Pub Rants

Category: Publishing/Publishers

How Enhanced Ebooks Will Cause Havoc

STATUS: It’s 8 p.m. and I’m still working…

What’s playing on the iPod right now? KISS by Prince and The Revolution

In this instance, I’m not relieved to have my assumption proven right. When the first mention of “enhanced” ebook emerged, it became immediately apparent (to me at least) that an enhanced ebook is a multimedia product. A subright agents always reserve for the author.

Agents reserve these rights because in order to do a book-to-film deal, you have to be able to grant multimedia rights to the film studio as part of the grant of rights for the option.

This was reinforced for me today as I reviewed film contract with a major studio. Sure enough, in the rights reserved to the author section, I found this clause:

Electronically Read Editions: The right to publish the text of published print editions of the Property via the Internet and in the form of CD-ROM, DVD, videocassette tape or similar electronically read devices individually purchased by the end-user. Such electronically read editions may not contain moving visual images (other than the text) or audio tracks of any kind.

Look at that last sentence. Here it’s clearly stated in the film contract that the ebook cannot have any animation or sound element.

Well, guess what publishers would like to have with an enhanced ebook? Yep. We’ve got a problem, Houston. If publishers dig in on this and this is the studio’s stance, well, granting a publisher a not-clearly-defined enhanced ebook right (which is multimedia) could derail a film deal.

Luckily for me on this contract, it’s not an issue as the deal in question has a publishing contract that predates any of this recent hoopla.

But it’s clear that this is going to be an issue in the future.

Communicate Before You Offer For Free

STATUS: Been reviewing a film contract which pretty much makes me cross-eyed by the end of the work day.

What’s playing on the XM or iPod right now? OVER THE RAINBOW/WHAT A WONDERFUL WORLD by Israel Kamakawiwo’ole

Before you head off to post a free novel on your website, you might want to spend some time learning about the pros and cons of doing so.

In my opinion, yesterday’s post is probably most useful for writers looking to break in. If you are already traditionally published and have a publisher, this could be of value but you need a clear plan and the blessing of your publisher.

There are some contractual things you need to keep in mind before you post stuff for free or embrace Creative Commons or pursue other online experiments. Since the beginning of the year, author Cory Doctorow has been chronicling his experiences with free electronic books in Publishers Weekly.

If you haven’t had a chance to read his monthly columns, I think they are definitely worth a read. Here is a link to get you started. There’s no need for me to repeat what Cory says in his articles and so much more eloquently.

One of the things I want to highlight is that Cory is embarking on this documented journey with the full knowledge and support of his publisher Tor/Forge. As a published author, you have terms in your traditional publishing contracts that you must abide by. Posting things for free could get you in trouble. For example, a non-compete clause. Depending on how that’s worded and what the parameters are in your contract, uploading free material could be deemed a competing work with what your publisher is currently publishing for you. Or it might not.

My suggestion? Be sure to have full communication with your agent and your editor about your desire to explore these kinds of avenues. My guess is the publishers are keen to see what authors can do with creative endeavors but would be less enthusiastic if kept out of the loop.

An ISBN That Could Hurt

STATUS: Okay, still haven’t remembered the entry I had planned to do on Friday. How lame is that?

What’s playing on the XM or iPod right now? MANIC MONDAY by Finn Wallace

This weekend I was at the Pikes Peak Writers Conference in Colorado Springs. I consider that one and Rocky Mountain Fiction Writers to be my hometown conferences and so I almost always attend.

This year was perfect. Sara popped down on Saturday to take pitches all day (and she was hugely popular!) and I just got to have fun by teaching two workshops. On Sunday morning, I sat on a panel entitled Industry Changes with Scott Hoffman from Folio and Kathleen Gilligan from Thomas Dunne Books.

Since you can’t talk about industry changes without talking about electronic books these days, that pretty much dominated the conversation (and a lively one at that!).

One participant asked a particularly interesting question. She asked what the three of us thought about a writer putting an entire novel out on the web to build an audience.

I have a feeling that some of you might be interested in our response. I can’t speak for Scott or Kathleen but I’m happy to share some of my thoughts on the topic.

1. In general, I have no problem with writers giving out material for free to build a following. I’m a little bit leery about having an entire novel out there for everybody to read but it’s not going to destroy your chances of doing traditional publishing later. In fact, if you can track the number of downloads and can prove that thousands of people have voluntarily downloaded and read your novel, well, that just might be an interesting way to catch an editor’s attention. It would probably catch my attention. However, it would have to be verifiable—as in we can’t just take your word for it.

2. Another possibility is to have the writer serialize the work (as in only give portions of the work at a time to a subscription list) if intending to pursue traditional publishing later for that same work. That way the work in its entirety isn’t easily available online.

3. Along the same line of thought, a writer might put a novel out there that will always be available for free and use it to platform a totally different second novel that the writer plans to use to explore the more traditional publishing route.

The above discussion led (as you can imagine) into what we thought about self-publishing a work to build a similar audience. As self- publishing becomes more professional, accessible, and easy to manipulate, it certainly wouldn’t surprise us if writers were to explore this as a possibility.

Here’s something to keep in mind though (besides the fact that self published books need solid marketing efforts to succeed). Self-published books (through Lulu or similar) are assigned an ISBN—a sales identifier for that work. And here’s where the ISBN could hurt you. Once a book has an ISBN, then sales of that book can be tracked on Bookscan. If the books sell thousands and thousands of copies, not a problem but if the book sells only 20 copies, this could potentially make the road to traditional publishing more difficult. Editors often check Bookscan when considering previously published writers. Book Buyers at the major chains are looking at these numbers as well.

If the sales record is strong, no big deal; if it’s not, those low sales could create a roadblock unless the writer is willing to change his/her name to start with a clean slate.

I’m putting this out there because I imagine a lot of writers contemplating this route might not have considered the potential ISBN trap.

Update Potpourri

STATUS: Today I worked on finishing a contract (pre-new boilerplates) which did conclude. I really tackled emails in my inbox as well. Now I just have to tackle the slew of royalty statements we get in April.

What’s playing on the XM or iPod right now? GREETINGS TO THE NEW BRUNETTE by Billy Brag

Today is a little potpourri of things.

1. Penguin Australia issued a more formal apology for Cookbook misprint. Sounds like a PR person got a hold of the situation. Grin.

2. Foreign rights co-agent did not make it to London (as you probably have already guessed). On the upside, perhaps more folks will come to BEA at the end of May. As you can imagine, reports from the LBF floor have been quiet. Great for the folks who did make it there though. Will the lack of a robust LBF deter foreign sales? Well, nothing beats conveying enthusiasm for a title in person so that’s the downside for sure. On the whole, I don’t think so. It will be hard to have the “big book of the fair” but I imagine most sales will get done via email and phone.

I don’t envy their journey home…

3. Business has resumed in Poland. We’ve been careful about waiting but today we got emails from folks in that territory so we felt comfortable resuming communication, negotiations, etc.

4. In watching Deal Lunch for the last couple of months, I’m starting to see quite a few more sales listed than I have in the past months. This is a good sign as I take it to mean that editors are starting to get back to buying.

The Importance Of Proof Reading

STATUS: Hubby got me XM radio at the office for my birthday! I’ve wanted this for a while. I now have access to fun stations such as Indie/College/Unsigned and UK Pop hits. If I’m in the mood for maudlin, I could play love songs 24/7. How about Spa: New Age. Oh this is going to be fun.

What’s playing on the XM or iPod right now? 40 DOGS (LIKE ROMEO AND JULIET) by Bob Schneider

As all writers should already know, spell check is your friend but it’s not a savior. If the typo is one that won’t be caught by a simple spell check program, you might be in a world of trouble.

A fact that Penguin Australia recently discovered when they had to reprint 7000 copies of a cookbook…

Most people should laugh as that’s quite the whopper of an error but part of me thinks that maybe Mr. Sessions should have consulted with a PR person and just admitted some mortification over the snafu rather than making a statement that he didn’t understand why people might find the error offensive. Err on the side of sensitive I’m thinking.

Just an observation. Grin.

When Contracts Directors Have A Sense Of Humor

STATUS: Off to a terrific start today.

What’s playing on the iPod right now? STAY UP LATE by Talking Heads

From a lot of my posts lately, I imagine that you think all my recent conversations with contract directors at the big houses have been contentious.

In reality, that hasn’t been so. I have to say, that I personally like all the contracts directors at the major houses. They are under the gun and yet they’ve handled differences of opinions with good temper, grace, and with reason—even if I don’t agree with their stance.

In fact, one of the contract directors from a big six house even made me spit coffee and sputter with laughter in our last conversation.

When I mentioned that I didn’t agree with the 25% of net publishers were currently sticking with and that I was not inclined to accept the same percentage if we were to negotiate an expanded or enhanced electronic book, the director, totally deadpanned, quipped in return that I must obviously share his opinion that the split percentage to the author should be lower for an enhanced ebook as they are more expensive to produce.

I was so surprised that I just burst out laughing as did my contracts manager. You gotta respect a contracts director with a sense of humor. Grin.

A Difference of Opinion I’m Sure

STATUS: Just a twinge of a cough remains. Kristin—9 flu—1

What’s playing on the iPod right now? HOME by Daughtry

Rumor has it that several of the big 6 publishers are coming out with new boilerplate contracts in the next couple of weeks. I know for sure that Hachette is working on a new one as is HarperCollins.

With these new “boilerplates,” I already know there is going to be a significant difference in opinion about what a Publisher thinks is a boilerplate item and what an Agent will consider as a boilerplate item versus a right that needs to be negotiated up front.

I have a feeling (call it intuition—snort) that the definition of what constitutes an “enhanced ebook” or a “multimedia product” (that’s a new catch phrase I’ve been hearing as of late) will be at the center of these new boilerplate contract debates between publishers and agents.

I, myself, have yet to see a new “boilerplate” contract but am waiting with bated breath… Oh being an agent is just daily fun.

How I Know The Tipping Point For eBooks Is Here Or Very Near

STATUS: Two contracts to wrap up and 270 emails to go in the inbox. Feeling significantly better after a lot of rest this weekend. Kristin–7 Flu–3

What’s playing on the iPod right now? NEED YOU TONIGHT by INXS

As you folks know, I’ve been on planes quite a bit in the past month. And here is how I know that the tipping point is potentially here (or near) where eBooks are concerned.

On one leg of my trip, I sat next to a 60+ grandmother (by her own admission) who saw me reading on my Kindle.

Grandmother: “That’s a new eReader, isn’t it? Where did you get that?”

Me: “This particularly eReader is called a Kindle and I bought it through Amazon but Sony and BN and a couple of other companies sell eReaders as well. You can buy them online at Amazon or go into Best Buy etc.” [For the record, I do try and promote equal opportunity purchases for electronic readers! I even mentioned the iPad.]

Her: “I read at least 3 novels a week! I’d love not to have to carry all these books around. I’m going on a cruise this week. [Leaning over to look at the text on my Kindle] Looks like you can up the font on that.” I gotta get me one of those.”

Me: “Yes, you can change the font size.”

Her: “That does it. I’m asking for it for my birthday and Mother’s day combined. If my children can buy a $200 game program for my grandkids, they can buy me one of those.”

In chatting with her a bit more, this grandmother was from Pueblo, Colorado—a smaller but good-sized town in South Colorado. Probably not too far off the core of “middle America.”

When I’ve got an older grandmother expressing unabashed enthusiasm in owning an eReader, I can’t help but think the tipping point is near—even if current electronic sales only equal about 2% of the market right now (statistic via a recent PW article).

I think a lot of us assumed the older generation would be the luddites where this new technology is concerned but through my anecdotal experiences, I’m not finding that to be true…

Burning Question about Agency Commission Model

STATUS: TGIF!

What’s playing on the iPod right now? BEEN CAUGHT STEALING by Jane’s Addiction

As you can imagine, I’ve been having a lot of conversations with various Contract Directors at all the major publishing houses as of late as we navigate contract negotiation.

I was in discussion with one person from a Big 6 house and we got to talking about returns with electronic books. Were they going to be allowed on the agency commission model that publishers have with entities like Apple?

According to this contracts person, the answer was yes.

So I asked what I thought was a rather pertinent question. I said, “if Apple allows returns and they’ve already deducted the 30% agency commission from the sale, how will the publisher know that the commission should have been refunded to them for the returned-sale of that title?”

Contracts person: “Good question.”

Glad I could be of some help…

We Interrupt This Q&A

STATUS: Off to Italy tomorrow but I will try and blog.

What’s playing on the iPod right now? TELL ME WHAT by Fine Young Cannibals

To give you a real rant. Today I found out that Penguin is no longer sending out final contracts electronically in locked PDF.

Why? Because some unethical agent decided to tamper with the e-lock and then make unauthorized changes in the contract before sending on to a client for signing.

Now the rest of us have to go back to the stone age of having things mailed (unbelievable!) to us.

Unethical agent, I want to hunt you down and slap you upside the head.

Now, I have argued with Penguin to create an “approved agents list.” I’m sure there are many agents like me who have more than proven that we don’t contract tamper and can be trusted with a locked electronic PDF for final contract.

I’m so annoyed by this, I can barely type. And other publishers, please don’t take this step backwards. There is a lot of technology out there that could resolve this issue. Use it. Going back to snail mail is costly—and I do mean in actual dollars.