Pub Rants

Category: Publishing/Publishers

We Are so Dense About Technology That We Can’t Figure Out How To Forward Our Phones

STATUS: Typical Denver schizophrenic weather. I was wearing short sleeves and no jacket yesterday while taking Chutney for a walk in 70 degree weather. Today it’s going to snow. Yay spring!

What’s playing on the XM or iPod right now? MATILDA by Harry Belafonte

To a new office location.

Let’s see a show of hands. Who believes that Dorchester might simply be moving offices and the phones are currently being “switched over?” (see the added links in comments section of yesterday’s blog post.)

Hum… thought so.

So to my post of yesterday. I’m going to make my readers do a little work. I can’t hand over all the information on a silver platter. *grin*

I mentioned that Dorchester has disappeared and that I don’t think I’ll see a filing for bankruptcy any time soon. Now why do I say that?

Surely if a company is defunct they’ll file for bankruptcy, right?

Not necessarily….

So tell me why.

Meanwhile, all Dorchester eBooks are up and still for sale across all the electronic distribution venues. Where is the money going? We know for certain it’s not going to the authors.

Every night I sleep easy knowing that I fought tooth and nail to get rights reverted for each of my five authors who had backlist there when Dorchester first breached those contracts and weren’t paying owed royalties. Even for titles I didn’t represent on their behalf because it was before my time as their agent.

And I’m also happy to report that those authors are self-publishing those books and making a very nice income on backlist ebook sales. Want to support a former Dorchester author? Check out their offerings on the links connected to their names.

JANA DELEON
MARI MANCUSI
LESLIE LANGTRY
CAROLYN JEWEL

A happy ending for us but I feel for all those authors who couldn’t get their rights. I strongly recommend you reach out to the various agencies that support authors: Authors Guild, Romance Writers Of America, Science Fiction & Fantasy Writers, Sisters in Crime, Mystery Writers of America etc. I can’t list all of them here.

These organizations might be able or connect you with the right people who can advise you on next step if your rights are in question.

We Won’t Leave The Light On For You

STATUS: Bologna Children’s Book Fair is almost upon us. Oi. Not ready yet.

What’s playing on the XM or iPod right now? MERCY by Duffy

On Thursday, I got word that the doors were locked, lights out, and the phones disconnected at Dorchester.

I know. Surprise. Here are links to my previous entries on Dorchester and its impending demise.

As a matter of course, I did touch base with my lawyer simply to see if there had been a bankruptcy filing. I’m actually not expecting to find one.

Now why do I say that?

Anyone? Anyone? Bueller?

I know a lot of blog readers have backgrounds in law so feel free to chime in via the comment section with your surmises.

More to come tomorrow.

UK–How Stubborn You Are

STATUS: Have to run out the door in 15 minutes.

What’s playing on the XM or iPod right now? HARD TIMES by David Newman

Not to put too fine a point on it. The book selling market in the UK is between a rock and a hard place. Booksellers in trouble. Publishers selling half the books sold at high discount levels, etc. Consequently, UK publishers aren’t buying that much. As of late, it’s one of the hardest territories to sell into unless a title sold for a lot of moolah in the US.

We are struggling to land a licenses there.

In fact, it’s probably why a lot of UK booksellers are buying US stock wholesale and offering it for sale there (and this would maybe show on a royalty statement as an export sale). It would be hard to track down.

So when we sell North American rights only and then request that the US publisher pull down their edition from the UK market, we aren’t looking to screw UK readers. It’s simply that the author might not get legitimately paid for those copies. If it’s not in the grant of rights and not showing up on any royalty statement…

But authors who haven’t sold into the UK are getting creative. In fact, some authors are taking matters into their own hands and are making their titles available electronically through the different ebook venues in the UK.

So even though the physical version might be a hard to find, titles can still reach UK readers.

Selling Territories Publisher Doesn’t Have The Rights To

STATUS: Have morning chai, will work.

What’s playing on the XM or iPod right now? LET LOVE RULE by Lenny Kravitz

Late last week, I got an email from a client asking why her latest release wasn’t available as an eBook in the UK. Bemused, I emailed her to say that we had only sold North American rights to her US publisher and hadn’t done a subrights deal for that territory as of yet. The US publisher didn’t have the right to make its edition available in Great Britain. In fact, there shouldn’t be any edition of her book being sold in that territory.

She then sent me a link to amazon.uk where her US book was clearly for sale.

Well, that made her question make a whole lot more sense. No wonder she was confused.

The point of my post? As authors, you should randomly check bookseller sites abroad and if something pops up, then you need to inform your agent and he/she needs to track it down. Because the US publisher didn’t have UK in the grant of rights, this would never show up as an itemized list on the royalty statement.

But if the book is for sale there and we discovered that, then the Publisher needs to do a couple of things. 1) Take the edition down and 2) let us know how many copies were sold and how they plan to account for them.

Another favorite story, which didn’t happen all that long ago either, is when an author received several emails from Italian fans who loved her work but were complaining about the poor translation.

Uh, Italian license had never been done for the book. There should be no Italian edition–badly translated or otherwise. I reached out to the Italian publisher and they were mortified. They thought they had an agreement in place but the contract was never done and the author was never informed.

I give Italy kudos though. When the problem was discovered, they stepped up immediately to make it right and paid for the edition they had published. As it was also out of print, they officially reverted the rights they actually never had. *grin*

All’s well that ends well…

Just another day at the office.

Talking NLA’S DLP

STATUS: This morning I thought I had a mild day in front of me. After the third fire before 10 a.m., I gave up that notion.

What’s playing on the XM or iPod right now? REMINISCING by Little River Band

So yesterday’s announcement is not the be all end all of this topic. I’m happy to chat some more about our new Digital Platform.

As I said yesterday, we developed our model in conversation with our clients. In fact, their input modeled it. I went to them and said, “If an agent was going to offer a supported environment for self publishing, what would make sense to you? What would be of concern? What would make it worth an agent’s commission?”

And they told me. They also were gracious enough to review various model outlines and the DLP agreement that any author interested in using the DLP would need to click “I Agree” to use it.

And their help was absolutely invaluable and I feel quite comfortable that what we’ve created is the right approach–that we have not created something that will be a conflict of interest in representing clients and is a very ethical way for an agent to provide yet another facet of services to our authors.

My client Courtney Milan was gracious enough to post a blog entry on the topic today if you’d like some insight from an author who is currently self pubbing happily and successfully and not through our DLP–which by the way, bothers me not at all. I support her choice. Another client plans to do a guest entry on why she is using the full-service option and why she has been over-the-moon to do so.

Just wait until you see her totally kick-a** cover–something I don’t think she would have gotten on her own. It’s stunning.

I imagine that if a writer believes that all an agent does is sell books to publishers, there might be questioning on why an author would bother using an agency’s DLP. After all, a writer can certainly write the book, convert the efiles (or pay someone to), and put the titles up on Amazon, BN, Smashwords, Apple, what have you.

But you see, my authors know I do so much more than that.

And as an agent, I have relationships with folks that most writers can’t even imagine. Will all of them be valuable? No. Have some already proven to be? Yep.

But let’s talk DLP stuff.

1) First a correction. In yesterday’s entry, I realized that I typed “term of license.” Oi! In our DLP agreement, it’s a “term of liaison.” Not quite the same thing in a rather big way. So my apologies. For our full-service option, NLA foots all the upfront costs–which is why we specify a 2 year term of liaison. Could you imagine plunking down the money and have the author pull it a month later and we are simply out of luck? Quite frankly, my authors are awesome and I can’t imagine any one of them doing that but as an agent, I still have to be smart about it.

In short, for full-service, it needs to be on our DLP for 2 years and that’s it. After that, authors are free to do as they please and we will even give them their files. After all, they own it. They didn’t grant rights to us.

If we haven’t recouped in 2 and they take it, are we screwed? Yep. But I’m betting that it’s so worthwhile, that they are happy to keep it there. Nothing is in perpetuity. Why would an author do that?

For distribution only venue, an author can come and go as they please. All we are providing is access to venues they can’t access. It’s our standard 15% commission. For anyone who doesn’t think that’s worth it, they obviously have not wrestled with google’s very unfriendly platform. Not to mention, we have venues that authors individually do not have access to. And let me tell you, having been there and done that, it’s probably not worth the headache for an author. Amazon and BN have designed it to be easy. Not all venues have done the same.

2) Now remember, the author is in full control of their work. In the full-service option, they have access to a rather in-depth list of resources for cover artists, copyeditors, proofreaders, developmental editors, publicists, web designers, etc. They choose; we pay. The only exception is the developmental editor. The only reason for that is because we have no say in the revision process and I could see an author running up a rather big tab on the agency’s dime by doing endless revisions for months on end. Probably unlikely but once again, we need to be smart about things.

Now, keep in mind, as many of my clients can attest to (for good or for bad *grin*), I’m an agent who edits–probably to the level of a developmental editor.

3) On our full service, we rep the subrights–foreign, film, etc.

One commenter asked “It seems an inherent conflict–the agent has a vested interest in the author NOT publishing with a publishing house else, but instead self-publishing using services NLA benefits from financially.”

Actually no. The author client is self-publishing so it’s not even a choice for me. I have no say on whether they are on the DLP or not. If they are looking for an agent, my assumption is it’s because they want a finger in all pies and are looking for a print/ebook deal with a “traditional” publisher (for lack of a better word). I’m not taking on writers who just want to use our DLP.

That is not the point of offering this service.

Hopefully I’ve answered all questions. It’s after 8 p.m. and all I really want to do is go home and eat dinner.

The Rapidly Evolving Role of Agent

STATUS: What a way to start the day. Our ISP had a huge network outage that lasted for 45 minutes. No emails coming in or going out. It’s a Monday!

What’s playing on the XM or iPod right now? UPSIDE DOWN by Jack Johnson

Last Thursday I highlighted that the AAR has made some observations on the role of agents in ePublishing. If an agent is both an agent and ePublisher, well, that’s pretty much a conflict of interest. If the agent has a biz interest stake in a client’s decision, it rather eliminates our disinterested and objective viewpoint when giving guidance to a client.

But the digital landscape is shifting so rapidly and the agent’s role is evolving so quickly, what is an agent to do if clients want assistance making backlist titles available in eFormat?

Well, I can tell you what NLA is doing. And because I believe in involving greater minds than my own, I used the best resource of all–our own clients. Working in partnership with them, we developed NLA’s Digital Liaison Platform. My lawyer was also a big help but he simply formulated the agreement language once we had nailed down the model.

So what exactly are we doing?

We created a platform where NLA clients can self-publish their content within a supported environment. This is not a publishing house.

Before you say, “isn’t this a matter of semantics?” The answer is no. In a publishing house model, the author grants her rights to the publisher and cedes control in that grant.
That is not what we are doing. In our model, our clients maintain full control of their titles. They are not granting them to us. They have full say on covers, editing, pricing, etc. The program is voluntary so if they want to participate on our DLP, they can, but they are also welcome to handle their backlist themselves.

We offer two different options. The first is full service where we hook the client up with cover artists, copyeditors, publicists, and we do the file conversion and make it available on all the electronic distribution venues. We use our individual leverage with all the venues to promote. The second is a distribution-only venue. In this option, the author handles all the details of self-pubbing and conversions themselves but simply want access to venues they can’t reach on their own. Overdrive (main source for libraries) would be an example of a venue that individual authors can’t reach but we can.

If they are on our full-service DLP, we ask them to commit to a two-year term of license [correction: it’s a two year term of liaison, not license. My apologies for not proofreading more thoroughly. There is quite the difference between the two!] since we undergo all the expense and that would be rather uncool for a client to let us do that and then pull the title a month later.

Our agency commission split is the same as it’s always been.

Indie Booksellers–we are also on Google eBookstore and Ingram but if you have your own dedicated eBookstore, feel free to contact us directly as we are happy to add your venue to our platform.

Our Launch Title:

SKATER BOY by Mari Mancusi $3.99
The first novel in the sweet, tween-oriented First Kiss Club series.

Amazon
BN
Google
Apple – access through iTunes

The AAR Makes ‘Observations’ On Agent Roles & ePublishing

STATUS: I need to go home and eat dinner.

What’s playing on the XM or iPod right now? HOT HOT HOT by Buster Poindexter

Just last week, The Association of Authors’ Representatives sent out an email alert to all its members highlighting that the Board has been discussing the current AAR Canon of Ethics as it relates to agent members helping clients with ePublishing.

To sum up, the AAR realizes that the role of literary agent is changing and that many author clients will be asking their agents for assistance in making backlist titles available in electronic form.

For full disclosure, I am a member of the AAR and will continue to be in 2012.

As of this January, the AAR is not making any changes to the current Canon of Ethics but the organization is, however, sharing these observations which I’ll paraphrase here:

1) An AAR member may receive compensation only from the client for the agent’s services. Agents may not separately engage in business, ie. electronic publication, where they receive compensation from exploiting the client’s work. In short, Agents can’t be publishers and still be AAR members.

So for example, Agent Richard Curtis has a separate ePublishing company called eReads. He is not a member of AAR. And please, do not take this as any personal commentary on Richard. This is just an example.

2) Agent is obligated to inform client of all the financial implications of any ePublisher and the agent can’t take action to put his own biz interest above the interest of the client.

In other words, it pretty much is a conflict of interest for agents to be both an agent and an ePublisher as they may want their clients to publish with them instead of with some other ePublisher.

And yet, the role of agent is evolving rapidly. So what do agents do with clients who are interested in making their reverted backlist titles available on electronic platforms?

Well, I can’t speak for all agents but I can finally tell you what NLA will be doing as we launched our Digital Liaison Platform in November of 2011. And last week I did ring up the AAR lawyer to discuss our current model and whether that would be in conflict with the AAR Canon or its current observations.

It is not. In fact, he asked me to share the details of our model so as to share with the AAR board. They are reviewing any number of approaches that agents are pursuing.

And starting tomorrow, I’ll be sharing our model with y’all.

When You Are A Beginning Writer, The Keyword is Focus

STATUS: Snowy day in Denver so I definitely felt like working.

What’s playing on the XM or iPod right now? OUT OF TOUCH by Hall & Oates

It occasionally happens that when we request sample pages, read it, and then send a rejection letter, the writer will often approach us with another project. Nothing wrong with that!

But here’s what surprises me. Sometimes it’s a story in the same vein (as in the same genre or it’s also a young adult or what have you) but a lot of times it’s not. I’m constantly amazed at how often the next project pitched is wildly different. Not even in the same ball park as the submission we just read.

When you are beginning as a writer, by all means, explore a few genres. Find out what seems the most fun to write, the best fit for your writing skills, what you are passionate about. Then focus.

If you write a young adult contemporary and then the next book you pitch to us is for an adult, dark literary thriller, you are going to get an eyebrow raise.

Now don’t get me wrong. The writer might be fully capable of writing both with impressive skill. But more likely not.

We also often get queries where the writer offers us a whole potpourri of choices of their work to review. Couple thoughts on that. One, it”s overwhelming; two, it comes across as unfocused; three, I’m going doubt the writer’s ability to master all these formats.

Just another tidbit to keep in mind while querying and writing.

And to add one more thing here, a writer might believe her strength is in one genre, might get a lot of rejections, gives up on that genre, and then tries something else and that is what works. That’s smart.

And that’s not what I’m talking about here. *grin*

Should Dorchester Remain on Probation? Yes.

STATUS: Was all set to potentially launch something cool on Friday and lo and behold, ice storm in Seattle. Trust me, this makes sense because we are based in Denver but our tech person, who manages all things digital, is in Seattle. She had no electricity or internet for 3 days. Shudders.

What’s playing on the XM or iPod right now? FREE by Graffiti6

Last week, the Vice President of the Science Fiction and Fantasy Writers of America reached out to SFWA members about Dorchester Publishing.

Dorchester’s probationary period is scheduled to end on January 31, 2012 and SFWA would like to evaluate their progress in meeting the benchmarks SFWA set for them.

By their request, members could contact them with any information that the Board should consider.

Well, let me tell you, I was happy to oblige. I wrote a letter clearly outlining my stance that that Dorchester should remain on probation or be delisted altogether based on not making any progress whatsoever on benchmark 1: That it fulfills its contractual and financial obligations to the authors it has already published, including full and accurate accounting of royalties per contract, with scheduled payment of any royalties outstanding.

Despite repeated requests for updated accountings and the thousands of dollars still owed in back royalties to NLA authors who used to be with Dorchester, we’ve received excuses, delays, and no good faith efforts to resolve their obligations.

And I have no problem making my sentiment on the situation public.

Weighing In On SOPA-PIPA

STATUS: Rather a quiet week. I’m finally catching up since beginning of year. This might last a week or two but I’m going to enjoy it while it lasts.

What’s playing on the XM or iPod right now? FAR SIDE OF THE WORLD by Jimmy Buffett

I love sopaipillas! Add a little honey and powdered sugar and you’ve got yum. Truly one of my fav desserts.

But SOPA-PIPA, not so much.

As most of you have probably heard by now, there is an internet strike occurring and thousands of sites have gone dark (such as boing boing and wikipedia) in protest.

Both Acts have lovely-intention sounding names: Protect IP Act and Stop Online Piracy Act.

Who doesn’t want to protect intellectual property or stop piracy? The act of piracy steals money out of authors’ pockets and is often like whack-a-mole to stop.

Despite the backing of almost every major publisher, I do believe that both Acts overreach in their scope and there will be serious ramifications if passed.

I could offer some analysis but to be honest, greater minds than mine already have.

Web Goes On Strike

Legal Expert Says Online Piracy Bill Is Unconstitutional

Technology & Marketing Blog

Controversial Copyright Bills Would Violate First Amendment

Libraries Are the Best Counter to Piracy

Cory Doctorow: Copyrights vs. Human Rights