Pub Rants

Category: electronic books

Where “In Perpetuity” Might Come Back…

by Kristin Nelson

STATUS: It’s Friday! This would be more exciting if I didn’t have plans to work all weekend. Need to catch up from being away the week prior.

What’s playing on the XM or iPod right now? JEALOUS OF THE MOON by Nickel Creek

And bite you in the a**.

Not to be a downer on the Friday but a lot of authors are super excited about getting their rights reverted and then being able to digitally publish those titles themselves.

By all means, I’m certainly not opposed but you might want to check that agency agreement you signed before you run out and do that.

For the record, Nelson Literary Agency does not hold author rights into perpetuity but I know of a lot of agencies that do.

At NLA, our client agreement clearly states that if we sell the author’s book, it’s for the full term of the publishing agreement. When the book is out of print, publishing contract ends, all rights revert to the author with no further obligation to us.

But we are the minority. I know a lot of agencies that have “in perpetuity” language that they will be the agency of record for life of the property—regardless of whether that title is currently under a publication contract or not.

In short, what this means is that even if all rights to a title has reverted to you from the publisher, and even if you are no longer with that agent or agency, if you signed an agency agreement separate from the publication contract that has an “in perpetuity” clause and that agreement is still in force, you owe the agency of record monies for your self-pubbed digital sales.

Yep, that would suck. So, review any and all agency agreements you signed and if necessary, consult an attorney if it is in question before posting to digital distribution sites.

Who’s Got Problems? Dorchester Has Problems

by Kristin Nelson

STATUS: I’m listening to Chill on XM. This station is new to me. Do I feel calmer? Hum…

What’s playing on the XM or iPod right now? TAMELESS by Yonderboi

Sadly, Dorchester Publishing has been in the news again recently. I’m sure most of you have already seen the headlines as it certainly is not a secret that Brian Keene called for a boycott of the publisher because unauthorized editions of Keene’s digital editions were being sold after the rights had reverted to him.

I can confirm that the same has happened to several NLA authors whose rights had also reverted.

In response, Dorchester vows to make it right.

Last Thursday, I was on a conference call that detailed Dorchester’s current financial situation where I also brought up this issue.

Currently they are paying royalties owed to what they call “currently active Dorchester authors” (ie. authors whose rights Dorchester currently has under contract and can exploit). I also received confirmation that those payments are happening on a weekly basis.

However, Dorchester owes a tidy sum of back royalties to what are called “non-current inactive authors” (ie. authors whose rights have reverted) and as of Thursday’s call, there is no plan in place to pay these past royalties owed.

I imagine that this is partly what CEO Bob Anthony is referring to when he mentions that they’ve needed to prioritize cash flow and in the end, one can hope that Anthony’s vow that “all authors will be paid in full” will come to pass.

Given past actions by the company, Mr. Keene and other authors remain skeptical.

Joe and Barry Talk Role of Agents

by Kristin Nelson

STATUS: I think my phone receiver might be permanently glued to my left ear. For the last two days, I’ve literally averaged about 6 hours on the phone.

What’s playing on the XM or iPod right now? ANTARCTICA ECHOS by Vangelis

If you haven’t read the conversation between Mr. Eisler and Mr. Konrath that might be posted everywhere by now, I highly recommend it. It’s long but it’s also a very interesting read regardless of your own personal sentiments on the subject of self-publishing and Eisler’s decision. There is also another interview up on The Daily Beast that sheds a bit more light on his decision.

As I know both Barry and Joe, they probably won’t mind my pulling out an excerpt from their conversation and resposting it here. This section touches on what they see as the potential evolving role of the literary agent:

Barry: To turn a manuscript into an actual book and get it into the hands of a reader, we still need an editor, line editor, copyeditor, proofreader, jacket copy writer, bio writer, cover art designer, and digital formatter. Plus there are various marketing and sales elements, too. You manage all these functions yourself, and this is one way in which I’d argue that you really are, if not exceptional, then at least unusual.


Joe: I wouldn’t disagree with that.


Barry: So as legacy publishing dies out, where will other writers turn to for assistance with the critical functions I mention above?


Joe: We’ve talked about this before.


Barry: I know. I was trying to prompt you in an unobtrusive way.


Joe: Right. Okay, unobtrusively, I think agencies will morph into what I call E-stributors.


Barry: I agree with the concept, even if I don’t like the nomenclature.


Joe: You don’t like “print,” either.


Barry: Not when you’re talking about paper. There’s paper print and digital print. I think the better distinction is between paper and digital.


Joe: I know, I know. Anyway, E-stributors will be a combination of publisher and manager, handling all the elements you mention above for authors who don’t want to manage those elements themselves. The ones that do it well will probably be able to make a good case for keeping their 15% cut.


Barry: As opposed to legacy publishers, which are keeping 52.5%.


Joe: Yes. Hard to see how legacy publishers will be able to compete with the digital model being adopted by agencies. They’d have to morph into E-stributors themselves, which would be a huge challenge given their attachment to a paper infrastructure. More likely, you’ll see the most entrepreneurial editors jumping ship and joining agencies.

Given my current job *grin *, I wanted to spotlight it and ask, what else do you think would make an agent worth their 15% in a model like this? I have a feeling I’m going to find the answers very fascinating.

News Flash: Google Settlement Rejected

by Kristin Nelson

STATUS: Talk about chat in the blogosphere. Rumors has it that internet ePublishing phenom Amanda Hocking might be on the verge of accepting a 7-figure deal with a major traditional publisher and traditionally published Barry Eisler is foregoing SMP deal and moving to digital only.

What’s playing on the XM or iPod right now? SYMPHONY No. 3 –LARGO by Gorecki with Royal Philharmonic Orchestra

In the other big news flash of the day (she says facetiously) is that the Judge Denny Chin rejected the Google Book Settlement. In the end, he said is main issue could be ameliorated by changing the settlement from an opt-out process to an opt-in.

As this issue hasn’t been actively discussed in 13 months, I suggest reading the article and re-familiarizing yourself with all the arguments, issues, and objections. This case is definitely not dead. I imagine we’ll see a something new put forward in the not so distant future. As Judge Chin points out, such a settlement would give Google an unfair competitive advantage (definitely not a news flash for anyone following this case), and Google won’t want to let go of that easily.

In an interesting side note, Scribd has the rejection filing posted in its entirety for reading on their site. This alone might underscore Judge Chin’s position on unfair advantage.

Winning The Publishing Lottery?

by Kristin Nelson

STATUS: The great thing about rainy days and Mondays is that you don’t mind working when that is the case!

What’s playing on the XM or iPod right now? TIME & TIDE by Basia

As you folks know, as an agent, I’ve pretty supportive of self-publishing. I’ve discussed JA Konrath and his efforts on my blog and provided links to his blog. I’ve taken on self-published authors–even way back in 2004 when it was not the “cool” thing to do. I’m not remotely threatened by the transformation that electronic books are creating in the publishing realm and the opportunities it creates for some debut authors who don’t go the traditional route.

In short, I’m fairly levelheaded and sanguine about this whole topic but I have noticed a rather worrisome trend as of late. There seems to be a rather skewed perspective that ANY author can make it rich, be successful, if they just eschew traditional publishing and forge ahead in the electronic world.

It’s as if these voices completely forget about the amount of marketing and promotion that successful self-publishing authors such as Konrath, Doctorow, McQuestion, and Hocking have done. It’s like they have the assumption that all these authors did was throw some manuscripts up on the web and the money just started rolling in. On top of that, there’s an attitude that these authors stuck it to the publishing man—a finger to the perceived “gatekeepers” of the industry.

I thought Amanda Hocking did a thoughtful post on this that is definitely worth reading.

And I just want to add one other thing. Regardless of whether an author self-publishes or pursues traditional publishing, some writers just win the publishing lottery and their books become major successes.

We honestly don’t know why that sometimes occurs; and even more telling, why it sometimes doesn’t occur—even for some really good books. It’s basically a mystery. (And of course I know every blog reader can point to one book they think is totally awful and was a big success. Truly a mystery!)

So yes, I totally believe that statistically, some authors will self-pub and become great successes with huge numbers. They have, in essence, been one of the lucky ones to win the publishing lottery.

Ebooks Gone Wild

by Kristin Nelson

STATUS: I don’t know what to do with myself! I’m literally caught up on all queries, all sample pages, and I’ve responded to every full we’ve requested. Maybe I should just revel in the moment….

What’s playing on the iPod right now? SEX ON FIRE by Kings Of Leon

We are getting our latest round of royalty statements. Our biggest months are Feb/Aug and April/Oct.

All I can say is whoa. Who turned on the ebook sales? In five years, I’ve never seen numbers like I’m seeing from the past 3 or 4 months. Ereaders were THE gift this holiday season is what I’m thinking. About 6 months ago I said the tipping point was near. I think it’s here.

Could Be Interesting For Discussion

by Kristin Nelson

STATUS: TGIF!

What’s playing on the XM or iPod right now? TURN YOUR LOVE by Jack Johnson

If you are a regular blog reader, you’ll know that I’ve mentioned JA Konrath’s on-his-own foray into e-publishing and the success he has had. Links here and here for that. The world of publishing is shifting almost daily.

Today Writer Beware talks about a series of recent articles in the news about self-pubbing and the importance of context. Konrath and Strauss both add nice analysis to the on-going dialogue so wanted to share the link.

2011 is going to be one interesting year I think!

21st Century Whack-A-Mole

by Kristin Nelson

Status: I conked out early yesterday before I could blog.

What’s Playing on the XM or iPod right now? WHITER SHADE OF PALE by Annie Lennox

In this digital age, pirating is lightning fast. Mari Mancusi’s NIGHT SCHOOL literally went on sale yesterday and within hours, you could illegally download it in a pirated digital edition. We clocked it.

And even though it feels futile, like 21st century whack-a-mole, authors can’t afford being complacent when it comes to pirated digital downloads. Literally.

Best defense is to track via something like Google alerts then notify the publisher. Most have a division that notifies infringers and gets the sites removed. (Yes, I know a new site will appear within a day but it still disrupts them.) If there are advertisers on the site, notify them of the copyright violation. I know that legit advertisers have pulled out of sites that are violating the copyright.

Also important is to educate fans. A lot of young people, in the age of napster, see it as a victimless crime. It hurts the livelihood of artists and that is a detriment to all of us in the long run.

If fans abroad are having trouble legally downloading an edition, check with your publisher or agent on where the digital edition is available and get proactive on disseminating that information. At some point, even loyal, ethical fans can get frustrated enough to buy the non-legal version. I get that so do what you can to help the situation. In general, publishers are moving on territory restrictions and availability issues but they are having trouble keeping pace with almost weekly change.

Oh, That Google Thing

by Kristin Nelson

STATUS: I’m blogging before 5 p.m. I’ll call this a great day! I demonstrated restraint as I did not have an eggnog chai today….

What’s playing on the XM or iPod right now? SHEPHERD’S PIPE CAROL by Bryn Terfel

Actually, just one of the many Google things as of late but this one is definitely worth a blog post. Long awaited and much expected, Google announced the launch for Google eBooks (formerly Google Editions).

An eBookstore to rival Amazon and Apple. According to the press release, it is the largest eBook provider offering up to 3 million books for sale and download (many of which are in the public domain). Click here for the article.

According to the president of ABA, this latest game changer can benefit Indie booksellers the most. They now have access to a store platform that will allow them to sell eBooks from their stores (about time!). It’s also the first eBookstore that’s not directly connected to a specific eBook reader. And, according to the release, publishers can sell traditionally or through agency model (see sidebar tag for electronic books for more discussion on that issue.)

Now if we can just get everyone to agree on a specific eBook format… Hey, I can dream, can’t I?

Most Favored Nations

by Kristin Nelson

STATUS: Just finished up two contracts today. Always a great feeling.

What’s playing on the XM or iPod right now? CHRISTMASTIME by Stevie Wonder

With all the changes in the publishing world, this might be a buzz word you’ve heard thrown around lately. Agents are often including Most Favored Nation clauses in publishing contracts where it relates to electronic books.

It’s actually an odd term for it but including it often protects our clients. A quick stop at Wikipedia will give you an in-depth definition of the term. It’s most often used in international economic relations. In short, it means that if the US has a most favored nation status with a state, that state will not be treated less advantageously than any other country the US has trade relations with. They would get the same tariffs, quotas, or breaks etc.

And yes, it’s more complicated than that but you just need the cliff notes version for how I want to talk about it. Great. Most Favored Nations. International economics. What does this have to do with publishing and electronic books?

I’m getting to that. There are various ways to structure the clauses but in general, when an agent includes a most favored nations clause, it means the author will not be subject to a less advantageous electronic royalty rate than any other author at that Publishing house.

TGIF! Have a great weekend.