Chalmers

Book prizes have become an increasingly key route through which to discover and champion the best writers, to elevate and highlight the brilliant above the masses of books now being published every year. That’s why over the last few years …

For Subscription Ebooks, Great Expectations But Few Guarantees

Rich Bellis

A report released today by the Book Industry Study Group (BISG) finds that 80% of publishers believe subscription ebooks becoming a major part of the publishing business is “inevitable.” The launch last week of Amazon’s subscription service, Kindle Unlimited, would appear to …