Pub Rants

Category: Publishing/Publishers

If I was looking for evidence of how powerful Amazon has become in the book-selling market, then I don’t need to look much further than the news I received yesterday! Gail Carriger’s Finishing School Series hit the New York Times young adult series list. [ETIQUETTE & ESPIONAGE, CURTSIES & CONSPIRACIES, and WAISTCOATS & WEAPONRY]

So what you might ask. Agent Kristin always has titles hitting the NYT list (Ha! I wish that were true.) But it happens often enough that I’m guessing folks aren’t surprised to hear the news. So why is last night’s news a big deal?

It’s big because of the timing of the hit.

As a general rule, unless a title is a big perennial seller, titles don’t hit the list except during release week and the immediate weeks following. That’s when any given title is going to have the most number of sales (in a short period of time) to catapult it on to the NYT list.

But in Gail’s case, Waistcoats & Weaponry was the last title to be released and that happened in November 2014. It’s months after the release. So then the question becomes, what caused it?

I’ll tell you. It was the Kindle Daily Deal for Etiquette & Espionage that happened last week. Thousands and thousands of ebook copies sold during a short period of time. As we can now see from yesterday’s news, it was enough to propel the whole Finishing School series onto the NYT list. (FYI – once there are three books or more in a given series, then an individual title can no longer appear on the regular NYT list. It can only hit the NYT on the Series List.)

Hubby and I went out to dinner to celebrate my 35th New York Times bestselling title/appearance. I do tally the first appearance of a series on the NYT list, attributing “the hit” to the last release in terms of my title count. Otherwise I’m not sure quite how to do it.

Regardless, it’s news worth celebrating.

Polarization of Authors?

NINC is a terrific conference that caters to authors who are already multi-published. After attending last week, it’s clear to me that this conference is leaning more and more toward supporting authors who are exploring the indie-publishing route.

There was a decidedly anti-traditional-publisher sentiment in a lot of the panels that I both participated in and attended. This is not a commentary on the conference, by the way. It’s merely my observation. I think a lot of attendees would probably agree with my assessment.

But this is what worries me. I sense a widening division between authors who traditionally publish and authors who self-publish. And there’s no need for that. This is not an either/or question, nor is there only one right path to publication. (By the way, for what it’s worth, editors from “traditional” publishers much prefer the term “commercial” publisher.)

The conference vibe seemed to rest on a few assumptions:

1) That authors who stay with traditional publishers are stupid for doing so (not necessarily true) and that they can’t make a living/career by solely writing while partnering with a commercial publisher. (Also not necessarily true as plenty of traditionally published authors make high 6 or 7-figure incomes and enjoy the marketing campaigns their publishers invest in them.)

2) That indie publishing is the only route for an author who wants to be in control of his/her career (not necessarily true, as agents negotiate a lot of things in contracts).

3) That indie publishing is the only way to make good money or a living by writing (also not necessarily true, as some indies make really good money and others are not seeing as much financial reward).

It’s a disservice to the industry in general and to the conscious choices an individual author would like to make about his/her career by thinking in these kinds of divisive absolutes. Plenty of good reasons exist to choose one path or the other (or a combo of both).

Writers, in the end, there is only one right path–the path that is actually right for you and your career. And when you gather the data, weigh the pros and cons, and make a conscientious decision about what you’d like to explore, you are actually thinking like an agent. As that is what we do every day for each individual client at our agency.

Is HarperCollins Pitting Authors Against Booksellers?

Just this week, HarperCollins announced that they would give authors a royalty incentive (35% of net instead of 25% of net) on any sales of an individual author’s book(s) that are sold via an affiliate link to HarperCollins’ new consumer-facing branded book retail site.

In other words, if the author is directly responsible for the sale, they get a higher royalty percentage. (Note: this only holds true for sales of books by the author. Authors can’t provide HarperCollins links to other author books and get an affiliate commission on the sale.)

To sum up, authors are rewarded if the sale is made directly through their publisher.

So does that pit authors against booksellers?

In my mind, the answer is no. Here’s why. HarperCollins is not mandating that their authors provide and feature ONLY links to the HarperCollins’ branded retail site.

HC is simply asking that the link be included along with all the other retail links to Amazon, Barnes & Noble, Kobo, Google, Indiebound (the consortium of independent booksellers), etc.

If HarperCollins mandated that authors could only use their links on websites, newsletters, and email blasts, that could create a problem.

But it does raise another interesting thought. If Publishers have online storefronts? Are they in direct competition with booksellers? After all, they are now selling direct-to-consumers.

(By the way, Publishers have always had the ability to sell directly to readers via mail order, phone sales, catalog, and special sales, but it hasn’t been a big revenue avenue in the past, except for some specific titles.)

That answer is probably yes, if a publisher’s retail store starts building real market share.

S&S finalizes agreement with Amazon

This went out on the wire late last night. Carolyn Reidy has finalized S&S’s agreement with Amazon. Yes, the same agreement Hachette has been at loggerheads with Amazon for months now. So what is S&S okay with that Hachette isn’t? That’s a very good question….

S&S - Amazon Agreement

 

 

If It Sounds Too Good to Be True, It Is

As I was reading Digital Book World‘s daily email blast, I came across a press release in the form of an article called Writer’s Digest Inks Deal with Book Baby. It was about a new self-publishing imprint called Blue Ash Publishing.

What struck me was this bullet point:

  • 100% Net Earnings on all sales: Blue Ash Publishing takes no commission on any book sales. Authors keep 100% of their book’s net earnings. Once retailers are paid their percentage, all remaining revenue goes back to the author. BookBaby offers the largest eBook distribution network, including Amazon, Apple, Kobo, Barnes & Noble, and many other popular retailers in more than 170 countries around the globe.

One-hundred percent of net earnings on all sales goes to the author. Sounds great, right? So immediately I started thinking like an agent. And the first question that pops to mind is, “What’s the catch?” There is no such thing as a free lunch. Just how exactly will Blue Ash Publishing make money in this venture?

Always follow the money…

I decided to do a little digging. First stop, check the source–Blue Ash’s website. Sure enough, right there on the home page was a link to Blue Ash’s publishing packages.

In actuality, writers need to think of this as a service or one-stop shopping for independent contractors to convert the book, do the cover, hire the editor, etc. This is not a publishing house. I repeat: This is not a publishing house. And from what I see on the website, they offer nothing that you can’t do on your own pretty simply, for a lot cheaper—and you’ll get paid directly rather than via a third party.

As my indie authors constantly remind me (and other writers who will listen), no one can publicize your book as well as you can. And it’s certainly not worth the $3,000+ for Blue Ash Publishing’s “Ultimate Package.”

Last but not least, because you are thinking like an agent, if you are going to explore this “service,” be sure to get a very clear definition of what “net” means to Blue Ash.

Bottom line? Pass. You can do this all for a lot cheaper than these price tags.

Last month I gave a webinar on how Digital is rapidly transforming publishing.

I love giving this workshop at conferences every chance I get because most writers are completely confused by the stories that are making today’s headlines and how that impacts writers. It’s my chance to really explain all that is going on.

Attendees always walk away telling me that my workshop alone was worth their conference registration cost. (Of course they could just be humoring me…) LOL

Still, it makes me happy. I always want aspiring writers to be informed as much as possible.

We are doing something unique this month and making the recording available for streaming.

I know for a fact that some of my clients don’t actually read the final contract they sign. I also freely admit that this makes me nervous. No person should ever be so trusting, even though I know I do a heck of a job on every contract negotiation. I actually prefer that all my clients read their 25+ page contract from first page to last. In fact, I even welcome questions or any concerns a particular clause might raise.

Why? Because I’ve looked at that publisher’s contract a million times, and my familiarity with it might actually be a liability rather than an asset. It never hurts to have a fresh pair of eyes on a contract I’ve read three times before I send on to the client for signing.

Fresh eyes might be a fresh perspective, and a client’s questions based on his or her interpretation of the contract language might actually make me evaluate familiar clauses in a whole new way.

Not to mention, Publishers Weekly just ran a story called For Major Publishers, Will Print No Longer Be the Norm? In it, PW highlights that agents are concerned about publishers who no longer guarantee a publication format in their contracts. In short, publishers are becoming more hesitant to commit to printing a physical edition of your book–just in case they want to do eBook first or eBook only.

Well, a big reason a lot of writers are interested in partnering with publishers is because publishers offer the advantage of producing both print and electronic formats. And if a print edition is not guaranteed…well, that might change the author’s desire to sign a contract.

Luckily, we here at NLA have made it a standard to specify the production of a print edition in our authors’ contracts. It’s always a tough discussion, but we are sure to get publishers to guarantee that they will produce a print edition in the deal-points stage, before contracts are even drawn up. That way, the expectation is clear early on so the author can decide whether or not to accept the publisher’s offer. This has been our standard for years now, but I’m guessing that getting publishers to agree to it is only going to get tougher.

Thinking like an agent ensures that you read your entire contract. Word for word. And that you start thinking like a negotiator. What have you read about in the news lately that might need to be covered in a publishing contract? Maybe you’ve read about “subscription services,” which is quickly becoming a hot-button issue. If you see that, or anything else, in your contract that you don’t understand, have a conversation with your agent. It’s probably rare you’ll think of something that your agent hasn’t, but, honestly, you never know.

Fresh eyes can be a powerful tool.

One of the reasons why I wanted Hachette to be forthcoming when I started asking about the shipping issues (many moons before the news became public) was because I had already guessed that Amazon was flexing some muscle in a contract negotiation.

So confirming it wasn’t telling me anything I didn’t probably already know…

But also so I could tell Hachette and the editors that my authors and I were firmly on their side and hugely supportive of what they were having to face.

Amazon – I have been very appreciative of the many changes you’ve already created in publishing but now you are just being a big old fat hypocrite.

Because your motto is customer first, always.

Well, this kind of hardball in no way serves your customers. It hurts authors (whom you claim to support) and you deserve the public fall-out that this spat creates.

This just hit the newswire in the last week but I’ve informally known about this since late fall 2013 (as early as November). The problem? My Hachette authors and I noticed this “shipping issue” multiple times and brought it to our Hachette Editors’ attention. 

Multiple times. Repeated emails. We were assured that all was fine. (Which we, of course, did not believe since it kept happening….)

This is yet another moment where big publishing could have chosen to partner with authors and agents by explaining the truth behind Amazon’s muscle flexing.

Instead, Hachette choose to go with “we don’t discuss contract negotiations” tactic, which leaves their authors in the dark, agents like me fuming, and fosters a general atmosphere of distrust that the publisher is not being forthright.

Not the end goal here! What we need is more communication, not less.

Let agents and authors help you take a stand–which is actually what’s going on now and is detailed in this New York Times Article.

As happens time and time again, the truth does emerge and leaves those of us who have been asking about it for the last six months with exasperated hands in air, the desire to bang head against desk, and authors who now won’t believe the publisher when the response is “all is fine” in the future.

In today’s global digital publishing environment, negotiating a UK contract has now become equally as important as the home-court US contract. So if you want to think like an agent, spend as much time reviewing your UK contract as you do your US one.

Now that used to be easy. UK contracts traditionally have topped out at twelve or thirteen pages. A veritable reading breeze in comparison to the 25+ page marathons you get from US Publishers.

Not so any longer, from what I can tell. I’ve negotiated several UK contracts that are giving the US a run for its money in terms of length.

In fact, one UK contract’s out-of-print clause (a.k.a. the OOP) recently made me burst out laughing. The clause stated that a book would not be deemed out of print until earnings for that title, in all formats, added up to less than 75 pounds in two accounting periods.

Seventy-five pounds during a one-year period.

That is laughable, but I don’t think this publisher’s intent was to be funny.

Depending on the price point of the title (and let’s just say the average price in the UK is ten pounds), that would be the equivalent of selling something like eight copies, in any format (which would include high discount, special sales, premiums, book club, audio etc.) in one year.

Sheesh. I think a publisher would really be messing something up if they can’t sell eight copies of a particular book in a twelve-month period. Typical UK contracts set an out-of-print threshold of several hundred copies, so if you were going to do an earnings equivalent instead, it would need to be around fifteen-hundred pounds to be reasonable.

Definitely not a number you want to overlook!