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Thank God my small press contract didn't have any of this in here. But having some of these explained is really helpful!

Skip things that go bump in the night. This contract and the legalese that accompanies it sounds downright frightening.

EEEK! Scary indeed. And I can see someone like me...who will be so excited to even have a contract...not pay attention to these details. Thanks for heads up.

Thank you. Thank you. Thank you.

This scary post was worth the price of admission. Oh yeah, you don't charge.

Did I say thanks.

Good post.

But one thing to consider is that small presses, especially e-presses nowadays who are facing heavy competition, are so intent on maintaining their "image" they usually bend and sway to the author's needs...in most cases, not all. In other words, the slightest scandal on the interwebs can, and sometimes does, cost them huge sales, which isn't something they are willing to risk.

Authors without agents have to know how to play the game and work everything to their own advantage. And when it comes to "image" these days, everyone is concerned about what's put out there in public. Once the image is tarnished even slightly, small presses lose readership and potential authors who might have submitted to them.

The scariest thing I've seen in publishing are the cyberbullying and stalking web sites and blogs that claim to help writers but just create problems for the industry and act extremely anti-social, calling their competitors a scam in order to survive rather than earn their way up the ladder by merit. They have no accountability and claim "lack of jurisdiction" when they tell a lie about someone on the internet and ruin someone else's reputation. They are cowards like Miss Snark who never was or will be a real live literary agent. Terry P.

When I read something like this, I wonder why anyone would EVER attempt getting published without an agent.

Karen Peterson--
I totally agree! I don't know any legal jargon, how in the world would I be able to tell if I'm getting screwed over??? I think getting an awesome agent is the best thing to do.

The agent *will* know to tell the publishers to revise if they see these things right?

It's my opinion that most of those "ruined" agents or other individuals in the publishing industry generally caused the damage to their reputations in the first place. What they don't like is being held accountable or outed to writers who might need genuine srvices.

Mr. Kuzminski, you have already been proven guilty of defamation in the Virginia courts by an attorney and a judge. So are the cowardly Miss Snark and people like Writer Beware who have posted to her blog and then do not wish to be held accountable claiming "lack of jurisdiction." What a copout. They should be telling the truth in the first place. I am sick of listening to
hypocrites who claim to have manners but are really vigilantes and social misfits

And they're at it again. Folks, please see Victoria's (Writer Beware's) post on The Write Agenda, and decide what should scare you here.

The Write Agenda and Writer Beware

Kristin, thanks so much for the contracts post. Unfortunately, I've heard of real horror stories where noncompete clauses were concerned, and the same with options. Your words of warning are appreciated.

Yikes. I've been reading agent blogs for a few years and thought I had heard of most of the big clauses to avoid, but these ones are new to me and quite scary. Agreeing with Karen Peterson and questioning why anyone would accept a contract without an agent or at least someone very versed in legal matters looking over it.

@Anonymous 3:22
So quit listening, or go create your own blog to combat them (or at least own up to any you already have) rather than leaving anonymous comments that don't give anyone any perspective of your authority on the manner.

"What they don't like is being held accountable or outed to writers who might need genuine srvices."

There is a lot of bad advice going around these days, from so-called reputable agents. This bad advice is mainly with respect to e-publishing, something most agents don't want to even think about now...unless it involves them cashing in on it. So why aren't these folks being called to task as well on the so-called writer beware blogs? I'm all for exposing the creeps, but expose them all and stop playing politics with the ones you like because it fits a specific agenda...or goes against a model no one wants to challenge. Get a pair.

Kristen, since you've written this(thank you, by the way)I'm curious as to your thoughts on the situation with L.J.Smith, the author of the vampire diaries. a friend recently told me that L.J. Smith is no longer allowed to write another Vampire diaries book and any new ones will be ghostwritten by others without her input. How could something like that happen? How did she lose the rights to her characters and books?

Anonymous @ 9:54pm

I can answer this. Smith never owned the rights to the books in the first place. She was hired on by the publisher in order to write those specific stories. Her contracts stated that everything--characters, the whole package--belong to the publisher.

From what I've heard (take this with a grain of salt), the publisher didn't like the direction she was taking with the books, therefore decided to hire someone else to continue the series.

Nothing cowardly about Miss Snark (who has been put to rest). Funny, smart and meant to teach and entertain. You obviously missed the joke, darlin'.

Thanks for the helpful post, Kristin. Apart from having a good agent and/or hiring a suitable lawyer to look over contracts, is there any other way authors can protect themselves from these nightmare clauses?

P.S Miss Snark rulz, ok?

LOL... these WriteAgenda people are really poor writers!

Great advice, Kristin...

Most ebook authors can't get agents (or don't need them yet) and they sign contracts that they don't understand. I recently had a offer on a novel, and after trying to make heads or tails out of it, I ended up asking questions on writer loops. I got some great advice and ended up red-lining through the contract. They didn't like my terms and we parted ways. I'm really happy I didn't sign, and now that same book sold to another ePub. This ePub had a simple contract, two pages long, and words even I could understand and live with.

Don't sign if you are not sure. Do your homework. Even better, talk to the pubs authors and see if they are happy.

Thank you thank you thank you for the education. :)

Incredibly helpful - thank you for providing author holy water! (Not that all publishers are $sucking vampires but...)

Info like this re-affirms why agents are so important.

And I love that you have a "career suicide" tag.

Thanks for sharing! As a reader, one thing that greatly annoys me is picking up a book with a cover that has little or nothing to do with the story. And I agree that as writers we should be involved with the cover process.

I'm a YA and middle grade writer, and I'd like to see a character's face on a cover once in a while. The kidlit market is awash with characters facing away from the reader, characters cut off at the neck, torsos of characters, hands of characters, necks of characters-- faces, people! I wanna see the characters' faces!

With so many scary stories out there, I love hearing about the good side, where editors bend over backwords to work with the writer and agent.

Thanks for sharing, Kristin!

*ahem! cough* I mean backwards. And yes, I am sleep deprived at the moment.

I heard an author speak once and she talked about how many books with female leads feature the woman facing sideways or away from the front, half dressed with tattoss on her back, shoulder or arm. Ever since then I've started paying attention to book covers and realized there really are a ton of them like that.

The author in question requested, and got permission, to have her heroine in jeans and a turtleneck leaning against an archway, sans tattoos, definitely more unique!

I don't mind face covers, especially if there is something unique about the face (and I guess that's the sticking point here), but I am terrified of getting the misrepresenting cover someday, especially after all the RaceFail discussions last year. Thanks for advocating for your clients--I hope more agents do the same as well!

Can we add "No more eighties fashion for fantasy novels" to that list? Hairstyles have changed, so have clothing styles, and even average "athletic" builds look different on men and women. I still see new books with that same eighties style, though.

I really like faces on covers. I like to get an idea of what the characters might look like. In saying that, the amount of covers that don't represent the characters at all, is scary.

I am a little over the dark, brooding YA covers. I really like covers which are vibrant, full of awesome colours and a striking image.

My favourite cover of late is Heist Society by Ally Carter. That one is awesome!

The vast majority of YA fiction covers are quite boring, to be completely honest. I'm always wishing for more covers that actually show characters doing interesting things, rather than simply posing for the camera. Or just a boring title and background messed around with in Photoshop.
I don't see why it would be hard to draw a picture of a really interesting scene from the book. But instead cover artists always opt for a random photo of a piece of bread, or whatever random thing happens to be symbolic for the story.

I've always been a big believer that you CAN judge a book by its cover... There are always exceptions of course, but I always think - If there hasn't been an effort to make the cover art unique and interesting, how can you expect the content to be so?

Kristen,
Can authors suggest a book cover to an editor? I am asking because there is this friend who is an artist and the cover would be "new"...

Thanks!
Kairee

Part of the problem has to be the art schools... they pound it in so hard that "illustrative" art is cheap and uninspired while "conceptual" art is the only real kind. Bah.

I usually get lucky and love my covers. But I once passed on a cover and asked the artist to come up with another. I loved the second cover.

Oddly, when the next book was launched and I had to write a cover description of what I'd like to see, the old cover I'd passed on with the previous launch came to mind. We used it, saved tons of time, and it worked. It just has to be the "right" cover for the book.

Bad covers are a hallmark of the romance genre. The clinch, the windblown hair, the impossible poses, and dislocated members... If you want your romance to scream romance, then going with the cheesy, groan-worthy covers are the way to go. Of course, I reserve the right to think the covers are cheesy and Uncle Walter will happily post them on his blog. :D

That said, the authors should not be embarrassed by the covers that they can't control. The quotes, however? Those the author has to take full responsibility for. lol

I was insanely lucky in that my publisher let me use a photo that my husband had taken for my cover. The art department told him what they wanted and he went and took the picture. I love that we were both part of the process, but I know that is RARE.

Cholisose said...

I don't see why it would be hard to draw a picture of a really interesting scene from the book. But instead cover artists always opt for a random photo of a piece of bread, or whatever random thing happens to be symbolic for the story.

11:04 PM

*******

I imagine it's far cheaper to buy a stock photo or two and "shop it," than to commission original artwork.

That said, I've seen some gorgeous covers in historical fiction lately, that publishers are clearly spending both time and money on (The Lady of the Rivers, etc).

I feel like all high fantasy covers are the same, and since I am writing such a novel, it makes me a bit wary. I do not want my book (if it gets published) to have a generic fantasy scene on the front, because it will not stand out at all. Nor do I feel such an image is fitting. I'm glad to know, at least, that I will not be alone if this happens.

Covers/cover art - such a very important aspect of the publishing process.

Covers can win or lose the eye of a reader. The content of the story can be great but the cover has to get the reader's attention.

I recently bought Soulless. The blurb was cool, but I really liked the cover. It was a book I had on my "watch list" when I first heard about it and snatched it as soon as I could.

Thanks for the share bro! This is my first time to visit your blog, after reading this post i am feeling well. You are the wonderfully creator, keep it up dude!

Sample Statements

Here! Here! I'm pretty sure at no point in the plethora of YA books at B&N were these girls laying in the grass in a ballgown!

Many publishing houses do not give the artist the manuscript to read, but rather only the back cover blurb (another reason to make that even more compelling. Often times the book has not been completed and/or edited, while the cover is underway. Editors are afraid certain specifics or scenes may not exist in the final book.

Sadly there are fewer and fewer jobs for cover artists, as stock photos and in-house graphic designers can obviously put out a cover for a lot less.

So on behalf of cover artists everywhere, a big thank you to Kirstin, her writers, and other agents, and their writers who insist on better.

Oh Kristin, a thousand apologies for the misspelled name.

Wow, I'm curious what percentage of agents don't take the massive effort required to work out these "kinks" in the contracts? Where does that leave their authors?

Thanks for the warning.

Since you once mentioned that you don't lots of comments on these type of posts, let me say that reading this stuff makes me very happy there are agents like you that look very carefully at such things!

When authors leave traditional publishers in droves and agents reinvent themselves as editors and marketers as the whole thing goes to self-pubbing, I am not going to feel bad for the crumbling corporations who bought this on themselves...

Totally with anonymous. While I enjoy Kristin's work for her clients, those who don't have an agent like her may best be served by e-books.

I'm very pro-traditional publishing, but each time I hear about these kinds of changes, the less I feel I want to work with people like that. And I work for a publisher! Agent or no, there's a line between "good business" and "exploitative business."

When you have those 'gotcha' clauses, how do you get them out? And what advice do you give clients if the publisher refuses to budge?

One agent I asked dismissed concerns over some things that looked sketchy by saying "publishing doesn't work like that, they're not out to get you," and basically blamed it on a hyper Legal dept. Given that most agents are not attorneys, I've begun to wonder if many agents just don't GET what the contract is really saying.

I'm hoping any agent I am lucky enough to get is at least as diligent as you are, Kristin. Even the one ePub contract I signed had things in it I should never had allowed through.

Keep on being stellar, Kristin!

Ugh. Not looking forward to that.

AAR is having this great series on contracts this summer. The first one was all the things cropping up in boilerplates, and this issue came up. Oh more battles to wage.

One takeaway was that it can now pay to see a publisher's boilerplate before accepting a deal, taking it into consideration when choosing between publishers. Definitely something to keep in mind.

Veeery interesting, particularly with some of the publisher-agent-contract talk popping up in the blogosphere in the past couple of weeks. One gets the feeling that authors new and established really have to watch their backs in the legal dept. In case you had any doubts, Kristin, contract talk is *not* boring.

Remarkably absent in all the talk about how to "save" traditional publishing is the simple concept of treating the creator as a partner.

If traditional publishers had actually offered fair terms to their legacy authors instead of the current insults, the authors or their heirs would have stayed.

If traditional publishers were true partners, established authors wouldn't be leaving to self-publish.

Even some agents now are as abusive as the publishers have become.

It would be truly lovely if all those who make their money off our creative effort realized they should be gardeners tending a rose garden of creators and creations, not rose maggots and bugs destroying everything in their path.

For anyone who wants to read about what some of us are alluding to, I suggest Kristine Rusch's business section articles at http://kriswrites.com/

I hope Random House doesn't make things too difficult to negotiate. Is there anything you can share about the way they're hamstringing authors, so we know yet more things to watch out for if/when we all get our own contracts someday?

And thanks for doing this on behalf of the authors you currently represent!

Thank you for this post. Very much appreciated.

Marilynn, thanks for referring us to that link. I'll read it, but I've already heard plenty of other things and have to agree with Joseph, David, and Anonymous, that publishers are shooting themselves in the foot with this kind of stuff.

I'm taking it all in and weighing my options. This all makes me wonder how long will traditional publishing remain traditional?

Congrats to you and Jamie Ford on the NYT list!

I'd never thought of a book trailer as a potential derivative work before, and am eager to hear more on that. Yes, I'm one of the ones whose head was spinning after Monday's post, but I'm hanging in there. :)

I'm a little shocked by this. I'd have thought the publisher is acting unethically by having the clause in a contract. Potentially, the author is giving away rights to all forms of media adapted from his work.

Is a frenzy of comments to a post a goal for sharing substantial information? Please don't stop sharing.

I've followed your blog for two years, and often referred to it to others, the wealth of business information you share is invaluable.

Sure, we'd all adore having you as our agent but that's not possible. However, as authors we are independent businesses and need to be aware of "derivatives" even with an agent we trust as a partner.

I personally have 3 nonfiction works in process, as well as my WIP novel, so your example was wonderful and saved me from criss-crossed eyes while still getting the big picture.

Thank you, thank you.

Thanks a million for sharing this, I wasn't aware of this clause. Looking forward to reading more.

I remember J.K. Rowling running into the same thing over an unauthorized character description book. Rowling’s went on (if memory serves) with an emotional plea on the stand to the judge and jury about how broken she was emotionally. She was a single mother and was living in a small apartment and working at night once the kids went to bed. These characters were created, brought to life and lived with for a long time. The judge ruled in her favor as I recall because it was unauthorized and they made money on her work. Below is a description about the conflict with interesting comparisons. Enjoy. Full article at http://www.slate.com/id/2181776/
Excerpt “But Rowling is overstepping her bounds. She has confused the adaptations of a work, which she does own, with discussion of her work, which she doesn't. Rowling owns the original works them and any effort to adapt her book or characters to other media—films, computer games, and so on. Textually, the law gives her sway over any form in which her work may be "recast, transformed, or adapted." But she does not own discussion of her work—book reviews, literary criticism, or the fan guides that she's suing”…… “Giving Rowling what she wants would be like giving Egypt the power to control guides to the pyramids.” By Tim Wu Jan 10, 2008 in Slate Magazine

This is good information. I just can't get enough. Thank you.

Titanium Necklaces Titanium Necklaces
Thank you for your hard work to collect and organize, to share with you a lot about the fashion thing, and this is very useful to me.

I'm a new member and see I have a lot of catching up to do. I have a book trailer to help sell my book. If I'm hearing correctly, this could be considered a derivative work. I have control over where it's placed and when it is placed as a promotion on the book In and Out of Madness by N L Snowden

Thanks for your wonderful blogs and all this information.

I may have a slight advantage here: my sister has worked in music publishing for several decades. I'm definitely going to talk to her about derivatives tomorrow! Great subject!

That copyright act text made my eyes hurt. Real-life examples of derivative works for both fiction and nonfiction would definitely be illuminating!

I immediately think of things like Star Wars-type series or novelizations of films originally adapted from novels.

Cue scary music for tomorrow's post.

Youch. Yes, I do want an agent. A good one. And I know which one I want. Supply, however, exceeds demand, and until we can find a way to clone you.... :D

Oh, cripes, did I just write that? Talk about reversing the laws of economics. Demand exceeds supply. Yes. That's what I meant.

I am so glad you're addressing this again. I mean, could a sequel count? Copyright laws have fascinated me for years, and it seems wrong that a person could even sign away that type of right - it certainly wouldn't be supported under fair use because of the massive loss of potential income.

And Lucy, I think the supply of good manuscripts exceeds the demand for them, too, so it still works!

I'm sure with the help of a good agent, this is navigable.

And it occurred to me that between giving all rights to derivatives to the publisher vs. setting the work free to the wider culture via a Creative Commons license, I'd rather do the latter.

I'm not an ideologue, and I don't suggest that this is a tool for all problems or all people, but a tool it is and one that might find good use in such a situation.

Thanks for the nice post!

BB

Looks a little like traditional publishers are scrambling to remain viable to me. Change is just as painful and scary for them as it is for us. Not excusing them, mind you, for this attempted rights grab, and I'm grateful for the heads up that they're trying it. I think in 10 years the publishing industry will be almost unrecognizable from today's perspective.

"This is why you have agents by the way."

That says it all right there...between reading this and Nathan Bransford's post on using html code in Facebook, my brain hurts!

Dear oh dear ... this just made me realise, once again, that having an agent is so much better than trying to do this yourself! Thanks, even though I didn't understand half of it, and good luck.

I think I love you.

Thanks for being an awesome agent for your clients. You make literary agents look good, and your blog is my favorite of the blogging lit agents I've seen...

well, except for maybe Miss Snark's, but she's not blogging anymore, and it'd be bad business for you to be as brutally honest as her, :P

So yea, you're my current fav, and have been for some time, :)

Keep up the awesome!

Even though I haven't reached that particular problem, I can at least feel assured that if I do come across this concern over copyright I will be sure to question it. I wrote the thing, it should be my copyright. I think.

you have my undivided attention, madame.

Hey, just found the blog, working my way backwards! Just wanted to say, A. I would bet that part of the frenzy over what derivative works mean is the recent lawsuit between a certain married couple, and whether sequel and spin off were the same thing.

So, this brings a curious hypothetical. Isaac asimov wrote two (among others) main series that he's known for. The elijah bailey novels, and the foundation novels. Near the end of the last foundation novels he wrote, we suddenly were tied into the elijah bailey series, and it was discovered that a character from that series was a major player in foundation. At that point, would the entirety of one be considered a derivative work of the other?

Gently snowing, how cool is that, I just got out from under 2 feet. And this contract clause sounds almost as scary, it sounds like Macmillan is saying "give me your hard work and I can do anything I please with it." - Please say I'm wrong.

I hope it's not enforcable and that even authors desperate to be published don't accept it as is.

Good grief...

I can't say anything else, or I risk saying something I don't want anyone to hear, read, or otherwise know I'm thinking.

I'm so shocked I can't get my eyebrows to come down.

That's just shameful! That's like taking a photographer's work and claiming the copyright because you painted a mustache and glasses on the subject!

Hmm. Perhaps this was the other shoe dropping? They made the contract longer and more complicated to conceal their shenanigans?

For what it's worth, I've heard that you can actually sell the rights to make derivative works, same as normal rights. So it's not illegal -- it's just a sleazeball maneuver.

Also, giving them the benefit of the doubt: maybe legal was ordered to extend their contract boilerplate to cover e-book versions, and the intern who got the job of re-writing it used some fancy legal language without knowing what it meant?

Not that it matters. Whether their amoral or incompetent, the reasonable response is the same: send it back to them with a note saying "Um, WTF?"

Blowing the whistle on your blog is unnecessary, but much appreciated regardless.

Kristin, can agent negotiate that clause out of the contract for his/her client?

Thanks for bringing this up!!!

There is good faith and bad faith. In good faith, you would draft a boilerplate that is to your favor, but within the bounds of generally accepted rights. This one is bad faith. Trying to slide one by the author (and agent). As you say, it contradicts copyright law and all that is fair. But if the victim who agrees to it doesn't know that, what difference will it make?

My word!!! That's very not cool. Here's hoping everyone who needs to see this post will.

Wow, there are so many "little" things in the contracts that I wouldn't have a clue about if I went it alone. They'd turn in to big huge "things" as soon as I signed my life away. As always, thanks for the info!

My thoughts? WTF!? That sounds very sly and horrible.

Is this common? I'm appalled. We're talking about a pretty big publisher. Does this make you not want to deal with them, and do you have other options for your clients? Thanks for informing us.

"Derivative works" is defined in 6(b) as "any derivative works based on the Work that this Agreement authorizes the Publisher to create or to authorize others to create."

The boilerplate in section 4 includes pretty much every kind of subsidiary right, and these can be negotiated individually and included in the grant of rights or reserved by the author.

My reading of the contract is that 6(b) gives the Publisher the copyright for derivative works authorized under section 4 (such as an audio recording or a graphic-novel adaptation), but does not give them any additional rights to create derivative works that aren't expressly authorized in the author's contract.

Do you read the clause differently?

I believe "derivative works", in terms of copyright law, is commonly understood to mean sequels, spin-offs, adaptations, and so forth. Stuff that you don't want the publisher to be able to sanction without giving the author a cut.

Phew!!! That don't smell so good...

Thanks, Kristin, for the heads up!

Wait. Tell me I read that wrong.

Wow. See, this is why I want an agent, rather than trying to go it alone. It's good to have someone watching out for you.

I hope you can help your client(s) with that clause.

I'd cry 'copyright infringement' right away! Wow. As a professional photographer, I'm acutely aware of these kinds of things and for something like that to 'show' up? Boggles my mind. Wow. Wow. Wow. :( Thank you for posting!

First: this is why it's so important for content providers to read contracts, and to know what is common and uncommong in them. As Paul (above) said, this is why I would like to have an agent--to help me understand what is normal in a contract and what isn't, and to keep me from getting (pardon my American) screwed.

The objectionable part is that the publisher thinks that it should own these "derivative works," not the derivative works themselves. If it was the derivative works, you'd be outlawing, among other things, fanfiction, compendia, concordances, etc. Those things seem to simply increase excitement around a book or its universe, but never replace the actual book itself. But the way that this is written now, I could see some clever publisher claiming that it owns a fanfiction site.

Anonymous at 6:38 pm-- not only the agent, but the writer herself, working without an agent, can negotiate it out.

I've negotiated seven contracts without an agent. You need to read them very carefully. Most things, in my experience, can be changed simply by asking. But if you don't read carefully, you won't know to ask.

As an author waiting to be published, I'm not very demanding. I know I won't make much money. I know I'll work like a dog. But at the end of the day, those characters and novels are mine. I'd rather give them away for free than allow a publisher and their ghostwriters to write the series without me. If that's what that clause means, it's a "mountain worth dying on."

I flashed for a minute on James Frey. Is that his name? That guy who wrote the fictional non-fiction memoir? I have also blocked the name of his reprehensible writer-for-hire company.

How awful.

Just a Canadian law student chiming in:

US copyright law is unusual in that it explicitly covers derivative works. Title 17 of the US Code contains a definition of derivative works (in §101) that includes any form in which a work may be "recast, transformed, or adapted", including "elaborations"

Most importantly, §106(2) grants the owner of copyright the exclusive right "to prepare derivative works based upon the copyrighted work". Like the other exclusive rights enumerated in §106 (including the basic right of copyright – the right to make copies), this right can be sold to others.

Now, I may be missing something here, but as far as I know it is completely legal to assign the right to create derivative works. Indeed, I believe that in some fields (such as photography, particularly for corporate clients) it's actually fairly common.

This isn't meant to suggest that Macmillan shouldn't be putting this clause in their contract. I'm just pointing out that assigning the right to create derivative works isn't some sketchy legal trick – it's a perfectly legitimate right that you own and Macmillan wants. Whether you give it to them is up to you (although I can't think of many authors who would surrender it).

Necessary disclaimer: I'm not a lawyer yet (and I'm Canadian, to boot!), so don't rely on this like it's real legal advice – you could get into trouble.

Your "eyebrow raise" was perfectly timed, for that is exactly the expression I wore as I read those words.

All I can say is - Seriously? I mean really. Seriously? *shakes head with eyebrows still raised*

Oh, those wascally wassholes...

OK, there seems to be some dissension in the comments over whether the publisher can legally ask for these rights, but even if they can, it seems to be a bad faith move and deprives the author and creator from potential income. I'm sure most authors would like to see this clause removed!

Wow, is all I can say. And thanks for sharing!

Thanks for passing this along ... yikes!

Off topic, royalty loss on e-books from the Authors Guild:

“The Help,” by Kathryn Stockett
Author’s Standard Royalty: $3.75 hardcover; $2.28 e-book.
Author’s E-Loss = -39%
Publisher’s Margin: $4.75 hardcover; $6.32 e-book.
Publisher’s E-Gain = +33%

“Hell’s Corner,” by David Baldacci
Author's Standard Royalty: $4.20 hardcover; $2.63 e-book.
Author’s E-Loss = -37%
Publisher’s Margin: $5.80 hardcover; $7.37 e-book.
Publisher’s E-Gain = +27%

“Unbroken,” by Laura Hillenbrand
Author’s Standard Royalty: $4.05 hardcover; $3.38 e-book.
Author’s E-Loss = -17%
Publisher’s Margin: $5.45 hardcover; $9.62 e-book.
Publisher’s E-Gain = +77%

Full article: http://www.authorsguild.org/advocacy/articles/e-book-royalty-math-the-big.html

I find this quite scary, actually, and possibly somewhat underhanded. Macmillan's New Writer department receives tons of novel submissions, daily, from new and unpublished writers--most of them without representation, and with no knowledge of the industry or their rights. I'd imagine there will be an awful lot who could sign without understanding the contract, and it appears as nothing more than them taking advantage of that. :(

Frightening news about that publisher, but not unexpected. More and more of them are willing to take advantage of writers in these uncertain times, while the entire profession is in flux.

Very bad news.

>>>get in touch with the Authors Guild before doing anything so detrimental to your intellectual property rights.

*snort* Turn to the AG? The biggest sellouts in all of writing and publishing history?

The Authors Guild Leadership: 21st Century Chamberlains

Yeah, they'd be *real* helpful. NOT!

I am calling upon writers and readers alike to please boycott Macmillan Publishing until they remove the onerous clause from their contract which grants them the right to create "derivative works" based on the work they are buying from the author.

Please Tweet, blog and post on FB about this. This insane attack on writers while the entire industry is in flux has got to stop. It is time we empower ourselves and fight back. It is time we demand to be treated with dignity.

Please, help spread the word about this boycott.

We must fight back in our own self interest. No one else is going to do it for us.

Kenneth Mark Hoover
Allen, TX

And while you're boycotting, ten thousands scabs are licking their chops because now they can be "validated"...

Scott Nicholson
http://www.hauntedcomputer.com

Indie publishing gains again.

Does anyone have a copy of the contract? I'd like to see what it says.

oh my...where are your gloves? And ski mask? or at least a scarf. i may have to send you a pair of gloves.

That is the cutest picture/dog ever. Love it!

And -20? Ugh, that's terrible!

Awesome picture of you and Chutney! Stay warm. :)

Hilarious photo...be careful!!!

This picture is too funny! Be careful. Don't get frost bite, either of you!

Oh, that pic is too perfect. Both of you stay warm!

That picture is hilarious. Minus weather is why I moved south.

Where are your mittens???

Love the photo.

I'm in Wyoming and it's currently at -9. This morning it was -18. My car would not start. It was all, "It's too cold. Sorry."

It is SO COLD! Down here in the Springs it's -7 with -35 windchill. Need a gallon of hot chocolate to warm up!

I am also enjoying the weather in Denver, Had I not left my Headlights on and killed my battery I would have been enjoying it from the inside of a warm car. However freezing under the hood was apparently my destiny.

I think it's supposed to get colder before it gets warmer. We're colder than Fairbanks today.

Just think. It's supposed to hit 45 degrees on Thursday. But I'd take Saturday's 60s any day. Hope you both stayed warm on the way to work. Good luck with the contract.

This weather is not for the little dogs. Or me either. Stay in, stay warm, stay off the phone if you can.

Our high today of 20 seems positively balmy next to you guys! Of course, that's why I'm on the Western Slope. LOL.

That pic is too cute!

Oh my. That's far too cold. I will stop complaining about Alabama winters immediately.

Too cute. Are those Bogs on your feet? Best waterproof winter boots I've ever bought for the whole fam.

Snow day today here in Den...just found out we get another one tomorrow.

Why don't agents get snow days?

Hahaha--that's genius! And yikes, -12 degrees. And here I was complaining about 46-degree Los Angeles weather. Shame on me.

Stay warm!

I wonder how many people will give you a startled glance and then mutter---"My God--Ears!"

Too cute.
We had 40 degrees celcius here yesterday. I'll swap you some cold for this mind melting heat.

PS. Where are your gloves? My fingers are tingling just thinking about going outside in those temperatures without gloves on.

What a cute picture! We're sitting at a cozy 16 degrees in Detroit with 10 inches of snow on the way. Maybe I should break out the bikini! Love that Tracy Chapman CD by the way, good choice of music!

My sister lives in Lakewood, so when you report your weather I know she's getting at least some of the same. Best wishes and WARMTH to you both there in beautiful, frigid Colorado (and to Sara, too!)

I'm sorry you're so cold, but that is a hilariously awesome photo.

I'l admit, I had to look at it a few times before the confusion fully passed.

Ingenuity at its best. Adorable!

That's so cute. Keep warm. We had a bad cold snap in Ireland at Christmas.

MOST. ADORABLE. PICTURE. EVER.

It's only -10 here in Minnesota, but the windchill is in the -20 range. I have to buy live crickets today (the lizard won't eat them if they're dead) and they die in the cold temperatures, so later I'll have a bag of bugs under my coat. I envy you your dog!

HA! Great Shot!

I've been in Miami all month so I'm not looking forward to going back home to all that ice, snow, and cold in the north east, especially since I'll be driving.

You need three mittens. Two for your hands and one for his nose.

I think that photo would be even wilder if you weren't female!

Oh, man. That photo is hilarious! If you ever need some extra money, just rent out Chutney as a hot water bottle.

You don't look like you're wearing nearly enough clothes!

-says the Southern girl who wears a similar amount of clothing in 45 degree weather.

Wow, and I was bare-shouldered in the sun enough today to get a sunburn. I wouldn't know how to deal with anything below 40.

That picture is really weird with the dog coming out of your groin, or is it supposed to be one of the dogs at Writer Beware? Are you looking to agent doggie style or something? And who would want an agent with a dog handgin out in her private parts? Keeping them warm???

THis is wnat the narcissistic Miss Snark scamm agent looks like

That is way too cute.
LOLWMD

Wow... They gave out a high for tomorrow? Here the weather talk on the radio mentioned about 20-25 below and the person giving the report just said there wasn't a high.

Sounds like a rough contract, or intense at least. Good luck making it through.

28 pages?
TWENTY EIGHT PAGES???

pass the smelling salts.

28 pages! Is that normal? Is it english, or you haven't a chance of deciphering lawyer speak? I'm a little surprised it's that long.

This is why I love agents. You guys are amazing. Good luck.

Gah! Frightening.

This should be read by anybody who doubts the value of a good agent.

That speaks volumes for what kind of agent you are :)

That does not sound like fun! It makes me appreciate how much work agents do, though.

But, don't worry, I'm sure the publishers have just changed the contract so that authors get a bigger cut from e-book sales, right? :)

Hmm, best of luck getting through that.

Yikes. I hope the problem doesn't become a usual thing, and gets fixed real soon. I can't imagine waiting that long. It makes my stomach twist in knots just thinking about it!

Your post has reassured me - I'm waiting to hear back from a publisher about a future project and it feels very slow. And there I was thinking it was only me being impatient, as usual.

Do you think this could be indicative of a slow-down in the industry? Are the publishers maybe applying the breaks?

It may be lack of resource (from cutbacks -- over-shrinkage). Wouldn't be surprised if it's also more caution being placed on deal-making. More second-guessing.

This is new? It's been like that for me since 1989; but I don't have an agent. I once saw catalog copy and the cover before I saw a contract.

My guess is there are just fewer people doing the job, so it is slower for everyone. You can't really have the cheap labor (undergrad interns) doing it, so it is slowing down.

I laughed so hard at "Agent job description: nag."

Now I will spend all day wondering what the single word job description along the same lines for a writer would be.

As for the Great Contract Conspiracy, my overabundant imagination is very quick to give you several Dan Brown-esqe scenarios:

*There is a tiny rip in the time-space continuum, the Bermuda Triangle of Publishing. The publishing companies send the contracts out, but they fall into the past and have amazing untold adventures before reaching their final destination of your desk.

The next time you open a contract via email or snail mail, sniff it. Perhaps the scent of it's journeys into the past still lingers...

*Birds. Birds are secretly stealing paper all over the world for their nests. But birds, being animals of wisdom, love books, so when they discover that they have pilfered a publishing contract, they fly off to give it to the rightful owner. Sometimes on these journeys, birds will bestow their wisdom upon a select few by pooping on their car, or if the individual is very lucky, their head.

*The setting is Prague. An ancient evil threatens to awaken from it's slumber after eons of rest. A rag tag group of heroes have discovered the monster's one weakness: impatience. Acting quickly, they infiltrate the publishing industry, disguised as editors, interns, and yes, even CEOs. They drag out the process of publication for as long as they possibly can, in hopes of keeping the monster at bay.

So the next time you find yourself ready to rip out your hair in frustration, realize that you are doing your part in the fight against evil.

*Or you know, it could be like other people have suggested and it’s just that publishing companies are understaffed and overworked. Frankly, that seems a little far fetched though.

It has been nine months since my book deal and I have yet to see a contract. (And this is with constant emails and phonecalls to the publisher from my agent.) It's good to know I'm not alone.

It's weird to see how much the world is changing, and in little but obvious ways. I work for a live Audio/Video company, and it's turning into the same thing with us. Sometimes I have to nag clients once every half hour to get them to give us information or equipment that we need.

It didn't used to be that way, but so many of us are understaffed these days. I wonder if that's what's going on at the publishing houses. Are there fewer people in the contracts department?

Thank you so much for posting this. I feel vindicated now! Even worse, I'm unagented so I have no idea if I have any right to nag or not.

@Elizabeth Poole

Either "liar" or "storyteller." Take your pick.

Now we know who the publishers have let go, people in aquisitions and contracts!I can't see how it helps the publishing industry to make themselves worse to deal with. We live in exciting times and I guess this is the price.

Elizabeth Poole,
I laughed. And laughed some more. And laughed even harder after reading the last paragraph(especially the last sentence).
Thanks for that.
Sincerely,
Constance

Waited four months to sign one of my contracts, and was complaining about it. Now I know it was apparently a "rush" job. Thanks for letting us know that we are not alone in this.

Hello Agent Kristin! :)
I couldn't find anyplace to email you! You probably didn't want to get swamped with emails! lol I just wanted to make sure it was ok, but I wanted to showcase your blog on mine, since you have so much info, I didn't want to just add it to my blog list! :) I hope you don't mind but you can check it out at Tea & Ink, www.teaandink.blogspot.com and email me with any objections you may have! lol

I had no idea it would take so long to negotiate a contract once the decision was made to offer the contract. Let us know if you figure out why it's happening.

*nods* Yep, same happened to me. It was 5 months before i finally had the publishing contract to sign after my agent went back & forth with the publisher. Yeah, they held onto it for a long time, then there were changes, then there was more holding on to it, rinse & repeat.

Now we're waiting for the advance check... *taps foot*

I agree, I feel the advance check is going to take just as much time. It will be like waiting for your first social security disability check. By the time you receive it, you will qualify for retirement benefits instead.

Does this mean there will be a boom in Tylenol and Advil sales?

"Tylenol, when you need relief from all your publisher aches and pains." I like it.

Thank you for the heads up and all the great info!

Angela
http://sheerglow.blogspot.com/

More uncertainty in the pub houses I would guess -- and it's only going to get worse.

I can't see why any author with reasonable net skills would NOT try self ebook publishing and promotion at this time.

What is there to lose?

@ Anonymous at 11:55 am. Excellent choices. I am going with...storyteller. It sounds more dignified than liar.

@Constance: Yay! It brings joy to the cockles of my heart that I made you laugh. :D

Could it have something to do with delaying payments on a portion of the advance?

In my admittedly very limited experience, large companies consider it a terrible thing to spend money today if there is any method available to delay the spending until tomorrow.

Or maybe I'm just a cynic venturing into conspiracy country.

What an awful thing to contemplate.

Kristen,
I don't know much about publishing contracts, so forgive me if this question doesn't make sense. What grounds can the author use in this circumstances to get her rights back? I'm guessing "suspects publisher is going to go bankrupt" isn't grounds enough?

I'm confused--I've heard this a couple of times--What's the point of having a bankruptcy clause if nobody will acknowledge it? I mean, I'm guessing it's important so that you'll eventually be able show proof of ownership--It just seems like the clause should avert all the hassle in the first place...

It says much about the state of the industry to see so many blog posts and articles about publishers going out of business or having lots of financial difficulties.

I guess it's like that everywhere right now; but worse in publishing.

Ask for a statement?
And they'll get right on that, won't they. Heh-heh.;)Cotton candy while you wait!

I'm taking a bankruptcy class right now, so these posts on bankruptcy are really interesting.

nymfaux- the clauses are generally put in for one of three reasons- they're either standard and no one has bothered to take them out of the form, one party knows they aren't enforceable, but for whatever reason wants to mislead the other party, or neither party knows they aren't enforceable. There might be other reasons, but those are the main ones I can think of.

Bankruptcy tends be a specialized area, and nonbankruptcy lawyers often don't have any background it it.

Something else to remember--any reversions made within a certain time period before the publisher's bankruptcy filing are deemed void by the bankruptcy court. It used to be six months, but please check with an attorney.

What this means is if the publisher signs the rights back to the author the week before they file, the court looks at it as an attempt by the publisher to defraud his other creditors.

@Lynnet thanks that's very interesting and helps it make a little more sense--I hope your class is going well

The question I have is would the publishing house notify you with enough time in advance?

I don't see that happening.

Kristin,
Thanks as always for the info. Can you elaborate on the "stumbling blocks" of the second novel you spoke of?

I had the same question. I thought of Dan Brown and how he had more success with THE DA VINCI CODE than he did with ANGELS AND DEMONS, which he'd written first. Just one example, but it'd be great to have the "stumbling blocks" clarified. :)

Are several "stand alone" novels ever sold as a multiple book contract? I understand selling a series in a multiple book contract, but there are a lot of non-literary books that stand alone. I am currently querying a contemperary YA novel and writing a second. The second novel doesn't have any common characters with the first and both books are meant to stand alone. Do publishers actually give multiple book deals to writers like me? I always assumed I'd be selling each book individully.

Aww, does that mean no more Jamie Ford? Or is he off writing for ten years?

This is interesting though. I mean, all authors' nightmares consist of books not selling a dime and them never being published again. Those two-book deals don't seem too bad for those writing single novels.

But, like said, I won't worry. YA series and various other novels to share. I could never write literary or nonfiction if I was forced-fed poison...well, I could, but it'd be awful.
BTW, though this would be cool for you to know - there was this contest I was enterering to win some awesome YA books, and one was "GIVE UP THE GHOST". And one of the questions to get it was "What was your favorite kiss scene in any YA book?" Not only was PERFECT CHEMISTRY mentioned (a given) but so was THE DEMON'S LEXICON! Three in one blog post! :)

Looking forward to more on the subject!

For genre fiction if you get a two or more book deal, do the books have to be related?

Thanks for sharing. It's great to see why an agent would strive for one type of deal over another.

Hi Kristin,

You're really a great writer who is agenting... this piece is really great. Thank you very much.

Rehman Pakistani
Editor
http://theterrorland.blogspot.com

Kristin,

What a great insight.

Looking forward to more on the subject!

Kristin--I'm a genre (fantasy) writer. My current goal is to eventually get a novel published but I already know I'm not one of those writers who can write to a deadline, and many of my fantasy projects are looking to be standalones. I don't intend to sign a mutli-book contract if I can help it at all, but I can think of only one fantasy author who isn't writng copious numbers of novels (Robin McKinley). How likely is it that I'd be able to get a one book contract, for each book as I finish it, instead of having to do a multi-book one and failing miserably?

I think I'd prefer one book deals, I'd rather have a book written and available than all the stress of writing to a deadline - that wouldn't be creatively inspiring

Thanks for nugget - "one’s editor tends to be really important in literary fiction"

Could you talk about option novels sometime soon? In your experience do they usually sell to the initial publisher?

Thanks for all you do here!

Gosh, you're gorgeous in that photo! Wow. Mama mia. I so love mature women. Thank God! I will see you Upstairs in the Great Beyond for my BIG-OL party for years and years celebrating our resurrection!! Very cool. Can't wait...

I knew the single-book deal has its advantages thanks

It is more a pressure to have signed a multi-book deal and you get the block rather than be stressed for another contract.

Can you talk a little bit more about why an editor is more important to a literary fiction author than to a genre author? Is the nature of the editor different (ie, does the editor of a literary fiction novel do something different than a genre editor)?

I've heard of various writers struggling to write a second book because now there is more pressure to be as good or better as the first book.

The first book is something you can take as long as you want to write and edit--while the second you might be under the gun to produce...or just feel a creative block, especially after you've been in the editing mode for so long.

Thanks for posting on this, Kristin. It really is comforting to know that not every agent will press a writer to take a multi-book contract if such a contract doesn't work for that writer's needs.

Personally I'd rather build my reputation one high-quality book at a time than rush out with a second or third book that just isn't ready.

Thanks for that, Kristin.

I have a question for you. I've done a lot of research on the publishing market, and that includes self publishing. In a blog about self publishing (http://www.fonerbooks.com/contract.htm), I read the following statement:

Here the author grants the publisher the right to publish the work, as protected by copyright law. For most authors this means the exclusive worldwide rights, including all derivative works, etc.

I understand that it's natural for the publisher to own the right to publishing the books, but all derivative works as well? Does this mean that if I write my fantasy series and manage to sell the trilogy to a publisher, I can't ever write anything else from that world or use those unique magical characters I've created and sell it to another publisher (if the trilogy publisher doesn't want to buy it)? Or even just write short stories and publish it on my webpage or whatnot?

Is this a negotiation matter?

For reason number 1 alone I just don't think multi-book contracts are for everyone. Great post.

Very interesting post. I'm thinking maybe I'm pitching my YA novel wrong. Maybe it should be classified as literary like "Hotel on the Corner of Bitter and Sweet."

I'll have to think about that.

Yes, I also want to know the answer to Katie's question @ 9:21 -- what about that?

Love this post, this is the crap no one else talks about!

This is great information. I'm currently writing a novel and if I manage to sell it, I already know I would lean toward a one book deal. I think the second book is such a huge undertaking and I could never write it on deadline. I firmly believe the quality would suffer and I'd hate to have a crappy sophomore novel because I had to rush the process.

My last fantasy contract was a single book contract because it was the last book in as series and we wanted a clean break between book five of the last series and the beginning of the next. Current contract is three books.

@ Tessa

I'm not up on the finer points of contract, but I would not sign anything that looked like that. For starters, agents often hold back and manage foreign rights separately. In such a case, a U.S. publisher would only get North American rights. Another point is that you should hold onto film and certain other subsidiary rights wherever possible--another thing your agent can help with.

"All derivative works" is an insane clause (unless a list of derivative works is given and has limitations). Theoretically you couldn't even publish a short story based on your novels without their permission.

This is why you need, need, NEED a good agent.

If you're going to self-publish, it makes more sense to be a true self-publisher, where you do the dealing with the printers, designers, etc., pay full costs and retain full control of your rights. Otherwise you may end by giving up more than you want for a package of services that does less than you hoped for.

Hope this helps. :-)

That helps. Thanks so much :) And yes, self-publishing is my last resort. First is to try to get an agent. Second to get a publisher. If neither work, I'll re-write the story and try again. If that doesn't work then I might look into self-publishing.

How does one get a literary blog to be read by an agent? I cannot find any helpful information. Self promotion can only do so much.

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I think the best thing to do in this situation if a writer insists on a one book deal is put in a solid option for the second book in the contract.

This will keep your options open, if they choose to write a second book, you get "First Dibs" on the deal. Throw in better terms than the first to get the author interested b/c you are only going to want to publish the second book if the first one performs anyway.

When I query an agent should I mention that the book I'm selling is the first in a trilogy? Some writers tell me that I shouldn't, but I'm not sure.

Stella that's an excellent question. I have a series, but I'm not sure if I should query the first book as a stand alone or query it as a series.

I've been told to say something like:

Awesomest Book Ever is a stand alone novel with series potential.

Maybe you could try that.

Huh, interesting topic. I'm not a writer so I'll refrain from commenting on it, but I will check back on comments. :)

Stella and Erinn, what I've heard is that you should make the first book strong enough it can stand on its own, but has series potential. Then you query saying exactly that--written as a stand alone with series potential. Hope that helps!

Thanks for the post, Kristin! I think as writers we tend to look very favorably on multi-book deals, and forget that the advance money needs to be a good sum for all those books. I guess that's one more reason we need agents!

I can't wait to have a contract whether single or multi. It only takes one. And the rest is history so to speak.

Yeah, Stella, I agree with Suzanne. Best to query the first book only. I'm always seeing agents mention this about bad queries.

Awesomest Book Ever is a stand alone novel with series potential.
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For a first time author, is it best to stay away from series all together?

The sort of series I'm referring to would be similar to The Inheritance Cycle or Lord of the Rings (an extreme example), where the story isn't complete until the end of the last book, so the first book queried couldn't be stand alone.

I ask because I'm currently working on a book which I'm not sure I can fit into the fantasy guidelines of 110k words, and is looking more and more likely to span two full length novels. Is this going to cause a problem when I get to the query process?

Hello Kristin,

I was wondering if you would offer a critique of someones query letter? I wrote my first novel and showed some old army buddies. They showed their friends, and, well, they all pooled together for a line editor for me. Now that the novel is in that stage I was wondering if it was time for me to start putting together a query letter. I've got a lot of people betting on me, so I want to do them right. Would you be willing to critique a query letter in private? I don't want to give away a ending before it publishes. The first two short stories I wrote were accepted to magazines and I have two new ones I am going to send out. I'm about to undertake my second novel, but I am afraid of doing to much writing and not enough agent searching. Any help would be great.

I am reading your blog and it will be helpful when I get to the right stages.


I hope you have a wonderful day,

Draven Ames

"the first book queried couldn't be stand alone"

Each book needs to work as an individual unit, though. Star Wars, say, is a good example of a standalone film that very clearly would justify sequels if the demand is there. One of the ways it does that is by hinting at a bigger picture - the main one, though, is it works so darn well as an individual movie.

So, rather than try to commit a publisher to ten books before, show them one brilliant one.

Think of this from the readers' point of view. If your story *really* doesn't work until they finish book ten ... well, are they going to stick around that long?

Concentrate on the first book. Get that right and the sequels will look after themselves.

Draven

Query/agent research is a snip :) First visit queryshark (http://queryshark.blogspot.com/) and read the six years of query critiques. This will give you an idea of the dos and don'ts of query writing. Then read the blogs and websites of agents who represent the type of book you have written. Then you're ready to write your own query, and submit your manuscript. Good luck!

If you are a genre writer- specifically fantasy, what if you don't have a series? I am in final edits to a story that I consider complete, stand alone. I am sure the characters still have adventures and trials, but I am very happy with where they end and have no further inspiration with them. Also, the novel is around 85k (in final edits, so might move a little from that but not much). Can I get such a short, stand alone fantasy book published?

Another point you may want to cover with the multibook contract are some of the contract land mines you want to avoid like having all of the royalties held until all of the author's books in that contract have earned out.

Kristin, how long on average does it take for editors to respond to you with an answer, one way or the other, after you've submitted a manuscript to them? Thanks very much!

Thanks for talking about this; my project happens to be a YA/urban fantasy series, so of course I'm looking at multi-books...it'll be cool to know hos this works. You always talk about the right stuff. :)

The Onion loves to pick on publishing. Here's a clip they did with a friend of mine as John Basil, publisher.

http://onion.com/dmdCbx via @TheOnion - Adults Go Wild Over Latest In Children's Picture Book Series

The real crime is the waste of mayo. I'm just saying what everybody's thinking.

Haha, condiment crime spree. Hopefully someone will commit a felony with ketchup so those three words can be strung together again.

The Onion article is hilarious as well. A girl seeing past the "brooding exterior" of a "bad-boy" minotaur, eh? I can see the cover now - a swooning girl and a buff, half-bull teenage boy - never mind, I can't, it's too hysterical.

I do like the idea of a "bad-boy Mayan vision serpent" though. :)

Hey now! As a Boisean myself I feel compelled to defend the condiment woman (dare I call her saucy?).

Sadly, I can't. It seems like everytime Idaho makes the nat'l. news it's for something wacky: women scalping each other in Kirkham hot springs, crazy man killing entire family and going on the run with the two kids, a small town changing it's zoning code so all residents are 'required' to own a gun.

Yes, it's a weird and wonderful world here in potato-land.

Way to go, Idaho! (channelling Toy Story there)

Minotaurs the new Vampires? Oh noes, I heard it was ferrets! LOL!

So that's why all my library books have had a mayonaisey smell lately...

That is hilarious. I love that the library in question is like 10 minutes from my house and I haven't heard a thing about these "condiment-related crimes" in local news. Thank you Kristin for keeping me up to date. :)

I would totally laugh at the mayo spree if I weren't currently working in a library. I've had one to many experiences of reaching into the book drop and pulling my hand out to find it covered in various slimy and/or sticky things.

And Minotaurs, wow! But hey, who would've believed me five years ago if I told them sparkling vampires where the next hot thing?

Not to jump off topic--because I totally love the condiment crime spree and Minotaur update,

but I'm curious why the publishers aren't able to take current data and show the author what their royalties would have been had they been under the amended contracts?--I'm guessing that's what the auditors do?--I really don't know.

This gives me hope for my Bolano-inspired story of a bad-boy chupacabra.

LOL.... I work in a library and certainly got a kick out of the book drop story. Hopefully it doesn't become a trend!

That Onion article is so well timed. I was shelving in Fiction yesterday and noticed all the many many vampire related books out there. (I knew we had a lot in YA, but I was surprised to see so many in Fiction as well!)

Mayonnaise? On books?
It's distressing how many people get that wrong.
It's mustard on books. Mayonnaise should only be dumped on videos, although salsa is also acceptable on DVDs, and of course nothing goes better with Blue-Ray than a nice ranch dressing.

People... why on earth are we the dominant species?

All I can see is a poor 74 y/o nice grandma in handcuffs...in a little jail cell...for mayo on books with realish other criminal in there. Anyone else seeing this picture after the drop! I'm telling other people about this story, so thanks for sharing!

Oh my gosh, The Onion post was classic! Bad-boy minotaur...wait, I would totally read a book about a labyrinth. Darn...

The Onion... Mayo... Damn, I'm getting hungry.

The even funnier thing is: that mayo crime happened in Idaho Falls- it's just too small to show up in the National News, so they call it Boise. That's where I live, and the next day, the library drop box was closed off! Oh brother! I agree though, the question is: why?

Actually, there's a crime trick...condiment crooks... pulled in Toronto where one crook squirts ketchup on a pedestrian while the second crook steals his wallet.

Check out author Brandilynn Collin's blog for her ideas on what the condiment woman might be saying about the books: http://bit.ly/dbcvof

Ha..priceless...
However, it makes me sad for the little boy...he was probably pummeled after the commercial...lol

YES. :D Hahaha, fantastic!

That was so awesome! I want one of those dolls ;)

HAHAHAHAHA! I've seen that video posted before, but this was the first time I had a chance to watch it. HILARIOUS.

Thanks.

That video = PURE AWESOME! "Nobody wants to read books written by GIRLS!"
hahahahaha.

Thanks for posting.

"Run away!"

Hilarious! Oh my gosh, I wish I had the set :)

That is HILARIOUS!!! I'm going to have to put it on FB-- thanks for sharing!

Reading that press release almost reminds me of someone arguing "did not" when confronted with an accusation, but not going into any more detail than that.

You know, when someone counters specific charges with "nuh uh," it's just not believable.

The AG said that Wiley changed e-book royalties from cover price to net receipts. It would be nice to say, "No, we didn't," or "We did, but we drastically bumped up the royalty rate in compensation."

"We don't think so" is just a dumb, unbelievable response.

Just found your blog, and love it! Thanks for keeping it real~

God I love youtube too - except when I catch myself after wasting a couple of hours watching vids instead of sleeping or writing or doing something else essential!

This though was one of the funniest things I've seen! must repost. Thanks for sharing!

Wow. Just. Wow.

Wow. That is some shady business dealings. Behavior like that puts the whole company in a negative light and puts their very integrity into question. As an author, the fact that they would conspire in this way would make we want to avoid them completely.

This is one of the reasons I like you so much, kudos to you for letting the word out- even when it doesn't affect you.

Wow, that's crazy.
Thanks for the post!

I can't believe they would do that. It's ridiculous and outrageous!

WHY!?!

THat's it! I'm marking them off my list. Yeeuucchh are they trying to lose authors?

Wow! Wiley's legal devision just made sure they'd be earning their paychecks for awhile. That just says "sue me" all over.

Absolutely shocked to see this.

And a big thank you to agents like Kristin and to AG who keep all of us informed and warned.

That seems highly unethical to me, and I'm glad there are agents on top of the issue.

Also, Forever Young was my prom song so now it's stuck in my head--thanks. :)

Thank you for posting this to keep your readership informed.

I would guess that many Bloomberg Press authors don't have agents. That's what makss this especially sneaky and underhanded.

Despicable. I wonder if Writer Beware! knows about this.

That is absolutely ridiculous. Wouldn't they have to send the contract to the agent before the writers? Hopefully the agents of the authors caught it.

This is shocking! This is a good way to alienate future writers. What were they thinking?

Thanks for the warning. I won't query them first hand, if I can't get an agent. I'm assuming they're first and foremost trying to trick the agent-less people.

And why am I not surprised?

Please shoot me now! Though I have been working on a book for some time, I am new to the publishing world. I wish I had found your site with examples of submitted query letters prior to sending one out yesterday. Ouch! Kristin, if you feel so inclined to read it and give any advice, please shoot me an e-mail. Thanks!

Royalties on "unknowable" net are a screw, period. Not because the percentage is off. If the publisher sold the books for 50% of cover price, I wouldn't mind that I got 20% of net, as opposed to 10% of cover price. But, guess what, publishers can sell the book for anything they want to. Why don't they add in their contract that they won't sell the book for less than 50% of cover price. Then, gimme a double cut of net, I don't mind.

Why hide the truth in a contract? That's the place where everything should be clearly stated and understood by both parties... and, well, being "knowable" helps.

The payment a publisher makes for "content" should be stable, knowable, and, well, payable. Please.

I think Joe and his agents are pioneers, blazing a new trail that will soon become an alternative for publication.

Bravo to Konrath's agent for continuing to believe in Joe's book after the bigs turned it down.

I hope they sell a ton of copies. People who have the courage of their convictions should be rewarded.

I appreciate how well you do at making everything clear and concise. Legalese can get so confusing to me that I really like reading this in plain language that I can understand. The more knowledge we have as authors, the better prepared we are to embark on the publication journey.

I can only hope that I am able to sign with an agent who is as savvy and concerned about electronic rights as you are Kristin.

This is great info - I can't wait until I'm at the point that I need it. :)

Knowing what I know from my own e-book sales, I'd fight for the e-book rights as hard as I could.

Can I just say you're brilliant.

Gotta keep chipping away at that granite. eRoyalties are a really big deal to me, not because what they mean now, but what they're going to mean five years from now. I only hope that I'm in such a dominant negotiating position that my threat to walk away from a deal over eroyalties would have a genuine impact on the final agreement.

As it is, I would take a lower advance for better eroyalties if that established a baseline royalty rate for future publications. I consider it a solid investment in my future.

Thanks for explaining the agency model. I finally understand it. Are the publishers going to be reworking their numbers every time a new technology comes out?

Great song! I heard Cape Canaveral on NPR awhile ago and immediately bought it.

I am so glad someone out there is blogging about this. I'd be really nervous if I didn't SEE agents discussing this topic out in the open. It's bloggers like you that help dispel the myth that you have to get published before you can begin to learn the secrets of the ancient society of the publishing world. :D

Thanks for the informative post, Kristin. You always give us something new to chew on.

Maybe this has been covered before, but I missed it. Do the electronic royalty payments count against the advance or are they independent of it?

Dave K

The absolute thievery that is the royalty structure for e-books makes me very hesitant about even trying to get published in the traditional manner.

As a poster mentioned above, it is not 2010 that worries me. It is 2020 or pick-a-date-down-the-road.

If I am fortunate enough to get published and do well, I am certainly going to regret agreeing to the 25% or 70% model if 80% of my sales are e-sales. So the publisher saves the cost of returns, printing, warehousing and transportation and I get 25% of 70%??

Screw job. Nothing more, nothing less.

Boy, this really makes me want to make sure I get a tough, smart, agent. Thinking of that little side gate to add when the publishers won't budge? Golden. I had been wondering if just such a thing could be done.

In the next blog I read another *agent* quotes Kristin as an authority on how the film industry defines ebook rights. If that's not an endorsement of what a leader she is in the field, I don't know what is.

Wow, that sounds like a really "catch all" tidbit to add to a contract. I like it. Thanks for keeping us informed (like always).

Thanks, Kristin. My agent is shopping several projects right now, so this is really impotant stuff for me to know (and hopefully apply!).

When a book goes out of print, it usually reverts to the author.

How does an ebook go out of print?

I see value in having an agent. I'm starting to see less in signing away my rights with publishers who don't appear to respect their consumer base.

In any case, enlightening post. Encore seems like a good deal; let's see how it pans out.

Anonymous of 2:19

Two words for you: Sales Thresholds

In the Out of Print clause is how we protect authors when it comes to ebooks and what constitutes out of print.

That's hilarious. I also love that as an adult I find the nerdiest stuff funny. I made a joke about encryption to a computer programmer the other day. And then I shook my head.

You really do need a sense of humor to make it through the day. There are too many crinkly eyebrows in every day dealings. Hooray for a good sense of humor. I love hearing that. There's hope.

I guess someone has to type all of those 1's and 0's. I'm afraid you may get more of the same from other publishers. Just try not to spit coffee on them. ;-)

But pound for pound, an ebook is more expensive to produce! Let's assume a $30 hardback that weighs half a pound costs $5 to produce. That makes it $10/lb. Now let's be generous and say a $15 ebook that weighs nothing (because bits are weightless) costs a penny to produce. (And don't your publishers wish they could pull that off?) That still makes it infinite dollars per pound.

Sure, I'll sign on for 25% of infinity.

I certainly hope he was joking! :O

Love it! This also highlights the importance of having an agent who has such positive working relationships with others in the business - even when they disagree.

This brought a smile to my face. Finding the humor in a serious situation is the best kind of stress relief for me.

This is good to know! I hope you keep us updated, with whatever it is you'll be able to share. Thanks for the post.

Just thought you'd be interested to know that open-publisher Lulu.com has taken a huge leap towards creating the world's largest book store today by adding traditionally published books to their library. You can see the announcement from CEO Bob Young here: http://lulublog.com/2010/04/12/message-from-bob/

Kristin, all I can say is, I'm so glad there are agents like you to take care of writers like me. It's all so confusing.

Huh, "multimedia product" could mean anything from a brochure with illustrations to a video card to an iPad. Googling that phrase gives you a vast array of random stuff. Very tricksy.

I'm glad I am a humble engineer who doesn't have to deal with this business trickery. I have no patience for such shenanigans.

Learn something new every day. I thought a boilerplate was one of those nifty apartment appliances on which you make soup and boil water. ;)

I started on the print side, but I've been in Multimedia for the past 5 years. Things are really exciting for us right now. :)

Why a writer needs an agent. The terminology has become like reading a lawyer's document -- unintelligible except to the insider, and probably not then

Thanks for the heads up. This stuff is fascinating, and I'm glad you keep us updated!

By incorporating phrasing like "Multimedia Product" into the boilerplate, is this implying that such terms are non-negotiable for the publisher? In other words, they are just expecting authors to sign away all rights to any existing or forthcoming format, and unwilling authors just have to walk on the deal?

Is there anything about multimedia product clauses that limits transfer of medium (say, turning the book into a flash animation/game, just for sake of outlandish argument)? With language that broad, what even constitutes a transfer of medium beyond the scope of the contract?

Hi Kristin. I'm curious what royalty % publishers will pay authors. Considering that you can self publish an ebook and get up to 70%. J Konrath has lots to say about ebooks on his blog. I still see the benefits in having an agent, and I see how hard you all work, but newbie authors can make good money controlling their ebook rights.

If we put aside the quality of some self published books and concentrate on revenue, I think more writers will go down this path. Konrath has made me think about the traditional path of agent and publisher. Low priced good quality ebooks at 70% royalty. Makes me think.

Do you have an opinion you can share about this. What do you think is a fair royalty % for ebooks if the publisher has the rights.

Thanks, Simon.

I'm very interested to see how "multi media product" is defined.
I have this company in my head called "Multi Story." The image is a multi-storied building. The first floor is the traditional book. The second floor includes the book plus an interview with the author (formatted for e-readers). The stories keep going until you reach the top floor--- will that be a movie, or a Wii game based on the book?
I would love to see books presented with so many different options to experience them.
I would also love to tap into my husband's database of investors and start such a company. Maybe some of your romance writers could give me tips on seduction...
:-)

One of the downsides of being a non-New York agent is you can't arrange a meeting and pass your flu bug on to the publisher's staff. (Grin)

It's easy for me to say it because I'm not the one doing the work, but you and the other agents who debate with publishers over these boilerplate changes are going to help define 21st century publishing. So do good work, and, you know, no pressure.

Thanks for letting us know. It's worked out well for authors to hold on to some electronic rights, especially in the short fiction markets. But as the industry changes, it will be harder for authors to interpret what these rights are, and even worse if the industry as a whole doesn't know.

Different definitions for those things?? Ya'll in the publishing industry must still be behind the times in ho you can make your content work for you... when I started as a tech writer in 1998 the move was just happening in manuals to move to PDFs rather than printed materials, and we've been dealing with it since. It's not a lot of effort to take one source and plug it into multiple formats to generate two totally different end products... you can take something authored in Word, plug it into two different InDesign templates and hit the generate button... two different outputs (note: I live in a world where Adobe Acrobat is king). Seriously... there are a lot of out of work technical writers who could generate different formats in their sleep (or at least on a Monday morning before the coffee kicks in). Look outside the box!

but no answer, eh? Figures. lolol!

This may be a naive question, but how are returns on electronic copies handled? With physical copies, I get it. What doesn't sell gets sent back to the publisher. (Or with paperbacks, just the cover while the rest gets trashed.)

But there isn't any issue with stock room space in electronic copies.

Any idea how sellers are determining how to stock the electronic copies in order to have a stock that would need to be returned if it doesn't sell? Because, really, you just take the file off your server if it's electronic. There aren't multiple copies that the distributor is holding.

Interesting non-answer by such contract person.

Thanks for sharing Kristin, but that song is already ingrained into my permanent memory.

So, how can there be returns on electronic books? Does Apple "purchase" a certain number? There's nothing physical to return.

I don't know how this specifically works with books, but I know with Apps sales on the iPhone, even though the developer only gets 70% of the price, they pay 100% of the return.

Techcrunch ran the story in March of last year. http://techcrunch.com/2009/03/25/apples-iphone-app-refund-policies-could-bankrupt-developers/

Very interesting! I'd love to see a post on e-returns. How can they return something they don't physically possess?

Allowing returns on electronic copies makes no sense to me at all. Wouldn't the e-book format allow for a 'just in time' model that would remove the need for returns? Thank you for thinking about things way down the track ahead of us, Kristin.

Everything connected with e-copies seems to become murkier and murkier!

How about telling them "if you can't define your contract language properly, you can't have any e-book rights at all" !

::Rolls eyes:: Why in the world would they think anyone will sign their contracts when they haven't decided how the author payments will be calculated?

Note to self: this is how agents earn their 15%

I miss springtime in Colorado. I grew up in Pueblo and I now live in Ohio. Ohio is green and beautiful once spring gets sprung, but it doesn't get actually nice until about May. :(

I read a great, totally unbiased article about the pros, cons, and potential impact of the Google Books Settlement yesterday and it made me wonder what the compensation model they're using is like compared to what Apple is offering. Considering that the publishers have utterly abdicated their responsibility for where the future of their industry is going, it's no wonder they're dithering - they have to wait for Apple and Google to set their digital book business model for them. Any decisions they make now are irrelevant in the face of what those two technology titans decide in the coming months.

Speaking of Google Books, how does that work, contractually? I know authors can opt in or opt out, but how are you advising newbies to handle it? Do the publishers weigh in at all in that decision? I can imagine some might prohibit it and some might encourage it.

Google Books Article: http://www.callawyer.com/story.cfm?eid=908042&evid=1

I suppose I understand where they're coming from, though I don't find it acceptable. Not at all.
The publishers probably don't want to accept your language because it will set a precedent, and they don't want to get left behind when/if the other big houses settle on better terms. This is an incredibly bad/sad/maddening position (essentially a take it or leave it till sometime later -- if ever) for you and your client. I'll be interested to hear how this works out.

I do not envy your job. I do appreciate you fighting the good fight for us authors.

I love a rant that includes a good snort.

Kristin, I just love how you can put the most important contract information in understandable terms for those of us that are contract language challenged. Thank you so much for taking such good care of your clients! You rock!

Ick. That sucks. I'm sorry!

Having spent most of my professional life working on commission I have to say: Uh-uh. No. No way. 25% of undefined/undisclosed is not cool.

Give 'em hell.

I don't deal with editorial agenda as much in my new position as I did in my old position. In my old position, I was on the front line of the company e-evolution strategy, and I can say without hesitation that the company was unprepared. Not just technologically but mentally. It was new, it was different, and it scared the hell out of them. The best way I could describe their mindset was, "I don't understand this. I'm scared of this. Please tell me what I'm supposed to think so I can continue with my job without actually learning anything about this new paradigm in my profession."

The only publishers that scare me more than the ones that have no e-strategy are the ones that saw this and have prepared accordingly. Many of the positions they have maneuvered to have not been author friendly.

I wonder how a smaller press would've responded. Do any publishers have it worked out yet?

Interesting. Simon.

This is why authors need agents. Don't leave home without one!

There are probably unagented authors out there who have no idea they should be asking these sort of questions before signing.

Dither, wait, don't decide, sit on the fence...? I cannot think of any other industry that would be a slow moving to adapt to change as publishing seems to be.

Bright side: perhaps this is a blessing... still free to shop around since nothing has been signed yet.

Is it just me, or are the major publishers (with a move to royalties off net) trying to shift to a payment structure that more closely resembles POD publishers?

I think it's discouraging and telling to learn that they are adopting a model that they haven't even thought through yet, but there is another choice besides capitulating or punting.

You can include a clause in the contract that states that if they provide any other author with a more favorable compensation formula regarding the agency model within a certain time frame, that formula must be retroactively applied to the author's contract. There are all sorts of other clauses and contingencies that can be incorporated into the language that will allow the author to go forward, but not give up a more favorable formula that the publisher may apply in the future.

Good luck!

Hi Kristin,

Your posts are always so informative, thanks so much. I've been absorbing a lot of your posts about contracts. I've been offered a book contract by a small, niche publisher for a short holiday book. I don't have an agent and sort of think that it'd be hard to get one just for this small holiday book, so I'm extremely grateful for the wealth of information on your blog about these things.

Thanks a million!

I just want to say thank you for working so hard for your clients--and then sharing with the rest of the world what might be a potential issue for us if we're not represented by you...you do us all a great service. THANK YOU.

That's terrible- sounds like it's a put off because they are annoyed at being put out by you making them do their job correctly.

THAT is why I love you. I hope some day I can call you mine.

xo - Emily

Publishers. The world is changing. Quit dithering. We agents have to negotiate contracts now so maybe get on this. Telling us we can just put it on hold until you get your act together isn’t an alternative.

Here here! Thing is, there is little incentive for Big McBox publisher to change because 'he who has the most money writes the rules.' They know you'll wait.

I will now go celebrate my smallness with a margarita.

And publishers wonder why they can't get a grip on falling sales and lost profits? This particular situation must be so frustrating because it puts you and your author in a bad place: either accept bad terms on e-books or wait for an indefinite period of time (which may be never) for them to make up their mind, at which point neither one of you has seen any income from said book. Ridiculous. It will be nice when the day comes that the people who hold the power are not the slowest to act.

So what they are saying is sign a contract even though there's no way to really understand the terms, or we won't publish you?

I have no law background, but it does seem possible that putting ambiguous terms in the contract purposefully, might invalidate that contract, or perhaps the eBook rights portion of it?

Either way, it certainly stinks!

(Picking this up late from PL... )

Most days lately, I get this awful feeling that the definition of net receipts is going to fall victim to the same expenses creep as net film receipts. And that makes me want to reach for the bourbon, and it's not even noon.

Just.... wow. I wonder if the other houses are saying something similar to agents, or if they're scrambling for a solution? Hmmmm...

Why is the assumption that publishers are trying to pull a fast one on authors and agents? The people forcing change and demanding terms are the e-book retailers. Just as agents are protecting their authors by putting up stop signs and saying we need to figure this out, publishers are putting up stop signs to the e-book vendors to protect both the publishers and the authors. That's why it's taking some time to figure this out.

Anonymous 1 to Anonymous 2:

"Why is the assumption that publishers are trying to pull a fast one on authors and agents?"

For those not in publishing, moves by houses to claim licenses to ebooks from existing contracts that wouldn't properly compensate authors make a lasting impression.

For those in publishing, I can assure you we were discussing revised strategy to accommodate the growing ebook market long before there was a kindle or an ipad.

Goal 1: Create a mode that prevents resale and eliminate the used book.

Goal 2: Encourage the belief that the ebook is a supplement to the printed text. Authors should think of them as "extras" or "throw aways" for a niche market. Secure long-term rights for low royalties.

Publishers don't want to totally screw authors. Without authors, there are no publishers. But there has been a growing sense of publishing royalties as secondary income among the editorial teams I've worked with. The author is assumed to have a full time job that pays the bills and writing royalties is bonus/fun money. Thus reducing their royalties is okay because you're not jeopardizing anyone's livelihood. Those authors that are large enough sellers to make a living off their publications are also important enough to make greater demands, and thus are an exception to said mindset. As an exception, it creates two identifiable groups: Money Makers and Everyone Else. If Everyone Else wants to get paid better, they should sell more.

Certainly this paints the publisher as villain with a mustache to be twirled and that might be an unfair description of many houses out there that act more ethically than others. But in the end, it's all business and houses can only do two things to generate money, sell and cut costs. It's much easier to cut costs by reducing author royalties than it is to renegotiate with sellers.

This does not surprise me at all! I love the publishing business, but it isn't known for quick innovation/change. I've been on the other side of the deal negotiating contracts as an editor, and there are times when you have to wait for higher ups to make the big decisions, not that that is an excuse - just the way it works.

Love your perspective Kristen! Keep up the great work.

Eesh! That's tough. On one hand, you want to sell the book for your client, on the other hand, you want to get them what is fair. Vague usually never works to the contract signer's advantage. How will you handle this?

I still think that somehow the e-book vendors are avoiding examination here. But they're the ones demanding that a $26 hardcover book be priced at half that amount. So then do the math using the current (non-agency) royalty model: on a $13 e-book the e-bookseller gets half, leaving $6.50 for publisher/author. On the print book at 15%, the author got almost $4. So take away $4 from $6.50 and the publisher is left with $2.50 a book. You can't sustain a business on that. It won't be long before there are no publishers left to pay advances if we use that model. I'm not disputing that some people will use this moment as an opportunity to squeeze other players in this business, but we have to remember who the prime mover in this most recent episode is.

I get that it may take time to sort out the e-rights issue, but how it sounds like the author is supposed to sign a contract with undefined terms for payment? What is the point of having a contract clause at all if it's that wiggly?

This is one of those examples that makes me want to self-publish. Yeah, I know that it's a nasty word, but from everything I have been reading, the big publishers are acting the music business did 10 years ago: clueless. Time to just setup up my own publishing company, outsource my editing, and publish directly to the Kindle and Nook. Just tell me when these big companies get a clue, so I can do the whole query thingy.

Sounds like they want to play :)

You rock. That is all.

Strange that the agency model will work for the Amazon and Apple stores, but a similar model can't work for authors. I don't see why it can't be one pie, regardless of price, and divided by percentages accordingly.

You don't redefine a pie every time someone takes a slice. And the publishers are still getting the lion's share. If they only want to offer 17.5% not 25%, then say so. Don't hide it in the numbers.

It's also worth noting that while publishers and authors were queuing up to condemn Amazon and laud Apple ... Apple snuck in a clause saying they could charge whatever they liked for ebooks.

http://www.nytimes.com/2010/02/18/technology/18apple.html?ref=books

So ...

Amazon's deal: we'll pay publishers a set amount per book and set the price - we might sell some ebooks as loss leaders, but publishers won't have to bear the costs of that.

Apple's deal: you'll get a set percentage of what we sell a book for. Isn't it terrible that Amazon will be selling your books so cheaply? Oh, by the way, we reserve the right to charge what we want.

Seriously? People fell for that? Here's a clue: if Amazon are selling ebooks for $9.99 at a loss, and Apple can sell ebooks for a profit for $9.99, Apple are not going to be selling ebooks for $14.99.

Or, if you want another clue, ask the record companies if they like the iTunes deal.

The race for book publishers to take the novel, one of the cheapest entertainment products out there and the hardest to pirate, and to make them cheaper *and* easy to pirate is farcical. That they are willing to also hand over all their auditing powers to the people selling their product turns that into tragedy.

Please, please could all publishers and agents just take a reality check. Think of the ebook as a new format. Call it the padback. Imagine it as a physical book, don't get dazzled by the technology or think Apple or Amazon are doing you a favor or widening your reader base. They're selling books, your books, and they'll make money by paying publishers as little as they can.

This is so fascinating. Thank you for keeping us up to date as things are swiftly changing! :)

Lots of interesting and important information about contracts! I try to mash it all into my head, but it's not quite sticking. I hope that I will find an agent that is as knowledgable about all this as you are. I got a rejection from Nelson the other week, or I would say I hoped to get you as an agent. :)

At least one day, I might be able to look at a contract and think "there was something smart said about ebooks and royalties and such in a blog I read, I should ask about that".

Like all other commentators, I want to thank you for taking the time to spread the word! So - thanks!

@anonymous first poster guy: Thanks for that article! I hadn't seen that one. And please note my complete lack of surprise. Jobs didn't strong-arm the music business into the future by playing to the RIAA's tune. If anyone expected him to be any less savvy on the ebook issue, I have a bridge I'd like to sell them.

I think Macmillan had the reality check you suggested and tried to back Amazon into a corner on the ebook prices so they could have bargaining power with Jobs when this issue came to a head. But by then, the battle was already over. Apple will dominate the market, set the price range to what Amazon has set as 'expected' (i.e. 9.99 - 12.99), and the publishers will just have to live with it. This, unfortunately, means the authors end up living with it, too.

If I were an author or an agent, I'd be pissed that the publishing houses declined to control this situation. By allowing Amazon to set consumer expectations of ebook prices so low, they did themselves a grave disservice. I can only think it stemmed from a relatively low original demand and no one in the publishing industry having the foresight to realize that this medium would be picked up by Apple and made into an integral part of one of their flagship devices - the tablet that's been rumored to be in development for at least the last 3 years.

This is what happens when you run along behind technology, hoping it won't catch you up. Someone else sets the industry standard for you and you're stuck with it. It ain't pretty.

Yes.

This is usually the kind of stuff that makes my eyes glaze over and sends me packing off to the hills to write poetry about unicorns and rainbows...
But you break it down nicely (thanks for using the number 10). And thanks for keeping everyone abreast. Very cool and helpful.

Thank you for keeping us in the loop on this.

'This is what happens when you run along behind technology, hoping it won't catch you up.'

Yes. Publishers want to expand their reader base, and some dopey authors have fallen for the 'give it away for free, more people will buy the expensive one' line.

More people may read the book. But if the author and his publisher don't get any money, his *second* book ain't going to get written.

"Eridani said...
"By allowing Amazon to set consumer expectations of ebook prices so low, they did themselves a grave disservice."


Personally it is not Amazon setting the consumer expectations low. It's consumers itself. More people will buy an ebook at $9, as compared to say $16 or $25. Even more will buy when it is less than $9. Of course, it all changes when the ebook is the only format, then if there is enough need, people will buy it at any price.

My point is, I as an inspiring writer, feel $9 is too high for *fiction* when I can get the paperback cheaper. And I've been looking around writing forums and mailing lists and quite a few others share the same opinion.

Jodi

Re: your status: Ha! That's a relief to read, actually. I was a little worried that my query had gotten swallowed by cyberspace or something. But I've ignored my fair share of work to watch figure skating, so I salute you, madam.

Thank you for these posts by the way, seriously. I was totally ignorant of all these little contractual things, and now I have a better idea of what I'm (hopefully) getting into.

Knowledge regarding complex issues such as this (at least I think they're complex!) is yet another reason why agents are a necessity for an author.

Also, I'm right there with you on the Olympics thing. I rarely watch television, but it's been on every night for the last week -- and the figure skating isn't even over yet. :)

There are so many changes in the publishing industry right now- I'm glad you're doing these posts to keep us writers in the loop.

On an unrelated note, I just started Hester by Paula Reed. I'll admit that The Scarlet Letter wasn't my favorite read in high school (maybe I should pick it up again), but I'm loving Reed's book! I hope it's as good as Hotel on the Corner of Bitter and Sweet!

Man, this makes me cringe! Thanks for putting this out there and letting the world know your grief. As a writer, it really feels good to learn all this stuff up front--before you even have an agent--so you know what kind of world you're walking into.

Thanks!

It has been my experience that royalty statement have been complicated almost as a standard in the business. So are contracts. It would be wonderful if both were simplified and made more accessible to authors and agents.

Holy Crow.
First off, good tunes as nearly always.
Secondly, this is fascinating info. The only problem with more transparency is that the companies will just have to be even sneakier!

Yes.

I think with transparency becoming more popular in big business, my health insurance company included, wouldn't this be important for publishers? Or do they not see the need since the author/agent is still dependent on them for distribution of books?

Jimmy Ng

If it's too hard for the publishing house to stuff your manuscript into a SASE and drop it in their outgoing mail basket, do you really think they're going to go through all the trouble of putting accounting info on line?

Yes, it would be beneficial to writers and agents, but when have publishers ever considered the needs of writers over their own needs?