Pub Rants

Category: publishers

So Let’s Talk Derivative Works

by Kristin Nelson

Status: These dang computers. I want to bang my head on my desk.

What’s Playing on the XM or iPod right now? MARRY ME by Train

About two weeks ago I mentioned that the most problematic issue in the new Macmillan boilerplate was the new clause 6. b. that granted the publisher the right to the copyright in any derivative work created by the publisher.

Just for the record, I’m not a copyright attorney and I don’t pretend to be one on TV or if I stay at a Holiday Inn Express. In other words, I’m not dispensing legal advice here; I’m simply sharing with you my general musings regarding the clause.

Since I don’t have the expertise, I sent it to my IP attorney. Now he’s not a copyright attorney either but his law firm certainly has an expert in-house so we looped him on the conversation as well.

A virtual copyright party at NLA!

His biggest concern was the broadness of the clause and how derivative works is not clearly defined. If you’d like some light reading before you go to bed tonight, feel free to click here. This will link you to the copyright act in all its glory. You’ll want to click on Chapter 1 and peruse sections 102 and 103 that particularly discuss derivative works.

He also let me know that there are currently lawsuits in process that examine the scope of derivative works and what can or can’t be defined as such. Fun.

So two thoughts:
1. It’s obviously better to remove the clause and any reference to derivative works from the contract. And, if you have leverage, it can be done. But if you don’t…

2. How best to restrict this clause in such a way to make pursuit of derivative works impossible without expressed approval of the author?

Now we’re talking. My lawyer gave me some good insights and if you want to pay my lawyer fees, then I could share them on the blog. *grin*

This is why you have agents by the way.

My other big question was this: I get how a derivative work could be done fairly easily with a nonfiction project, but I wasn’t certain how it would apply to fiction. Now I am.

More on that tomorrow. Stay tuned.

More Train music on iLike

The Great Contract Delay?

by Kristin Nelson

Status: Freakish. It’s going to be 60 degrees tomorrow in Denver. Uh, winter, what is that?

What’s Playing on the XM or iPod right now? ALWAYS ON MY MIND by Willie Nelson

In the last 6 months, there has been a radical shift in the amount of time it will take to complete a publishing contract. At first, I chalked it up to the new contract boilerplates publishing houses are feeling the need to implement. Any time an agent has to pretty much negotiate from scratch, it’s going to take a lot more time to establish a new agency boilerplate that is fair and reasonable for the author.

But that’s not always the case. For example, for one recent deal, it took (literally) three months to get the first draft of the contract—and the publisher had not changed the boilerplate. Having recently done 4 or 5 contracts with this house, I rather assumed this latest one was going to be a quick process. It took 6 months before the author signed the final contract.

And it’s not like I’m snoozing at my desk. This is after repeated calls, emails, follow up, and constant nagging on my part to prod the process along.

Agent job description: Nag.

Trust me, I didn’t know that was part of the job qualifications when I got into this biz.

For another contract from a publishing house that has always been very prompt in the past, I was stunned to have to wait 4 weeks between responses. (By the way, I responded within 3 days from any communication from the publisher; it was not languishing on my desk.)

It’s enough to make you wonder if it’s me! So I started bringing it up in conversations with other agents I chat with. Lo and behold, they had the same complaint!

So I don’t know what’s up. Are the contracts departments besieged? Understaffed? Combination of of things? Is this the great contract delay conspiracy? If you’ve recently sold a novel, get ready to hurry up and wait in order to sign on the dotted line.

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!

How Well Did Kristin Predict?

by Kristin Nelson

STATUS: I’m heading over to the Tattered Cover to do some holiday shopping. Yay!

What’s playing on the XM or iPod right now? CHRISTMAS CANON ROCK Trans-Siberian Orchestra

Oh, I think this might be a fun entry. In a press release from Scholastic, the editors created a list of the top trends from 2010 when it came to Children’s books.

And funny enough, in the Nelson Agency newsletter, I’ve been highlighting a lot of what was “hot” in children’s lit throughout the year. I wonder if my predictions in any way line up.

What do you say? Should we analyze it?

To start, here’s the Scholastic List:

1. The expanding Young Adult audience
2. The year of dystopian fiction
3. Mythology-based fantasy (Percy Jackson followed by series like The Kane Chronicles, Lost Heroes of Olympus and Goddess Girls)
4. Multimedia series (The 39 Clues, Skeleton Creek, The Search for WondLa)
5. A focus on popular characters – from all media
6. The shift to 25 to 30 percent fewer new picture books, with characters like Pinkalicious, Splat Cat and Brown Bear, Brown Bear showing up in Beginning Reader books
7. The return to humor
8. The rise of the diary and journal format (The Diary of a Wimpy Kid, Dear Dumb Diary, Dork Diaries, The Popularity Papers, and Big Nate)
9. Special-needs protagonists
10. Paranormal romance beyond vampires (Linger and Linger, Beautiful Creatures, Immortal, and Prophesy of the Sisters)

In looking at all the newsletters from the past 11 months, here’s what I highlighted was “hot” in our newsletter column:

1. February 2010 newsletter—Dystopian YA fiction as hot.
2. March 2010 newsletter—Paranormal YA US titles hot in translation
3. May 2010 newsletter—I mentioned that I’d be attending the BEA YA buzz panel. I didn’t highlight paranormal romance in the newsletter but I did discuss it on the blog, June 2, 2010 entry.
4. October 2010 newsletter—Dystopian YA mentioned again along with YA SF romance.

Not bad! I actually didn’t talk about children’s fantasy at all but I definitely agree that we have seen a lot of myth-based fantasy stories and just recently I blogged about seeing fairy tale inspired stories—which is kind of in that same vein.

A return to humor is news to me so very interesting. As for special-needs protagonists, I can’t say I’ve seen that many but what I have noticed is stories where the main narrator has a sibling with special needs. Tangential but maybe worth mentioning.

In the October newsletter, I also highlighted that editors would like to see the next John Green. That’s humor and the male voice. That’s not mentioned here but I do think that might trend.

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?

Advertising That Works?

by Kristin Nelson

Status: It’s the final sprint into the holidays. Goal? To finish everything. All client reads. All incoming submissions. All Royalty Statements. All end of year deals. And yes, we’ve got a lot going on in that realm.

What’s Playing on the XM or iPod right now? ALL I WANT FOR CHRISTMAS IS YOU by Mariah Carey

Over a year ago, a friend of mine introduced me to Groupon for Denver, and I’ve been hooked ever since.

I mean, how can you beat deals like a 90-minute massage for $29.00? That’s a steal no matter how you cut it. So I’ve been aware of this company for a while and have happily Grouponed many a great deal. Tonight, I was reading a Newsweek article on how this mode of advertising is really working. After all, it introduces subscribers to local companies that they might not have discovered otherwise and more importantly, if a subscriber buys the deal for the day, that person is committed to visiting that company or using that service in the very near future.

Smart.

But why do I bring this up in relation to publishing? Well, I was down in Santa Fe for the holidays and what pops up on my iPhone? The daily Groupon deal. This time, much to my surprise, it was a deal from Simon & Schuster. $40.00 worth of books for $20.00 from the S&S website.

Game on!

I would love to know how this Groupon worked for them. I’m also assuming that this Groupon hit several major cities—not just Denver. Someone is paying attention over there at S&S. Nicely done (although I imagine some independent booksellers might not be as enthusiastic to hear this).

My response? You can Groupon too! For Tattered Cover, that’s a groupon I would buy in a heartbeat and then send the link to all my Denver friends.

Taking It Public—An Update

by Kristin Nelson

STATUS: I’m working at home again tonight. Ah, the glamorous life….

What’s playing on the iPod right now? THE SOUND OF SUNSHINE by Michael Franti and Spearhead

Jana’s announcement from yesterday has produced a couple of positive results:

1. Kobo immediately removed Jana’s titles from their site and contacted Jana with the news. They also are willing to set up an agreement with her so she can directly sell her titles through their venue.

2. Dorchester informed me that they have submitted the requests to have the titles removed from the various ebook sites. Currently though, they are still available on some sites such as Amazon and BN.

3. RWA (Romance Writers of America) and SFWA (Science Fiction & Fantasy Writers of America both sent out emails to members regarding this issue and asked that members contact them if they are facing similar from Dorchester. Both organizations are looking into it.

4. Many valuable discussions have unfolded on blogs and twitter regarding it.

In general, this avenue is not what would have been preferred, and I do think it could have been avoided altogether but one can’t deny the results.

Taking It Public

by Kristin Nelson

STATUS: Getting this entry in late as you can see.

What’s playing on the iPod right now? NOT THE GIRL YOU THINK YOU ARE by Crowded House

Well, if you were plugged into the publishing world via the internet, you might have a little sense of how my day unfolded.

For those of you who have no idea what I’m referring to, you might want to take a moment to click on this link. My author Jana DeLeon, fed up with Dorchester and the fact that they were illegally selling copies of her ebooks long after her rights had reverted back to her, decided to take that news public.

I only have one thing to add. Despite no response to my previous calls demanding they cease and desist what they were doing, I still called Dorchester to warn them. I did not receive a return call—that is until today after the news broke.

A New Change In The Children’s Realm

by Kristin Nelson

STATUS: It’s actually a gorgeous day in Colorado. 70 degrees and we are almost to the end of October! I want to pop out early and take a long walk with Chutney. I’ll work more tonight.

What’s playing on the XM or iPod right now? DO YA by Neil Nathan

When I was out in New York, I was super pleased to hear this little tidbit of news from two editors at two different publishing houses. It used to be that in the children’s realm, an agent could only submit to one children’s imprint at a time under the larger corporate umbrella.

In the adult realm, we never did this. We’d submit to all imprints and just make sure the editors in the same house knew who else had it.

Well, it was considered a no-no in the children’s realm (Sidenote: I often did what I wanted anyway and submit simultaneously if I thought the project was right for more than one imprint. I did get reprimanded a couple of times, but what are they going to do? Not allow me future submissions?)

Anyway, to get back on topic, I’m super thrilled to hear the news because of course I’m not interested in deliberately annoying people. I just thought this rule was rather dumb.

What if I submit to one imprint at let’s say XYZ Children’s and the project moves fast (as in lots of editors interested) but that particular XYZ editor passes on it. Well, now there is no time for me to ping another XYZ editor at a different imprint. I’m already setting up the auction or what have you. Now that publisher is completely shut out of the action even though the project “might” have been a fit for a different imprint and editor.

It bugged me. I never want a publisher to not have the opportunity to participate and now that there is a shift in mindset on this particular topic, it won’t happen.

More Neil Nathan music on iLike

Live From New York City

by Kristin Nelson

STATUS: Actually, I’m feeling half dead after almost a full week of all-day meetings from 8 in the morning to sometimes 11 o’clock at night.

What’s playing on the iPod right now? SUFFRAGETTE CITY by David Bowie

I’m back at the hotel early enough to blog. Every other night I’ve returned so late, I didn’t have the energy to fire up the old netbook and sneak in an entry. I do have LOTS to blog about so get ready for NYC recap next week when I’m back in the office.

Tomorrow I’m at Random House all morning and then I head to the Javits center for New York Comic con all afternoon. Orbit has galvanized the steampunk contingent here in the city (and I can’t believe I just wrote a sentence that has “steampunk contingent” in it…) to attend the con dressed up in their steampunk finery. They’ll be giving away Parasol Protectorate buttons and any fan that is dressed up and wearing the button will have their pic taken by Orbit to use in the Soulless cover art collage with the fan’s pic included.

Now that’s pretty cool.

The Orbit party was held at The Cellar Bar at the Bryant Hotel on 40th street across from the park. I don’t know every attendee but there were a smattering of agents and editors clinking glasses.

I ran into my old buddy and agent extraordinaire—Janet Reid (Fineprint). She was there with the amazing Jeff Somers. Got to reconnect with a young but totally up and coming agent Suzy Townsend (also of Fineprint and hadn’t seen her since St. Louis!) Eddie Schneider (JABberwocky) was there as was Cameron McClure (Donald Maass Agency) (who I tried to talk into saying something really profound for my blog but alas, we were profoundless… I’m thinking the wine floweth. Saw Matt Bialer briefly (Sanford J. Greenberger)

My fab Orbit editor, Devi Pillai, was there looking totally wonderful in a sleek black dress. Tim Holman, so British, always startles me slightly with the European double cheek kiss greeting but by end of evening we were all into the swing of things. I did refrain from saying “Darling” at odd moments and felt rather proud of that.

Sharing in the fun were Anne Sowards from Ace and Liz Gorinsky from TOR. Bumped into Ron Hogan (formerly of Galley Cat and Houghton Mifflin).

The Orbit Anniversary party was like a mini reunion.

I have to say that earlier in the week on Monday, Tim, Devi, and I got together down at Pravda in Soho for a drink and I was really pleased to hear that they are actually quite open to adult science fiction right now. There wasn’t even a hint of pessimism to that statement. Considering I had just submitted an SF there, I was pleased. Other editors I talked to in adult publishing really only highlighted military SF or alternate history SF as what was working them. It was so nice to hear some optimism!