Erik Sherman's WriterBiz
A spot about the business of writing as seen by a freelance writer. That includes marketing, sales, contracts, copyright, planning, research - in short, the business end of writing.
About Me
- Name: Erik Sherman
- Location: Massachusetts, United States
I'm an independent writer and photographer who covers business, food, technology, books, media, general features, and pretty much anything appealing that results in a signed check. My work has appeared in such places as the New York Times Magazine, Newsweek, Newsweek Japan, Fortune, Inc, Fortune Small Business, the Financial Times, Advertising Age, Saveur, US News & World Report, and Continental
Thursday, August 7, 2008
Tuesday, July 29, 2008
A Good Observer Blog on the Wages of Procrastination
Labels: authors, publsihers
Monday, July 28, 2008
Random House Pushes Out of Print Definition
Society of Authors deputy general secretary Kate Pool said her major concern with RHG's new boilerplate was an out-of-print clause allowing rights reversion only if the publisher cannot supply a physical or electronic copy of a book within a month, or if there have been no royalty earnings for a year. The author body plans to raise the issue with RHG.As the information was from an article in the Bookseller, it referred to English authors. However, that doesn't mean that Random House isn't doing the same in the US. The publisher is apparently also pushing for more aggressive "high discount" provisions. Although there aren't enough details to tell, my guess is that the company is trying to set high discount provisions, which are a trigger for significantly lower royalties to authors, at levels that would be far more easily hit.
Pool said: "Random House could long since have given up actively publishing your book, it could have sold one copy a year for the past three years, and take three weeks to produce a print-on-demand copy, but you can't terminate the contract. We can see e-books are another way of reaching readers, and that print on demand for old titles has advantages, but this is a way that publishers can sit on rights for years on end."
I'm not a member of the Authors' Guild (though I keep meaning to join) - anyone hear anything similar from AG about Random House in the US?
Labels: authors, books, publishers
Friday, July 18, 2008
Authors Guild Warns About Simon & Schuster E-Book Letter
1. Discuss the amendment with your agent or attorney, if you have one.Furthermore, the Authors Guild thinks that 15 percent of retail price will be "the low-water mark for e-book royalties." The reason is that the publishers virtually no costs in warehousing, printing, shipping, or handling. My guess is that e-books probably strip a good $2 to $3 from the actual cost of a given title. (And if any publishers read this and disagree with my estimation, I'd be glad to hear the arguments on how it should change and why.)
2. Depending on your existing contract with Simon & Schuster, the amendment may grant the publisher rights that you've otherwise retained.
3. Be aware that the amendment may affect your ability to obtain a reversion of rights.
However, I think we all have to keep aware of the broader economic issues that are happening. Yes, costs for publishers drop, but if Amazon has its way, so will the money that the publishers get in the first place. And by no means am I suggesting that S&S has got the best interests of the authors in mind. If they are trying to set the amount at 15 percent, I suspect they are trying to offer something that sounds generous compared to print royalties, but that leaves more money in their pocket. If you figure a $20 cost for a trade paperback and 50 percent discount, that means the publisher is saving maybe $2 on income of $10, which is an additional 20 percent in available profit. Instead of 15 percent, an author might reasonably get 20 or 25 percent of the sale price.
But read about the prices Amazon is charging for big titles. It's very little compared to print prices - even though Amazon itself is also saving lots in the new format - and the company is taking aggressive portions of the money that comes in. That's why they're pushing on the Kindle so hard. Should other e-book readers come out and become popular as well, there might be multiple formats and outlets, meaning far less ability to twist arms. If the publishers are forced into taking $5 to $7 for a title, there's a whole lot less money now available for all of us.
Labels: authors, books, e-books, publishers, royalties
Monday, July 7, 2008
Writers' Rooms
Thursday, May 15, 2008
Monday, February 18, 2008
More on Movies, Net Profits, and Authors
- Olivia Goldsmith, author of The First Wives Club, was paid $250,000 for the movie rights, although worldwide gross for the film was reputedly $181.4 millon.
- Winston Groom was promised $350,000 and 3% of the net profit for the movie rights to Forrest Gump. He got ... $350,000.
- Alice Walker, who was supposed to get 3% of the gross for the movie version of The Color Purple, eventually got something, but only "a fraction" of what she thought she was owed.
- Art Buchwald sued Paramount Pictures for what he said was theft of the concept from his treatment for the idea of Coming to America. He won in court, after being told by the studio that although the movie grossed $350 million, there wasn't any money to pay net profits. Must have been a catered lunch or two that put them in the hole that completely.
Ernest Hemingway once noted that authors should drive up to the California border and throw their books over a fence while studio officials throw bags of money back over the fence. That, he said, should be the end of the transaction.
Monday, September 17, 2007
Story of a Blockbuster
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.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.
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."
Labels: audio books, authors, best seller, publishers, royalties
Thursday, September 6, 2007
Emerging Term on Agent Contracts
But now there seems to be the possibility of a secondary bite. A writer had asked if I would review an agency contract. One of the interesting terms was in the commission section. If the book didn't sell for more than an $X advance, then the commission automatically jumped from from 15 to 20 percent.
There are a number of problems, here. One is that the agent is supposed to get the best deal possible. This clause can actually give the agent a disincentive to get the best deal possible when things are borderline. Let's pretend that the point at which the commission changes is $10,000 and a publisher has offered $9,000. The agent has done work with the publisher before and knows that it might be possible to get the advance up to $11,000 with an accommodation elsewhere in the contract. But work out the numbers: 15 percent of $11,000 is $1,650, and 20 percent of $9,000 is $1,800. It pays the agent better to take the deal that is poorer for the writer. Of course, the author wouldn't know that $11,000 would have been a possibility. The net amounts to the author are even worse: $7,650, versus $9,350.
Then there are other considerations. If the book does really well, the agent is now getting 20 percent of all additional money, and not seeing a drop in commission for what the writer and publisher have actually pulled off. Such deals become even more problematic when you're looking at the series books, where the advances really do hover in this range - and it's in this range that I've seen the demand for a commission escalation. I'm sure some agents would say that they can't make a living doing 15 percent deals at such money levels. I'd counter that the authors don't have the luxury to move to more profitable projects once they've locked into the one, while the agent can go sell other properties.
If you get a contract from an agent and see this sort of provision, I'd strongly advise against signing the paper, and even reconsider whether you want to do business with an agent who isn't willing to take his or her share of the selling risk.
Labels: agents, authors, books, commissions, contracts
Monday, June 11, 2007
The Fallible Book Excerpt
Because the excerpt is just one weapon in the publicity arsenal, publishers are hard-put to assess its role in the campaign. Still, they can point to recent successes like "It Ain’t All About the Cookin’" by the restaurateur and Food Network host Paula Deen, which was serialized in Ladies’ Home Journal and hit the New York Times best-seller list immediately after publication.Publishers in the past were motivated to place excerpts because the money for them could hit $100,000 - and that's the equivalent of a lot of copies at one shot without the actual cost of producing them. Yes, writers get a big chunk - sometimes 90% of such serial sales - but that's still a lot of cash for a single book. When the magazine paid big money, they wanted big and juicy parts, sometimes even taking a bit here, some there, and putting them all together, even if they've given away important parts of the book.
On the other hand, Time magazine’s excerpt of "I Am a Soldier, Too: The Jessica Lynch Story," by Rick Bragg, put a dent in book sales, according to Mr. Bogaards of Knopf. "The excerpt gave away too much — I think people felt they’d had their fill," he said. "We sold 175,000 in hardcover but had expected to do twice that."
Now the fees are less and the benefit less obvious. As the publisher of Hyperion was quoted, "For $1,500, why risk exposure of all the juicy bits if it’s going to hurt sales?" That's pretty short money, which means someone will have to explain why this is all a good idea and just how many copies moved as a result. For authors the point is clear: You have to take significant interest in the marketing of your book, because there are so many ways it can go wrong. So much habit, so little desire to do something new, which only shakes up the status quo and leaves everyone at the publisher feeling less comfortable. Oh, and then the entire marketing department is so overwhelmed with work and titles and lack of resources that all they can do is plod along like automatons. If you're not keeping watch, there's little chance that anyone else will.
Labels: authors, books, marketing, publicity, publishers, sales


