Average Time to Deliver Across Postal Network Steady at 2.6 Days

Given all of the attention that the Department of Justice’s successful trial to block Penguin Random House’s purchase of Simon & Schuster drew, it can be hard to remember what other trends, challenges, and issues confronted the publishing industry in 2022. In many ways, last year the industry was still dealing with the fallout caused by the pandemic. For one thing, return-to-office policies remained in flux throughout the year; just when a publisher would announce plans to bring back employees to the office for a few days a week, another surge would come along and scuttle those plans. In addition, executives at the big publishers were meeting stiff resistance from employees on any sort of mandate to return to the office. In PW’s most recent salary and jobs survey, respondents said that the creation of work-from-home policies was the most important benefit their company established during the height of the pandemic, and the overwhelming majority of respondents were concerned that their company would soon be requiring employees to be in the office for a certain number of days each week.

FY23 third quarter service performance scores covering April 1 through June 16, included: *First-Class Mail: 92.3% of First-Class Mail delivered on time against the USPS service standard, an increase of 1.3 percentage points from the fiscal second quarter. *Marketing Mail: 95.9% of Marketing Mail delivered on time against the USPS service standard, an increase of 1.4 percentage points from the fiscal second quarter. *Periodicals: 88.9% of Periodicals delivered on time against the USPS service standard, an increase of 2.4 percentage points from the fiscal second quarter.

The United States Court of Appeals for the District of Columbia ruled today in favor of Valancourt Books, a small Virginia publisher and AAP member company, in an important copyright case that rejects the Government’s argument that depositing books with the Library of Congress without compensation and under threat of substantial penalties is a condition of copyright protection. In reversing the lower court, the Appeals Court also rejected the Government’s position that abandoning one’s copyrights within the current legal framework is a viable alternative to avoiding the deposit requirement. The opinion found “mandatory deposit” (section 407 of the Copyright Act) unconstitutional as applied to physical books. In the case, the Library made repeated demands for copies of Valancourt titles under the pain of fines despite Valancourt’s objections that they would be costly to provide. The Court did not address the publisher’s First Amendment claim because it was unnecessary to do so. AAP’s amicus curiae brief in support of Valancourt was cited in the opinion.