Monday, October 12, 2009

Imaginary Girlfriend ...

Just done with reading John Irving's Imaginary Girlfriend: A Memoir. Well, I came off more knowledgeable about wrestling than Irving's writings.
A good book nonetheless..

Wednesday, October 7, 2009

Diary note: Oxford-Longhorn case

The hearing of the case in which Oxford Universiry Press has sued Longhorn Publishers over copyright infringement is tomorrow, October 9.

Set books change... not just yet

Set books change put on hold - (Daily Nation, October 7)
According to KIE Quality Assurance Director, the Ministry of Education has found it necessary to postpone the selection of the next batch of English Literature and Fasihi ya Kiswahili set books until a new assessment report, called a summative evaluation was released.

Monday, October 5, 2009

OUP vs Longhorn: A tale of two kamusis, a runaway author and 320,000 bob

Oxford University Press and Longhorn Publishers are in court. OUP wants Longhorn stopped from further sellings its Kamusi Kamili ya Kiswahili claiming it mischievously 'copied' some of the content of OUP's Kamusi ya Kiswahili Sanifu and Kamusi ya Shule za Msingi.

OUP also accuses one of the co-authors of Longhorn's book, John Gongwe Kiango of breach of contract. OUP claims it contracted Mr Kiango to co-author its book Kamusi ya Shule za Msingi and that going by that contract he was not to engage in any work that 'may reasonably be regarded as conflicting or likely to conflict with the sale of the Plaintiff's work.'

Away from all the legal jargon, OUP cites the definitions of following words as having been lifted, word for word, off its Kamusi ya Kiswahili Sanifu: Amba-, anzali, farijika, kifungu, kipozamataza, shehena, simu, tamathali, tarijama, udekani, ufyefye, and ukaango.

From Kamusi ya Shule za Msingi, OUP cites the following as some of those which were lifted: zahanati, zoea, zoezi, zuia, zumari, zungumza and zuzu.

It also lists a number of ilustrations and photographs it claims were 'copied and imitated.'

So, OUP wants Longhorn restrained from selling or distributing Kamusi Kamili ya Kiswahili. In addition, it wants:

-All copies of Kamusi Kamili ya Kiswahili taken to OUP for destruction

-Damages against Mr Kiango for breach of contract

-Ksh360,270.40 as damages incurred in investigations, expert opinion, workshops and travelling expenses among others.

The hearing was set for October 9.

This is an interesting case: copyright infringement/theft and breach of contract (some would say sour grapes). More, it's a leading publisher, suing another leading publisher (not like the earlier incident in the year when Macmillan won a case against an obscure firm it had sued for reproducing its maps).

OUP and Longhorn are industry giants, any way you look at them. OUP is the more urbane one, the home of respected English texts while Longhorn tends to cut the image of the publisher next door - its stature in Kiswahili publishing ni ya kupigiwa mfano. In other words, if you think English, think OUP; if you want Kiswahili, run to Longhorn. And you won't be disappointed - they know their work.
At the height of the Free Primary Education frenzy, they both raked in hundreds of millions in turnover and had a liking for freelance editors.
They both have a good presence in Tanzania where they frequently send their editors to work.
In the past four years, they both have had mixed fortunes.
OUP got a new regional director for East Africa, one Muriuki Njeru who is known in publishing circles as a no-nonsense manager and performer. You don't mess with this Moi University-trained editor unless you are ready to face his wrath (while at EAEP he sued the former MD, Barack Muluka - now running Mvule - over copyright issues: http://allafrica.com/stories/200711260298.html).
OUP was also in the news when it issued an alert over bootleg copies of its dictionary.
Over to Longhorn, it has been four eventful years. In no particular oder:
a) In a first of its kind move in the region, Longhorn acquired Sasa Sema in 2007 and re-launched it as a Longhorn imprint to specialize in general publications, Early Childhood Development materials, creative works and other trade books. Some say SS was acquired for a rumoured Ksh 100 million.
b) It lost its experienced publishing manager Simon Sossion, who left to found hid own outfit, Target Publications. This didn't go down well with the management.
c) It lost its most famous, most conceited author, Wallah Bin Wallah, he of the Kiswahili Mufti craze. It is said Wallah and Sossion are running the same outfit.
d) It lost Sinjiri Mukuba - then the finest, if not the best - Kiswahili editor in the country, to KTN. Sadly Sinjiri later died in a road accident

Longhorn and OUP are in the business of copyright protection and ownership, so for Longhorn to be taken to court over claims of copyright theft/infringement, it is embarassing. It doesn't matter who is right for what is at stake is its credibility, its claim to originality and its faithfulness to its 'Expanding Mings' tagline. They have essentially been accused of lying, or in classroomspeak, they have 'dubbed.'

As for OUP, it has shown:
a) It doesn't sleep especially when it comes to its products. It looks at its competitors' works with more than a passing interest; perhaps in carrying out a SWOT analysis of the product it realised, 'Well, this looks like our work; yeah, it is our work that they have stolen and are now parading as their own - thieving fellas..' Boy, they know their products.
b) The view we have of publishing firms as these meek outfits ever begging the government to release Free Primary Education funds or who only act over small time book pirates is just an illusion. So it is not all brother-sister-love-you-love-me-back feel in the industry? So these guys can actually sue each other?
c) You don't mess around with them. You do a book with them, you are locked in (Er, look at that contract thrice. Read it. Give a lawyer for his opinion. Then read it... if you don't like it, take a walk).

Where does the Kenya Publishers Association come in?
Here, look at its relevant objecives:
-To promote and protect by all lawful means the interests of the publishing industry in Kenya.
-To protect Members by dealing collectively with problems which can best be so dealt with.
-To serve as a medium for exchange of ideas with respect to publication, sales copyright and other matters of interest to book publishers located in Kenya and to form committees to report on such matters.
-To extend the activities and usefulness of the Association as may seem desirable.
-To discuss and agree on an acceptable code of ethics, to ensure good business and other relationships among members of Association and between the Association and the public

Does KPA have an Arbitration Committee or Ethics Committee to handle such? What of a Legal Committee? Something to think over.

Oh, where is Kopiken?

Monday, September 28, 2009

Kenya Publishers Association website ... needs an uplift

As an avowed book enthusiast, any news on that revered product always catches my eye; so it was that I came across this news item in today's Daily Nation, 'Book on female cut wins annual prize.'
It said Blossoms of the Savannah by Henry Ole Kulet and published by Longhorn Publishers had won the Jomo Kenyatta Literary Prize in the English category. It added that Dr K. W. Wamitila's Unaitwa Nani? published by Vide Mua won in the Kiswahili category. Winners got Ksh150,000 each.
Just like that.
I wanted more: who had won in what category, what the judges said, what the winners said, how the books are doing in the market name it. Where else to look for this than the Kenya Publishers Association website, www.kenyapublishers.org?.
I didn't have it offhead so I googled, got it, clicked and voila, I was in.
Simple enough, not complicated and not self-praising.

About us. Objectives. Partners. members. Photo Gallery.
Upcoming events. View members.

Then the usual: 'To advertise your book here call this number or that number.'
Each of these sections is detailed kiasi cha haja, as they say in our numerous Swahili Bulletins. For instance, KPA has 17 objectives, the second of which is 'to promote and protect by all lawful means the interests of the publishing industry in Kenya.' Very nice.
Its partners are listed as the African Publishers Network, The International Publishers Association, the Kenya Booksellers and Stationers Association, Kenya Institute of Education, KOPIKEN, The Ministry of Education and the National Book Development Council of Kenya. Again, good and encouraging - so they are not in some cocoon of a kind?
Anyway, what left a bitter taste in the mouth was the absence of information on the 2009 Jomo Kenyatta Prize for Literature Literature. All I got was:

Jomo Kenyatta Prize for Literature Award (JKPLA)
The Judging of the JKPLA is on going and winners will be
announced during the closing ceremony of the 12th Nairobi International Bookfair
on Saturday, 26th September 2009. The total titles received for the the prize
were 65, 34 English and 31 in Kiswahili covering Adult, Youth and Children
categories.

Period. Nothing more, not even the full list of the nominees!
I thought, well, being publishers - and not lawyers - they felt no need for full disclosure. Those who need to know, know; the rest, well, they can jump into the nearest pond. I need to know. I need the details - just for the heck of it especially considering my fascination with the industry and its products.
Anyway, let's forgive KPA for that omission, let's even overlook the fact that in the Jomo Kenyatta notice on their website they wrote 'received' as 'recieved.' Never mind that it is only at a KPA member's office that you will find a collection, nay, concentration of copyeditors and proof readers.
What I can't forgive them for are the typos that litter the captions in the photo gallery; to say nothing of the poor quality of the pictures.
Here:
Mananging Director (Managing Director)
Mrs. Nacy Karimi (Nancy Karimi)
Flaging off (Flagging off)
Macmillain (Macmillan)
Mrs. Mary Mumbuthia (Mbuthia)

I was just wondering: Do KPA members ever visit their site? When they do, do they smile at the kind of typos, poor pictures, dearth of info and outright 'just there like a debe' feeling of the site?

Friday, September 25, 2009

Government vs Publishers: All about the money

Before the ink dried on my last post, Kenyan publishers were already up in arms over the government's plans to stop buying textbooks for public schools starting next year.
The government insists the books purchased so far are enough while the publishers say more books are needed to meet an acceptable pupil-student ratio.
In a sentence: The government doesn't want to spend a shilling more on the book-purchase deal while the publishers want the government to buy even more books.
Poor publishers, what to do!

Cast:
Sam Ongeri, Education Minister: Schools are already saturated with books and buying more would not make any sense
Calistus Mwatela, Education Assistant Minister: The books the government bought for schools since the launch of the Free Primary Education in 2003, were enough to sustain Education - books last (sic) more than any other educational materials.
Nancy Karimi, Kenya Publishers Association boss: The books available per pupil in the country's public schools do not even meet the required standards. The ratio of books-to-pupils in lower primary should not be higher than 3:1 while that of upper primary learners should not exceed 2:1. The government should rethink its decision or lese publishers maybe forced out of business come next year.
John Mwazemba, Macmillan Kenya Publishers Ltd: All one needs to do to prove Prof Ongeri wrong is to visit any public school in the country.
Kakai Karani, Longman Publishers: KPA has made attempts to engage the government in dialogue over the issue but no progress has been made yet.

Additional information:
No. of pupils: Over 8million
Amount of grant:Ksh6 billion
Allocation per child: Ksh650 for learning materials; Ksh 350 for water, electricity and security

Thursday, September 24, 2009

Nairobi International Book Fair is here

The 2009 Nairobi International Book Fair is finally here.
I may not attend it but the thought of 25 per cent discount on all books ... I may just attend.
It is coming at a time when the economy is really down.
However, for the book industry, the real concerns are on the unavailability of school texts at two levels:
a) Books for form 3s in Maths and Science - the new syllabus are said to be eithr not there or for those that are there, so inadequate in terms of content.
b) There are complains of a poor students to book ratio. While the publishers say the ratio is still dismal, the Ministry fo Education insists the books are enough and that the funds should now be channeled to other non-book school facilities.
Let's see what the book fair brings up...