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Digital Book World Conference Hopes to Lure Agents into E-Revolution
Don't start the e-book revolution without us. That seems to be the message coming out of the literary agent community as reflected in their response to invitations to a major conference taking place in New York City's Sheraton Hotel and Towers at the end of January.
The revolution has overcome countless obstacles on the road to the tipping point, but one stubborn source of resistance has been the agents. Their intransigence has not been so much a matter of hostility as uncertainty. Caught flat-footed by developments that went from zero to warp-drive speed in the blink of an eye, agents have struggled to get a handle on their role in the new e-world order. Though they take pride in being ahead of their clients, in the case of e-books many of their authors are way ahead of them, doing things or at least thinking thoughts that do not involve services commissionable by their agents such as self-publication of unsold books. Other agents simply want to be able to answer author questions or help their clients find a place in a universe that seems to be hurtling out of control. One wag described it as "Agents on the verge of a nervous breakdown." (See Why Don't Agents Want to Play?)
Mike Shatzkin, chairing Digital Book World on January 26th-27th, is determined to draw agents into the e-book process by designing a number of programs specifically to interest them. "The Changing Agent-Author Relationship: How It Will Affect the Business Model Speakers," chaired by Oprah's Book Club's Sara Nelson, is one such. Another, "Tomorrow’s Book Contract," chaired by yours truly, features several agents, a lawyer and a publishing company rights manager presenting wish lists of contract language and provisions reflecting changes in the publishing landscape.
Other panels and speeches will address non-e-book topics of concern to agents such as "Back-Loaded Book Deals: No (and Low) Advance Contracts, Profit-Sharing and Other Innovative Business Models".
With its glittering roster of publishing industry star speakers and panelists, we're told that the conference is almost sold out, but if you're a literary agent you can be sure Mike Shatzkin will do his best to squeeze you in.
Book Expo Begins Today, But When Does It End? Mike Shatzkin Says Sands Running Out
When you admire a guru, you have to take the bad prophecies with the good. Mike Shatzkin, who is giving a significant presentation at the commencement of Book Expo America, is certainly our favorite guru. But damn!, his gloomy prognostication about the future of the convention is hard to live with, even though deep down we suspect it's true.
There are two classes of people in publishing: those who remember the American Booksellers Association (ABA) convention - BEA's predecessor - and those who don't. The latter roughly parallel those who don't remember typewriters, black and white televisions, or automobiles with clutches. If these artifacts of 20th century civilization draw a blank stare, it will be equally hard to imagine what publishing must have been like when booksellers were important.
Before getting to his doomsday prognostication, Shatzkin takes us down memory lane to recall what BEA used to be. This is not merely idle reminiscence but, rather, Shatzkin setting us up to understand what the the convention has become and why it may no longer be a viable destination for a publishing industry that is exploding like a fragmentation grenade.
When I was a pup, the ABA was definitely an order-writing show. The number of independent bookstores who bought a big chunk of any trade list properly presented to them was in the thousands. (Now: what would you say? the dozens? wouldn’t hundreds be an exaggeration?) Only a few of the biggest publishers had sales forces large enough and disciplined enough to really cover them all, so most exhibitors encountered retailers who would do immediate business. Everybody had some sort of show “special” to encourage ordering. I think for many years it was “blue badges” that signified booksellers: you kept an eagle-eye out for them as the traffic streamed by and you knew exactly what and how you were going to pitch them.
Each night at the main convention hotels, several publishers — and all the mass-market publishers — ran “hospitality suites” offering liquid refreshment and munchies very deep into the evening. You’d make the rounds of those after you had gone to whatever events, dinners, and parties had taken place in other locations. I always found the time in the hospitality suites to be a highlight of the convention.
The halcyon days of the 1970s and 80s gave way to a more corporate environment when Reed Exhibitions, which bills itself as the world's leading organizer of trade and consumer events, acquired a controlling share of the show, changing its name to Book Expo America. "Reed Exhibitions excels in creating high profile, highly targeted business and consumer exhibitions and events to establish and maintain business relations, and generate new business," says the organization's website.
Interestingly, Reed's takeover paralleled the rash of trade book publisher mergers and acquisitions that, like a collapsing star, imploded the industry from hundreds of vibrant companies to fewer than a dozen behemoths in the space of a decade. 1996, the very year Reed acquired controlling interest in ABA, was the same one in which the mass market paperback business underwent a convulsive contraction that transformed the format into the Fifteen Top Blockbuster airport model that characterizes mass paper today. (I've written about this at length in a two part article, "The Rise and Fall of the Mass Market Paperback": Part 1, Part 2.)
Thus, while Big Publishing seemed to be soaring in the late 90s it was actually peaking, and the shift made itself manifest in the book fair. "The long expansion of the US book trade, which had continued pretty much unabated from World War II until the mid-1990s, stopped and started to reverse in the Internet age," writes Shatzkin. "Even worse for the industry trade show, consolidation of both big publishers and retailers accelerated. That meant fewer publisher customers to buy the booth space, and fewer retailers walking the aisles to make the booth space valuable."
And now, a little over a decade later, the collapsing star of Big Publishing generates more heat ($24 billion annually) than light, and that's reflected in the dimming of the celebration called Book Expo America. "The BEA of today isn’t the ABA of old," laments Shatzkin. "The booksellers are just about gone. The late-night hospitality suites don’t exist anymore. And hardly any publisher goes to the show expecting to write orders. It is time to organize a betting pool where the question is: how many more BEAs before, like its Canadian counterpart [Book Expo Canada shuttered permanently early this year] it simply ceases? Three? Four? Hard to see more than that."
But wait - there's a PS. BEA's show director Lance Fensterman reports that the convention's attendance is down 14% over the last one held in New York City, 2007, and exhibitor personnel registrations are down 10% to 15%. Overall exhibition square footage is down 21%. It looks like the Guru of Gloom is right again, dammit.
Copyright Asteroid Hurtling Toward Earth, Impact Due 2013
Evan Schnittman observed it as a smear of light on the fringe of our galaxy, but it took media guru Mike Shatzkin to fully articulate its significance. And significant it is, a possible game-changer in the internecine struggle among authors, publishers, and Google. It has to do with a little-known provision of the US Copyright Act of 1978.
Schnittman, a Vice President of Business Development and Rights for Oxford University Press, mentioned it almost as an afterthought at the end of "There Will Be Disintermediation", the final installment of a brilliant three part analysis in his Black Plastic Glasses website. "Mark your calendars, folks," he declares, "the disintermediation begins on January 1, 2013. What happens on January 1, 2013? See for yourself in the US Copyright Act of 1978, section 203. {…Termination of the grant may be effected at any time during a period of five years beginning at the end of thirty-five years from the date of execution of the grant…}" [bold print is Schnittman's.]
"What if this change," asks Schnittman, "was so significant that it could possibly even spawn an industry wide reset of the way we do things?" He leaves us panting for an answer, and Shatzkin provides it:
"It turns out there is a clause in the 1978 copyright law that allows any author to reclaim any copyright despite any contract with a publisher, simply by serving notice. The copyright can be reclaimed no less than 35 years and no more than 40 years from the book’s original publication. So books published in 1978 can be reclaimed by their authors from 2013-2018.".
"One wonders" Shatzkin ruminates, "how many agents are aware of this law and are preparing for it."
Actually many agents have been aware of it for years, and a number have invoked it. It's commonly referred to as the "Widows and Orphans Provision," because it entitles immediate family members to recover from publishers or certain derivative licensees (like movie companies) the copyrights to works published by a deceased author. (Don't worry, men, widowers are included!) What some agents may not be aware of is that an author doesn't have to be dead for the reclamation to take place; he or she simply has to live long enough to take advantage of the provision. For books licensed to publishers after January 1, 1978, the law is effective "thirty-five years from the date of publication of the work under the grant or at the end of forty years from the date of execution of the grant, whichever term ends earlier."
What surprises Shatzkin is that Article 203 has not come up in discussions about the Google Settlement, and we owe him and Schnittman a debt of gratitude for placing it on the table.
Until recently we'd have said that (except for a small number of evergreen backlist books) most titles coming up for reclamation under the Act are worth little or nothing. But with Google's push to monetize old books, even moribund ones may have value either to their authors, their publishers, or Google. As Shatzkin puts it, for some old books "it looks like a new payday has been set up."
For the full text of Article 203 of the 1978 Copyright Act, click here.
Mike Shatzkin Hurls a Paving Stone at Etailer Discounts
Hard on the heels of author Orson Scott Card's fulmination against Amazon.com's "obscene" share of revenues generated by the Kindle comes a proposal by Mike Shatzkin to blast etailer discounts, currently averaging 50%, back into the Dark Ages. How far back? "I suspect that number is about 20%," he says in a recent Shatzkin Files blog.
I've described Shatzkin as a guru, but some reading his radical position may call him Jacobin. After you read it, however, you'll wonder why it took so long for someone to question why e-book retailers charge the same discount that retailers of traditional books do, when the two modes have scarcely a thing in common. "This is daft," he declares. "There is no comparison between the retailers’ costs and risks associated with physical books and those associated with ebooks. There is no economic justification to providing the same level of discounts."
"Now," says Shatzkin, "is the time to change this."
How does he propose to do this? Here's where things move from Jacobin to Red Brigade. "The publishers need to jointly fund and substantially own a virtual retailer whose mission would be to deliver all conceivable ebook formats...To stay on the right side of the law, publishers would sell to the new entity on the same terms they sold to everybody else. But the objective here is to limit the ability of retailers to force higher discounts through boycotting publishers or titles with impunity."
Is Shatzkin suggesting publishers fight boycott with boycott?
The terms "boycott" and "right side of the law" don't mingle very comfortably, but it's clear that Shatzkin is pretty convinced that no tactic short of ganging up on etailers will work. Unfortunately, experience does not encourage optimism about publishers' courage to join together to restore the balance of trade. Had they found the collective cojones to force bookstore chains to roll back the returnability of print books, the industry would not find itself in its current position, namely, over a barrel with its legs spread.
While he's tossing sabots into our complacency, Shatzkin dismisses publishers' initiative to sell their books directly to consumers rather than through retailers.
"The current effort by several general trade publishers to drive traffic to their own house-branded web sites is misguided and doomed. But Amazon (and Shelfari, GoodReads, LibraryThing, and our new entrant, Filedby.com) have demonstrated that sites with information across the trade book spectrum have real consumer appeal. With the support of the big publishers from the earliest possible moment to make the high-profile general trade books visible, at least a large portion of the discovery traffic could be liberated from being captive to Amazon, Google, or anybody else."
I'm not sure I agree. In a posting on the subject we wrote, "If the only source of profit (to say nothing of independence and dignity) left to publishers is consumer retailing, they will step up their activities in this area until in time they are in a position to challenge the Barnes & Nobles and Amazons. Though the only weapon they have is their content, that may be more than enough to vanquish these Goliaths."
If enough publishers pick up on Shatzkin's proposition to realign e-book retailer discounts, it may be the beginning of the end of the digital equivalent of the Ancien Régime. It's certainly time to air the issue, and Shatzkin has earned our gratitude for speaking up.
