France and Germany . . .
This is a continuation of my previous post on this issue.
I can’t find any confirmation that the fixed book pricing laws in place in France only apply to books in French. What I find is this explanation of the French law as of 2011:
C’est fait : la loi sur le prix unique des e-books a été définitivement adoptée par le Parlement français. Après le Sénat, l’Assemblée nationale a entériné mardi soir, par un vote quasi unanime, la proposition de loi UMP qui autorise un éditeur français à fixer le prix des ouvrages sous format numérique, comme c’est le cas pour le papier. Et cette règle s’appliquera aux libraires en ligne installés en France comme aux revendeurs installés à l’étranger comme Apple, Amazon ou Google. Sur le papier, le dispositif devrait donc réjouir les éditeurs, les libraires et aussi les distributeurs de produits culturels établis en France comme la FNAC qui redoutaient les distorsions de concurrence.
What this says according to my French with a confirmative (sort of) assist from Google translate, is that French PUBLISHERS set the price of their books and that all French booksellers and resellers must abide by that price. It also says that online sellers “settled in France” such as Amazon, Apple, and Google, are also subject to that law. So…. Assume for the moment that I am the publisher of my book on sale in France. I set my price and Apple, Amazon, and Google must comply with that price. Therefore (and I’m not a lawyer anywhere in the world) Apple should not be rounding up my prices in France.
Does this mean that I must give all vendors in France the same price? I see ambiguity on that point. The assumption of the law appears to be that publishers do not want their books discounted ever. There’s some indication that you could discount by no more than 5%.
When I look at Amazon.fr, I can see that the publisher for the French translation of Scandal is listed as J’ai Lu which is, indeed, the company that contracted for French rights to Scandal. My self-published books on Amazon.fr show the publisher as “cJewel Books” which is the imprint name I assigned to the ISBN and gave to Amazon as the publisher.
So…. I would seem to be a publisher in France for the purposes of the price law, which also suggests that I have been thinking about this in a slightly inaccurate way. In France, it’s not that all books must be the same price. It’s that publishers get to set the price and distributors and resellers, including Amazon, must sell the book for that price without discounts.
The law appears to be silent on whether I, as a publisher, can give different prices to different French vendors, because, I speculate, that state of affairs was not the point of the law. The law was intended to prevent discounts on the publisher-set price.
I have to wonder if this means Kobo is out of compliance with French law because it does not permit me, the publisher, to set the French price. I can only set the EU price.
Germany has a law that is similar to France’s but also more than a century older. It, too, applies to publishers setting prices. According to this 2004 document from the Legal department of the German Publishers and Booksellers Association German Book Prices – PDF Publishers must provide the same price to all German vendors. From the document (which is in English):
The law is relatively short, as it consists of only 10 articles.
§ 1 reemphasizes that it is the overall intention of this law to protect books as a cultural good.
According to Art. 2 the law applies to all sorts of books, i.e. printed works. This includes not only printed books, but also music notes, cartography products like maps and globes as well as substitutions or reproductions of books.
According to Art. 5 the publisher or importer of a book shall determine the retail price of such book for the German territory. Foreign language books which are almost exclusively sold outside of Germany are not included in the law’s scope of application. (emphasis added)
Art. 3 obliges the vendor of the book to keep this determined price. Any retailer is forced by law to keep the fixed price. Consequently also the publisher himself has to keep its own fixed prices if he sells a book directly to customers. However, the law does not prevent the publisher to change such fixed prices at his discretion. He is free to adjust the applicable fixed prices according to market conditions or any other considerations he may have. (emphasis added)
According to Art. 8 publishers may cancel the fixed price if the edition of one particular book has been published for more than 18 months.
Note the two things I bolded there. Assuming the rules set out in this 2004 document have not changed, my English language version of, say, Scandal, would not be subject to this law. Maybe. Depends how you interpret “almost exclusively sold outside of Germany.” However, my German translations would be subject to this law.
Interesting. But none of this resolves the ambiguity. Nor does any of this solve the Nook problem, or, the Kobo one, or Apple rounding up.