"Over the years, I have read hundreds of license agreements, looking for little gotchas and clear descriptions of rights. But I have never, ever seen a legal document like the one Apple has attached to its new iBooks Author program.
I read EULAs so you don’t have to. I’ve spent years reading end user license agreements, EULAs, looking for little gotchas or just trying to figure out what the agreement allows and doesn’t allow.
I have never seen a EULA as mind-bogglingly greedy and evil as Apple’s EULA for its new ebook authoring program.
Dan Wineman calls it “unprecedented audacity” on Apple’s part. For people like me, who write and sell books, access to multiple markets is essential. But that’s prohibited:
'Apple, in this EULA, is claiming a right not just to its software, but to its software’s output. It’s akin to Microsoft trying to restrict what people can do with Word documents, or Adobe declaring that if you use Photoshop to export a JPEG, you can’t freely sell it to Getty. As far as I know, in the consumer software industry, this practice is unprecedented.'
Exactly: Imagine if Microsoft said you had to pay them 30% of your speaking fees if you used a PowerPoint deck in a speech."
- read the rest of Mr. Bott's article here
As usual, authors must be aware. As content creators, it is our responsibility to read our contracts with care. This isn't like when we were consumers. We can't just walk away after we sign stuff. We have dogs in the race now. If we want to make money off of what we pen, we need to spend time and money protecting the rights to our work.
Personally, I expect Apple to modify the terms of the EULA in short order. I have difficulty believing this is what they intended. This is probably a case of a legal department getting a bit ahead of their management (rather than the clumsiest attempt at copyright domination in the history of the world). But we don't sign on intentions. We sign on contracts. My suggestion (not a lawyer; don't wanna be one) is to wait for a correction to the EULA language before even considering to publish your work with iBook Author software.