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I've been wondering if someone wanted to publish PFRPG compatible PDFs, are there any legal hoops to jump through (in the U.S.). (I mean other than using the PFRPG Compatibility License.) Would someone need to register their publishing company with the government? Fill out a tax form? Hire OJ's legal team? Or can the aspiring publisher just make the PDF and slap it on the internet for sale? Thanks!
Creative Director
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I've been wondering if someone wanted to publish PFRPG compatible PDFs, are there any legal hoops to jump through (in the U.S.). (I mean other than using the PFRPG Compatibility License.) Would someone need to register their publishing company with the government? Fill out a tax form? Hire OJ's legal team? Or can the aspiring publisher just make the PDF and slap it on the internet for sale? Thanks!
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Thanks for your reply James! But I meant legal issues OTHER than with the Compatibility License. I mean, can I just make a PDF and put it up for sale, without worrying about federal or state authorities knocking on my door? Do I have to file any legal documents (such as an application for a business license)?
Sebastian: Your check is in the mail!
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Creative Director
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Thanks for your reply James! But I meant legal issues OTHER than with the Compatibility License. I mean, can I just make a PDF and put it up for sale, without worrying about federal or state authorities knocking on my door? Do I have to file any legal documents (such as an application for a business license)?
Sebastian: Your check is in the mail!
Ah! That's a good question. The ramifications of being self-employed are pretty complicated, more than I can go into here (I have a Pathfinder to prep for edit, after all), but you'll certainly want to look into what it means to be self-employed. Hopefully some folks will pop in here with some helpful links?
Ah! That's a good question. The ramifications of being self-employed are pretty complicated, more than I can go into here (I have a Pathfinder to prep for edit, after all), but you'll certainly want to look into what it means to be self-employed. Hopefully some folks will pop in here with some helpful links?Thanks for your reply James! But I meant legal issues OTHER than with the Compatibility License. I mean, can I just make a PDF and put it up for sale, without worrying about federal or state authorities knocking on my door? Do I have to file any legal documents (such as an application for a business license)?
Sebastian: Your check is in the mail!
The main thought first you have to decide when you want to sell a PDF and publish it yourself is how do you want to do business. Do you want to just have it all under your name, do you want to start a business and if so what type? Each of these items has requirements...
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The main thought first you have to decide when you want to sell a PDF and publish it yourself is how do you want to do business. Do you want to just have it all under your name, do you want to start a business and if so what type? Each of these items has requirements...
What the difference between doing it under your name and starting a business?
Zoot, this might help answer some of the very basic questions.
SBA small biz planner
Very... very basic. Yes. :)
I too would be interested to hear any insights or advice from those who've been through that wringer.
There is some legwork you have to go through, but it's not that difficult. We filed our legal paperwork using Legal Zoom for starting a business, received our EIN/tax ID number, and were good to go. We also met with a financial advisor and a banker. If you want to do this as a business and not just a fan, it's a good idea to have all your ducks in a row before you start.
Your local Secretary of State corporation/business division may be able to help you out, to determine if you need to obtain a business license, and could help to point you towards any other fees or taxation questions.
In Oregon, our Secretary of State publishes a handy little guide to starting a business.
Generally speaking, if you're personally receiving an income, be it from a kool-aid stand in your yard, or from selling things you purchased or made, it's taxable income, and you need to report it to requisite taxing bodies (IRS, etc.).
Everybody wants their cut - some cities and counties have additional requirements/fees/taxes.
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Many countries handle these things differently. I am an Accountant in the UK, I'm self-employed and pay my taxes through the HMRC like everyone else in the UK. Here becoming self employed is a simple single form completion and registration. We pay our taxes differently to the US with a national insurance contribution and tax amounts based on a yearly NET income.
As for Publishing rules/licences I've never personally looked into such things but I would imagine as long as you adhere to copyright/licencing laws you can produce PDFs for sale as often as you like.
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Thanks to everyone for your replies!
Perhaps I should tell you all my intentions: I want to put some PDFs together and put them up for sale. I don't expect to make any money. But if any money is made, it will go back into the business to make a better product, not to line my pockets. I'm not trying to make money. Can I register as a nonprofit business?
Don't do it.
From your comments, with all due respect, it sounds like you're completely unprepared to run a business.
There is a difference between being a publisher and being published.
Being Published means having something you designed out and available for gamers to use -- and it's what most gamers are talking about when they talk about "publishing." It's very satisfying, having something you created used by other gamers.
However -- Being a Publisher is an entirely different thing. It means running a business. It means line planning; liaison with vendors and freelancers; setting budgets; planning marketing; drawing up contracts; and running accounts payable and receivable... among, many, many other things.
Most gamers want the former, and have no concept about the latter. You're better off finding a publisher who accepts outside submissions (a few have posted on this very forum), and going through them to get your work released.
Sorry to be a wet blanket, but those are the facts.
Thanks to everyone for your replies!
Perhaps I should tell you all my intentions: I want to put some PDFs together and put them up for sale. I don't expect to make any money. But if any money is made, it will go back into the business to make a better product, not to line my pockets. I'm not trying to make money. Can I register as a nonprofit business?
Doubtful.
Non-profits have to provide a program or service that is of public benefit. RPGs aren't, sadly.
Stuff
This really doesn't help someone who wants to self-publish, and at the same time, keep themselves in the clear as far as business/legal issues go.
For someone who just wants to put out a PDF, doesn't want to give it away, and at the same time, doesn't want to run afoul of the IRS for not filing a tax return because they sold something for "profit", they don't really need to construct a business plan, or do line planning, etc.
Not that these are bad things, but all of those are far above and beyond what a lot of small-press/amateur publishers NEED to do.
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StuffThis really doesn't help someone who wants to self-publish, and at the same time, keep themselves in the clear as far as business/legal issues go.
For someone who just wants to put out a PDF, doesn't want to give it away, and at the same time, doesn't want to run afoul of the IRS for not filing a tax return because they sold something for "profit", they don't really need to construct a business plan, or do line planning, etc.
Not that these are bad things, but all of those are far above and beyond what a lot of small-press/amateur publishers NEED to do.
Thank you, Brian. The idea is to start out small and see where it takes me. If I end up running a full-fledged publishing company, that will happen organically, with growth, and over time. For now, I'm just worrying about getting one to four PDFs made.
Zootcat, I'd advise you to download 12 to midnight's '10 points on publishing' (name may not be entirily accurate), it is free and has a ton of advice for you.
And Gareth has some valid points, freelancing is sometimes the better solution.
Can you put up a link for the 12 to midnight's '10 points on publishing, I did a Google and was given nothing of relevance to the subject, I myself have been working on a few ideas for a couple years now, and was wondering what it would take to get PDFs out there, like on RPGDrivethru and other sites.
I've been wondering if someone wanted to publish PFRPG compatible PDFs, are there any legal hoops to jump through (in the U.S.). (I mean other than using the PFRPG Compatibility License.) Would someone need to register their publishing company with the government? Fill out a tax form? Hire OJ's legal team? Or can the aspiring publisher just make the PDF and slap it on the internet for sale? Thanks!
Just wondering but do you want to run a business OR make RPG material?
I decided to publish under a company name because that was a dream of mine, but also because everything I saw out there was by companies and not individuals. To cover my bases, I got a local (county jurisdiction since I did not have a storefront) business license and listed "internet publisher" with no assets or overhead. It cost me $38, plus the $50 to advertise a fictitious business name. Now that I have it, I am in the clear for 5 years until I have to renew. As for taxes, where I am at I must reach a certain amount ($5000 I think, without looking at the paperwork) before I need to report it to the government and pay tax on it. (Still waiting on my sales to reach $500, let alone $5000, damn slow economy)
I personally wanted to wait until I had the license until I filed the OGL paperwork just to make sure everything was legit. Destiny Games is another independent publisher who can help answer some questions, they were a fountain of information for me. (www.worldofdestiny.com)
Hope that helps!
Jeff G
Blackbyrne Publishing
It's not so very hard, depending on the route you choose. Read up on business types (sole proprietorship, partnership, corporation), check on a business license, research your company name and prospective URL (might as well grab it, right?) to make sure there's no major conflicts, etc.
Acacia Games (www.acaciagames.com) was easy for me because I had an existing company under which my real, money-making business operates (www.acaciarg.com). Both of these are d/b/a for Acacia Communications, which is a partnership registered in WA. It has a federal id, a set of books, etc.
I say it's not so hard but I'm able to say that because I have a very smart wife who is well-versed in such things - and who operates that real, money-making business I was talking about while I mess about doing free-lance work and make gaming stuff on the side.
So, maybe that's the first step. Get yourself one of those!
M