Pub Rants

Category: self publishing

Last week my author Jana DeLeon, who has been digitally self-publishing her backlist titles, hit the USA Today Bestseller list at #98 for the very first time and for the very first novel she ever published: Rumble On The Bayou (originally published in 2007). And the big question is: How did she do that?

It’s a great question. More and more digitally self-published titles are hitting the lists. I’m certainly not a liberty to reveal all the genius marketing ideas Jana has been pursuing but I can tell you one thing that is public knowledge. She’s not doing it alone.

Over two years ago, Jana and 9 other digitally self-publishing authors formed a marketing co-op where they pool ideas, platforms, and resources. Together this group creates aggressive strategies and they’ve seen remarkable results for every member of the co-op.

It gives a whole new meaning to “it takes a village.” I imagine most authors who are digitally publishing tend to go it alone. I’m seeing the real efficacy of marketing in numbers. And I also don’t think grabbing any old person will do. Each member of the group needs to be equally invested and savvy about what it takes to market digital titles.

On a side note, RUMBLE was originally published by the now defunct Dorchester back in the day. I had quite the battle to arm wrestle the rights back when they stopped paying royalties three years  ago. Obviously that was worth doing!

Rumble-#98_UsaToday-BSL

Their Failure is Not Mine – Guest Blogger Mari Mancusi

For some reason, Internet Explorer is not showing the blog so had to delete last post and redo. My apologies to anyone who commented.

Don’t worry, Fridays With Agent Kristin video rants will resume next Friday! This week seems to be all things Dorchester.
–Kristin

I still remember the day my dot.com company dragged us all into the conference room on Friday afternoon—pay day—and announced there would be no pay checks distributed at the end of the day. Not today—and not ever again. We were summarily dismissed and suddenly found ourselves unemployed–with no way to make up the money that was owed to us. It was devastating, to say the least. I felt powerless and weak and alone.

Fast forward 10 years and bring on the déjà vu when I opened my mailbox to find a royalty statement from my long time, traditional publisher, Dorchester. While the statement clearly stated I was owed money, there was no check inside. Dorchester was having financial difficulties, just like my dot.com and chose not to pay what it owed.

But this time, I wasn’t going to just lay down and die. Maybe I’d never see a dime from Dorchester, but that didn’t mean I couldn’t make a dollar on my own. And so, as Kristin worked tirelessly to get the rights back to my books (even the ones she didn’t represent the first time around!), I started researching how to publish these backlist titles on my own. For many reasons not detailed here, I decided to use Kristin’s digital liaison service to launch the books rather than self-publish them on my own. Together we began the process of working with cover artists, copyeditors, and converters to breathe new life into these old books. I even did some rewriting! One of the advantages to digital publishing—you can always update and tweak your product. (Though my husband likes to tease me and say I’m like George Lucas in that regard…)

Today we launched Tomorrow Land, a post-apocalyptic, dystopian YA romance previously published as Razor Girl in Dorchester’s crossover Shomi line. Best described as a post-apocalyptic pilgrimage to Disney World in a zombie infested wasteland, the story follows two teens who had fallen in love before the apocalypse and then separated, Casablanca style, only to be reunited four years later and forced to find a way to trust one another again. All the while trying to deal with those pesky, flesh eating zombies!

The artwork, by the way, was custom created for the book by artist/illustrator Tony Sahara. He’s amazing, isn’t he? He’s also did the artwork for Alterntiy, my next young adult dystopian release, coming May 1st.

I can’t tell you how awesome a feeling it was to wake up this morning and see Tomorrow Land up for sale on Amazon and know—without a shadow of a doubt—that I’ll get properly paid for each and every download. On a book that will never go out of print and costs half the cover price. So not only do I benefit—but readers do, too! Total bonus.

I know that I will never get that last check from my dot.com company. And there will never be a royalty check in the mail from Dorchester. But you know what? Their failure is not mine. I’m determined to make the best of this bad situation and come out on top in the end.

NOTE: My heart goes out to my fellow Dorchester authors who were not able to get their rights back. It sickens me that this company would not only steal earned money from its hardworking writers, but then steal their intellectual property as well. I hope you find a way to get your books back in the end.

Kristin’s NOTE : If you are a Dorchester author with rights in question and titles currently still available online for sale, you lose nothing by reaching out to the various electronic distribution venues and finding out exactly what you need to do to get those titles removed from sale. Will it be a lot of work? Probably but potentially worth it in the end. I, of course, also recommend you consult with an attorney. I would also reach out to other former Dorchester authors and see how you might be able to help each other.


About Tomorrow Land


Can true love survive the end of the world?

Imagine finding your first love, only to be ripped apart by the apocalypse. Peyton Anderson will never forget the day she was forced to make a choice–between her family–and Chris Parker, the boy she’d given her heart. And now, four years later, as she steps from the fallout shelter and into a dead and broken world, he’s the only thing on her mind.

All Chris “Chase” Parker wanted was to take Peyton away and keep her safe from harm. But he waited for hours in the rain on judgment day and she never showed–breaking his heart without ever telling him why.

Now the two of them have been thrown together once again, reluctant chaperones of a group of orphan children in a post-apocalyptic world where the dead still walk…and feed. As they begin their pilgrimage to the last human outpost on Earth, can they find a way to let go of old hurts and find the love they lost–all the while attempting to save what’s left of the human race?

“A high-stakes, high-octane tour through a devastating and deftly imagined future. This is Mancusi at the top of her game.” –Diana Peterfreund, author of For Darkness Shows the Stars

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

Where “In Perpetuity” Might Come Back…

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.

Joe and Barry Talk Role of Agents

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

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?

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.