Friday, May 25, 2012

Two Surveys

Posted by Victoria Strauss for Writer Beware

Two fascinating surveys appeared this week. They look at opposite ends of the writing business, but dovetail in interesting ways. (This is going to be a long post, so please bear with me.)

The Writers' Workshop Survey of Professional Authors

In March, the Writers' Workshop, a UK-based writers' consultancy, launched a survey of traditionally published authors. The aim: to discover how authors feel about their publishers in a time of rapid change, where "it has become possible – arguably for the first time in history – for authors to detach themselves from publishers."

The survey results were posted this week, and they make for interesting reading. Authors are generally happy with a number of aspects of the traditional publishing process--notably, the editing they receive.
Around 75% of authors rated their editorial input as having been good or (more commonly) excellent. Just 14% disagreed...

Similarly – and again contrary to many stories about declining standards – authors rate their publishers extremely highly on copy-editing, proof-reading, page design and so forth. More than 80% of authors regarded their publishers as being good-to-excellent in these areas...

On the matters of cover design and jacket copy, authors remained broadly positive. About three-fifths of authors were highly satisfied with the way these things turned out. The remainder were, on the whole, ‘somewhat’ satisfied.
Marketing, however, was a different story. A majority of authors felt they weren't adequately consulted on their publishers' marketing plans, that their skills and strengths weren't adequately utilized, and that they had little input or control (ah yes--I know the feeling). About half the respondents felt that communication by the publisher was poor, and nearly half said that their publishers never sought feedback from them.

And while there is much grumbling in the writing community about the lack of publisher loyalty, with publishers no longer willing to stick with writers over several books while they build an audience, authors are just as fickle. 40% of survey respondents said they'd move to another house if given the chance. 22% weren't sure.

Harry Bingham, who wrote the survey summary, concludes:
One, authors actually love publishing. It’s clear from much of the commentary we received that authors know publishers do a hard, essential and wonderful job...But that’s not enough. In truth, it never was, but the world of today is changing fast and authors can glimpse a new mobility just round the corner. As one author commented, it’s ‘Look after your authors, or die.’ Quite so.

Two, these things are simple. Breathtakingly so. I’ve written most of this post while sitting in one of the unrenovated parts of the John Radcliffe Hospital in Oxford. Unlike the gleaming buildings around it, this part had paint peeling from the walls, curtains that looked to be left over from the 1970s, and a toilet with a high and dripping cistern. Yet in the corner of the unit, someone had put a big cardboard box, above which there was taped a sign: ‘PATIENT FEEDBACK AND SUGGESTIONS PLEASE!’

Publishers have better paintwork, cleaner curtains and only ever the most delightful of toilets. But no box. And it’s the box which matters.
I do have a few caveats. First, the survey sample was small--just 321 respondents (the survey summary notes that "[a]bout two-thirds of respondents were either with a ‘Big 6’ publisher or a major independent," which raises the additional question of what kinds of publishers the remaining third were talking about).

Second, there are different kinds of marketing--for instance, the stuff a publisher does long before publication (catalogs, ARCs, trade shows, advertising, etc.) and what it does post-publication. Authors naturally tend to focus on the second kind of marketing, and to gloss over the first, which is equally, if not more, important. It would have been useful if the survey had made that distinction.

Third (and of course there's no way to test this), I can't help wondering whether, if this survey had been done ten, or twenty, or even thirty years ago, the results would have been much different. Authors can be unreliable narrators, and marketing is an area where hope and expectation often clash unpleasantly with reality--something that I think has always been so. On the other hand, as Bingham points out, we are living in an age where it's not only possible, but viable, for authors to kick their publishers to the curb...so his final point remains compelling. Publishers need a box.

But before you do decide to take a pass on traditional publishing and join the ranks of self-publishers, you might want to take a look at survey number two.

The Taleist Self-Publishing Survey

In February, Taleist launched a self-publishing survey, with the aim of discovering, among other things:
- What the top earning self-publishers have in common
- What marketing seems to be working
- How much the average self-publisher is earning in royalties
- What types of outside assistance really make a difference
The results are in, and their title says a lot: Not a Gold Rush.

To get the full survey, you have to go to Amazon (here's a breakdown of the various chapters) but here are some interesting tidbits (for more detailed analyses, see these posts from Catherine Ryan Howard and Joel Friedlander):

- 10% of self-publishing authors earn 75% of royalties--a statistic that's eerily similar to the income breakout in traditional publishing. (Only about 60% of the more than 1,000 respondents were willing to answer questions about their earnings.)

- Half the authors earned less than $500 in 2011.

- A quarter of books probably won't make back the authors' production expenses.

- Earnings were sharply defined by genre. Romance writers earned 170% more than others, with literary fiction authors earning the least.

- Authors who sought outside help (editing, copy editing, proofreading, cover design) earned more than those who didn't.

- The 29% of respondents who went from a traditional publisher to self-publishing earned twice as much on their own as they did from their publishers.

- The most financially successful  self-publishers write more than their peers, and spend less time marketing. In fact, those self-publishers who marketed the most earned the least.

Fascinating information, all in all. For me, one of the things that's most unexpected is the way that many of the results parallel the realities of traditional publishing. A tiny percent of authors earning the bulk of the income; most authors unable to make a living wage; the importance of editing and design; the market dominance of romance--all these things suggest (perhaps) that there are universal truths of authorship that transcend context.

Again, though, there are some caveats. The survey sample was sizeable--but how self-selecting might it have been? For instance, the majority of respondents were US-based (72%). Taleist acknowledges this:
For a start, no one knows what the total population of self-publishers look like so we can’t know for sure how closely our sample of 1,007 respondents represents that community. It seems likely that with a sample this size we will have good representation but do the experiences of our respondents match yours? Where are the differences? What do you agree with? What did you disagree with? What else would you like to know?
Also, as Nate Hoffelder of The Digital Reader points out, the survey needs to be considered in context: "The thing is, no matter how little those authors made while self-publishing their ebooks, on average they are almost certainly better off than if they did not have the option of self-publishing." Survey results support this: only 5% of respondents said that they considered themselves unsuccessful, regardless of how much they earned--reminding us that "success" is about much more than money.

Caveats aside, we now have a lot more information about self-publishers and self-publishing than was available before. As survey authors Dave Comford and Steven Lewis say (quoted in The Guardian),
The majority of the information out there is about the outliers, whose success is inspiring, but as we can now confirm bears scant resemblance to the experience of most authors.
It's a valuable counter to the hype that surrounds self-publishing, and hopefully gives authors who are considering this alternative more tools with which to realistically evaluate their goals.

Thursday, May 24, 2012

Another Honor for Writer Beware

Posted by Victoria Strauss for Writer Beware


Once again, the Writer Beware blog has been chosen as one of Writer's Digest's 101 Best Websites for Writers (the list appears in the June 2012 issue of the magazine, and can be downloaded here if you're willing to subscribe to the WD newsletter).

Writer's Digest compiles this list annually from nominations submitted by the public. This year, more than 4,000 nominations were received, a record number.

Congratulations to our sponsors Science Fiction Writers of America and Mystery Writers of America, which also made the list, and to all the wonderful websites, resources, and organizations included in this highly useful resource.

Just to note: Writer Beware will not be participating in Writer's Digest's Affiliate Program, which pays a 12% referral bonus on sales from the WD online store, and is offered to everyone who's included on the 101 Best Websites list. To avoid conflicts of interest, Writer Beware doesn't host advertising, participate in referral programs, or accept donations.

Friday, May 18, 2012

Victoria Strauss Wins for Writer Beware in First Annual Independent Book Blogger Award

Posted by Victoria Strauss for Writer Beware

I'm thrilled and honored to announce that Goodreads and the Association of American Publishers have chosen me as the winner of the Publishing News category of the first annual Independent Book Blogger Awards. I'll be attending the awards ceremony at BookExpo America on June 4th.

The official press release is below.

-------------------------------------

Amherst Resident and Author of Eight Novels Chosen as
One of Four National Winners of Publishing Industry’s Independent Book Blogger Awards

Washington, DC, May 16, 2012 – After hundreds of submissions…nearly 10,000 voters… and 60 finalists…the four winners of the first Independent Book Blogger Awards are being announced today by Goodreads and the Association of American Publishers. All winners were previously contacted and confirmed.

Victoria Strauss, author of eight novels who lives in Amherst, won in the “Publishing Industry News” category for Writer Beware Blogs! Other blog winners were The Nerdy Book Club in the “Children’s/Young Adult” category; Sophisticated Dorkiness in the “Adult Non-Fiction” category; and Insatiable Booksluts in the “Adult Fiction” category.

Each winner receives free airfare, hotel accommodations and full admission to next month’s BookExpo America in New York City, the US publishing industry’s most important annual gathering, as well as entry to the annual BEA Bloggers Conference to be held the previous day. Winners will also be acknowledged on Monday, June 4, 10AM prior to the Bloggers Conference keynote featuring author Jennifer Weiner.

“On behalf of the AAP Trade Division member publishers, who conceived and supported this competition, we were simply delighted with the outpouring of interest for this debut effort and the originality and diversity of the submissions,” said Tina Jordan, Vice President, AAP. “We are so appreciative of everyone who entered and hope that the voters take time to sample some of the great voices they can discover as listed on our blogroll.”

“The interest and voting show you just how influential book bloggers are in the world of books,” said Patrick Brown, Community Manager, Goodreads and one of the judges. “The attention and accolades are richly deserved and I congratulate all the nominees for the great work they are doing. You made the job of judging that much harder but it’s to every reader’s benefit to have such a wealth of amazing book blogs from which to choose.”

Entries were judged on writing, analysis, design and presentation and reader impact. The viewpoints expressed in blogs are those of the independent authors and do not represent AAP or Goodreads.

Insatiable Booksluts consists of book reviews, advice to authors, industry news and humorous tales of reading woes (and lots of swearing). With the tagline, “Voracious readers tell you if that book is going to suck,” the blog gives an honest opinion about books and reading. The blogger behind Insatiable Booksluts is Susan Rodarme, a writer who lives in Columbus, Ohio.

At Sophisticated Dorkiness, Kim Ukura is a bookworm journalist who writes primarily about non-fiction and literary fiction but also loves to read memoirs, comics and young adult fiction. The blog features reviews, opinions and musings about reading and writing. Ukura is the editor of a community newspaper, the Morris Sun Tribune, and lives in Morris, Minnesota.

The Nerdy Book Club is a community of readers from all over the world who particularly enjoy books for children and young adults; it’s organized and run by Colby Sharp, Donalyn Miller and Cindy Minnich. In 2011, they held the first annual “Nerdies Book Awards” for Picture Books, Graphic Novels, Poetry, Nonfiction, Young Adult Fiction and Middle Grade Fiction. The IBBA winner on behalf of The Nerdy Book Club is Minnich of Millersburg, Pennsylvania, who is a high school English teacher and National Writing Project fellow.

Writer Beware Blogs! shines a bright light into the dark corners of the shadow-world of literary scams, schemes and pitfalls along with industry news and writing advice. The blog is sponsored by the Science Fiction and Fantasy Writers of America with additional support from the Mystery Writers of America. Winner of the IBBA competition is Victoria Strauss, the author of eight novels for adults and young adults who lives in Amherst, Massachusetts.

Finalists in the Independent Book Blogger Awards are:

Adult Fiction: TNBBC's The Next Best Book Blog; Parajunkee's View; Vampire Book Club; LITERAL ADDICTION; Paranormal Reads; Fantasy-Faction; trevorkidd.com; AuthorJess; Words With Writers; How Novelistic; Not Another Romance Blog; Books . . . Looks and Takes by Eleanor Anders; The True Book Addict; Jen's Book Thoughts

Adult Non-Fiction:  The Girl from the Ghetto; Jeannie Walker - Award Winning True Crime Author; The Parchment Girl; Reading, Writing, Working, Playing; Misfit Salon; At Home With Books; A Novel Affair; Scandalous Women; The Feminist Texican [Reads]; The Dunce Academy; World War ll London Blitz Diaries 1939-1945; The Well-read Naturalist; Janet Boyer Reviews; Notes From The Parsonage

Children’s/Young Adult: : I Am A Reader, Not A Writer; Once Upon a Twilight; Bookies; Children's Book-A-Day Almanac; The Midnight Garden; KindleObsessed; books4yourkids.com; Tumbling Books; Me, My Shelf and I; Paranormal Book Club; YA  Bibliophile; Murphy's Library; Aileen's Thoughts; The Librarian Who Doesn't Say Shhh!

Publishing Industry News: Author Michael J. Sullivan; Kris Wampler's Blog: A resource for indie writers; Writer. Publicist. Superhero.; EvilReads; Ink Drop Interviews Presents...; Indies Unlimited; The Great Gray BridgeVouched Books; Yours in Books; Life as a Publisher; Market My Words; Bookworm; Anne R. Allen's Blog; Leslie Lee Sanders

According to AAP and Goodreads, all submissions are worth reading. These can be found at http://www.goodreads.com/book_blogger_award/

About Goodreads:


Goodreads is the world’s largest site for readers and book recommendations. Founded in 2007, Goodreads is where readers discover and share books they love. The site has eight million members who have added more than 300 million books to their shelves and written more than 14 million reviews. Loved by avid and casual readers alike, Goodreads members can discover new books by seeing what their friends are reading or by using the Goodreads Book Recommendation Engine; share ratings and recommendations; track what they have read and list what they want to read. Goodreads is also a place where more than 35,000 authors and their publishers connect with readers. It is a privately owned company.

About AAP:

The Association of American Publishers is the national trade association representing the country’s premier book publishers. Its 300 members develop and publish the highest-quality entertainment, education, scientific and professional content in all print and digital formats. The AAP Trade Division member organizations are active in promoting the joy of reading, literacy, the value of publishers in an information society and First Amendment rights. They are committed to raising awareness through a variety of initiatives produced independently and in collaboration with libraries and other groups.

Contacts:

For AAP: Amanda Straub, Manager, Communications, AAP – astraub@publishers.org
For Goodreads: Suzanne Skyvara, suzanne@skyvaracommunications.com

Wednesday, May 16, 2012

Editing Clauses in Publishing Contracts: How to Protect Yourself

Posted by Victoria Strauss for Writer Beware

Over the past couple of days I've gotten several emails and Facebook posts alerting me to a blog post by writer Mandy DeGeit about her bad experience with a small publisher called Undead Press. When she received her author's copy of the anthology in which her story was published, she discovered, to her dismay, that not only was there a mistake in her title (an inappropriate apostrophe), but...
They changed my story without telling me.

Let’s see: They turned a non-gendered character into a boy, they named the best friend, they created a memory for the main character about animal abuse. They added a suggestion of rape at the end…
When she complained about, among other things, the gratuitous addition of sexual content, she received this delightfully professional response from the publisher, Anthony Giangregorio:
on the contract, it clearly says publisher has the right to EDIT work. you signed it. are you saying you are a dishonest and immoral person and will now try to deny you signed the contract? well i have a copy right here
and as for the story. the editor had a hard time with it, it was very rough and he did alot to make it readable. despite what you think, your writing has a long way to go before its worthy of being printed professionally.
we did what we had to do to make the story printable. you should be thankful, not complaining. ah, the ungrateful writer, gotta love it
Ms. DeGeit's bad experience with Mr. Giangregorio, unfortunately, doesn't seem to be an isolated incident. Similar complaints are appearing in her comments thread, and other writers have reported the same kinds of problems with Undead Press and other publishing ventures run by Giangregorio--who, among other exploits, has apparently published and sold several unauthorized sequels to George Romero's Dawn of the Dead.

As egregiously unprofessional as Giangregorio's behavior is, however, that's not what I want to write about today. Today, I'm looking at editing clauses in publishing contracts, and how they can lead to the kind of situation in which Ms. DeGeit found herself. (I haven't seen an Undead Press contract, by the way, so I can't comment on it specifically.)

Editing clauses are one of those contract areas where there needs to be a balance between the publisher's interests and the writer's. A publisher needs a certain amount of latitude to edit a manuscript to prepare it for publication (assuming it's professional enough to do editing at all--you might be surprised how many small press contracts I see that don't include editing clauses). It also needs to have the right to final approval--it doesn't want to be forced to publish a manuscript that the author can't or won't revise to the publisher's satisfaction.

A writer, on the other hand, needs assurance that they will be a partner in the editing process, and that their work won't be changed in major ways without their permission.

Whether you're publishing an entire book or a story in an anthology, the editing clause of your contract should ensure that content editing (the kind of serious editing that focuses on plot, pace, structure, style, and content) includes your cooperation (ideally, the editor will provide revision suggestions and you will carry them out yourself), and that substantial alterations can't be made without your consent. For copy editing, on the other hand, the publisher usually has discretion--but you should have a chance to see and approve the copy edited manuscript before it goes to press.

Here's an example of an editing clause you don't want to see (this and other clauses quoted below are taken from actual contracts in my possession):
Publisher shall have the right to edit and revise the Work for any and all uses contemplated under this Agreement.
What's missing here? Any obligation on the publisher's part to seek your approval before making the edits and revisions. A clause like this allows the publisher to edit at will without consulting you or asking your permission. If you sign a contract with this kind of  language, you are at the publisher's mercy, and shouldn't be surprised if the publisher takes advantage of it.

The next clause is more elaborate, but has the same effect (this language is fairly common, by the way; I've seen it in a number of contracts):
The Publisher shall be entitled to develop, alter, edit, and proof the content, usage, format, capitalization, punctuation, and spelling of the Work to conform to the Publisher's style, the subject matter, and intended audience previously agreed upon by the parties of this Agreement.
Here's another bad one, which is explicit about the publisher's right to edit at will:
Publisher has the right of final approval of Author’s manuscript. Publisher will assign an editor to work with Author in making revisions. The Author agrees that Publisher can make editorial changes to the manuscript, including, but not limited to spelling, punctuation corrections, and abridgments of text without Author’s consent.
Less obviously a problem is something like this:
Publisher shall have the right to correct errors, and/or edit and revise the Work for any and all uses contemplated under this Agreement (collectively "Editing"), provided that the meaning of the Work is not materially altered.
Again, this is a very common formulation. Many authors skip right over it, because on a surface reading it appears to protect the work from major changes. Not so. "Provided that the meaning of the Work is not materially altered" can cover a huge amount of ground, including stylistic alterations, abridgements, additions, and all sorts of things that might not change your manuscript's meaning but could seriously change its tone and style. Plus, the publisher is not required to consult you or get your permission before making those changes.

This one throws the author a bone, in the form of notification:
Publisher has the right of final approval of Author's manuscript. Publisher will have the right to correct errors and revise the work for all purposes of this Agreement. The Author will be notified prior to any and all substantial changes.
But although this prevents you from being blindsided by enormous changes in your finished book or story (assuming, of course, that the publisher's definition of "substantial" is the same as yours), you have no power to dispute or refuse those changes. You're still at the publisher's mercy.

Are clauses like these an automatic invitation to badness? Not necessarily. It's entirely possible that the publisher will be conscientious and ethical and make you a full partner in the editing process, and everyone will wind up happy. The problem is that you have no contractual assurance of this. The letter of these clauses gives all the power to the publisher--and in publishing, the letter of the contract is the bottom line. If the publisher has a dictatorial attitude, or employs not-very-competent editors, or is just an obnoxious scumbag--none of which, unfortunately, are uncommon in the small press world--you could find yourself with a badly-edited manuscript and no recourse. I have gotten hundreds of complaints over the years from authors who've found themselves in this position because the editing clauses in their contracts gave them no rights and offered them no protection.

So what should you look for? Here are several examples of better editing language, taken from various book contracts I've seen, including my own:
The Publisher shall make no changes in, additions to, or eliminations from the manuscript, except for typographical, spelling, and grammatical errors, without Author's consent. Any other edits will be requested of the author and agreed upon between the author and editor prior to preparation for sale.

Publisher has the right of final approval of Author's manuscript. Publisher may assign an editor to work with Author in making revisions. The Author will be notified prior to any and all substantial changes, which will be made only with the Author's approval and participation...Publisher may make corrections of typographical errors without Author's consent.

If the complete manuscript for the Work delivered by the Author is not acceptable to the Publisher, the Publisher shall give the Author a written request for changes and revisions for such work...After the Work has been accepted by the Publisher, no material changes may be made in such Work without the Author's approval. However, the Publisher may copyedit the Work in accordance with its standards of punctuation, spelling, capitalization and usage. The Publisher shall send the copyedited manuscript to the Author, who shall make any revisions and corrections and return it within two weeks of receipt.

The Publisher shall request that the Author work cooperatively with the Publisher to make the Work satisfactory to the Publisher, in which event Author shall use best efforts to do so...Upon acceptance by the Publisher, no changes shall be made in the Work without the author's approval, except that the Author authorizes the Publisher to make the manuscript of the Work conform to its standard style in punctuation, spelling, capitalization and usage.
And from an anthology contract:
 The Publisher will make no major alterations to the Work's text or title without the Author's written approval. The Publisher reserves the right to make minor copy-editing changes.
What's common in all these clauses: the author's consent is required before serious changes are made.

What to do if the publisher that has just made you an offer has a bad editing clause in its contract? Try to negotiate. Ask that the publisher add a sentence about seeking your approval--a la the four clauses above. Many publishers will be willing to be flexible on this. If they aren't willing, hard as it seems, you might seriously consider moving on.

Obviously, with even the best contract language, things can go wrong. Really devious publishers can always argue semantics to justify their bad behavior--for instance, what's a "major" change? You might think it's hacking 25,000 words out of your novel; the publisher might claim to disagree. (All the more reason to research the publisher before you submit to make sure it's a professional operation.) But if you sign a contract that doesn't protect your rights in the editing process, you are really vulnerable. Just another reason to be smart and careful out there.

Thursday, May 10, 2012

e-Publishing Revo: It's a New Electronic Self-Publishing Service, But There's a Catch

Posted by Victoria Strauss for Writer Beware

Zooming into my inbox last week: a press release for a brand-new ebook self-publishing service called e-Publishing Revo. Per the website:

What makes e-Publishing Revo different from the rest?

1. Permanent 100% royalties. Need we say more?

2. We treat your e-book publishing seriously. Never will we rely on “meat grinding” application software. You will have to upload your manuscripts. But our eBook Associates will carefully format your work. We don’t automate.

3. e-Publishing Revo is hassle-free. Our two-way publishing process is very simple. Just submit your manuscript and we deliver. No need to learn technical manuals.

4. We guarantee tasteful designs. We house globally competent artists, illustrators, and designers. Your e-books will surely standout.
Sound tempting? Not so fast. This new attempt to cash in on the electronic self-publishing gold rush is owned by Bookwhirl.

You may recognize the name of this notorious Internet spammer. If you don't, it's a so-called marketing service that has become infamous for its prolific spam emails and cold-call phone pitches offering writers cheap (for Bookwhirl--for authors, the costs range from around $300 to over $10,000) spam-style PR such as mass email campaigns, press releases, online directory listings, and the like.

Testament to Bookwhirl's relentless spamming and cold-calling can be found across the Internet in the form of complaints, mockery, and angry blog posts. (Many of the commenters note the poor grammar of the company's emails and the heavy accents and broken English of its phone solicitors--which would appear to be no accident, since the company, which claims to be based in Iowa or Wisconsin, is owned by an Asian business called Yen Chen Support.) So widespread did the negative discussion become, in fact, that Bookwhirl felt obliged to disseminate some counter-propaganda, publishing a press release refuting the criticism, a blog doing the same, a "phishing email alert" attributing complaints to a phishing scheme (and suggesting that "victimized" writers contact Bookwhirl), and an "email scam warning" alleging, with no doubt unintentional irony, that it is the victim of negative statements by "a professional scammer."

Still interested in e-Publishing Revo?

If you are, here's the rundown on its services. It offers two packages--e-Pub Revo Lite for $299, or e-Pub Revo Pro for $399 (for the additional $100 you get extra revisions plus some garbage marketing). A possible catch, though: while the description of the packages on the e-Publishing Revo webpage gives the impression that formatting, layout, book cover design, and distribution are included in the price, the order form suggests that they cost extra.

What about those attractive-sounding 100% royalties? This is a meaningless claim, by the way--royalties are by definition the author's share of a book's revenue, so all royalties are 100%. The real question is, what can e-Publishing Revo authors expect to earn? It's a major challenge to find out--the information appears only in e-Publishing Revo's Terms and Policies, which are accessible only on the Signup page--but hey, that's why I'm here, to dig this stuff up for you. What it all boils down to is that authors receive 70% of list for books priced at or between $2.99 and $9.99, and 45% of list for books costing less or more. (Royalties are paid quarterly and only if the amount due is at least $50.)

The Terms and Policies also include this important provision:
Publishers should agree to receive promotions and updates through e-mail, newsletters, and calls from BookWhirl.com.
So if you decide to use e-Publishing Revo, be prepared to be solicited to buy lots of other stuff.

The easy availability of free electronic self-publishing options means that no one has to pay to publish an ebook. Nevertheless, fee-based self-pub services have their place. For people who are time-crunched or non-web-savvy or just uninterested in DIY, they can provide a good solution, as long as they are reasonably priced.

Price isn't the only determinant, however, and cheap isn't always good. Choosing a reputable provider is even more important--even if, sometimes, it charges a bit more. It's vital to carefully research any company you're thinking of using (you can always contact Writer Beware to find out if there have been complaints). It's also a good idea--especially if you're not sure of the company's reputation and expertise--to give new self-pub services a year or so to settle in before jumping on board.

Thursday, May 03, 2012

Vetting an Independent Editor

Posted by Victoria Strauss for Writer Beware

I often receive questions from writers who are looking to hire an independent editor to polish their manuscripts, either for self-publication or for submission to agents and publishers, and want to know whether a particular editor or editing service is reputable. 

I usually tell them three things. First, paid editing can be expensive, so it makes sense to consider alternatives--a friend who’s not afraid to criticize, a local writers’ group or critique circle, an online writers’ group (such as Critters Writers Workshop for SF/fantasy/horror writers), a peer critique community (such as Book Country or Authonomy), or a creative writing course. Any of these may be able to give you the help you need, free of charge or at a fraction of the cost. (You should be seeking such sources of feedback anyway–while self-editing is an essential component of the writer's craft, no writer is capable of being completely objective about his or her work, and outside viewpoints are vital.)

Second, paid editing is not a magic fix. Editing is a subjective process--there’s no set formula for dynamic plots or well-rounded characters or even good prose style (beware of any independent editor who tells you there is). And even the most accomplished editor can’t turn a bad manuscript into a good one, or a mediocre manuscript into a blockbuster. They can only work with what’s already there.

Third, scams aren't all you need to watch out for. Competence--or rather, the lack of it--is an equally hazardous pitfall. The Internet is rife with editors who've set up shop without much--or sometimes anything--in the way of relevant credentials.

These folks are often entirely well-intentioned, sincerely believing that a lifetime of reading, or a teaching career, or some technical writing experience, is enough to qualify them to edit manuscripts. But it's much more likely that they don't possess the specialized skills that are essential for a useful critique or a professional-quality line or content edit. Some provide no more than glorified proofreading or copy editing--things you really should be competent to do yourself, if you're serious about writing. An inexperienced editor may also be unable to judge your manuscript’s strengths and weaknesses for the trade marketplace (very important if you're planning on seeking traditional publication), or have strange ideas about what constitutes good writing. Some amateur editors I've encountered aren't even fully literate.

How to avoid unqualified or dishonest editors, and make sure the editor or editing service you're considering is right for you? Here are some common-sense suggestions.

WHAT TO LOOK FOR

- Be sure the editor (or editors, if it's an editing service) is qualified. You’re looking for professional publishing industry experience--preferably, as an editor for reputable publishers--and/or professional writing credentials (legitimately-published books, articles, etc.). If the editor has a website, a resume or CV should be posted there. An editing service should post staff names and biographies. Be wary if you can't find this information, or if requesting it produces excuses or obfuscation.

Also, for individual editors, membership in the Editorial Freelancers Association (US), the Society of Freelance Editors and Proofreaders (UK), the Institute of Professional Editors (Australia), or the Editors’ Association of Canada are all indications of professionalism. (The websites of these organizations provide a lot of helpful information, including sample agreements and charts of recommended rates).
 
- If you've been referred to the editor or editing service, verify that they're independent. No third party (such as a literary agent or publisher) should benefit. 

- Be sure the editor you're thinking of hiring has experience appropriate to your work. Editing is not a one-size-fits-all proposition. Good editors specialize, both on the basis of experience and taste. Someone whose main work has been with nonfiction may not be the ideal choice to edit your epic fantasy novel.

 - Look for a client list, or a list of published books. Clients' work published by recognizable publishers suggests that the editor has professional expertise and standing. If the editor or editing service specializes in self-published authors, get hold of a couple of the books so you can assess quality.

- Ask for references, and contact them. This is important for obvious reasons.

- Ask to see a sample critique or part of a sample edit. Not all editors may be willing to provide this, but if they do, it'll give you an idea of what you’ll be getting for your money. Some editors or editing services have sample critiques on their websites.

- Make sure the business arrangements are clear--and get it in writing. You should know exactly what you’ll be paying for, including the scope of the work to be done, the charges you’ll incur, the time period involved, and who will be doing the editing (you don't want to pay for a well-known editor only to discover that your manuscript is being handled by an underling). This is important not just for you, but for your editor, who needs to be clear on what you want the edit to accomplish. You should receive a contract or a letter/email of agreement that covers all these areas. Be wary if the editor is unwilling to provide this.

WHEN TO BE CAUTIOUS

- If you receive a referral from a literary agent or publisher. This is not necessarily questionable. Reputable agents or publishers who like a project but don't think it's ready yet may suggest that writers consider hiring independent editors, and may recommend the name or names of qualified editors they’ve previously worked with and trust to do a good job.

But editing scams are out there. Common schemes include a kickback setup for successful referrals, where the scammer pays a percentage or a finder's fee, a la Edit Ink--or the agent or publisher may actually own the editing service under a different name, and send writers there without disclosing the connection. An editing referral should always prompt some extra checking.

- If the publisher or agent recommends his/her own paid editing services. This is a clear conflict of interest. If the agent or publisher can make money from selling you editing or critiques, how can you be sure that the recommendation is in your best interest? Again, your editor or editing service needs to be independent.

- If buying editing is a requirement of representation or submission. Some scam literary agencies require clients to purchase a critique as a condition of representation. Some devious publishers make buying a manuscript assessment part of the submission process. Again, this is a conflict of interest, allowing the agency or publisher to increase its profit margin by charging authors for extra services–which may not be of professional quality.

- If you can't find a resume or CV, or claims of expertise can't be verified. A reputable editor will provide a biography or CV that clearly states his or her experience--either on his or her website or on request. Ditto for the staff of reputable editing services. Be wary if this information is missing, or if it's too vague to verify. Claims like "Joe Editor has published ten novels" or "Jane Editor has worked for two major publishing houses" are meaningless unless they're specific. And if you request specifics and are refused--move on.

- If the editing is anonymous. Some editing services don’t just fail to provide the credentials of the editors who work for them, they won't even provide names. You may learn your editor's name only after he or she is assigned to you--or maybe not at all (I know of one dubious editing service where editors are identified only by number). This makes it impossible for you to verify your editor's credentials, or whether he or she has experience appropriate to your work.

- If the editor edits any and all genres, all comers accepted. Expert editors have areas of specialization that reflect their professional experience and their personal tastes. The skills required to edit or critique a romance novel, for instance, are quite different from those needed for a work of narrative nonfiction. That’s not to say a single editor won’t possess both skill sets–but it’s not very likely that one person will be able to edit any and all subjects and genres with equal effectiveness.

Also, within the basic scope of services, a good editor will tailor the job to the client. Standardized services and a lack of specialization suggest either a dearth of professional experience, or an editor who provides a widget-like service.

- If the editor tells you that agents and publishers prefer manuscripts that have been professionally edited. Dishonest or ignorant editors sometimes prey on the anxieties of writers who are seeking traditional publication by saying that agents and publishers give preference to professionally edited manuscripts. This is false.

For one thing, agents and publishers know the limitations of even the best editing, which can make a manuscript better but won't necessarily make it marketable. For another, they are well aware of the number of less-than-competent editors out there, and know that "professionally edited" may not mean any such thing. Plastering your manuscript with "Professionally Edited" or mentioning it in your cover letter is unlikely to improve your chances--in fact it may harm them, as savvy agents and publishers may assume you've been rooked, or worry that you aren't capable of producing a publishable book on your own. Your manuscript needs to be as perfect as you can make it, but no one will hold it against you if you accomplish that yourself.

- Vagueness about specific services. If an editor or editing service won’t give you a firm price, or doesn’t want to lay out a procedure and/or timeline, or won’t tell you who will be working on your manuscript, move on.

- Refusal of reasonable requests for information. A reputable editor or editing service should have no problem providing a resume, references, and work samples, or answering questions about prices and services. Be wary if you encounter resistance in any of these areas.

Friday, April 27, 2012

The Importance of Reversion Clauses in Book Contracts

Posted by Victoria Strauss for Writer Beware

Most book publishing contracts can be divided into two types: fixed-term, where the grant of rights extends for a defined period of time, such as five years; and life-of-copyright, where the grant of rights extends for the full duration of copyright. (If you're unclear on the difference between rights and copyright, I've explained this in an earlier blog post.)

According to the Berne Convention, the international source for copyright law, the term of copyright is the author's lifetime plus 50 years. Many countries have lengthened that, however, and in the USA, UK, and much of Europe, copyright now extends for the author's lifetime plus 70 years. (For more info, see this handy chart of copyright duration in various countries.)

Life-of-copyright sounds scary, but it doesn't have to be. It's a rare book that's so successful that it remains on the market for more than a few years--and traditionally, authors can reclaim their rights once their publishers have taken their books out of production. This process is called reversion. It's governed in a publishing contract by a reversion or termination clause, which describes when and how the publisher will take the book out of print--i.e., out of production and off the market--and also, since simply taking a book out of print doesn't necessarily guarantee the return of rights, the steps the author must take to get the publisher to relinquish those rights back to him or her.

In a fixed-term contract, a reversion clause may not be needed, unless the fixed term is unusually long (for me, "unusually" would start at about eight years)--though publishers often do cover themselves by allowing for discontinuation of publication for various reasons, such as slumping sales. In a life-of-copyright contract, however, the reversion clause is vital. Unless you're Harper Lee or some other perpetually-in-print luminary (and maybe not even then), there's no reason in the universe for a publisher to hold your rights for so long.

Even so, in the days before the digital revolution turned everything upside down, there wasn't much incentive for authors to revert their rights once their books went out of print. Rights to an already-published book were extremely difficult to re-sell; and with none of the easy self-publishing options that exist today, there wasn't much an author could do with them on their own.

As a result, many writers--me included--simply allowed rights to their OOP books to sit with their publishers. This suited the publishers fine, since it could be very handy to still be holding rights to the OOP books of a suddenly-famous author. Dan Brown is one example of this--after The Da Vinci Code became a mega-success, his publisher rushed his OOP books back into print.

In the past few years, however, once-sold rights have become extremely valuable--to authors, who can tap into the rising enthusiasm for ebooks by self-publishing their backlists; and also to publishers, which are eager to digitally exploit the long tail of their rights catalogs. The reversion clause in a life-of-copyright contract is more vital than ever--and it is equally vital that it be precise.

In the pre-digital era, it was standard for reversion clauses to leave the decision to take a book out of print entirely to the publisher's discretion. Here's an example, from my 1997 Avon contract:
If all editions of the Work in the USA and Canada which have been published or licensed by the Publisher are out of print, and if, within six (6) months after written demand by the Author or the Author's representative, the Publisher does not agree to provide within an additional six (6) months adequate stock to meet the normal demand for the Work, or to arrange for a reprint or book-club edition...this Agreement will forthwith terminate and all rights in the Work will revert to the Author...The Work shall be considered in print if it is for sale by the Publisher in any edition, or if it is under option or license granted by the Publisher.
This used to be all that was needed. Books were physical objects only; they took up room in warehouses, and when they stopped selling in significant numbers it was in the publisher's interest to clear warehouse space by removing them from sale and pulping them or selling them to remainder dealers (especially after the Supreme Court's 1979 decision in the Thor Power Tools case made warehousing more expensive).

These days, a reversion clause like this is not enough. Books are no longer just physical objects, and electronic files don't live in warehouses. An ebook can be kept "in print" indefinitely at minimal cost. Under a clause like the one above, a publisher could easily argue that the existence of an ebook, or a digital file used to produce a POD edition, constituted "in print" and "for sale," even if the book wasn't actually selling a single copy. The author would have no ability to demand reversion--in fact, the circumstances under which he or she could demand reversion wouldn't even arise.

"Out of print," therefore, needs to be much more narrowly defined--ideally, tied to specific, objective circumstances, such as minimum sales or income figures that the publisher can't argue its way around (theoretically, at least.) Here's the reversion language from my 2000 HarperCollins contract (my bolding):
If either Work is out of print and the Publisher receives from the Author a written request for a reversion of rights to such Work, the Publisher shall within four months of the Publisher's receipt of such request do one of the following: (i) announce that it will reissue an edition of such Work...(ii) enter a license providing for the publication in the United States of an edition of such Work...or (iii) revert in writing to the Author the rights to such Work granted to the Publisher in this Agreement...

If for two consecutive accounting periods neither the Publisher nor a licensee of the Publisher has printed copies of the Work...but the Work is available for sale from the Publisher or a licensee of the Publisher by some means of on-demand printing, or electronic transmission or reproduction and within those two accounting periods, the Publisher and its licensees, collectively, have sold less than 250 copies of the Work, the Work shall be deemed out of print.
Back in 2000, not everyone recognized the importance of this kind of language--I'm very fortunate to be with an agency that keeps on top of the changes in publishing and really knows its stuff.

Here's a more recent example, from my 2011 contract with Marshall Cavendish (again, my bolding):
The Work shall be considered in print if it is on sale by Publisher in any English-language edition available through normal trade channels in the United States or if it is subject to an option or an outstanding license for any English-language edition available through normal trade channels in the United States under this Agreement. If the Work is not in print, Author may request in writing that Publisher keep the Work in print. Publisher will have six (6) months to comply. If Publisher fails to comply...then at the end of such six (6) month period this Agreement shall terminate and all of the rights granted to Publisher shall revert to Author...The existence of an individual print on demand edition or an electronic edition shall not constitute the Work being in print unless there are total combined sales of $500 or more a year for these editions.
The clauses above come from large and medium-sized publishers. For those of you with small presses, you're probably more likely to encounter a fixed-term contract than a life-of-copyright contract. However, many small presses do have life-of-copyright contracts, and if you're offered one with reversion/termination language that's more like the first clause I quoted than the second two, you should seriously consider whether it's a publisher you want to work with.

And of course, if your life-of-copyright contract has NO reversion or termination clause--and these are out there, believe me; I've seen them--run away. Fast.

Here's an ugly example of what can happen when reversion language is not precise enough--an author who can't regain her rights because her publisher is insisting that a book with almost no sales or distribution is still "in print" within the literal, and much too broad, meaning of her reversion clause.

And here's one major publisher's attempt to turn back the reversion clock: Simon and Schuster's 2007 effort to alter its standard contract language to ensure that it could consider a book in print as long as the book was available in any form, even just the publisher's electronic database, and even if the book had zero sales.

Monday, April 23, 2012

New/Updated Alerts at Writer Beware: Literary Agent Uwe Luserke, SBPRA

Posted by Victoria Strauss for Writer Beware

Writer Beware's Alerts page has been updated.

NEW ALERT: Literary Agent Uwe Luserke

In 1997, complaints began to surface about German literary agent Uwe Luserke, who was selling foreign rights to English-language short stories and novels and neglecting to pay the advances and royalties due to authors. In some cases, the sales were made without the authors’ knowledge.

Luserke specialized in speculative fiction, so SFWA investigated. Luserke’s fraud turned out to involve hundreds of novels and stories, publishers all over Europe, and scores of authors, including  some of the biggest names in the business–Terry Pratchett, Robert Jordan, Andre Norton.

SFWA made efforts to get the German government to take action against Luserke, but due to various factors, including the distances involved (the Internet was then in its infancy, and overseas contact was expensive and inconvenient), he was never sued or prosecuted. (See our earlier blog post for more detail.)

Luserke dropped out of sight around the turn of the century, but recently he has become active again. Writer Beware received contacts in 2010 and 2011 from writers who were considering doing business with him, and in 2012 we’ve begun seeing complaints about non-payment very similar to those from 1997.

In April 2012, we saw Luserke’s rights catalog, which lists over 25 authors and authors' estates. Writer Beware recommends that authors and authors' estates use extreme caution in dealing with Uwe Luserke.

We're looking to hear from writers who've had contact with Uwe Luserke or difficulty with unauthorized rights sales, payment, or other issues. Contact us.

UPDATED ALERT: Strategic Book Publishing and Rights Agency, a.k.a. SBPRA

Our long-standing Alert about this company has been updated to include the latest names under which it's doing business. In addition to Strategic Book Publishing and Rights Agency (SBPRA), these include:
  • Best Selling Book Rights Agency
  • Professional Publishing Press
  • ePubCo
  • Rapid Illustrations
  • Best Quality Editing Services
  • Publish On Demand Global
  • Publish On Demand Australia
  • Publish on Demand India
  • Publish on Demand Korea
  • Publish On Demand Taiwan
  • Publish on Demand UAE
  • Publish on Demand UK and Europe
  • Authors and Libraries Program
  • AuthorMarketingIdeas.com
  • AuthorSuccessStories.com
See our Alert for a full history of SBPRA's name changes since 2001. Many of the earlier names have been discontinued, but some still appear to be in use.

Friday, April 20, 2012

Link Roundup

Posted by Victoria Strauss for Writer Beware

Links to articles, blog posts, etc., that I found especially interesting this week:

- The Department of Justice's lawsuit against Apple and five of the Big Six publishers for alleged ebook price-fixing--in which three publishers settled, and Apple and the remaining two vowed to stand and fight--was the big news last week. This week, industry expert Mike Shatzkin provided a concise summary of where we stand now. His conclusion:
Amazon (which includes any other player largely dependent on Amazon) and the most price-conscious ebook consumers have won. Everybody else in the ecosystem: authors, publishers, and other vendors, have lost. The reaction from all quarters seems to confirm that analysis.

- More fallout from the DOJ lawsuit: Laura Hazard Owen of PaidContent takes a look at how the lawsuit will affect ebook buyers: lower prices (though not right away), new promotions, the possible death of DRM, and some stuff that won't change.

- Speaking of DRM, author Charlie Stross makes a passionate argument that killing DRM is the way for publishers to compete with Amazon, enabling readers to "to buy books from a variety of outlets and move away from the walled garden of the Kindle store." This is a MUST READ post for anyone who's concerned about the future of publishing.

- For a lot of people, it seems axiomatic that because they don't involve paper and ink, ebooks are very cheap to produce. Author and former agent Nathan Bransford explains that it ain't necessarily so. Why? Because paper doesn't actually cost very much.

- As if the scandals over plagiarism in the KDP program weren't enough, now it appears that there's a major knockoff problem: cobbled-up books titled to resemble bestsellers in hopes of tricking consumers into buying them. I Am The Girl With The Dragon Tattoo, anyone?

- Attention, authors: This interesting chart of what Twitter users do and don't like demonstrates why Twitter is such an excellent resource for self-promotion. You've got to be savvy about it, though--on Twitter, as elsewhere, spam does not work.

- Like most authors, I've had good experiences with editors (my current editor is a genius and a gem, and I adore working with her) and bad experiences (such as the editor who inherited my book after the original editor departed, and made it very clear she wouldn't have signed me if things had been up to her). But even the worst experiences haven't shaken my certainty of the vital importance of the editor's role. At Salon, writer and former editor Gary Kamiya explores the awesomeness of working with a great editor.

- Is the self-publishing gold rush starting to wane? Self-pubbed author Rik Davnall thinks it may be. There's some interesting food for thought here; I've long agreed with Rik's observation that device enthusiasm, as much as readers' desire for new material, has been a major driving force in the electronic self-publishing boom, and that as device enthusiasm levels out, so will the boom. 

- Just for fun: Why waste time waiting for rejection letters, or worrying that your dream agent's lack of response means she has a "no response means no" policy? Now you can beat them all to the punch and reject yourself. Behold: the Rejection Generator!

- And here's the ultimate Mary Sue: a custom book company that will make you the protagonist of your favorite classic novel. Elizabeth Bennett, anyone? (They'll personalize original genre novels, too!)

Tuesday, April 17, 2012

Book Giveaway

Posted by Victoria Strauss

The Arm of the StoneThe Garden of the StoneToday and tomorrow, my fantasy novel The Arm of the Stone is a Kindle freebie. That's right--you can download it at Amazon.com for absolutely zero dollars! (And if you like it, you can buy the sequel, The Garden of the Stone, for just $4.99.)

For those of you who prefer print books, I'm running a giveaway from today through April 22. I'll be picking two winners in a random drawing to receive handsome trade paperback copies of BOTH The Arm of the Stone and The Garden of the Stone.

Just drop me an email, and I'll enter you in the giveaway. Be sure to provide your mailing address (the information won't be shared, and you won't be added to any mailing lists).

Thanks, and happy reading!

Friday, April 13, 2012

The DOJ's Ebook Price Fixing Lawsuit Against Apple and the "Agency Five": An Overview

Posted by Victoria Strauss for Writer Beware

Unquestionably, the big publishing news of the week was the US Department of Justice's lawsuit filing against Apple and five major book publishers--Penguin, Macmillan, Hachette, HarperCollins, and Simon and Schuster--for alleged ebook price fixing.

At the root of the dispute: the agency pricing model for ebooks, which the publishers adopted in 2010. Under the wholesale pricing model that until then had been the norm for both ebooks and print books, publishers sell to intermediaries--such as bookstores or distributors--at a fixed discount off the list price, and the intermediaries are then free to re-sell to consumers at whatever price they choose. Under the agency pricing model, publishers sell directly to consumers via retailer "agents"--such as Amazon or Apple--which get a commission on sales but cannot lower the publisher-set price. The wholesale model allows the retailer to control book prices; the agency model gives that control to the publisher.

The agency model, in other words, completely changes the selling relationship between publishers and retailers in regard to ebooks. This change is invisible to the consumer, but it is felt in the uniformity of ebook prices from retailer to retailer--since they can't discount--and in the unintended consequences of competing pricing models, such as heavily discounted print books selling for less than their non-discounted electronic versions.

The DOJ doesn't have a problem with the agency model as such. What concerned them was the possibility that the publishers--at first among themselves and later with Apple--had colluded on establishing it, as a way not just to gain control of ebook pricing, but of limiting Amazon's perceived dominance of the ebook market, which Amazon had achieved in part by aggressive discounting.

According to the lawsuit, the collusion occurred through a series of meetings, email exchanges, and telephone calls in 2008 and 2009 (GalleyCat has the details of these allegations) and culminated in the introduction of the agency model in early 2010, just ahead of the April debut of the iPad. (You may remember the February 2010 standoff between Amazon and Macmillan, in which Amazon turned off Macmillan's buy buttons in protest of the agency model, but later capitulated and turned them back on.) As a result, the lawsuit alleges, consumers have paid tens of millions of dollars more for ebooks than they otherwise would have.

The full complaint can be seen here.

Three of the five publishers named in the lawsuit--HarperCollins, Hachette, and Simon and Schuster--have agreed to settle. Among other things, the settlement prohibits them from setting consumer prices for the next two years, prevents them from entering into retailer agreements that include Most Favored Nation clauses (i.e., no one can undersell the retailer) for the next five years, and requires them to terminate their contracts with Apple within seven days of signing the settlement. They must also engage in a variety of compliance activities, including appointing an Anti-Trust Compliance Officer. (Helpful overviews of the settlement terms can be found at ShelfAwareness, Wired, and Publishers Weekly.)

The settlement can be seen here.

The settling publishers have issued statements; they deny liability, and cite their desire to avoid a costly and protracted legal battle as their reason for agreeing to the settlement. Macmillan and Penguin, by contrast, have vowed to fight on. Penguin's John Makinson has issued a statement denying wrongdoing and affirming the agency model as "the one that offers consumers the prospect of an open and competitive market for e-books." Macmillan's John Sargent expressed similar views in an open letter to authors, illustrators, and agents:
When Macmillan changed to the agency model we did so knowing we would make less money on our e book business. We made the change to support an open and competitive market for the future, and it worked. We still believe in that future and we still believe the agency model is the only way to get there.

It is also hard to settle a lawsuit when you know you have done no wrong. The government’s charge is that Macmillan’s CEO colluded with other CEO’s in changing to the agency model. I am Macmillan’s CEO and I made the decision to move Macmillan to the agency model. After days of thought and worry, I made the decision on January 22nd, 2010 a little after 4:00 AM, on an exercise bike in my basement. It remains the loneliest decision I have ever made, and I see no reason to go back on it now.

Apple, which has also refused to settle, has also denied the charges. Some experts feel that the DOJ has a weaker case against Apple than against the publishers, and is unlikely to prevail.

Will the settlement actually benefit consumers, as the DOJ claims? It's far too early to predict, but that isn't stopping people from trying. Many of the expressions of dismay that greeted the settlement cite fears of less choice and competition, as the level playing field created by uniform pricing is dismantled, and Amazon continues to consolidate its already commanding dominance of the ebook market. Other commenters disagree, with familiar criticism of the publishing industry.

Amazon has already announced plans to lower ebook prices. It's important to note, though, that the agency model itself has not been invalidated. While the three settling publishers have agreed to give it up, the two non-settling publishers--plus Random House, which adopted the agency model much later than the other five and wasn't named in the lawsuit--will continue using it, at least for the moment. So in the short term, only some prices will drop. (Ebook aggregator Smashwords, which distributes 40,000 small presses and self-published authors, will also retain the agency model; Smashwords' Mark Coker explains why in a long and interesting article that posits that ebook prices have actually fallen--not risen--under the agency model.)

In the long term...who knows? Mike Shatzkin has proposed some possibilities. One of his more interesting conclusions:
Over time, the biggest losers here will be the authors. The independent authors will feel the pain first. Agency pricing creates a zone of pricing they can occupy without much competition from branded merchandise. When the known authors are only available at $9.99 and up, the fledgling at $0.99-$2.99 looks very attractive and worth a try. Ending agency will have the “desired” effect of bringing all ebook prices down. As the big book prices are reduced, the ability of the unknowns to use price as a discovery tool will diminish as well. In the short run, it will be the independent authors who will pay the biggest price of all.

In the meantime, 15 states have filed suit against Apple and the five publishers, demanding restitution for overpriced ebooks, and a class action lawsuit is working its way through the courts. An anti-trust probe into agency pricing by the European Uniong is also ongoing, though it appears that Apple and four of the five publishers may be nearing a settlement.

Wednesday, April 11, 2012

Poetry.com Returns

Posted by Victoria Strauss for Writer Beware

Once upon a time, there was an infamous vanity anthology company called the International Library of Poetry, also known by the name of its website, Poetry.com.

The ILP advertised free poetry contests in newspapers and magazines, with cash prizes for the finalists and publication in a hardbound anthology for finalists and semi-finalists. The contest wasn't a real contest, however. Just about everyone who submitted a poem was declared a semi-finalist, and offered the "opportunity" to buy the anthology in which their work was to appear (with, of course, a discount for multiple purchases). If they stumped up for the anthology, they were bombarded by offers of other ways to spend money: yet more contests, their poems embossed on coffee mugs or enshrined on plaques, memberships in poets’ societies (which demanded $100 or more in annual dues), attendance at poetry conferences (which cost as much as $600, travel and hotel not included).

In 2009, the ILP finally went bust, and the Poetry.com domain was acquired by self-publishing service Lulu.com (I blogged about this when it happened). Lulu kept the functionality of the Poetry.com website--including the thousands of poems published by Poetry.com participants over the years--but discontinued the vanity anthologies and the merchandising aspects of the business.

Good news for poets--though of course there was no shortage of similar schemes to take the ILP's place.

Now it appears that the Poetry.com domain has changed hands again. The new owner is a company called Newton Rhymes, LLC, which filed a trademark application for the Poetry.com name in January of this year. Virtually no information on Newton Rhymes turns up in a web search, other than the fact that it is a brand-new business based in Massachusetts and licensed in New York, which also owns a rather neglected-looking website called TRCornelius.com that advertises writing contests.

Former Poetry.com participants found out about the change via an email solicitation at the end of March, inviting them to "claim" their poems on the re-launched Poetry.com website and "share your message with the world!"

The new Poetry.com--which is already drawing participants--features a points and badges system, allowing poets to earn points for activities such as providing critiques and promoting Poetry.com on social media. Poets who amass 25,000 points earn an ugly pin. The poets who earn the most points for doing various things that boil down to promoting the site are promised an appearance on national TV (no details on when or where).

Though the junk mail-style tone of the solicitation email and the tacky look of the re-vamped website don't bode well, membership in the new Poetry.com is free, and there's no sign of the contests, anthologies, coffee mugs, or other cheesy methods by which the ILP extracted cash from poet-participants.

There also doesn't appear to be any advertising--which raises the question of how the new Poetry.com pays for itself, and what's in it for Newton Rhymes. A hint, possibly, can be found in the Privacy Policy (my bolding): "We will receive and store any information you enter on the Web Site or give us in any other way that personally identifies you...By submitting this personally identifiable information to us you agree to receive email and postal mail communication from us and our marketing partners." In other words, anyone who signs up for the new Poetry.com website should expect to be solicited.

I'll be keeping an eye on the new Poetry.com, and will update this post if anything changes.