By Chris Olsen

I had a conversation with the Washington Post and was quoted in an article about the controversial “memoir” of model and actress Kim Porter, who died in 2018 from complications of pneumonia. Recently, a man who claimed to have the rights to Kim’s story self-published “Kim’s Lost Words” via Amazon Kindle Direct Publishing (KDP) under a pseudonym. When Kim’s former partner Sean Combs was indicted, the connection led to a rapid rise in the book’s sales on Amazon. Kim’s family denounced the book and released a statement saying it was fabricated. A few days later, Amazon pulled the title. The Post article noted:

“‘We were made aware of a dispute regarding this title and have notified the publisher,’ an Amazon spokesperson said in a statement. ‘The book is not currently available for sale in our store.’”

Once published, a book never really goes away. According to the Associated Press, the so-called memoir reached bestseller status on Amazon, which means it’s in the hands of numerous readers. Only the retail giant knows the exact figure—it was published with an Amazon KDP-exclusive International Standard Business Number (ISBN), an identifier required for book publishing and distribution.

The Post’s pop culture reporter I spoke with, a traditionally published author herself, wanted to know more about the self-publishing process and how the book was approved for publication in the first place. Here’s how my comments were summarized:

“Unauthorized books such as ‘Kim’s Lost Words’ can easily find a home on Amazon, according to Chris Olsen, founder of Publish Her, an independent publishing company that guides authors through the self-publishing process. (Amazon founder Jeff Bezos owns The Washington Post.)

The journey from aspiring to published author can take just a matter of days, Olsen said. All one needs is two PDF files: one for the cover of the book and another for the book itself. Publishing industry standards need not apply.

When uploading book files to the Amazon platform, the company asks potential authors to acknowledge that they own the rights to the content they are uploading.

‘You basically click a button,’ Olsen said.”

Aside from noting how long it typically takes for a book to be available to the public, the reporter did not include my comments about the review process itself.

Mary Rasenberger of The Authors Guild, an advocacy organization for writers who was also quoted in the article, noted that Amazon KDP “does have some tools in place that trigger an investigation into potentially libelous material,” but that “the most effective way to get a bogus book taken down is reader complaints.” What Mary fell short of saying is that Amazon KDP uses artificial intelligence to flag questionable content for further review, but when AI fails (and it fails often), it relies on consumers—real humans who buy and read the books—to do the work.

Here’s what else was not included in the article and what authors can learn about self-publishing from this example:

Don’t Publish Illegal or Infringing Content

The author claimed the content was taken from Kim’s diary and that she gave permission to publish it, but it’s unlikely he owned the copyright to it. Beyond acknowledging they own the rights to the material, users are agreeing to all Amazon KDP’s terms when they click the button to publish. Ultimately, if the author/publisher/selling partner violates the terms, they are legally responsible.

Steer Clear of Obviously Offensive Content

According to a story in the Daily Mail, “Kim’s Lost Words” included details about her former partner’s lurid behavior with minors and other themes typically rejected by Amazon KDP. While its website notes, “As a bookseller, we believe that providing access to the written word is important, including content that may be considered objectionable,” the retail giant does consider some subjects offensive.

Avoid Using AI-Generated Content

It’s not clear whether portions of the Kim Porter book were generated by AI, but in general, it’s not recommended. Self-published authors must disclose whether the content was AI-generated when submitting files for review on Amazon KDP, and it may be flagged for plagiarism. It’s worth noting that AI-generated is not the same as AI-assisted, which refers to the use of tools to edit or refine text or images and is acceptable in publishing.

Beware of Publishing Public Domain Content

While it may not apply to the book in question, someone else’s work may be included in your book in some instances. Permission is not required for content that falls within the doctrine of fair use (e.g., short quotes), nor is it required for works in the public domain (e.g., anything published more than 85 years ago in the U.S.). Amazon KDP does allow public domain content, but there are some caveats, which are listed on its website.

Ensure Your Book Meets Publishing Industry Standards

The majority of books self-published on Amazon KDP (and in general) do not meet publishing industry standards. This is primarily because authors don’t know (and in some cases don’t care) what they are, but also because the platform’s criteria for approving books don’t include evaluating elements professional publishers do, like editing and design. If they did, “Kim’s Lost Words”—a mere 59 pages and full of typos and errors—would not have made the cut.

Final Thoughts

Legitimate authors don’t disregard publishing law or defame the deceased to make a quick buck or reach bestseller status. Navigating the self-publishing process can be a challenge, but there are many free resources available to support you in publishing a book you can be proud of. Check out these articles from Publish Her:

• Amazon KDP vs. IngramSpark: What’s the Best Platform for Self-Publishing Your Print Book?
• Basic Copyright Law for Writers
• Developmental Editing, Line Editing, Copy Editing and Proofreading Explained
• Does Your Book Content Measure Up? Publishing Industry Standards Every Author Needs to Know
• Does Your Book Look Professionally Produced? Publishing Industry Standards Every Author Needs to Know
• Fair Use: What Authors Need to Know About Copyrighted Materials and Permissions
• Seven Steps for Creating a Grade A Book Cover

Photo: Chris Weeks for Getty Images