Bestselling Book Has Been Made Available through E-lending and Subscription Services, Undercutting Author's Royalties
Sherry Argov ("Argov") is the author of Why Men Love Bitches, a humorous book about relationships and strong women (the "Book"). The Book has enjoyed tremendous success since its first publication in 2002. Even today, it can be found on the Barnes & Noble top 100 bestsellers list.
On July 8, 2020, Argov filed suit against Simon & Schuster, Inc., Simon & Schuster Digital Sales Inc., and Adams Media (jointly "S&S"); Proquest LLC ("Proquest"); and various unnamed defendants. Argov's Complaint alleges that S&S, in violation of various agreements, allowed the Book to be distributed through unauthorized channels. Specifically, while the agreements allow the Book to be sold in trade paperback and ebook form (with royalties spelled out for Argov) they explicitly forbid S&S from distributing the book through digital, subscription-based channels.
The Complaint claims that S&S disregarded this part of their agreements and allowed the Book to be distributed through Proquest and other subscription-based e-lending platforms. Since Argov's royalties for ebooks are based on the number sold, she claims she has not received royalties from these uses of her book. In her Complaint, Argov alleges that S&S has tried to keep Argov from accessing accounting information relating to these and other ebook transactions.
Proquest and other similar services provide unrestricted, subscription-based access to countless ebooks. These subscriptions are often paid for by college and university libraries, which allow their patrons to use these books for research and other purposes. Argov's Complaint points out that these facts are particularly damaging in her case since college and university-aged students are a significant part of her book's audience. Argov further claims that S&S's actions have allowed potential buyers to access the book for free. The Complaint also asserts that distribution through Proquest, without anti-infringement safeguards, has allowed users to easily download the book and further illegally redistribute it.
Argov demands attorney's fees and damages for breach of contract and copyright infringement as well as other violations of law. She also seeks a declaratory judgment allowing her to terminate her agreements with S&S.