It doesn’t take more than a glance at this site to realize I happen to like nudity in the illustrations that accompany my erotica. Yeah, I could keep them R-rated, but if the story’s rated X, why do so? If an illustration is tame, it’s because I thought it best represented the story that accompanies it and didn’t feel the need for gratuitous (illustrated) skin.
Unfortunately, American culture seems to have a fetish about nudity being wrong. I happen to fine Maxim magazine’s content to be puerile, frat-boyish, and to take an attitude toward women that’s beyond sexist and well into the “they’re only good for sex” realm. Playboy, on the other hand, has tried to celebrate the beauty of women since Hefner was behind the camera himself. So which one gets hidden behind wrappers in back corners or banned from PX’s and 7-Elevens across the country?
I could go on (and on and on and on), but the rant isn’t new and the number of examples of American culture’s hypocrisy around nudity are immense. So instead, I’ll focus on the problem du jour–nudity in ebooks. Specifically, what can someone who is self-publishing get away with?
Now obviously any writer or small press who offers their works through their own website is only restricted by the laws governing their particular abode and whatever their credit card processor will tolerate. Since I don’t know the in’s and out’s of being an e-retailer, I’m going to save that topic for a future day.
Similarly, I’d like to note that all e-retailers and e-publishers reserve the right to stop carrying a book for any reason at any time. It’s their store, and they should certainly have that right. However, it’s certainly nice to know ahead of time if they’re actually willing to offer your book. Hence, this post. So without further ado:
Amazon Kindle Direct Publishing
Amazon‘s content guidelines state: “We reserve the right to make judgments about whether or not content is appropriate and to choose not to offer it. We may also terminate your participation in the KDP program if you don’t adhere to these content guidelines.” There’s no surprise here. Under that, they state:
We don’t accept pornography or offensive depictions of graphic sexual acts.
The term pornography is not defined by Amazon. So far, they’ve accepted my own books with illustrations that contain nudity. They also sell erotic photography books and a quick search was able to turn up several ebooks with more graphic nudity in them than my own.
Based on information I’ve gleaned elsewhere, I don’t think Amazon truly cares about the adult content unless there’s a complaint. They don’t have human-in-the-loop screening for books that go through Kindle Direct Publishing, so readers are probably the first to see the book. They did yank incest themed books a while back, shortly after an unfavorable article appeared on Slate criticizing them for it, but incest themes are back. Like cops in many urban areas, they got the credit for ‘cleaning things up’ and once the spotlight moved on, things appear to have gone back to the way they were.
Createspace
Createspace is Amazon’s division that handles print-on-demand for paper books. Their Terms and Conditions contain nothing about adult content and only are concerned with whether the stated author/publisher really holds the copyright. Direidi Publishing has released The Ugly One through Createspace with nudity within the book with no issues. As an Amazon company, I imagine they don’t care unless there are complaints.
Smashwords
Smashwords allows authors to self-publish and they distribute to several retailers including Barnes & Noble, Kobo, Apple, and Diesel. They also sell books directly. Their terms and conditions include the statement:
• if you publish erotica content, neither the book cover nor the book interior may contain graphic images of nudity (either photographic or illustrated) or persons involved in sex acts, and does not include children or underage minors engaged in sexual acts or situations, witnessing such situations, considering sexual acts, or thinking about sexual acts
This is the term I’ve run afoul of. Smashwords has two steps in publishing. The first is an automated program that creates the formats. The second is their “Premium Catalog” which allows the ebook to be distributed to the other retailers. Humans review all content before it goes into the Premium Catalog and they’ve been rather strict about the no illustrated nudity clause.
That said, the terms and conditions come into play “by submitting your work.” I.e., an author would still be in violation of the terms and conditions if they had Smashwords sell their novel even if it wasn’t put into the Premium Catalog.
Barnes & Noble
Barnes & Noble lets authors self-publish through their PubIt program. Their terms and conditions include a ‘death penalty’ which states:
Please be aware that the following content is unacceptable and submitting or posting said content in your eBook file, cover image, or product data will result in immediate termination of your account:
Pornography: Hard-core material that depicts graphic or explicit sexual acts.
Email requesting clarification went unanswered. However, a little searching of their site turns up several Nook books that are purely nude photographs. There are a couple that hint at more explicitness, but since there’s no preview function for them, I was unable to determine whether it was just a tease or something that had slipped through the cracks. I haven’t published a book with them yet to determine if they pre-review content or not.
Lulu
Lulu does print on demand publishing and also does distributions of ebooks in the ePub format. For additional fees, they will distribute to the iBookstore, Amazon, and Barnes & Noble.
For sales within their site, they allow authors to sell via “direct access” which does not list the book in their catalog, or “general access,” which does. For the latter, they do not allow nudity on the cover or in the preview section of the book. No restrictions are stated for “direct access.” Their catalog does include books with nude photographs within the book.
They also have a general statement in their terms and conditions which states:
Does not contain material that is unlawful, obscene, defamatory, pornographic, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
I haven’t worked with Lulu, but I’m guessing that there would be no issues with nudity inside an ebook that’s sold through them via “Direct Access” or done through the “General Access” channel as long as it abided by the guidelines above. It also appears that they will be complaint-driven beyond that.
XinXii
XinXii is an ebook retailer based in Germany. Their English Language site is here. They’re small, but they allow sales by authors directly and they also sell erotica. Their terms and conditions state:
9.3 The user is obligated not to place any contents in the database of the Operator that violate competition laws, copyright or trademark regulations or that are to be considered as obscene, insulting, offensive, pornographic, irritating, racist, xenophobic, extreme right-wing or otherwise reprehensible. There is no right to be included in the database. The Operator expressly reserves the right to delete any files from the platform that violate the provisions in any way, at any time and without comment; this also includes e-books with reseller rights, e-books acquired via reseller licenses, private label content (PLR eBooks), questionable business proposals, advertising without benefit, etc.
In a response to a query from Direidi Publishing, they confirmed that nudity within a book is acceptable. It is not acceptable on the cover.
Kobo
Kobo requires you to email them and sign a publisher’s agreement before they will provide more information on how to get ebooks into their store. Since Smashwords distributes through them, I haven’t taken the extra steps to find out what it would take to do it directly. They sell books with nude photographs inside, so I suspect they would allow nude illustrations
SharewareeBooks.com
This is an Australian ebook retailer that looks like it has a straightforward interface for loading ebooks that have already been formatted. Since I’ve not worked with them, I’m unsure how complicated this would be. I’ve had trouble getting previews to work on the site. Their terms and conditions include the phrase that content should not include “any material that is obscene, offensive, pornographic…” but the terms are not defined. Furthermore, they note that they “may or may not screen content.”
All Romance Books
This site carries erotic romance as well as regular romance. They approve publishers before accepting books from them though do have some ebooks for sale where the author and publisher are the same name, so I assume an individual author could make submittals. I have not found anything in their terms and conditions that discusses illustrations. Their books are made available immediately upon upload, so I suspect that they deal with objectionable content by complaint and/or review by the site owners.
eBookBop
Another Australian site, eBookBop carries illustrated erotica books. They request that interested “publishers and authors” email them about having their books sold through their site. I don’t know what is involved in doing so, but they obviously carry illustrated erotica so would not have any objections to more.
Others
Finally, while Google’s ebooks store and Apple’s iBookstore sells books, I haven’t seen how an individual author can self-publish through them. Smashwords distributes to Diesel, but again, an author can’t self-publish directly there. Ebooks.com will not work with authors directly and requires email from a publisher to set up a relationship. They also seem to be light on erotica and have no illustrated erotica. Similarly, Books-a-Million’s sites states they only works with publishers but their actual page for doing so provides little guidelines on how to form that relationship. Since they don’t carry an erotica category in their fiction, I’m a bit suspicious whether it’d be valuable to try to get into their site.
Finally, I would like to acknowledge Direidi Publishing for assistance in assembling this list. I’ll update it as I receive or find additional information. Suggestions for other retailers are also invited–please feel free to comment below.