Attorney Helen Sedwick on Legal Issues for Book Authors

Today we are going to interview Helen Sedwick, business attorney and author of Self-Publisher’s Legal Handbook: The Step-by-Step Guide to the Legal Issues of Self-Publishing [Ten Gallon Press, 2014]. The book is available in paperback and as an ebook. It’s geared toward self-published authors, but the information equally applies to authors who are considering publishing with a small or large commercial publisher or a hybrid publisher. It has great advice. It’s easy to read. If you are intimidated by lawyers (or agents), this book will be indispensable.

Andy: Helen, welcome to “Ask the Agent”. Let’s start out by you telling us what you see as the biggest legal risks for writers?

Helen: Many writers assume their biggest risks are defamation and privacy claims, but I disagree.

Every year, hundreds of thousands of books are published, and only a few hundred defamation or privacy cases hit the courts. But tens of thousands of writers have signed on to unfavorable contracts they come to regret.

I have seen contracts where the author grants a self-publishing company or small publisher an exclusive license to exploit a manuscript in print, digital, audio and any other format, in any language for the life of the copyright. No reversion, no termination provision, little or no advance!

Yet, many writers don’t even read their contracts. One told me a contract looks like 5000 words run through a blender!

I am something of fanatic about this. I believe any writer who can master plot, character, and voice is capable of understanding key provisions of a contract, particularly the grant of rights clause. All they need is the right information. In the Appendix of Self-Publisher’s Legal Handbook, I include a line-by-line explanation of key contract terms.

Andy: But many writers are afraid to show their manuscripts to agents, editors and film producers because they are sure their work will be stolen. Isn’t that a big risk?

Helen: In reality, industry professionals are not likely to steal someone’s work. Being accused of stealing work would damage their reputations, and maintaining a good reputation is worth more than an untested manuscript.

Protecting ideas is a different matter. The basic idea of a work is not protected by copyright. In some industries, ideas are protected by Non-Disclosure Agreements, but in the publishing industry these agreements are rare. From what I have heard, anyone who asks for an NDA is seen as a newbie. Andy, is that your experience?

Andy: I agree with you there, Helen. Sometimes I get clients who want me to represent them, but don’t want to tell the publisher what the book is about. I always tell them that  we can’t play “no peaky” when we are asking them to pay an advance.  How else can writers protect their copyrights?

Helen: Writers should understand that they own the copyright in their work as soon as they put it down on paper or a hard drive. It’s automatic, whether or not the work is published or the copyright is registered.

But it makes sense for U.S. writers to register their copyright with the U.S. Copyright Office. Registration establishes a record of the work and is required before an infringement suit is filed. Registration within three months following publication increases the damages recoverable in an infringement action. Online registration is $35 and easy. No lawyers required.

Andy: I should point out that a lot of the book contracts from commercial publishers obligate the publisher to register the work with the Copyright Office. But some publishers require the author to do this.  Let’s go to back the problem of defamation and privacy claims. How can writers use real people in their work without ending up in court?

Helen: Writers use real people in their writing all the time, either as models for fictitious characters or by name in nonfiction. If they couldn’t, I suspect 95% of books would disappear.

But there are legal risks in using real people; defamation, unauthorized disclosure of private facts, and misappropriation of the right of publicity. Here are a few measures writers can take to minimize the risks.

For starters, writers should not print, tweet, or post anything they would not say in a room full of lawyers, at least without consulting with a lawyer.

Fiction writers should mask distinguishing characteristics and avoid retelling life stories too closely. The more villainous the character, the more the writer should mask. They should also use the standard disclaimer in their novels: “This book is a work of fiction. Any resemblance to actual events or persons, living or dead, is entirely coincidental.”

Non-fiction writing involves more risk. Writers should take the time to educate themselves about the elements of defamation and disclosure of private facts. I summarize these claims on my blog.

For instance, writers should not say someone is criminal, sexually deviant, diseased, or professionally incompetent or use labels such as crook, cheat, pervert, or corrupt. They should stick to verifiable facts, and let readers come to their own conclusions. In other words, show, don’t tell.

Andy: Let’s look at a real situation. I represented an author, a former paparazza, who took a photo of a famous movie star smoking hash by her front door. The picture was all over the tabloids. Would the author have legal exposure if the picture were in the book?

Helen: Unlikely.

Writers may be liable for disclosing private facts about an identifiable person if the facts are “offensive to ordinary sensibilities” and “not of overriding public interest.” What is offensive and what is public interest? Ultimately, a judge or jury decides, but generally the information must be very private and damaging.

As a preliminary any conduct in public is not protected, particularly today when everyone carries a camera. Public figures have almost no reasonable expectation of privacy. The starlet in your client’s image should not have been surprised that cameras are pointing her way.

Information in publicly available court documents and news reports are also not private.

However, writers should be careful about the misappropriation of the right of publicity; namely, using someone’s name or image for advertising or promotional purposes. Writers should never use anyone’s name or image on a book cover, advertisement, or in any way that implies an endorsement without express permission. Using someone’s name or image within a book as part of the editorial or creative expression is different; writers have more leeway.

Only living people (and in some states companies) can make defamation and privacy claims, but in many states the right of publicity survives death. In California, for 70 years. In Indiana, 100 years.

When in doubt, writers should engage an attorney for one-on-one advice.

Andy: Writers love to use song lyrics as part of setting a scene. Is it safe for a writer to use only a line or two of lyrics buried deep in the body of the book?

Lyrics are intellectual property, like text and images. If a writer uses someone’s property without permission, whether it’s a car, a bicycle, or the words to a popular tune, he is violating their property rights.

Using lyrics is particularly risky, not because they are special in the eyes of the law, but because they are owned by music companies that aggressively protect their rights. A writer could get a “cease and desist” letter from some big law firm. Translation–shred every copy of the book, even though the infringing words are 25 out of 95,000. Worse, a writer could be liable for monetary damages.

There is no need for writers to take these risks. Asking for permission is not difficult or expensive in most cases.

On my website, writers can download a PDF with instructions on how to identify who owns a song and how to ask for permission, How to Use Memorable Lyrics Without Paying a Fortune or a Lawyer. I have a similar PDF for using images.

Andy: Helen, I’m a little surprised by this. I represent a biography of a recently deceased songwriter and performer. The title of the book is the title of one of songwriter’s most famous songs. And the author wants to use an occasional line or two of lyrics as chapter headings. Isn’t there a Fair Use Doctrine that allows you to use a minimum amount of lyrics or other copyrighted material without a permission? What about the title of the song being the title of the book?

Helen: I would encourage the writer to seek permission. If that’s not possible, then this is a perfect example of when someone should consult with an attorney on how to minimize risks. Sorry to punt here, but there is no one answer fits all.

While we are talking about titles, what if another  writer releases a book using the same title as mine? Are there any legal claims?

Most writers are surprised to hear that titles are not protected by U.S. copyright law.

It’s ironic, really. Anyone who has written a novel will tell you how difficult it is to come up with a title that is resonant and eye-catching. Yet titles are not protected under copyright law, because they are considered too short to contain sufficient “original expression.”

A very famous title or the title of a series may become a trademark however. If a writer’s title becomes as famous as The Da Vinci Code, then it’s time for to consult with an attorney about trademark protection. This a problem of success. I hope all our readers have this problem.

#

Writer and lawyer Helen Sedwick uses 30 years of legal experience to show writers how to stay out of court and at their desks. ForeWord Review gave her Self-Publisher’s Legal Handbook Five Stars, calling it “one of the most valuable resources a self-publisher can own…well-written and authoritative yet unhampered by legalese.” Her blog coaches writers on everything from protecting copyrights to hiring freelancers to spotting scams. For more information about Helen and her work, check out her website at http://helensedwick.com

Disclaimer: Helen Sedwick is an attorney licensed to practice in California only. This information is general in nature and should not be used as a substitute for the advice of an attorney authorized to practice in your jurisdiction.

 

Advertisement

Ask the Agent — The Book

If you look over there on the right, you will see the cover for my new (and only) book, Ask the Agent: Night Thoughts on Writing and Book Publishing. It’s an e-book  collection of the best writings from this blog.   It required a considerable amount of editing and rearranging, and I added some new material as well.  Last week I launched a “that attack” on the manuscript,  managed to identify the word “that” over 500 times, and eliminated 350 of them. Designing the cover was easier than I thought. Of course, I had to use Photoshop, which takes months to learn. I took some old leather-bound  books off my shelf and photographed the spines as the background and then superimposed the text. I had to crop it so that the ratio of height to width was 3:2.

Since Amazon won’t cooperate with anyone else, I had to format it and upload it twice. Once for Amazon’s Kindle Direct and once for Smashwords. The Amazon edition only works on Kindles. All the other major readers (iPad, Sony, Nook, Kobo) use the epub format which is available on Smashwords.  It should be  up on iTunes, Sony, Kobo, Indiebound, or from your local independent bookstore in the next few days.

Preparing it  for Amazon Kindle Direct was easy. You take your MS Word manuscript and make a few formatting changes  using Amazon’s simple instructions. When you upload the file, you can preview it on a viewer and see exactly how it will look on the various Kindle readers. That’s important to make sure the formatting is correct. Then you upload your cover and provide copyright information.

A few hours after I uploaded the file, I received an e-mail from Amazon telling me that they saw   that much of the information in the book was already posted on line. They requested that I email them back with an explanation. Since I wrote all of  the material and it is  on the blog, there were no copyright infringement problems. But it’s good to know that Amazon is trying to do something about piracy. I wrote them an explanation and was back in business within 24 hours. I’m not sure how the technology for identifying this works, but it is nifty.

Formatting for Smashwords is more complicated but very do-able. Since Smashwords makes the text available in a wide range of formats, it has more stringent formatting requirements. Smashwords provides a step by step style manual that is written in plain English. When you upload the file, Smashwords will inform you if there are specific formatting issues.

I hope some of you will buy the book. I arranged it so that it’s much easier to read than the blog. I organized it into 4 sections that more or less coincide with the topics I’ve been writing about. The first section includes my agent-y advice to writers on getting published and finding an agent. There are  numbered tips on query letters, book proposals and the like.  The second section has writings about writing. The third is about book publishing. And finally I have written some recollections about my 35 years as a bookseller.

Thanks for reading this blog. I’ve had almost 200,000 page views since it began in 2009. I hope you enjoy the book.

I Just Published an E-book, and It Was Pretty Easy

Recently we did a blog interview with author Mary Mackey talking about how her agent  republished  all of  Mary’s  out-of-print  novels as e-books. A lot of agencies are doing this now.  Some of them manage thousands of titles, and they are bringing them back in print, usually at very attractive prices. That’s good news for readers.

I decided to do the same thing with my clients’ books. I’d like to describe the steps that I took to get  an out-of-print  book converted and published. It was really quite easy.

The book  I worked on was  Face-Time by Erik Tarloff.  He is a client of mine. I first read Face-Time when it was published in 2000. I loved it then and I still do.  The story is about a presidential speech writer  in Washington who learns that his girlfriend is  having an affair with the President.  Erik’s voice comes through loud and clear. It is very funny and very smart. It  moves effortlessly between high culture and low farce.

Erik had some pretty good inside knowledge that gave this book a lot of verisimilitude.  Erik’s wife is Laura D’Andrea Tyson who was Chair of both  The Council of Economic Advisers and later The National Economic Council under Clinton, both cabinet level positions. Erik, himself, wrote speeches for the President.  Erik is also quick to point out that this book is in no way  a roman a clef.

 

 You can download either the Kindle Edition or the EBUB edition that can be read on all non-Kindle readers. The price is $2.99 (as Mad Magazine would say — cheap!)

So let’s talk about how I got this book published.

First, a word about e-book formats. There are two major digital formats for e-books. The first and most popular is the Kindle Format. It is proprietary and controlled by Amazon. com. Books in the Kindle format  can only be read on Kindle readers (or a Kindle App from the i-Tunes Store)  and only purchased at Amazon. Right now about 65% of all e-book sales are for Kindle Editions. The other major format is Adobe EPUB, an open source format. Most other major e-book retail venues and platforms (i-Pad, Nook, Kobo, Sony, Android) use the  EPUB format. This means that if you are going to make your book available, you will need to go through the conversion process twice, once for each format.

Ok. Let’s go through this step-by-step.

1) Create a word file.  If  Erik already  had a .doc file of the text, I could have gotten it up in a few hours. But he didn’t. So the first thing I had to do was to send the  physical book to an optical character recognition (OCR) service that  scans the book and converts the text to a digital file.  I chose Blue Leaf Scanning , a widely used service for this job. The price  is based on the number of pages in the book. Face-Time had about 250 pages and the price was $26.95. I sent them a copy of the book. And two weeks later they emailed me back a word file and a .pdf of the text.

2)Review and Re-edit. The good news about optical character recognition scanning is that it is at least 99% accurate. The bad news is that it is  only 99% accurate.  What that means is that on any page of the scanned book, there are likely to be about 35 incorrect letters and consequently 35 misspelled words. Re-editing is essential and is the most tedious part of the process.  So I turned it over to Erik.

3)Designing a cover. This is important for marketing. You really need one of those postage stamp size covers so that the book looks professionally published. I referred Erik to my friend and fellow-agent, Natanya Wheeler. She is an agent  at the Nancy Yost Literary Agency and she’s  great.  She also manages their large list of re-published e-book titles and knows how to create a properly designed and formatted book cover. She agreed to design the cover  for us.  She  charged Erik about  $100 and produced a gorgeous cover in the form of a .jpg file.

4) Formatting for Kindle Editions.  Amazon has made it pretty easy to get your book into the Kindle Store. Their program is called Kindle Direct. Publishing through Kindle Direct is free. Amazon will take a percentage of all sales.  Go to the link  and register. Then read the simple step-by-step instructions  for formatting and publishing.   It will lead you through a few formatting requirements, all of which  can be done using Microsoft Word. These  include: paragraph formatting, line spacing, preparing a title and copyright page, table of contents,  and adding addition materials like author bios and blurbs.  Then they show you how to convert your word file to a html file using your own MS Word program.

5) Enter title and product details.  After you have formatted the book on your computer, you need to go back to the Kindle Direct Page and enter   author and title information along with some descriptive catalogue copy and some other copyright details.  You will also have to confirm that you control the rights to the book and are not infringing on anyone else’s copyright.  (If you try to publish a digital edition of Twilight to help get you through the economic downturn, you might run into trouble.)

5)  Upload and Convert. The next step is to take your html file  still on your computer and upload it using Amazon’s simple instructions.  You will also upload the jpg of your cover art.  Doing this is a lot like uploading photographs on Facebook. You can then preview your book on a viewer on the Kindle Direct page  that will make the text look identical to what you will see  on the Kindle Reader. If there are  formatting problems or other errors, you can correct them at this point.

6) Pricing.  Amazon then directs you to a pricing page where you can determine how you want the book priced. It’s your choice. You can give it away for free or price it at $1000 and see if anyone buys it. (They won’t). I priced Face-Time at $2.99. I see a lot of books on sale at that price point. It’s low enough to avoid issues of price resistance. Typically the amount that Erik will receive on each sale is going to be 70% of the price.

7) Publishing. Hit the button and you are now a published author. It will probably take 12 hours before your book will have its own page on Amazon.

9) Formatting and Publishing in the EPUB format using Smashwords.com. A lot of authors and agents are going to Smashwords.com to publish on platforms other than Kindle. The nice thing about Smashwords is that you only have to format and upload once  and they will make sure that the book is available for sale at all the other important venues (Apple, Sony, Nook, Kobo, Android).  I won’t go into all the details of publishing on Smashwords. The process is very similar to the steps used for Kindle. Like Kindle, you need to set up an account with Smashwords.  Then follow the step-by-step instructions for formatting your  .doc file.  If you have the edited word file that you used for Kindle, you will need to make a few formatting changes. But you should be able to upload it to Smashwords in about an hour.  And as with Kindle, publishing on Smashwords is free and the royalties are 70-80%

10) Wait for the big bucks to start rolling in. Both Amazon and Smashwords have very user friendly systems for sales reporting and payment of royalties. You can check these out on their websites.

The hardest part of all of this is the writing. And if you look at most of the self-published books that are available, the quality is (how shall I say this politely?) spotty.  But if you have a manuscript,  regardless of the quality, it’s easy, cheap and fast to get it published. Of course no one’s going to read it if they don’t know it exists. And you probably aren’t going to get review attention for a self-published book, and you aren’t going to get an e-book into the bookstores. Since you’re the publisher, it’s your job to do the marketing. Good luck.

Self Publishing at Book Santa Cruz Using the Espresso Book Machine

Casey Protti and the new Espresso Book Machine at Bookshop Santa Cruz

Today we are going to speak with Casey Protti, owner of Bookshop Santa Cruz, one of the truly iconic independent bookstores in America. The bookshop just acquired an Espresso Book Machine, a new technology which is able to create a perfect bound paperback book in minutes. The quality of the books produced are indistinguishable from paperbacks published by major publishers.  It’s a new technology that has the potential of redefining the role of local bookstores.

Andy: Casey, Can you tell us a little bit about the Espresso Book Machine.

Casey:  I’m really excited about our new machine. It is a remarkable technology that allows Bookshop Santa Cruz to print books on site, and on demand.  We can just hit a button and it prints, binds, and trims a paperback book in just a few minutes. What I love about this technology is not only the convenience factor of being able to give a customer a book when they want it, but more importantly, our ability to become a community publishing center- a place to have human to human interactions to create and distribute books.

Andy: The machine allows the local bookstore to become a self-publishing venue? Really.  Tell us about that.

books printed and bound in 5 minutes on the Espresso Book Machine

Casey: For those authors who have a novel or memoir or book of poetry that they want to make into book form, we can help them to bring their work to life through every step of the publishing process.  And not just people who think of themselves as authors. This could mean people who want to create family histories, compilations of family recipes, businesses who want to customize journals, student groups who want to make zines or graphic novels, or teachers who want to put together an anthology of their students’ work.

Andy: Other than self-publishing, what else can you do?

Casey: There are 8 million titles available including works in the public domain and hard to find and self-published titles.  Just the other day we had a man who had been searching for a hard to find book for over 20 years in used bookstores.  We had it on the EBM and printed it for him in 5 minutes.  Although other stores with Espresso Book Machines have seen self-publishing account for 80-90% of all the activity on the machine, more and more publishers understand the EBM as a good way of keeping their backlists available.

Andy:  That’s a good point. It seems to me that as publishers get more commercial and media –obsessed, they are putting their slower moving back list titles out of print faster. Will Espresso change that?

Casey: I think publishers see the EBM as good way of keeping their backlists available even if demand for a given title has waned. It’s economical for them, because they don’t have to warehouse titles or incur shipping and handling costs.  With EBM  we only produce as many copies as are sold.   We want to be able to sell a book that a customer asks for right away. It is of huge benefit to us, to publishers, and to the customer. And he gets the book a lot faster than he would if he purchased it online. And   we’d love to bring books back in print that have local significance and could sell well to the community but that may not  warrant a traditional print run.

Andy: What’s the quality of the books produced by the Espresso?

Casey: Books produced on the EBM are virtually indistinguishable from traditionally produced paperbacks.

Andy: Some people have said that this is a real transformative technology. Can you tell us what this means.

Casey: Six years ago, when I took over Bookshop from my father, I could never have imagined a technology like this.   In the age of the Internet,  our customers are looking for instant gratification, but also personalized services that you can’t get online. The EBM plays to the typical strengths of indie bookstores in terms of community connections and relationships with local authors but then brings it further with new products and services that meet new customer needs.  Our hope is that as more publishers add content to the EBM, we will one day be able to say that we can print any book ever published on demand.  That’s transformative!

Andy: What about ebooks? Aren’t they going to make print on paper books obsolete? That would make the Espresso machine a kind of dead end technology.

Casey: It has been  fun to see people  so excited at watching a physical book being made. Seeing this excitement puts to rest the idea that the book is dead.  Although people rightly want to publish their books electronically, they’d be shooting themselves in the foot if they didn’t also want people to see their books in physical form in bookstores.   Publishers will tell you that local bookstores are the showrooms for books. Online  stores can’t duplicate that experience.

Andy: Let’s say that you want to use the machine to publish your own book. What do you need to bring to the bookstore?

Casey: The EBM machine prints from PDF files that authors can either choose to format themselves (following the EBM submission guidelines) or by getting help from their local EBM operator.

Andy: And how about distribution of the book after it has been printed? Is the store involved in this?

Casey: Authors using the EBM can upload their titles to the main EspressNet catalog making their work available at other EBM locations worldwide and  authors printing their books  at Bookshop Santa Cruz can also enroll in the consignment program to have their books added to the shelves of our store.

Andy: How will Espresso allow Bookshop Santa Cruz to compete with companies like Lightening Source and Create Space?

Casey: The self-publishing services we offer are much more one-on-one and personalized then most of the online self-publishing companies. We can walk through a project with an author insuring that we are able to assess and meet all his needs from cover design to purchasing an ISBN number. The authors never need to go it alone. They can easily reach their local EBM operator for trouble-shooting help and project support in person, over the phone or via email.  This part of the EBM service package is completely in line with what indie bookstores do best – building relationships, customizing services, and providing that human connection that you can’t get online.

Andy: How much does a book cost per copy?

Casey: The base printing price for the EBM is $5.00 + 4.5 cents a page, although we do offer some bulk discounts and price breaks depending on the nature of the project.  We also have publishing packages which include various levels of service including graphic design, proof copies, obtaining an ISBN, etc.

Andy: How long have you been operating the machine in the story? How much business has it been generating.

Casey: The Bookshop Santa Cruz EBM has been operational for about a month, and on a typical day we print anywhere from 20-50 books.

Andy: I hear that these machines are incredibly expensive. How much do they cost? Will they really support a viable business model?

Casey: Typically the machine, software and installation runs $100,00-$125,000. American Booksellers Association members receive a discount on the software.  With just over a month under our belt, it is too soon to determine profitability.  However, since the opportunities to connect with the community to publish works are endless, we think there is a good chance that the machine will be a profit center for the store.  In addition, the feeling amongst your customers that the store is trying to remain relevant and innovate is priceless. Since the margin is so small on books, bookstores of the future need to move further into a service-based model in order to survive.  This is a step in the right direction.

Andy: If you want to find out more about the Espresso machine or if you have a self-publishing project and want to work with the Bookshop, call Sylvie Drescher at the Bookshop at 831-460-3258  or email her at ebm@bookshopsantacruz.com.

Thanks, Casey. We’ll check back in a few months to see how this new technology is unfolding.

The Future is Now…No, Wait a Minute…Not Yet

For the last 12 years, there has been so much buzz about internet bookselling in general and Amazon.com in specific that you would think  community-based bookselling (bricks and mortar) was dead. At the cocktail parties in Berkeley and Silicon Valley, when the conversation turns to books, the subject seems to be: Amazon, Amazon, Amazon, and Amazon.  The demise of Border’s this year and the ongoing decline of independent bookselling that has been talked to death in the media would tend to confirm this opinion. The conventional wisdom seems to be that a revolution has occurred in retail and that the vast majority of books are now purchased on-line.

 
Similarly in the last two years book lovers inside and outside the industry have been talking, almost exclusively, about the rise of e-books. E-book gurus and digital cheerleaders would lead us to believe that the 500 year Gutenberg era has ended and that print on paper books are dead.

 
A few weeks ago I did a blog post about the first report of Bookstats, the new statistical survey commissioned by the Association of American Publishers. Before Bookstats, book industry statistics were pretty sketchy and generally limited to a few top publisher members of AAP. The new Bookstats report was based on sales from 1963 companies with a combined sales of $15.3 billion.

 
And what we learn from these statistics is really rather astonishing. Just looking at trade book sales by channel, we learn that online sales are 14.3%.  In contrast, sales in physical retail stores (which includes, indies, chains, mass merchants and others) are 40.8%. The statistics also list sales to jobbers and wholesalers (who in turn sell books to retailers, mostly physical store retailers) as 30.1%. These figures tell us that online bookselling has a long way to go before it catches up with bookselling in the physical world.

 
That said, it should be noted that sales at retail bookstores declined 7.8% between 2009 and 2010, while online sales have increased 46.1%. So we see that  changes are afoot and the future will likely be quite different. Looking at the rise of e-books, we see a similar disconnect between the statistics and the conventional wisdom.  The report shows that e-book sales in 2010 were only 6.2% of market share. But again we learn that while almost all physical book formats have declined between 2009 and 2010, e-books grew by 201%. The figures show that the future is not yet…but maybe soon.

 
The statistics don’t include sales of self-published titles, either in paper or e-book format. Again the gurus have announced the end of “legacy publishing”. They tell us that the great commercial publishers are dinosaurs from another era and are collapsing as we speak. In fact the number of self published titles has grown in the millions, and self-published e-book downloads are growing at an astounding rate. It is not clear exactly what the market share of self-published books is. We do know that most of these titles sell in the hundreds or even less. In today’s New York Times Bestseller List of the 30 bestselling books combined in all formats, none are self-published. Of the 50 bestselling books in the ebook format only 4 are self published.

 
It would seem that the death of commercial publishing, paper based books, and physical bookstores  has been greatly exaggerated.