Check Google Books for Your Out of Print Titles

As you probably remember, Google settled the lawsuit brought by the Authors Guild and some publishers over Google Books, which displays up to 20% of the contents of out of print books online. Now you can sign up. Some notes:

• To be eligible, your work must be in their system.


• A full book gets you $60 plus the majority of revenue from ads placed around the display of the book.


• An "insert" gets paid only part of a fee. The definition of an insert is "any text and other material, such as forewords, essays, poems, quotations, letters, song lyrics, children’s Book illustrations, sheet music, charts, and graphs, if independently protected by U.S. copyright, contained in a Book, a government work or a public domain book published on or before January 5, 2009 and, if U.S. works, registered (alone or as part of another work) with the U.S. Copyright Office. Inserts do not include pictorial content (except for children’s Book illustrations), or any public domain or government works."


• If you want, you can also opt out of the settlement or file an objection or indicate that you plan to be at the fairness hearing, but you'd have to do it by May 5, 2009.


• Claims have to be filed by January 5, 2010.

Time to go check for your name and what might be up on the system. I just found out that the ASJA Guide to Freelance Writing, for which I suuppled the business planning chapter when I was still a member of the organization, is on there, so I'll be filing my claim, after thoroughly reviewing the settlement itself.

But if you do plan to get your little chunk of change, check the dates - if interested parties can file objections by May 5, there is the possibility that the settlement could be challenged. In any case, clearly no one is going to see any money until some time next year at the soonest.

Some Additional Views on the Kindle

The Kindle gets press because Amazon is such a big name that has shown it's not afraid to bully publishers and authors. In fact, if the product really takes off, publishers are going to have an enormous problem; so far as I know, you can only get compatible content through Amazon. I think it's clear that the company wants to become the Apple of downloadable music: Make the device that people want and become the only significant source for satisfying your content cravings.

There has been some additional press on the Kindle since the Book Expo America (BEA) in LA a week or so ago. Paul Krugman in the NYT thinks that a predominantly digital e-book model will drive book prices down to nothing, where they become something you give away to promote other activities, like bands making money on touring, licensing, and merchandise. Danny Hatch's Business Common Sense blog had an entry about the Kindle and Jeff Bezos's pitch for it at BEA. Apparently Amazon claims that the Kindle actually increases print sales:

According to his research, for every e-book bought, Kindle readers buy printed books as well. Kindle increases purchases (e-books plus printed books) by a factor of 2.6.

Who knows what would actually happen? What I do know is that people tend to use forms of communication that work best for particular reasons. Sending e-mails can be fine, but don't replace all uses of the phone. Instead, you could argue that people used to use the phone for virtually everything because it was less of a time sink, but that it wasn't really practical for everything, like having a record of an exchange. Many types of reading you do in a book don't work well on a screen - at least in my experience, and I've been reading heavily from screens for about the last 25 years, literally.

There are some other potential impacts on the book business that the Bezos presentation suggest:

• Amazon wants every book in print available as a Kindle title, which they admit is a big copyright issue. As Hatch notes, is it worth making a Kindle version of a niche title that sells little? That's a tricky question: some, like Chris Anderson and his idea of the long tail, might suggest that digital was the only way to go in such cases. Maybe that type of title is only available electronically, or for POD. That would suggest to me that POD vendors would have to find ways to directly print from popular e-book formats so there isn't double production work.


• Bezos touted how titles never go out of print, leveraging that long tail idea of bringing in money with no investment in inventory or story. POD could offer the same, but in either case you must ask how your book contract reads, and when a title goes out of print and rights revert to you. You're going to want a minimum - maybe 500 or 1000 copies a year - on the number selling via e-book and POD combined. Anything under that triggers the out-of-print reversion clause. But if you don't get such minimums in a contract, you will be stuck for the 35 years it takes, at least in the US, for you to be able to legally recall all rights.


• The Kindle only shows four shades of gray for now, so books depending on illustrations and colorful displays might only work in print. If you don't like the e-book route, that is something to consider in your conception of the book.


• There is built-in audio, so it could become an audio book player as well. (And why not music?) Authors might want to revisit the licensing out of audio book rights, as they might become more important.

One more point that should be read in its entirety:

A member of the audience asked Bezos if Kindle would change what authors and publishers do? “Wait and see,” was the reply. For example, Kindle could revive the old Charles Dickens model of publishing serials—or partsworks—that come out in sequence. Also, unlike printed books, if statistics change, the new material can be inserted, so that the Kindle book is always current.

And it's back to Krugman's point that things could change for authors. No more second editions, for example, which would mean an end to significant continuing revenue for some authors. As for the Dickens idea, where would the parts come out in sequence? That worked for him because he could publish the books in parts in newspapers and then reissue them as full editions. But with newspapers dwindling and magazines feeling the crunch, what would the outlets be? And how about the other major part of Dickens's income - lectures and readings? Are you ready for lessons on how to effectively read on stage and therapy to deal with issues of stage fright?

Some overtly happier thoughts: when people download books, they probably cannot return them, as with buying software or music. Also, publishers no longer have the "returns" issue that makes them and their authors crazy. Can you imagine a royalty statement with no need for reserves against returns?

It could be a different world, indeed.

Story of a Blockbuster

The Wall Street Journal had a story last Friday (which may or may not be available depending on when you look at this and if you have a WSJ.com account) about how Viking used a series of calculated moves to turn "Eat, Pray, Love" into a best seller when it finally came out as a paperback from Penguin, another imprint owned, as is Viking, by Pearson.

If you can get a hold of a copy of the article, it's worth reading to get a sense of how publishers are trying to change their marketing, and how they approach the business. Note this bit:

The vast majority of books face a tough reality. New releases that fail to take off in the first couple of weeks -- when publishers often pay to place copies on stores' front tables -- are relegated to the back shelves.

That sentence alone is worth a wow. Up until now, I thought the usual practice had become a month on the shelves and three months of publicity and marketing. Apparently I've been over-generous. The only way this changes is if the publisher thinks the book has break-out potential.

That means a number of things. One is that platform, which has become a heavy stone crushing the chests of many authors, is becoming every more weighty. And the early reception to the book is critical. "Eat, Pray, Love" got an excerpt in O and a cover article in the NYT Book Review. Here's another reality check:

Each month Penguin publishes 15 to 20 fancy "trade" paperbacks -- high-quality editions that are larger in format and easier to read than their cheaper, mass-market cousins. But it only really lends its weight to one or two.

This is like literary Calvinism, only with clear proof of predestination rather than theological speculation. Penguin, in this case, invested in freestanding store displays and ads, and the marketing person in charge asked everyone in sales and marketing to read the book, so they could effectively convey enthusiasm. And now for the "beautiful author" part, as I mentioned in my writing and literature blog:

Selling Ms. Gilbert, the author, was just as crucial. Unlike many writers who don't like touring and are uncomfortable in front of crowds, Ms. Gilbert has a sunny, upbeat personality that plays well on television and in personal appearances. Notes Ms. Court: "When the writer of a book is attractive, generous, and funny, booksellers end up rooting for her."

Then it was touring, getting book club traction, and so on. Here's another tidbit that tells you how sales work these days in moving from hardback to paperback:

"One of the mantras of publishing economics of the 1970s and early 1980s was that mass-market paperbacks could achieve 10 times the sales of a hardcover," says Stuart Applebaum, a spokesman for Bertlesmann AG's Random House Inc. Then retailers started discounting hardcover titles, and the smaller, cheaper paperbacks lost ground.
Laurence Kirshbaum, a book agent who heads up LJK Literary Management in New York, estimates that the current ratio between hardcover and paperback sales is one to one -- mostly because so many hardcover books are so steeply discounted. "These days the bulk of the people who are interested in a book buy it in hardcover; that's what makes titles such as 'Eat, Pray, Love' so exceptional," says Mr. Kirshbaum. "They are throwbacks to the days when paperbacks sold huge multiples of the hardcover."

In case this isn't sinking in, most book authors don't have a snowball's chance in hell of mass market success. That means you have to find a different business model, and fast - one that doesn't rely on big publishers and traditional marketing, and one that doesn't leave you trying to eke out a living from a relatively tiny royalty.

Using Audiobook Podcasts to Promote a Book

If you haven't seen it yet, here's a link to a new York Times story about how authors are starting to use quicky audio versions of their books to help sell them. Some companies are recording audio versions of books that might never make it into print. I think this is notable because it shows another aspect of how publsihers are losing the advantages that economic scale once gave and how authors might consider becoming publishers in their own rights and more successfully funding their own businesses.