Friday, June 19, 2009

Simon & Schuster's eBook Venture will Fail

By Anthony S. Policastro

Simon & Schuster will now sell its most popular titles as eBooks on Scribd.com. Great news! A major publishing house is going digital.

But they are doomed to failure.

They think readers will pay 20% off the list price of a book's most recent printed version, according to an article in The New York Times on June. 11.

So a printed Simon & Schuster title that lists for $26 will sell for $20.80 as an eBook and a $15 paperback's eBook version will sell for $12.00. Lots of luck Simon & Schuster. You would have better luck selling ice cubes on the North Pole.

Most people won't even pay $10 for an eBook. The reason is that they do not perceive the value the same as the printed version.

With a hardcover or paperback, you can feel and smell the value in the design of the cover, the layout of the type, the feel of the paper, and its ubquitious portability. You don't have to worry about a battery going dead or the sun being too bright to read the book.

An eBook has none of those characteristics and publishers will never convince the public, and they have tried, that eBooks cost as much to produce as their printed cousins.

In my last post, I asked the question, Would you pay $26 for an eBook? about Google competing with Amazon in the eBook market.

What stuck out in my mind was that publishers were embracing the move because they could charge what they wanted for eBooks on Google since they could not set prices on Amazon's Kindle. The article was updated a few days later with new information that Google will also set the price of eBooks similar to Amazon.

So Simon & Schuster, if the two largest forces on the Internet know that eBooks have to be priced much lower than their printed versions, why do you think a 20% discount will work?

Your new venture is doomed to fail unless you lower the price of your eBooks.

Here's my suggestion:

Price your major titles at $8.88 for the eBook version. The price is lower than Kindle's major titles and readers don't have to shell out $359 for the Kindle. In addition, three eights is traditionally lucky and fortunate and that luck and good fortune may come your way.

As long a major best sellers are priced on the Kindle at $9.99 and free and lower-priced eBook sites are popping up like weeds, why would anyone pay $20 for an eBook?

What do you think?


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Saturday, June 13, 2009

Celebrating the Tour de Fur

By Paula Margulies

One of the best parts about being a book publicist is that I learn so much from the creative and hard-working authors I meet. In addition to being great with plot, dialogue, and characterization, many writers are also gifted artists and marketers, coming up with some truly original ideas for promoting their books.

An idea I found particularly clever (and enjoyed being a part of recently) is author Paula Brown's pay-it-forward travelling road show for her one-year-old nonfiction book, Fur Shui. Fur Shui explores the principles of chi, or energy, used in the traditional Chinese practice of feng shui and describes how to use them to create healthy and happy environments for animals. An animal communicator and graphic designer, Paula Brown came up with the idea of celebrating her acclaimed book's one year anniversary with an exchange program she calls The Tour de Fur.

To kick off the tour, Paula sent out eight copies of Fur Shui to pet owners who wrote in by email offering to participate. After the first eight readers received their books, Paula asked them to pass the books on to other pet owners and animal lovers across the globe. Those who receive Fur Shui must take a photo of themselves and the book; the book and their animal(s); or just the book in their geographical location. Paula asks that they email a copy of the photo to her, sign and date the book, listing what city they’re in, and then pass it forward.

After six months, Paula plans to call in the eight copies and see "just how full of love and signatures" the books will be. She provides instructions inside each copy for where to send it when it’s full, and also offers a free animal chakra reading to each pet owner who forwards a copy to another person.

Paula’s set up a new blog at http://furshui.blogspot.com, to track her books' adventures and show off the photos that she hopes will come in from all over the globe. Check out her blog and her website at
www.furshui.com to see what’s happening with this creative author’s first birthday celebration for her imaginative book, Fur Shui.
________
Paula Margulies is a book publicity and promotions expert in San Diego, California. You can reach her at
paula@paulamargulies.com, or visit her website at http://www.paulamargulies.com/.

Wednesday, June 10, 2009

Are You Faking It?

By Elisa Lorello

Thanks so much, Anthony, for giving me the opportunity to post on your blog and for all your support. I’m so excited about this tour and about the journey FAKING IT has taken, from the very first “what-if” to now.

FAKING IT is a romantic comedy set mostly in New York City (think When Harry Met Sally meets Sex and the City). Andi, a thirty-something writing professor, meets Devin, a handsome, charming escort (is there any other kind?), and proposes an unusual arrangement: lessons in writing in exchange for lessons on how to be a better lover. When Andi and Devin break the rules of their contract that forbids them from seeing each other socially and become friends, complications ensue. FAKING IT is witty and fun, yet also has some poignant moments.

I’m often asked what advice I would give an aspiring writer. My response is to never limit yourself. If you believe you have limitations, then your biggest limitation is you.

Let me give you an example. The idea for FAKING IT came to me ten years ago (I can’t believe it!) when I was watching this brand new show called Sex and the City. I was struck by its boldness, yet uncomfortable with its content—I was this Roman Catholic with five overprotective brothers and a mother who never let me watch soap operas when I was a kid, and they’re talking about WHAT??? Suddenly this “what-if” whispered in my ear: what if a woman is so inhibited that she needs someone to teach her to be more like those women on Sex and the City? And what if that person is a man, someone who is an expert on such things? What if he’s an escort? And what if they become friends? And so on.

I put off writing that “what-if” for five years because of the limitation I had established: I am not a fiction writer.

Yes, I actually believed that! I had always been more comfortable with the autobiographical essay, or memoir. But the idea wouldn’t go away, and I finally realized that I could use elements of what I knew (New York, teaching, writing and rhetoric, etc.), yet still tell Andi’s story. After all, it worked for Nora Ephron. Same with Woody Allen. Once I removed that limitation, the dam broke, and lo and behold, FAKING IT poured out of me. Moreover, I quickly discovered that this novel had a potential readership other than me, and that I was indeed a fiction writer.

The other limitation I removed was this idea that there was only one way to publish, that if I didn’t have a literary agent or a traditional publishing deal, then no one was going to take me, or my novel, seriously. All I had heard was how hard it was to get published, how competitive the business was. But I decided not to believe them.

I queried agents and got many rejections, but that didn’t stop me from believing in my work or in myself as a commercial author. Thus, I researched self-publishing and was lucky to ride the wave of social networking as a force in self-publishing and viral marketing. And I have no regrets.

Don’t let anyone tell you that you can’t write, can’t publish, can’t sell your book. The only limitation you can ever have is you. Sky’s the limit – get busy writing!

FAKING IT is currently available at Lulu.com, Amazon.com, Quail Ridge Books and Music in Raleigh, NC, and Baker Books in North Dartmouth, MA. Also, be sure to join the group Faking It Fans on Facebook, and follow my blog, formerly known as Kairos Calling.
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Thursday, June 4, 2009

Would You Pay $26 for an Ebook?

By Anthony S. Policastro

The New York Times reported over the weekend that Google has announced that it will sell ebooks to consumers - competing directly with Amazon.

The Times reported,

"In discussions with publishers at the annual BookExpo convention in New York over the weekend, Google signaled its intent to introduce a program by that would enable publishers to
sell digital versions of their newest books direct to consumers through Google.
The move would pit Google against Amazon.com, which is seeking to control the e-book market with the versions it sells for its Kindle reading device."
I applaud Google for taking on such a challenge because it is not healthy for anyone when one group or organization monopolizes a given market. And Amazon clearly wants to dominate the ebook market with its ebook reader, The Kindle, as it did with printed books.

However, the Times also reported that publishers were happy about the announcement because publishers,
"...have expressed concerns about Amazon’s aggressive pricing strategy for e-books. Amazon offers Kindle editions of most new best sellers for $9.99, far less than the typical $26 at which publishers sell new hardcovers. In early discussions, Google has said it will allow publishers to set consumer prices."
It seems to me that publishers are happy because they will be able to charge $26 for an eBook through Google - the same price they command for a print version.

Well, they will have another rude awakening because most people who buy ebooks don't believe they should be the near or the same price as a printed version. Just take a look at all the commercial ebook sites whose titles average $15 or more. Their ebooks are not selling.

Part of the success of the Kindle is that the average best seller is priced at $9.99. People who have Kindles feel like a kid in a candy store whose dad just said, "Get anything you want."
The $10 price is the sweet spot of pricing for ebooks. If prices increase significantly, then it is no longer a sweet deal.

What do you think?
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Friday, May 29, 2009

Selling Books at Fairs and Festivals

By Paula Margulies

It's that wonderful time of year when local neighborhoods and specialty organizations begin holding their annual street fairs and festivals. Authors should try to take advantage of the festivals in their areas, as they offer great opportunities to meet readers and sell books. Many festivals attract thousands of attendees and provide excellent selling opportunities, especially for unknown and self-published authors who are not as likely to draw big crowds at book store signings. Selling books at fairs and festivals is also a smart idea for more experienced or well-known writers, who are looking to augment their book tour schedules.

Listed below are some tips if you plan to sell your book at a street festival or book fair this year:

1. Promote ahead of time.

If you plan to sell books at a festival, be sure to do all the footwork that you would normally do for any book signing. Send out a press release, list the event in print and online calendars, and use your email lists to notify readers that you’ll be selling books at an upcoming festival or fair. Be sure to include the date, time, and street address for the festival, as well as the location of your particular booth, in your promotional material.

2. Share expenses.

Some festivals charge quite a bit for booth space. If you find the price too prohibitive, consider splitting costs by sharing space with one or more other authors. If you are going to rent a booth at a specialty fair, invite other authors who have books in the same genre, or share with someone who sells something related to your book. Be creative - if you have a book with a Native American theme, share space with a historical author at some of the Indian pow-wows in your area. If you are a nonfiction writer with a how-to book, you may want to attend some of the local craft fairs and festivals that occur in the spring and summer months. Shop owners and local artists are often looking for opportunities to sell their wares and may be interested in sharing space at festivals. Also, watch for specialty events - children’s book festivals, African American festivals, Italian or Greek festivals, and library events, etc., where your book might fit in.

3. Come prepared.

Make sure you have the following items with you before you head out to man your booth:
Books - consider how many people will be attending the event, and plan accordingly. If you drive to an event, you can always keep extra books in your car, in case you sell those you bring with you to the booth. Be sure to bring "Autographed Copy" stickers if you plan to sign books at your booth, and determine what price and the appropriate tax amount, if applicable, you’ll be asking before the booth opens that day.
Giveaways - like any trade show, you should plan on giving out freebies to attract individuals to your booth. Bookmarks, candy, pens, etc., all work well as giveaways that will attract readers to stop by your booth. One author I know creates small booklets, with the first five chapters of her young adult fantasy novel, as a giveaway to use at book fairs. She hands them out to kids as they pass by, and urges them to ask their parents to purchase the book online or at a bookstore if they want to read more.
Set up items - make sure you have a table, table covering, chairs, canopy, cooler with food and drinks, sunglasses, sunscreen, a jacket for cooler weather, book stands, and signage or posters. Bring scissors, tape, and any other items you might need for setting up displays. Stash set-up items in a piece of carry-on luggage to easily roll them out to your booth. If you're going to be outdoors, bring paperweights or heavy items to hold down any flyers or papers that might blow away on windy days.
Tax permits and change - some festival and fair organizations require that you have a business license or tax permit before you can sell at a booth and will ask that you bring those with you while you’re exhibiting. Also, be sure to bring change with you in correct increments: nickels, quarters, dollar bills, etc., so you can make a sale if someone hands you a $20 bill or higher. If you are set up to accept credit cards and checks, be sure to have the processing equipment with you (if you accept PayPal and have access to electricity, bring your laptop or PDA).
Pitch - plan a quick, one-minute pitch to use with individuals who stop by your booth. Outline your spiel in advance, and practice it so it seems natural and friendly when potential buyers approach you.

4. Practice good booth etiquette.

If you're sharing a booth, it’s important to be considerate and polite to your fellow authors, as well as the neighboring sellers on either side of your booth. When sharing booth space, arrange how you’ll handle customers ahead of time, so that you’re not jockeying for attention when individuals approach, and be sensitive to customers who are listening to your booth buddies' pitches. Try to engage your customers before they buy; take the time to ask them what they like to read, if they read books similar to yours, etc., and really listen to their answers - although people will be interested in your comments about your book, they also like to be heard, so use your listening skills to help make the sale.

5. Have ordering info ready if you run out of books.

Be sure to bring extra info, such as business cards or flyers, to can hand out if you run out of books and giveaways. If sales are slow, you can lower prices, but doing so often means that you might sell out. Be prepared to make use of your remaining booth space time by having ordering information or contact information readily available for those who may want to buy after the event is over.

6. Follow up afterward.

Like any networking event, fairs and festivals provide ample opportunity to network with other authors, potential clients, and readers. Be sure to follow up after the festival: send promised books to customers, get in touch with networking contacts, and send thank yous to festival organizers, so they'll invite you back next year.

7. Book early for next year’s event.

Some festivals are really popular and only allow a limited number of vendors. To ensure that you aren’t shut out of key festivals and fairs, research the ones available in your area and be sure to book them ahead of time whenever possible.

A great list of links of annual book festivals throughout the United States can be found at: http://www.thegritsbookclub.com/Content/Events.html

Happy selling!
__________
Paula Margulies is a book publicity and promotions expert in San Diego, California. You can reach her at paula@paulamargulies.com, or visit her website at http://www.paulamargulies.com/.

Wednesday, May 20, 2009

Ten Things Every Writer Can Do to Ensure the Success of His/Her Book

By Stacey Cochran

Thanks so much, Anthony, for letting me guest blog at The Writer’s Edge. I am currently in the midst of a 45-Day Blog Tour to promote my new novel CLAWS, and I need all of y’all to head over to Amazon, buy a copy, and write a review. That, more than anything else, will support the success of this book.

Which leads me to the topic of my guest blog here today:

Ten Things Every Writer Can Do to Ensure the Success of His/Her Book

1) Edit the Hell out of It. This should be the first step after completing your manuscript. My usual timeline is to spend about 3-6 months after the first draft is done, revising and tinkering to make sure I’ve got it as tight as can be. Then, I put it in front of my critique group.

2) Join or Create a Critique Group. I organize the 1000+ member group Raleigh Write to Publish, which hosts dozens of events for local writers every month. In addition to this large group, I also belong to a small “workshop” group that meets every couple of months to knock around one another’s latest works in progress. Not every writer works well in a group like this, but I’ve found the feedback (and accountability) of having a steadily meeting group for the past two years invaluable to improving my work and keeping me on track as a writer.

3) Create or Hire a Designer to Do Your Book Cover. With CLAWS, I worked with a graphic designer friend whom I’ve worked with on two previous book covers. I went to her with the initial concept, the mountain lion eyes embedded in black, and she came up with the font and design. A book cover should explain to a reader in a split second what the book is about; aim for iconic imagery and plan to use your cover in other forms of promotion like press releases and book trailers.

Photobucket

4) Create a book trailer. I designed a book trailer for CLAWS that has received over 100,000 views on YouTube.







While this alone won’t sell a single copy, the name of the game is exposure and if tens of thousands of people are watching you, buddy, that’s exactly what you want to promote your book. The keys to YouTube trailer success is: a) keep it short (mine’s under twenty-five seconds), b) make it shocking and entertaining, c) avoid slickness and pretension. One of the most successful YouTube marketing campaigns in the past two years involved a blender company that did short “Will It Blend?” videos where they tossed cell phones, chunks of wood, children’s toys, etc., into their blender to see what would get destroyed.

5) Blog Tour. Every writer working today can do a blog tour. It costs nothing, yet it gets your book seen by hundreds of people. All you have to do is ask people, agree to help them in some way, and stay organized. I think 30 or more days is essential to have meaningful exposure, but maybe two weeks is all you’ll need. Find your comfort zone and stick to it.

6) Cover blurbs. No matter where you’re at on the publishing totem pole, I guarantee you can find a handful of writers who are better known than you who will endorse your book. Sure, you’ll get the occasional person who claims for “moral reasons” they can’t blurb your book, but it only takes 2-3 good blurbs to convince readers that your book is worth checking out. For every ten rejections, you’re likely to get at least one positive response. So plan accordingly and don’t be shy about sending folks a copy of your book in the mail. It costs a little money to make a little money.

7) Design a website or blog and make it meaningful. I have two websites: staceycochran.com and howtopublishabook.org - the StaceyCochran.com site is where folks can find out info about me and my personal life. You can also see what book I’m currently promoting. The howtopublishabook.org site is where I give back to the community. This site has been visited by people from more than 120 countries around the world, regularly draws a couple thousand so-called “unique visitors” per month, and it’s the place where I post interviews I’ve done with publishing professionals (agents, editors, authors, publicists, etc.). I designed the site around the phrase “How to Publish a Book” and it currently sits atop the Google page rankings for this phrase. A lot of people search this phrase every day on the Internet.

8) Give back and help others. I have built my career on the notion that what others have to say is more important than what I have to say. Through my TV show and through the more than 200 author events I’ve done the past three years, I have tried to give other people the spotlight. Part of this is by necessity but another part of it is that I truly believe that we are all better off by sharing the floor and giving others a chance to succeed. Many writers think that helping others somehow compromises their own chances at success. By and large, these writers never succeed. The more willing you are to help out folks, the more folks will want to help you out.

9) Start a TV Show. In this day and age, anyone can set up a camera in their house, record themselves, and put it on YouTube. If you’ve got a strong Public Access TV station in your town, you may even have access to multi-million dollar equipment. The first year of my TV show I interviewed mostly local self-published authors, but something happened in year two. Word got out to publishers. Since then I’ve interviewed seven #1 New York Times bestselling authors, and it’s gotten my name circulated around every major publishing house in New York. Without a doubt, starting my own TV show (which began with a point-and-click 100-dollar digital camera) has given me the greatest boost of any one single thing I’ve done in my career.

10) Wash, rinse, repeat. If your current book tanks and you only sell a few dozen copies, don’t worry. Go back to the drawing board, write a new book, and try to repeat all of the things you did well, while improving on the things you didn’t do so well. No single attribute will serve you better as a writer than inner drive and persistence. Personally, I think if you’re doing what you do for a purpose larger than yourself this will help to sustain you through the lean years.

Thanks so much, Anthony, for the opportunity to guest blog here today at The Writers Edge. And thanks so much for all that you do for writers in our community.

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Sunday, May 17, 2009

Plot of Thriller Comes True with the "Google Killer."

UPDATE: Stephen Wolfram launched Wolfram/Alpha on Saturday, May 16, 2009. Be sure to visit the site and try it out.

By Anthony S. Policastro

When I finished my thriller, DARK END OF THE SPECTRUM (DEOS), two years ago I never imagined that some of it would come true!

With the reported release of the Wolfram/Alpha search engine this month (May 2009) by its creator Stephen Wolfram, a significant plot element of DEOS will come true.

Like the chip that I imagined in my novel, the Wolfram/Alpha program “draws on the knowledge on the internet, as well as private databases,” according to a May 3 report in London’s The Independent online edition.



“Instead of searching the web for info, Alpha is built around a vast repository of curated data from public and licensed sources. Alpha then organizes and computes this knowledge with the help of sophisticated Natural Language Processing algorithms. Users can ask Alpha any kind of question, which can be constructed just like a Google search (think: ‘hurricane bob’ or ‘carbon steel strength’),” explained a post on April 25 from the blog ReadWriteWeb.

The imaginary chip/program in my novel runs spiders all over the Internet recording and logging the location of specific information. When you ask the chip a question it locates the relevant information and uses algorithms to produce the most correct answer. Only this imaginary chip becomes sentient as it gains more knowledge and within two weeks of its launch has the IQ of a teenager in the novel.

Much of the technology I mention in my novel is based on existing or developing technology that I stretch a bit with literary license to create a dramatic plot and rich characters. Some of the plot elements are based on actual events and plausible scenarios that I uncovered in my research into the hacker culture and its players.

I wrote the book hoping to raise awareness of the real and looming threats in cyberspace. And now, some of those threats are coming to fruition.

One such event was the Conficker Worm attack in April which is also similar to a plot element in DEOS. (See my press release on the Conficker Worm.) The DEOS plot is about an Internet worm that takes over the US power grid and cell phone network, and it cannot be stopped. Does that sound like the Conficker Worm?

I just hope the rest of DARK END OF THE SPECTRUM never comes true.


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Friday, April 24, 2009

Belly-Up

By Richard Curtis

Agents don't like to admit that there are events beyond their control, and I suspect that is why it's hard to write about such contractual matters as forces majeures—acts of God—and bankruptcy. Such events serve only to reaffirm our human frailty and fallibility, our total helplessness before the awful natural and business convulsions that occasionally devastate the microcosmic world of book publishing. How easy it is to deny that they could ever happen or that there is anything we could do about them anyway. I am able to rationalize my omission of these subjects by telling myself that in the course of my career in the book business, I have never seen a publisher invoke fire, flood, strike, hurricane, insurrection, or war as an excuse for delaying or screwing up a book.

Yet, anybody who works in this business long enough knows that sooner or later Murphy's law will clutch us by the throat, and whatever terrible things can happen will, perforce, happen. These tired old eyes have seen booming markets dry up overnight, seemingly omnipotent chief executive officers of great publishing houses fired ignominiously, and corporate acquisitions, mergers, and divestitures undertaken as casually as cards tossed in a low-stakes poker game.

For instance, some years ago, at the very apogee of the gothic novel boom, Avon, the leading publisher of the genre, announced that it was terminating its gothics program. Snap! Just like that. Writers, agents, and Avon's competitors were floored. It was not as if the market had begun to decline. Anybody who wanted to make a small fortune in those days had but to take anything vaguely resembling a gothic formula story and slap on it a cover of a filmily clad girl looking apprehensively over her shoulder at a fog-shrouded mansion with a light burning in one window. We were all the more baffled because it was said that the head of Avon at that time killed the program simply because gothics bored him, which was like the secretary of the treasury announcing that he is bored with the presses that mint money. But that's what happened, and it left the paperback market in chaos and countless writers and agents floundering around on the wilder shores wondering where their livings were going to come from.

Or, take what happened after Harcourt Brace, the trade and textbook publishing giant, acquired Pyramid Books, an independent and minor paperback house that had suddenly found itself on the map with the huge success of John Jakes's Kent Family Chronicles. Harcourt changed Pyramid's name to Jove, replaced most of its staff, and poured millions and millions of dollars into acquisitions and self-promotion in a bid to make it the number one paperback company in the industry. Then, one Monday, the editor in chief and a number of other key editors were given until the end of the day to collect their personal effects and leave the building, and not long afterward Jove was unloaded on what was then MCA's Putnam-Berkley entertainment complex.

The upheavals created by these transactions were so immense that few of us had the experience of dealing with anything remotely like it, and the toll on writers, agents, and the industry at large was incalculable. A lot of authors cried Do something! to their agents, but I can think of scarcely anything an agent might have done to predict or control the situation so that he or she and his or hers would not be adversely affected.

In the modern history of publishing we have witnessed similarly seismic events. In the space of six or seven months during the mid-eighties, for example, the publisher of Bantam replaced the publisher of Pocket Books, then hired the publisher of Berkley, who quit a couple of months later and presently replaced the publisher of Avon, whereupon the editor in chief of Avon left and was replaced by the editor in chief of Pinnacle. The turmoil caused by these churnings cannot be described. Nor can the harm done to authors be mitigated by the efforts of even the most powerful agents in the business. You just stand there, mouth agape, and watch the majestic unfolding of events. Then you come in when the dust has settled and do what you can to pick up the pieces.

And then, also in the mid-eighties, we witnessed the collapse of a paperback publisher. For many years, Pinnacle Books was a marginal paperback house publishing routine genre books. It was then acquired by an investment group and the old management and editorial staff were replaced by a smart and enthusiastic team that expanded the firm's editorial vision, spent money to acquire better authors and properties, and marketed its books shrewdly and aggressively. Within a year or so the results were dramatic. Sales began to soar and Pinnacle was the hot shop in the industry, a genuine major-league contender. But there were serious problems underlying the successes. The company had expanded so explosively that its cash flow couldn't keep up with demand. Furthermore, as was alleged to me by people close to the situation, Pinnacle's parent company had to "borrow" some of Pinnacle's working capital to cover deficits or corporate acquisitions elsewhere in the conglomerate.

For many of us, the first crack in the structure appeared when a number of Pinnacle's checks bounced. As restitution was made shortly thereafter and cash started to flow again, most of us who'd been touched by that chilly wind accepted Pinnacle's reassurances that the situation was temporary and order would soon be restored. In midsummer, however, agents and authors demanding overdue payments were told that there just wasn't any money. By August the crisis had deepened. Key employees quit or were let go. Inquiries yielded a sketchy but frightening picture of Pinnacle's parent company allegedly using the publisher's accounts receivable to pay off corporate obligations that had nothing to do with Pinnacle. By the end of August the disaster was all but complete: Matters were turned over to the firm's attorneys and the last of Pinnacle's staff was forced to abandon ship.

This was a tragic event. When a paperback publisher goes out of business, there is none to replace it. Mass-market publishers are simply too expensive to create easily from scratch. The loss of a competitor is bad for publishing and worse for authors. The fewer publishers there are, the less flexibility there is in prices and terms available to writers. As if they didn't have it bad enough.

The possibility of an actual bankruptcy sent agents and authors scurrying to their contract files to examine the pertinent provisions of their agreements with Pinnacle. Almost all book contracts contain language to the effect that if a publisher goes or is forced into bankruptcy, takes advantage of any bankruptcy statutes, or assigns its assets for the benefit of creditors, the author is entitled to get his rights back automatically. Examination of the boilerplate of Pinnacle's contract confirmed the existence of such a provision. Specifically, Pinnacle's contract stated that:

If (i) a petition in bankruptcy is filed by Publisher or (ii) a petition is filed against Publisher and is finally sustained or (iii) a petition for Arrangement or Reorganization is filed by or against Publisher and an order is entered directing the liquidation of Publisher in bankruptcy, or (iv) if Publisher shall make an assignment for the benefit of creditors, then Author may, at Author's option, terminate this Agreement by written notice and, thereupon, all rights granted herein shall revert to Author.
Well, that was a relief. Although we still weren't sure what would become of any royalties Pinnacle might owe, at least there was no question about the procedure for getting our rights back. All we had to do was wait for an announcement that Pinnacle had filed for bankruptcy (or find out for ourselves by sending a lawyer to federal bankruptcy court, where bankruptcy petitions must be filed). Then we send a notice terminating the contract. Right?

Imagine our shock when we learned that the bankruptcy provision of the Pinnacle contract was unenforceable. And if you can imagine it, try imagining that the bankruptcy provisions of all publishing contracts are unenforceable.

When Pinnacle tanked I consulted with a lawyer friend of mine, Michael A. Gerber, a professor of law at Brooklyn Law School and now Associate Dean there. He had published a book about bankruptcy, and he cited provisions in the federal Bankruptcy Code that invalidate the bankruptcy termination clauses of contracts.

It turns out that book contracts are regarded by Congress as assets comparable to the furniture, typewriters, and light fixtures of a publisher. Section 365(e) (1) of the Code stipulates that an executory contract (that's what you have) may not be terminated just because your publisher goes into bankruptcy. And it doesn't matter whether or not your book has yet been published - it's the contract that counts as an asset.

The reason the law takes this position is that if a company is trying to reorganize in order to work things out with its creditors, as it may do in some bankruptcy cases, its rehabilitation may be hampered if you yank your contracts away. Those contracts are, after all, a key source of potential revenue for a company trying to get back on its feet. Even if a company is not attempting merely to reorganize but is completely liquidating, the law still regards the earning potential of your contracts as an asset to which all creditors have some claim. Thus, you may not get your rights back if the company elects to assume the benefits and obligations called for in your contract. There is some saving grace in all this in that the company cannot keep you dangling interminably. In a Chapter 7 (liquidation) case, the company must decide whether to assume or abandon the contract within sixty days of filing. In a Chapter 11 (reorganization) case, there is no hard-and-fast deadline, but the bankruptcy court may impose one at your request.

So, contrary to the black-and-white language of your publishing contract, if your publisher chooses to take advantage of this provision of the Bankruptcy Code, you're up the creek, at least for a while. Fortunately, few publishers who get into financial trouble go bankrupt because there is usually another publisher waiting in the wings to take it over. A publisher's backlist may continue generating income for anybody who takes it over, and because most creditors of publishing companies (such as a banks, printers, distributors, and the landlord) are incapable of generating income from the publishing of books, sooner or later they will conclude that it makes good financial sense to turn over to a publisher the contracts the creditors control.

That is precisely what happened in Pinnacle's case. Electing not to file for bankruptcy, Pinnacle sent a notice to all interested parties stating that it had signed an agreement in principle with the parent company of Zebra Books (now a division of Kensington Books) to take over the imprint. This meant that Zebra would be able to publish certain Pinnacle books under contract or on the Pinnacle backlist.

Back to their contract files scurried the authors and agents, where they confirmed that Pinnacle, like every other publisher, has provisions in its contract permitting it to assign that contract to anyone of its choosing without the author's permission. Some agents and authors are able to modify that clause in negotiations so that a publisher cannot assign the rights without the author's express permission, but most publishers resist that modification, for the freedom to assign is an extremely important one to them, more important at least than it is to authors, for whom it is seldom a deal-breaker. However, even if your contract prohibits your publisher from assigning your rights without your permission, that prohibition would be invalid in a bankruptcy situation under the Bankruptcy Code, according to Professor Gerber.

Actually, the assignment of your contract to another publisher might be the best thing that can happen to you if you are worried that your books may be tied up for years in bankruptcy litigation or seized by some creditor who doesn't know a copyright from a coffin nail. For one thing, before a publisher can assume or assign a contract, it must pay you any royalties it owes you or at least provide you with assurances that they will be paid. Moreover, if your contract is assigned, at least there is someone you can talk to, someone who will keep your book in print and generate some income for you.

That, however, might not necessarily have been the case if Zebra's original plan for taking Pinnacle over had gone through, for the notice Pinnacle sent out stated that the money Zebra generated for Pinnacle would not be paid directly to authors, but would rather go into an escrow account controlled by Pinnacle and its "secured creditor." A secured creditor is someone who has extended credit that is secured by some kind of collateral. In this case, that secured creditor appears to be the bank to which Pinnacle's owners allegedly pledged the publisher's accounts receivable.

Authors are not secured creditors. If a secured creditor intercepts revenue that otherwise would have flowed to the company and eventually to you the author, then that secured creditor is under no obligation to satisfy the claims of the unsecured ones. Of course, a judge might be most sympathetic to your plea for return of your rights and royalties, for it is clear that an author is a lot more helpless in situations like this than is a bank or a printer. But a judge is under no legal compulsion to grant an author's plea.

At length, no longer capable of fending off its creditors, Pinnacle filed for bankruptcy under the Chapter 11 provisions of the federal bankruptcy law, meaning it was seeking protection by the federal government while it reorganized and formulated a plan to repay its debts and restore business. It took almost two years, from autumn of 1985 through summer of 1987, for the company to get its act together. It did make a deal with Zebra, which proceeded to review the entire Pinnacle list to decide which unpublished manuscripts it would bring out, which backlist books it would reissue, and which properties it would release to the original copyright owners and under what terms it would do so.

As I said at the outset, agents don't like to admit that there are things they are powerless to control, but I must tell you that bankruptcy appears to be one area where little an agent does by way of negotiating contractual language is going to help if your publisher goes belly-up; and once it does, little that an author, agent, or lawyer does will help if the bankrupt firm and its creditors don't want to cooperate with you. My best advice is, first, to move like lightning once you or your agent get the feeling your publisher is in serious trouble, demanding a reversion of your rights and/or settlement of whatever financial obligations the publisher has to you. Put short deadlines on your demands and send official letters stating that owing to failure of your publisher to comply with the terms of his contract with you, you consider that contract canceled. Second, make a horrid pest of yourself in the hope that your publisher will decide life is too short to do combat tooth and nail with a crazy author.

One author did just that in the Pinnacle case and did win his rights back, but at a terrible cost because of the onerous terms of his settlement and the cost of hiring a lawyer - and you will need a lawyer. But if there isn't that much value in your books to begin with, the cost of hiring a lawyer to rescue them may not be justifiable. It's frustrating as hell, maddening in fact, but there you are. And that's just bankruptcy. I haven't even mentioned how helpless we are before acts of God. But I think I'll wait until a tidal wave demolishes Hachette, Random House, or Simon & Schuster before attempting to write about that. Given Murphy's law, you may be reading my remarks about that sooner than you think.


This article was originally written for Locus, The Newspaper of the Science Fiction Field. It's reprinted in This Business of Publishing: An Insider's View of Current Trends and Tactics Copyright © 1998 by Richard Curtis. All Rights Reserved.

Monday, April 20, 2009

Will eBooks Fail?

By Anthony S. Policastro

I was intrigued by Evan Schnittman's new blog Black Plastic Glasses and his post "Why ebooks must fail" because it contradicts what is happening all over the Internet - ebook sites are popping up like weeds.

The miracle grow for ebooks is the launch of the second generation Kindle, the Stanza book reading application for the iPhone and ebooks being the preferred reading format of the younger generations who grew up on computers.

As print book sales have tanked in the past few years partly because young people don't read books anymore because they are on their cell phones, video games, and computers, the ebook has gained in popularity because it can be read on these devices. So what I see happening is an increase in ebook sales as print book sales dwindle.

I think Evan is right that ebook sales cannot sustain the publishing industry as a stand alone only book version and that will never happen because people - the market - will always want a printed book no matter what their age.

But, I don't believe ebooks will fail - they will replace print book sales with real sales, not the virtual sales that publishers have used for the past 100 years. And I say virtual because the bookstores really hadn't purchased the book shipment until they write the check after their 90-day waiting to sell period is over. So the publisher really doesn't know the true sales number until the 90 days are up and as we know it's usually 50% of the original shipment.

So what I see is a paradigm market shift in the format of the content. The older, traditional book market prefers the printed page, while the younger book market prefers the digital version. If anything, the ebook will get the younger generations reading books again - something they do not do because the Internet, video games, and cell phones are more intriguing than the printed word.

I find myself on the computer more than I'm reading a printed book and usually have to remind myself to pick up that novel. I enjoy both digital and printed books.

The challenge facing the publishing industry is to create a business model that will help sustain them in the eBook market. One way could be a combination of print and ebook offerings to capture each market segment. And the eBook segment may just work because its volumes and subsequently its profits will be higher than the print version market.

What do you think?
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Friday, April 17, 2009

What's in a (Big) Name?


By Richard Curtis

Behold the two books I place before you. Both are thrillers by authors whose names are unfamiliar to you. But attached to the one on your left is an endorsement by one of today's bestselling thriller writers. The other has no such recommendation. Which will you be inclined to purchase and read?

The obvious answer to that question formed the eye of a tempest that swept through the publishing industry some years ago, leaving in its path a shattered deal, damaged credibility, and a dazed author and his agent wandering through the rubble seeking something to salvage. The only good to come out of this event is the possibility that the rest of us may learn something from it.

We take for granted that a plug from a star can give an enormous boost to an obscure author or an undistinguished (or even distinguished) book. That is why publishers go to considerable lengths to solicit quotes - commonly called "blurbs" in the publishing industry - by big-name authors for books they are soon to publish. "When 55,000 books are published each year, you are desperate for ways to distinguish your books from everybody else's," a publisher told the New York Times's media reporter. "The right person writing a blurb for the right audience can sometimes make a tremendous difference in sales."

What it was that inspired Peter Lampack, a leading literary agent, to put blurbs on an unsold manuscript, I do not know. But when I read in the newspaper that he had used the ploy to garner over $900,000 in an auction for a first novel, I could have kicked myself for not having thought of it first.

Lampack's strategy was simple but inspired. If he used the blurbs to sell the book to publishers, he would certainly arouse far more interest in the book than in a book supported only by his own enthusiasm. Because enthusiasm is as commonplace among agents as it is among mothers, it is subject to heavy discounting by skeptical publishers. If, however, an author of world-class reputation offers an enthusiastic quote, it all but guarantees that publishers will highly prize the work to which it's attached.

There are two important reasons why a plug from a star would give a big boost to an unsold book by an unknown author. The first is that it validates, for editors, the book's quality. Given the cost of publishing and promoting first novels, editors today are extremely nervous about committing their companies to investing hundreds of thousands or even millions or dollars for them. Not a few would rather pass up a good first book than overpay for it, for many an editorial head has been impaled on the pikestaff of poor judgment. If an author who is a proven moneymaker raves about that book, however - particularly an author seldom given to promoting the work of others - much of the uncertainty about its quality is taken out of the editor's hands. And so is the responsibility, thus freeing the editor to spend the company's money with confidence.

The other reason why an enthusiastic blurb by a star author is of such inestimable value is that it validates the book for the consumer. As the average list price of a hardcover novel is well into the $20.00 range and mass market paperbacks closing in on $10.00, bookstore customers have become more discriminating than ever about what they plunk their money down for. It is likely that they will be inclined to pay that kind of money only for a proven commodity - a book by a brand-name author. If, however, a brand-name author declares adoration for an unheard-of book, and permits a publisher to feature his statement on cover and advertising copy, the publicity value of that plug will overcome consumer reluctance. After all, the next best thing to a book by your favorite bestselling author is a book that your favorite bestselling author loves and recommends. The late publisher Donald Fine stated in that same article that "there's a presumption among marketing people that blurbs are especially important for the sales reps and booksellers." Fine cited the time when he asked bestselling author John D. MacDonald to read galleys of a book by Elmore Leonard, who was at that time considered a midlist mystery writer. MacDonald called Fine and exclaimed, "Who is that guy? He's terrific." Fine asked MacDonald if he could use those very words in advertising for Elmore's books, and the rest is history.

Understanding these psychological principles so well, agent Lampack must have jumped for joy when Derek V. Goodwin, pseudonymous author of a first novel entitled Just Killing Time, furnished him with blurbs by two leading thriller authors, John Le Carré and Joseph Wambaugh. Lampack loved Goodwin's novel, and successfully solicited a quote from a famous client of his own, Clive Cussler. Thus armed with three dynamite blurbs, Lampack put Just Killing Time up for auction, and when the dust settled, Simon & Schuster walked off with the book with a high bid of $920,000.

I had scarcely had time to compose a congratulatory letter to Lampack when the newspapers announced that both Le Carré and Wambaugh had repudiated the blurbs attributed to them, Le Carré characterizing the one written over his name as "straight fraud." After an agonizing week, Simon & Schuster withdrew its offer. "We must be able to rely on the validity of what is submitted to us," stated the president of Simon & Schuster's trade division. The author claimed that he was "completely duped" by whoever it was that had issued the phony blurbs.

My heart went out to my colleague, a first-class agent and a gentleman of the highest character, and I waited breathlessly to see who, if anyone, would come forward to claim the orphaned book. During the month or so that it took for that question to be answered, the debacle set off a fascinating debate: How much was Goodwin's book worth without the quotes?

As I listened to the arguments, I thought of the ancient dispute as to whether a tree that falls in a forest makes a sound if no one is present to hear it. Goodwin's book after the deal fell through was the same one that existed before. The only difference was, two of the three star blurbs had been dropped. So had the price. Simon & Schuster's winning bid had been withdrawn, and it didn't seem likely that the runner-up in the auction, Bantam with $850,000, would stand by its offer. How much was Goodwin's book worth stripped of its glamorous advocates? Even more interesting to me was: How much were the big-name author blurbs worth? I said above that they were of inestimable value, but if you look at it in a certain way, you will realize they can indeed be estimated.

As it turned out, Lampack was able to resell Goodwin's book for approximately a $500,000 advance to Dutton Press/New American Library, a division of Penguin and an underbidder in the original auction. Can it not be argued, then, that the blurbs by Le Carré and Wambaugh were therefore worth $420,000, the difference between what Simon & Schuster would have paid for the book with blurbs and what the new publisher was willing to pay without them? That would mean that Le Carré's and Wambaugh's blurbs could each be valued at $210,000.

It would not surprise me to learn that it had crossed the minds of these distinguished authors, or the minds of their distinguished agents, that there is big money to be earned in selling their endorsements. Movie stars and other celebrities get big bucks for endorsing all sorts of products. Why shouldn't star authors get them for plugging books? Requests for blurbs are an imposition on an author's time, and for a big-name author, time is not just money - it's a lot of money. On those grounds alone, then, it can be argued that an author ought to be compensated for writing a blurb. But more importantly, there is the obvious fact that the author's name helps to sell the merchandise. Robert Ludlum and Stephen King were paid handsomely to star in American Express card commercials; would they have been out of line demanding money to do a "commercial" for someone else's book?

Our instincts rebel against the notion because it seems dishonest—-and our instincts are correct. Unlike commercials undertaken for pay, the author who writes a blurb is assumed to genuinely like the product he or she is promoting. There is thus an aura of sincerity about blurbs that would be fatally tarnished if they were written for pay. Of course, one could be cynical about that sincerity, for it often appears that the blurbing industry operates under the motto, "One hand washes the other." The now-defunct Spy magazine carried a feature called "Logrolling in Our Time," which cited the suspicious frequency with which an author who plugs another's book finds his or her own book praised in return by the pluggee of the first part. In one issue, for instance, after George F. Will called Henry Kissinger's The White House Years "an elegant literary achievement," Kissinger called Will's The Pursuit of Virtue and Other Tory Notions "a delight." Similarly, Barbara Ehrenreich and John Kenneth Galbraith, Richard Ford and Joyce Carol Oates, and Diane Johnson and Francine Prose were shown to be mutual admirers of each other's books.

Such possible abuses notwithstanding, the point is that blurbs are traditionally undertaken as favors, and are therefore a form of barter. And though publishers and agents who request them from their authors don't usually offer specific inducements, the good will generated by a cooperative author inevitably pays off down the road in one tangible way or another. As an editor once said to me, "It's good business to caress the hand that feeds you."

But good will is a fragile value, and the lofty tradition of exchanging favors cannot always be counted on to prevail over the temptations of hard cash. A day may well come when a famous writer will demand a big fee for endorsing someone's book, and a publisher will pay it. Anyone naïve enough to think it can't happen has never attended a baseball card convention, where star ballplayers who used to autograph memorabilia out of the goodness of their hearts now charge hefty fees for their appearances and signatures.

The fact is that just as light is bent by the gravitational pull of celestial stars, our ethics seem to get a little bent by the attraction of human stars. Take for instance what might be termed the "Dead Author's Society," wherein publishers go on issuing works by authors long in their graves. The bylines of such illustrious writers as V. C. Andrews and Cynthia Freeman continued to appear on books long after the passage of their namesakes to the Great Book Expo in the sky. You would be surprised how many fans were under the impression that the authors were still alive, an impression the publishers did not go out of their way to correct. Is this ethical?

I don't particularly deplore the practice, as I'm not sure I see that much difference between books packaged by dead authors and those packaged by living ones - and living ones do it all the time. Whether the spurious books are as good as those created by the original authors is another question, but if most fans never notice the difference, the issue of quality is pretty much beside the point.

In England, it's considered not just unethical but downright illegal for a publisher to issue a book with the byline of a deceased author. Of course, the British have always been a bit dotty about their dead big-name authors. Would you believe they actually enshrine some of them in their cathedrals?


This article was originally written for Locus, The Newspaper of the Science Fiction Field. It's reprinted in This Business of Publishing: An Insider's View of Current Trends and Tactics Copyright © 1998 by Richard Curtis. All Rights Reserved.

Let's Have Lunch!

In republishing some of my older articles I've been struck by how little has changed in the decade or two since they first saw the light of day. In some cases I've scarcely had to change a word. However, I'm afraid that the following piece will not stand the test of time. When you come to the end you'll see why the sacred ritual known as the publishing lunch date may be doomed.
RC
*********************

By Richard Curtis

When the time comes for me to lay down my sword and armor and cross into the Great Beyond after a lifetime of combat with venal publishers, crooked movie producers, treacherous lawyers, and kvetchy authors, it is my fondest hope that the gods will reward me with perpetual publishing luncheons. What fardels would I not bear knowing that such a treat awaited me on the other side! Some agents and editors feel lunches are tedious obligations at best and duck out of them whenever they can. I find them incredibly exciting, frequently dramatic, and always enlightening: I have never come away from one without having learned something useful. And, if everything comes together perfectly, the occasion can be a transcendental experience both culinarily and literarily, a sublime blend of art, commerce, and hedonism.

Most outsiders (such as authors) have a dim or distorted idea of what is involved in publishing lunches. To them, these affairs are as mysterious as royalty statements and discount schedules. So come perch on the right lobe of my brain, which in agents is the segment devoted to luncheon dates, and observe the process from the ringing of the phone (which automatically makes me salivate) to the final, discreet burp.

First, you should know that it is usually the editor who extends the invitation, selects the restaurant, and pays the check. Exactly why that is, I’m not sure, for it is clear that both parties stand to benefit equally from the occasion. (Mind you, I’m not complaining!)

Because it’s the editor who proposes and disposes, any agent who reverses roles and offers to take an editor to lunch is apt to earn many bonus points on the editor’s scorecard. When I worked for my first boss, literary agent Scott Meredith, he never permitted his staff to allow editors to treat them to lunch, I think because it implied a dependency that tarnished the agency’s image. I thought that was great, and I still do, but few agents can afford a steady diet (pardon the pun) of paying for editors, and if letting an editor pick up the tab suggests that the agent is dependent on him – well, in truth he is.

Editorial calendars tend to be filled for weeks and even months ahead with other lunches, editorial meetings, business trips, vacations, conferences, and conventions. So it is by no means unusual for lunch dates to be made far in advance, with the parties exploring dates for fifteen minutes before finding an open one. This practice makes one keenly and often disconcertingly aware of the rapid passage of time. A flip of your calendar, as you and your would-be luncheon partner seek an agreeable date, and you realize that another season has passed, another year. Here it is August, blazingly hot and swelteringly humid, and you are contemplating warm, heavy food, sweaters and furs, and talk of ski trips and Christmas books; in February, as bitter winds whistle past your windowpanes, you set a lunch date for a day when cherry and magnolia blossoms will strew the selfsame streets now carpeted with yard-high snowdrifts. It’s a strange feeling. Red-letter days in the publishing calendar signal another year fled from our lives: “I can’t make it in October, that’s the Frankfurt Book Fair”; “November’s no good, we have sales conference”; “Forget the last week in May – I have to get ready for the BEA convention.” The seasons cycle inexorably and you wax philosophical about the rolling years. Have I achieved anything important? Have I fulfilled my youthful goals? God grant me just one DaVinci Code before He takes me away!

Although your luncheon may be on some absurdly far-off day, the restaurant and precise hour are seldom selected until that very morning. Then, sometime around ten-thirty or eleven, your host or hostess calls you with the traditional phrase, “Are we on for today?” The time and place are then agreed upon. But not always easily. To wit:
“How does Italian sound to you?”
“Had it last night. Mexican?”
“I’m on a diet. There’s a great fish place around the corner from my office.”
“But that’s all the way on the other side of town from me. Well, okay, but can we make it twelve-thirty? I have an author coming up to my office at two.”
“That’s bad for me. I’ll be in a meeting all morning.”
And so it goes.

Sometimes there is more to these negotiations than two busy people trying to find common ground. Nothing serious, just a subtle game of chicken, like waiting till twelve-fifteen before phoning to confirm the lunch date, or jockeying for who is going to come to whose side of town: I am more powerful than you because I made you come to my side of town at an inconvenient hour and eat a cuisine that gives you heartburn.

Occasionally lunch dates are canceled, and canceled at the last minute. The reasons range from “I forgot to mark it in my calendar” to “I have pneumonia.” One morning, after waiting till noon, I phoned an editor to see if we were still on for lunch. “I’m afraid not,” she said. “I was just fired.” I told her I thought that was a very poor excuse for canceling a date and I took her to lunch myself.

As the cancelee of today may be the canceler of tomorrow, we all accept cancellations with a certain degree of equanimity. They can, however, prove frustrating. I can all but guarantee that on the day I don my best suit and most expensive silk tie in anticipation of a Lucullan orgy at a four-star restaurant with an editorial kingpin I’ve been wooing for months, the date will be canceled and I’ll end up glomming a ham and Swiss on rye at my desk – and getting mustard on my tie to boot. Conversely, the days one wears jeans and tee-shirt to the office are inevitably the days one gets an impromptu invitation to Grenouille or Le Cirque.

Your luncheon companions range from the most eminent and powerful editor to the callow rookie who has just been given a title and expense account and told to go meet agents. Some agents, particularly the more prominent ones, disdain invitations from freshman editors. Why waste time with subalterns without clout when you can pick up the phone anytime and get the head of the company? I personally find that attitude shortsighted. New editors are often the most enthusiastic, ambitious, and industrious, best attuned to trends to which the older guard may be oblivious – new music, hot electronic games, rising young film stars, embryonic fads, and so forth. There’s another reason for cultivating young editors: In this turbulent age of musical chairs and sudden upward mobility, the green kid I dine with in March may be a department head in April.

Where you eat is a function of many factors: the age, seniority, and expense account of the editor; location; the amount of time available; dietary considerations; the importance of the host; the importance of the guest; the importance of the business at hand. Obviously, for example, young editors must entertain more modestly than senior ones. Yet many senior editors, having seen the inside of every restaurant in New York City after decades on the luncheon circuit, are just as happy to grab a burger at a coffee shop or munch a sandwich in the park. One of the most memorable lunches I ever had was with Robert Gottlieb, then editor in chief of the distinguished house of Alfred Knopf. It consisted of vanilla yogurt, nuts and raisins, and an orange, eaten in his office – eaten, indeed, on the floor of his office, for every horizontal surface including the couch was covered with manuscripts. Gottlieb had courageously taken himself out of the luncheon game, professing it to be too time-consuming, expensive, and fattening. All of which is true, agents and editors remind each other as they study their menus and debate trading off the appetizer for dessert.

When a senior editor is courting an agent in the hopes of capturing a big-name author, you can expect a Drop Dead, Pull Out All the Stops, No Prisoners Taken luncheon, the kind most authors think occurs every day but which in fact happens quite rarely. Such affairs reverberate in memory till the end of time. I remember one laid on for a major client and myself at the Four Seasons. Every course from the quail egg appetizer to the ethereal flan dessert had been prearranged by our publisher-host. Captains and waiters, obviously tipped off to the preeminence of the guests, attended us with obsequies usually reserved for caliphs and maharajahs. Our host had but to nod and the staff was galvanized into action. And, as the presentation of a check would have been a base intrusion of crass mercantilism into so elevated an occasion, it was never brought out. I assume it was simply forwarded to the publisher’s accounting department for review at some later date.

While sumptuous repasts are certainly incomparably exciting, and the author unaccustomed to “the treatment” may well feed off the memories till he’s old and gray, I am far from convinced that they make much difference in influencing authors and agents. Such feasts seem much more appropriate for celebrating the closing of a major deal than for softening up reluctant objects of a publisher’s affections. Which is not to say they should stop trying.

Authors have a misconception that lunches are the time when deals are made. In my experience most deals are made on the phone; the lunches are devoted more to getting acquainted with editors and their companies. Although I used to feel that some kind of business should be accomplished during lunch or a short time afterward, I’ve come to realize that friendships struck at lunch may not pay off for years. Nevertheless, there is something theatrical about presenting an editor with a manuscript at the luncheon table. I remember one occasion when I brought a bulky manila envelope with me to a restaurant. Throughout lunch, the editor cast intrigued glances at it, and at last, toward dessert, she ran a covetous hand over it. “Is this something for me?”
“Oh Lord, no,” I said with a gulp, realizing I had inadvertently led her on. “These are shirts going back to Bloomingdale’s!”

Another common belief is that publishing lunches are rather boozy affairs. In truth, the dominant beverages for the last ten years or so have been wine, juice and sparkling soda water, and even the hallowed Marys are as apt to be Virgin as Bloody. On occasion, hard liquor is ordered, but sipped in moderation. As for the fabled two-martini lunch, I can truthfully say that in the last decade I can recall only one luncheon companion who ordered martinis, but since he was a confirmed alcoholic, the more he drank the more coherent he became. Because drunkenness is, among other things, a breach of manners (and manners are largely what publishing lunches are all about), editors and agents are extremely careful not to drink too much. I have seldom seen an editor become so much as tipsy at lunch. I wish I could say as much about authors, though in mitigation it must be said that they are usually a little nervous, unaccustomed to banquets on so lavish a scale.

Just what is ordered depends on the circumstances. Almost every editor in town has a diet book on his or her list and is experimenting with its advice. So there has been a distinct trend toward simple, highly nutritious cuisine, even in the elegant watering places where high-rolling publishing potentates hang out – all those places beginning with La and Le and Il. Exotic cuisines are usually avoided unless the editor and agent are old lunching companions and are willing to drop their guards a bit. With them I hit the Mexican, Brazilian, Thai, and Indian joints, drink beer (straight from the bottle) instead of wine, relax protocol and manners, and exchange confidences seldom heard at high table.

Although the agent-guest is encouraged to order anything he wants, if the editor is decidedly junior it is an act of cruelty to order the most expensive items on the menu, but I do know some agents who, if they are mad at a publisher, will take their petty revenge by hitting the company up for a five-course extravaganza with champagne, brandy, and cigars elaborate desserts.

Not all foods are suitable for business luncheons. Though I adore sloppy items like lobster and ribs, it is usually inappropriate to order them, for there is no way one can be cool and nonchalant while sucking the liquid out of a lobster claw or picking a spare rib clean with fingernails and incisors.

Like those in other industries, publishing luncheons have a rhythm and flow that follow Aristotelian dramaturgical principles, from the quiet exposition through the developmental passages and on to the stirring climax. While the talk at the outset is small – the weather, the latest Big Apple catastrophe, your life story, “How I Got into Publishing” – it is seldom unrevealing to one alert for clues to one’s companion’s literary interests, status in the company, industry clout, negotiating skill, and other traits that may prove useful in future intercourse. Above all, there is gossip.

New York trade publishing is a very small town. Although Literary Market Place, the industry’s directory, contains thousands of names, my own short list of key contacts contain no more than three hundred names or so, and anything that happens to one of them is bound to affect my clients’ interests. Promotions, firings, resignations, romances, divorces – all are grist for the agent’s information mill in the perpetual process of assessing who’s got the power, who’s spending money, which way the market’s going, what the next hot trend is.

Thus, in due time talk drifts toward serious business. What good authors and projects is the agent handling? What’s the editor looking for? There is scarcely anything you can say that doesn’t serve as a springboard. The birth of my son inspired luncheon discussions leading to at least three books my agency subsequently developed; let that be a lesson to anyone asking me to produce wallet photos of my family.

Here, then, is what I love best of all about luncheons, for within seconds the conversation can shift from idle chatter to immense profundities, only moments later to shift again to money talk as the parties try to place a dollar value on the ideas under discussion.

Listen:

Agent: Whew! Have you ever seen weather like this?
Editor: This is the third mild winter in a row. Do you think the climate is permanently moderating or something?
Agent: Possibly. This meteorologist I’ve been corresponding with thinks the pollutants in the air are seriously affecting world climate. The planet is overheating. The ice caps are melting.
Editor: Really? This meteorologist – um, is he writing a book perchance?
Agent: Funny you should ask. He’s halfway through one. He’s got great credentials and he’s promotable as hell. Looks a little like Brad Pitt.
Editor: I’d be interested in a book like that.
Agent: Would you be interested one hundred thousand worth?
Editor: Fifty thousand worth, maybe.
Agent: Fifty! The guy’s been on Oprah twice, for crying out loud!

Lunch is over. The editor pantomimes a scribble toward the captain, the time-honored gesture of summoning the check. There is no quarreling. The inviter pays, the invitee says thank you, and that’s usually that.

Goodness, it’s five minutes before three! Got to get back to the office. Loved every minute of it. Let’s do business. Let’s stay in touch. Let’s have lunch again soon!

- Richard Curtis

PS: For a bitter post script to the above article, read Publishing Bigshots Told to Open Canned Tuna, Eat at Desk by Leon Neyfakh

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Let's Have Lunch! was originally written for Locus, The Newspaper of the Science Fiction Field. It's reprinted in How to be Your Own Literary Agent, published by Houghton Mifflin, Copyright © 1983, 1984, 1996, 2003 by Richard Curtis. All Rights Reserved.
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Tuesday, April 7, 2009

Of Taxes and the Writer

By Richard Curtis

Early in April a few years ago I got a call from a client who was preparing his income tax. This author wrote erotic fiction and wanted to know whether he could legitimately claim as a deduction his pharmacological treatment for a little affliction he had contracted in the course of “researching” one of his novels.

I told him I imagined the treatment would probably fall under medical deductions rather than research expenses, but the story does illustrate that even the most untrammeled literary spirits have to pay their obeisance to Uncle Sam sooner or later. With more and more authors incorporating, purchasing expensive computer equipment, seeking shelters for their taxable income, and in general being more businesslike in their approaches to the art and craft of literature, the accountant is becoming as important as the literary agent in guiding the destinies of writers.

The chances of a writer being audited by the Internal Revenue Service are a little better than those of the average working stiff because most writers are freelancers, and taxes on their income are not usually withheld as they are from persons on company payrolls. Thus, even though the odds that anybody will be audited are going down because of staff cutbacks at the IRS, a free-lancer’s tax return may be more provocative than that of someone who works for Boeing or IBM. Your best defense, should the fickle finger of the IRS single you out, is a well-kept set of records, primarily your canceled checks, your receipts, and a journal or ledger recording details of every transaction for which you are claiming a deduction, particularly those for which receipts are not ordinarily given, such as public transportation, certain tips, and the like.

In general, authors are entitled to “write off,” or deduct from taxable income earned from their writing, certain costs incurred in pursuit of that income. Among those costs are agent’s commissions; rental of office space; editorial and secretarial assistance; purchase or lease of computers and other office equipment; office supplies, such as toner cartridges and paper; travel; the cost of entertaining editors, agents, producers, collaborators, and others related to their professional endeavors; and books and other research material.

Naturally, not all expenses are deductible; other expenses may be deducted over a period of years; others are only partially deductible; and still others are deductible only at your peril.
Because of the feast-or-famine nature of the freelance life, you don’t necessarily have to earn money in any given year in order to write off expenses. You may be working on a long-term project and a whole year or more may go by without income. Yet you may still claim the costs incurred that year and deduct them from whatever other income you received, such as interest or stock dividends, your spouse’s income if you’re married and file jointly, and the like. Even if you’re not a professional writer at all but simply a would-be writer who has yet to realize a dime from his work, you may nevertheless write off your expenses for a period of years before these activities come under the definition of hobby, the costs of which are not deductible.

So much for famine. But there’s also tax relief for those who feast. One form of it is the government-sponsored IRA's and other tax shelter plans, which are designed for freelancers and other independent breadwinners who do not earn regular wages. By putting some of your income into such a shelter, you in effect lower the amount of income you claim for that year and pay taxes on it only when you draw that income later in your life, at retirement age, when you will presumably be in a lower tax bracket. Meanwhile, your tax shelter account will be appreciating through interest or dividends or (if you invest the money wisely) through capital gains on investments.

When it comes to taxes, the name of the game is deductions. Let’s talk about some.

Capital purchases. Capital purchases are major items such as machinery and furniture. These might include your personal computer and printer, a desk, photocopier, file cabinets, a fax. The government considers such purchases investments, and because investments are subject to depreciation, you are usually not permitted to deduct their purchase price in full the year you purchased them. Rather, you have to spread the cost out over several years for tax accounting purposes. Thus, if you buy a PC and a printer, you may only be able to “depreciate” them over five years; that is, deduct a portion of the price from your income each year for five years. On the other hand, you may be entitled to an “investment credit,” a direct credit against your tax liability. Investment credits are a form of reward the government gives businesses for buying capital equipment. The principle is that such investments pump money back into our economy and keep it healthy, so investment credits encourage you to buy furniture and equipment.

Straight deductions. Most day-to-day necessities of the writing profession come under this category. Assuming you can furnish receipts, these are fully deductible, and deductible wholly in the year in which you pay them. They include paper and other stationery; pens and pencils, paper clips, rubber bands, and other office supplies; postage; messenger bills; photocopy bills; legal, bookkeeping, and accounting fees; dues and professional organization fees; editorial and secretarial assistance; agent’s commissions and expenses; phone bills; interest on loans; and certain state and local taxes, such as unincorporated business taxes, city rent or occupancy taxes, and the like.

Although many of these costs are indisputably business expenses and are seldom questioned by the IRS as long as you furnish solid documentation, some of them do fall into a gray area where eyebrows might be raised or IRS computers, programmed to seek variations from certain norms, might “flag” the questionable item. Writer’s Digest is a pretty safe magazine subscription to deduct, but Vogue? Sports Illustrated? Well, if you can demonstrate that you wish to write for those markets or that the information they provide applies to a writing project you’re developing, those subscriptions will be arguably legitimate. The same might be said of a television set. If you hope to write for television or consider TV a good source of information for your books, stories, or articles, you may be able to get away with writing off all or some of the cost of the television set.

The gray area gets even grayer with such deductions as travel and entertainment. At what point, if any, a dinner stops being social and starts being professional is often impossible to say, as is the point at which a vacation becomes a business trip. In order to legitimize these deductions, solid documentation is desirable in the form of receipts and canceled checks, a diary or journal, or other written evidence demonstrating intent and purpose. The IRS requires receipts for any claimed business meals of more than $25; for meals costing less (is there such a creature?), no receipt is necessary but a detailed journal entry or other memo is desirable. It should stipulate the date, place, persons involved, business purpose, and price. Home entertainment may be harder to document, since food and drink for business entertainment are often purchased with provisions earmarked for personal use, or food and drink already stocked at home may be used to entertain business guests. But here again, a combination of receipts and memoranda may at least convey to potential auditors the sincerity of your attempts to furnish good documentation. The IRS does assume that a certain percentage of a professional writer’s or freelancer’s income is going to be claimed for entertainment, and within that range it may not raise any questions. But because entertainment deductions are usually among the most inflated found in the average return, any inordinate claims will usually trigger intense curiosity.

The same is true of travel. Business travelers are obliged to document the purpose of their trip and expenses, and even though such trips may in fact be 95 percent play and 5 percent work, orderly records will allow the benefit of the doubt to be given to the claimant. Indeed, no connection between the place visited and the place written about need manifest itself, for who is to say that you did not write a story about Acapulco that was rejected and never published, or that after spending a week in London researching a novel you did not decide to set the book in Paris instead? But there are limits to the government’s credulity. The writer who flies with his family to Miami Beach during Christmas week may have a hard time convincing a gimlet-eyed IRS auditor that it was a research trip.

Probably the most common tax headache for a writer is what to deduct for the office in his home. If you have an office outside your home, you may claim the rent, utility, insurance, and related bills in their entirety. But what if your bedroom doubles as an office or you do your writing on the kitchen table? Until a few years ago, the IRS was liberal in its definition of office space in the home, but it has since become stricter, insisting that a room be set aside specifically and exclusively for professional use. If you have an eight-room home and use one room as an office, you may claim one-eighth of all your house expenses as deductible business expenses.

The telephone is another ambiguous item insofar as personal and professional uses are mingled on the same bill. In such cases you can assign a percentage of the bill to business use and note the long-distance charges for business calls. Perhaps the best way around the problem is to maintain a separate phone for business purposes.

A growing number of writers have become so businesslike about their profession that they have incorporated themselves. What benefits do they hope to derive? Is this something that every writer can or should do?

There are many financial, legal, and other good reasons for individuals to form corporations, but these are not always as clear for writers as they might be for manufacturing or service companies. One major benefit, for instance, is limited liability. With the threat of legal claims perpetually hanging over every writer’s head, what author would not breathe easier knowing that the only assets he’s in jeopardy of losing in a lawsuit are the rather meager ones retained by his corporation?

Unfortunately, it’s nowhere near that simple. The law recognizes how easy it is for wrongdoers to hide behind the cloak of corporate immunity, and thus in the “discovery” process of a trial it may be ruled that the personal assets of the head of a closely held corporation (meaning that only you, or perhaps you and your spouse, hold all the stock) may be vulnerable to a claim.

Furthermore, most publishers signing contracts with incorporated authors require them to furnish written “performance guarantees” that they will honor their contractual obligations and be responsible for the warranty and indemnification clauses of their contracts. After all, a corporation can’t write a book – or, what is more pertinent in this case, it can’t write a libelous, defamatory, obscene, scandalous, or privacy-invading book. Only individuals can do that, so authors must sign a document guaranteeing the contractual obligations of the corporations they own, and vice versa. This so vitiates the limited liability aspect of incorporating as to render it virtually impotent.

There are definite financial advantages for an author to incorporate, but these generally come into play only if that author is making a good deal of money, and making it consistently. Medical insurance can be paid out of before-tax income. A pension plan can be established, enabling you to shelter until retirement far more money than the government currently permits under IRA plans it sponsors. These pension plans usually have life insurance options, meaning that life insurance premiums may be paid out of before-tax income, a distinct advantage over the situation of unincorporated individuals.

There are other benefits, too, but there are also disadvantages. The costs of starting and maintaining a corporation are not inconsiderable, and after you have paid legal and accounting costs, or spent so much time filling out and filing federal, state, and local withholding income tax, corporation tax, unemployment, Social Security, disability, pension, and other papers, you may find that you might have done just as well conducting your business as a plain old unincorporated human being. Besides, if the government feels you’ve established a corporation just to dodge taxes, you could get into trouble and end up paying heavy penalties and interest on back taxes. So before you start thinking about vying with Mobil for a place on the Fortune 500 list, consult your accountant.


This article was originally written for Locus, The Newspaper of the Science Fiction Field. It's reprinted in How to be Your Own Literary Agent, published by Houghton Mifflin, Copyright © 1983, 1984, 1996, 2003 by Richard Curtis. All Rights Reserved.
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The Ten Best Books on Writing

By Paula Margulies

Whenever I find myself in one of those middle-of-the-novel writing funks, I turn to the experts, whose books on how to maneuver through the alternately frustrating and fulfilling maze of fiction-writing line the shelves in my office. Although I've read dozens of them over the years, a select few have made their way to a place of honor on the shelf reserved for those books I refuse to give away. I know that many writers will have other worthy contenders on their lists; these are mine, in reverse order:

10) Writing Down the Bones by Natalie Goldberg
I had trouble picking a tenth book, because there are so many others that deserve to be on this list and aren’t (I considered Burroway’s Writing Fiction, Forster's Aspects of the Novel, Olen Butler's From Where You Dream, DeMarco-Barrett's Pen on Fire, etc.). But this one made the list because it has remained on my shelf for over a decade and its short and simple chapters, aimed mostly at beginning writers, speak truth. From "Beginner’s Mind" to "Rereading and Rewriting," each pithy and instructive section reminds us what we already know. We read Natalie Goldberg and, no matter where we are on our respective writing journeys, we learn.

9) 20 Master Plots and How to Build Them by Ronald B. Tobias
I have returned to this book countless times to remind myself a) that writers have been telling stories for centuries and b) that the best stories have form. The form of a novel can be as simple as a beginning, middle, and end, or it can follow the patterns of quest, revenge, pursuit, maturation, sacrifice, and discovery. Tobias reminds us that though there are hundreds of plot variations out there, a few of those structures have become classics, loved by readers everywhere. It is to those that we aspire.

8) The 38 Most Common Fiction Writing Mistakes (and How to Avoid Them) by Jack M. Bickham
I loved this book from the moment I opened its cover. There’s nothing fancy in Bickham’s style - he grabs us by the neck and instructs us in each direct and wonderful chapter on what we should and shouldn’t do when writing. The chapter "Don’t Warm Up Your Engines" provides one of the best explanations I've read on where a story should start. When Bickham speaks, it behooves us to listen.

7) Zen in the Art of Writing by Ray Bradbury
I heard Ray Bradbury speak one year at the Santa Barbara Writer’s Conference, and I’ll never forget the amazing zeal and spunkiness of this fiction-writing legend. Bradbury brings the same energy and outspokenness to Zen in the Art of Writing as he does to his own classic tales. He describes his early years trying to eke out a living as a young writer with a family and then urges writers to stick to it and to do it with love. "Let the world burn through you," he says. In the Zen world of fiction-writing, Bradbury is a warrior-king.

6) Writing Begins with the Breath: Embodying Your Authentic Voice by Laraine Herring
This is one of my most recent acquisitions, but it quickly found a home on my shelf of favorites. I took it with me on a writing residency and only allowed myself to read one chapter a day, doling them out one-by-one so I could immerse myself in each section’s quiet relevance. The book is divided into three parts: "Focusing the Mind," "The Deep Writing Process," and "Embracing What and Where You Are." Writing Begins with the Breath both illuminates and gently instructs, and the imaginative exercises called "Touchstones" at the end of each chapter make us pause, reflect, and return to this book again and again.

5) Bird by Bird: Some Instructions on the Writing Life by Anne Lamott
What hasn't been said about this book? It's a classic, and Anne Lamott has become a well-deserved fixture on the writing circuit and in composition classrooms all over the world because of this gifted text. As she says in the opening, good writing is about telling the truth and she has done that, taking us from "shitty first drafts" to publication and deftly addressing everything in-between. Honest, inspirational, and very real, Anne Lamott illuminates the writing process in a way that is both accessible and revealing, telling the truth about writing so vividly that reading her words is like coming home.

4) On Writing: A Memoir of the Craft by Stephen King
Who would have thought that a memoir by one of the world's bestselling authors could so expertly define the practical facets of the writing process? In On Writing, Stephen King not only openly and, in some cases with heart-wrenching candor, describes his own experiences as a professional writer struggling with personal demons, but he also shares his passion and knowledge about what makes writing good. My favorite section has to do with revision; in it, King tells the story about a piece of fiction he wrote in high school and submitted to a magazine editor. The editor wrote back: "Not bad, but PUFFY. You need to revise for length. Formula: 2nd Draft = 1st Draft – 10%. Good luck." King says that this piece of advice changed the way he rewrote his fiction "once and forever." Thanks to Stephen King, it has changed ours, too.

3) How to Write a Damn Good Novel by James N. Frey
I lent this book to a member of my writing group, and one of his dogs got to it and chewed through half of the front cover. I have to laugh every time I lift it off the shelf (it gives a whole new meaning to the term "dog-eared"!). But I love this book for its intensity and no-nonsense focus on what makes a novel good. Frey gives the best advice I know on how to create unforgettable characters, infuse a plot with conflict, and write dialogue that sings. I come back to this book often for the solid, sensible advice that fills its pages.

2) The Joy of Writing Sex: A Guide for Fiction Writers by Elizabeth Benedict
I don’t know how this became my number 2 all-time favorite, but perhaps it's because I (ahem) have trouble writing about sex. I use my Catholic upbringing as my excuse; for some reason, I imagine the nuns at my elementary and high schools peering over my shoulder every time I write a love scene. But whether it's my own modesty, or the fear that the intimacy my characters display on the page will reveal more about me than it does them, writing sex scenes - good sex scenes - is really difficult. All of that changed, however, after I found Benedict's book, which provides insight and advice on how to not only make sex scenes convincing, but also how to use them to reveal character and create and/or resolve conflict. Benedict uses wonderful examples from some of the most respected writers to illustrate the dramatic impact of a well-written sex scene. And she addresses it all – married sex, adulterous sex, illicit sex – in a way that is fresh, revealing, and inspiring. So, whenever those nuns appear, I reach for this book and let this classic guide remind me that it's okay for sex to be part of the story.

And, drum roll please…..

1) Writing the Breakout Novel by Donald Maas
My husband bought me this book for Christmas the first year I started writing fiction and it has become my all-time favorite writing guide. I've turned to it so often that the pages are covered with sticky notes, highlighted passages, fingerprints, and coffee stains. The book is designed for mid-list authors looking for a way to move ahead in the industry, but the advice packed within its pages is useful for beginners, as well. For a book to be a breakout success, Maas says, it must have the following: an original premise, high stakes, a strong sense of time and place, and larger-than-life characters. And Maas, a literary agent and author of seventeen novels, knows whereof he speaks. I was fortunate enough to attend one of his seminars, where we used some of the draft exercises that became part of his Writing the Breakout Novel Workbook. Both the original book and the workbook are essential instruments in any writer’s toolkit, but if I was going to be sent to a desert island and could only take one book on writing with me, Writing the Breakout Novel is the one I would pack in my suitcase.
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Paula Margulies is a book publicity and promotions expert in San Diego, California. You can reach her at paula@paulamargulies.com, or visit her website at http://www.paulamargulies.com/.

Saturday, April 4, 2009

Collaborations Part 2

In this second part of our discussion of collaboration, we examine a collaboration agreement and discuss the salient terms:

The first thing is how the money is to be divided when the book is sold. There are countless ways to do this, depending on the project, the amount of money involved, the relative importance of the celebrity and co-author, and many other factors. Let me outline a few scenarios.

• A famous actress is offered a lot of money by a publisher to write her memoirs. Though her story, like any other, requires a certain degree of skill to tell, she and her publisher agree that just about any competent writer will get the job done. They go to a young journalist eager to get his name on a book and offer him a flat fee of $10,000, which to him is a lot of money. They also offer him a “with” or “and” byline on the book, but no participation in royalties, magazine rights, or foreign translation or any other subsidiary rights. He accepts the offer because it’s a good opportunity to break into books, earn some money, and bask in the presence of a legend of stage and screen.

• A young dairymaid is walking through the woods, minding her own business, when there is a tremendous roar and a blinding flash, and next thing she knows she’s in a spaceship being interrogated by little green aliens. They take her to their world for a year, then return her to earth and drop her off in the woods where they picked her up. She immediately runs to a literary agent’s office babbling about what happened to her. Persuaded that her tale is true (agents are suckers for a good story) but realizing she’s going to have a tough time making anybody else believe her, he convinces her to team up with his client the Pulitzer Prize-winning journalist, whose identification with the project will legitimize it in the eyes of his publisher and his public. For that privilege, however, the journalist wants 75 percent of all revenues earned by the book. He also wants the first $25,000 of the publisher’s advance; if his agent is unable to line up a deal for an advance greater than $25,000, the dairymaid will receive nothing until the book earns more. The principle here is that professional writers depend entirely on their writing for a living, whereas their collaborators usually earn a living from some other source (acting, running a business, playing ball, milking cows). Thus the writer’s financial needs must be served first. In no position to argue, the dairymaid agrees to these terms.

• A tycoon who built Fingfang Enterprises from scratch into a multibillion-dollar multinational octopus decides his life would make fascinating reading and goes to an agent, asking him to package his life story. Since the agent is by no means as sure as the industrialist that publishers will fall all over themselves to bid for such a book, he tells the man he’ll have to pay a writer $5000 to spend a month interviewing him, examining news clippings and other documents, and writing an outline. The man will recover his $5000 if and when the book is sold, but if the book isn’t sold he loses his investment. After recouping his $5000, he and the writer will split all income 50-50. The man balks at 50-50: After all, it was his life, and all this writer is doing is putting down what he tells him, right? Wrong, says the agent; there is far more involved in collaborating on a book than merely taking dictation. The man still balks. After all, once the book is out the writer’s contribution ends, but he’s got to go on all those talk shows the publisher is going to send him to. Seeing his point, and realizing that this is the kind of man who isn’t happy unless he thinks he’s gotten a better deal than the other guy, the agent suggests that after the book earns $100,000, the split will go from 50-50 to 75-25 in the mogul’s favor. “Done,” says the man, switching his cigar to his left hand so he can shake the agent’s hand with his right.

As you can see, there is no one way to slice the pie, but there is a kind of guiding principle. In theory, all collaborations should be 50-50 propositions because the subject can’t get his book written without the writer, and the writer doesn’t have a story without the subject. But on many occasions one member of the team turns out to be more important than the other, or feels he’s more important, and an accommodation must be negotiated. When that happens, some tradeoffs may be made on the other terms of the collaboration.

After the question of dividing the proceeds, the thing that concerns writers most is the byline: Will their name appear on the cover of the book, and if so, in what form? With a “with”? With an “and”? In the same-size typeface or smaller? For many writers, the byline is almost as important as the money; for some, it is more so. For that reason, the byline is the commodity most frequently used as barter in negotiating with the subject-author: “I’ll keep my name off the book if I can have one-third of the proceeds instead of the one-quarter you’ve offered me.”
The byline may be worked out in all sorts of ways. Prominent figures often feel that the appearance of a co-author’s name on their books implies that they are not entirely literate. That may be a reasonable assumption for, say, some athletic stars or ex-convicts (though I can think of exceptions), but if it’s the chairman of a conglomerate’s board or a former President of the United States, the appearance of a co-writer on the byline of his book may cause potential buyers to question just how candid or interesting the book will be. Therefore, the principal author may insist that the book be done as a straight ghost job, and recognition of the writer’s contribution restricted to an acknowledgment inside the book. Even here the writer might be able to negotiate a separate acknowledgment on its own page, as opposed to citation in a long list of contributors to the preparation of the manuscript, which reduces the writer’s involvement to the same level as that of the copy editor, typist, and secretary.

For other principals, the issue of the byline is a matter of complete indifference, and indeed, they can be most gracious in according credit to their partners. In still other cases, the co-author’s byline is the more recognizable of the two, almost the raison d’être for the book, and the publisher insists that it appear prominently on the cover and in all advertising.

Related to the byline is the question of whose name the copyright will be taken out in, and this should be stipulated in the collaboration agreement. But generally speaking, if both the subject-author and the collaborator are signatories to the publishing contract, then the book will be copyrighted in both their names, for both are defined as “Author” in that contract even if the co-author’s name does not go on the cover of the book.

Liability is the next matter to be considered. If someone brings a lawsuit against the publisher and authors claiming libel, invasion of privacy, defamation of character, infringement of copyrighted material, or some other grounds, which of the authors is liable? It’s easy to imagine the responsibility going either way. On the one hand, the subject-author might tell his collaborator a story whose veracity the collaborator cannot check and that subsequently triggers a lawsuit. Is the collaborator to blame? On the other hand, suppose the co-author embellishes on something the subject-author told him, or goes to the library and plagiarizes a quotation, or is lazy about checking the accuracy of the principal’s assertions, and a lawsuit ensues. Is the principal author to blame?

If both of them signed the publishing contract, the publisher is not going to try to sort out who is responsible, or more responsible, for the actionable material in the book. Both agreed to the warranty and indemnity clauses in the contract, and both are therefore equally liable for any breaches of those clauses. If, however, the two made some provision in their collaboration agreement about who was responsible for what in the book, then one may be able to recover his legal expenses or damages from the other. If, say, the principal author guaranteed that he would be liable for the truth of any anecdotes, assertions, or opinions and the co-author guaranteed that he’d be liable for the veracity of his research and of his interviews, there’s a chance that the blame for a lawsuit could be clearly assigned to one or the other of the authors. This procedure is known as cross-indemnification: I indemnify you, you indemnify me.
In actuality, it’s extremely difficult to keep sharp the dividing line between the authors’ responsibilities. The co-author is responsible for checking the things the subject-author tells him; the subject- author is responsible for reviewing the research and writing of his collaborator. For safety’s sake, the manuscript should be reviewed by both the authors’ lawyers and the publisher’s.

Another important matter is expenses: How are they defined, and who pays for them? Among the more common expenses in a collaboration are research assistance, the transcription of tape-recorded interviews, picture permissions, legal expenses, and typing. If the collaborators don’t live in the same place, there may be expenses for travel and accommodations and for long-distance phone calls.

The collaborators should agree at the very outset which expenses are legitimate and perhaps fix a ceiling on them. It might, for example, be inappropriate for the co-author to charge for the cost of paper, cassettes, or public transportation to the library for research, as these are usually part of a writer’s costs of doing business. It can work the other way, too. Suppose a famous Hollywood movie director is collaborating with a New York writer and has to come to New York on business. While in New York, he intends to sit down with his collaborator and work on the book, but that’s not the sole purpose of his visit. It would be patently unfair for him to charge his first-class airfare and one week’s lodging at the Regency Hotel to the collaboration.

The expenses are usually laid out by the party incurring them, who then recovers them from the publisher’s advance on acceptance of the manuscript. The burden of expenses is usually divided in proportion to each collaborator’s participation in the proceeds from the book. Thus, if the collaborators are splitting all revenue from the book 50-50, they should split the expenses 50-50, too; if 75-25 in favor of the subject-author, then he should pick up 75 percent of the costs while the co-author assumes 25 percent.

Like the expenses, the duties of the collaborators should be spelled out, though they are usually harder to quantify. The subject-author should agree to make himself available for interviews by the collaborator; to furnish newspaper clippings, diaries and journals, and other written material; and to cooperate with the coauthor in arranging interviews with his friends, family, and business colleagues. The co-author pledges to supplement the principal’s interviews with his own research, which includes checking the veracity of statements and assertions made by the subject-author. The co-author may also stipulate delivery dates of the manuscript to the principal; he may also have to clear permissions for quotations or pictures and to deliver signed permissions or other releases to the subject-author. Other duties and obligations may be specified here: The co-author might have to promise to phone the subject-author every two weeks with a progress report or send him each chapter of the book as it is finished.

It is very important to stipulate approval of the manuscript when you prepare a collaboration agreement. In most cases, the principal is granted sole approval, or sole approval subject to the editorial judgment of the publisher. This seems only fair, for after all it’s his or her book, not the collaborator’s. Yet the collaborator may have some strong objections to the subject-author’s inclusion or exclusion of certain material. So there is sometimes built into the agreement machinery for settling disputes, with the agent or editor or a lawyer being appointed arbiter.
If an agent is involved, there should be language in the collaboration agreement mutually authorizing that agent to act on behalf of both parties in the submission of the manuscript, the negotiation of the book contract, the collection and disbursement of proceeds, and in the exploitation of subsidiary rights, including serial, British and foreign translation, and movie and television. The agent’s commission schedule must be detailed, along with any special provisions concerning him: authorization for him to deduct certain expenses, a time limit on his handling of the project or of subsidiary rights, appointment of him as final arbiter of disputes between collaborators, etc. If there are two agents, as sometimes happens when the principal is represented by one firm and the collaborator by another, the questions of which one will handle the marketing of the manuscript, negotiation, collection of proceeds, and the exploitation of subsidiary rights must be answered.

Finally, there ought to be some provision for the termination of the collaboration in the event of the death or disability of one of the parties, because of failure to perform contractual obligations, or because the collaborators simply don’t get along. If the collaboration does collapse, both authors may owe the publisher a refund or one member of the team may owe the other some money advanced toward the development of the project. Precisely how the accounts are to be settled should be made clear in the agreement between the writing partners. No document can blend two conflicting personalities, which is why I repeat my advice that if you and your collaborator don’t hit it off, break off the relationship before it mires the project in grief if not in a lawsuit. But if the two parties enter the relationship in a spirit of good faith, a well-constructed collaboration agreement will go far toward insuring the success both of the friendship and the book.

- Richard Curtis

This article was originally written for Locus, The Newspaper of the Science Fiction Field. It's reprinted in How to be Your Own Literary Agent, published by Houghton Mifflin, Copyright © 1983, 1984, 1996, 2003 by Richard Curtis. All Rights Reserved.

Thursday, April 2, 2009

Collaborations Part 1

One of the liabilities of being a professional writer is that you attract people who want to collaborate with you. What author has not been collared at a party by a drunk who wants him to write his life story or has this fantastic idea for a novel?

Few such propositions have any commercial value. But from time to time you may meet someone whose story is compelling enough to entice you into collaboration with him. Or your agent may offer you an opportunity to team up with a famous movie or sports star, doctor or astronaut, beauty expert or political figure. If that happens, do you know how collaborations work? How the proceeds are to be divided? Whose byline goes on the cover of the book? Who pays the expenses of flying to Washington or Los Angeles or Hawaii to interview this person or to do research? Whose name goes on the copyright?

As a writer who has collaborated on seven or eight works of fiction and nonfiction and as an agent who has welded together scores of collaborations for clients, I can testify that teaming up with someone on a book can be richly rewarding, elevating, and great fun. It can also turn out to be a nightmare if the parties are ill matched, have unrealistic expectations of each other’s contributions, or fail to spell out their contractual arrangements before getting down to work. Collaborations are complex undertakings because the authors have to please themselves, each other, and their publishers at one and the same time, the literary equivalent of three-dimensional chess. Let's discuss how to enter into a collaboration with your eyes wide open.

For openers one might ask, Why collaborate at all? Collaborations often sound like twice the headaches for half the money, and sometimes that turns out to be the case. But the opposite may also be true: You can end up making more money than you can writing solo, doing less work and turning out a better book. Collaborations can broaden experience, create new areas of expertise, and open up markets for a writer’s work. They are also refreshing changes of pace from the isolated, solitary nature of freelance writing. Indeed, some writers thrive on the stimulus of another mind and a second pair of hands, preferring collaborations to writing alone.
In my collaborations on a number of novels, I found that my co-authors’ contributions made for much more rounded characters and plots than I could ever have produced on my own.

What kinds of book projects and co-authors lend themselves best to collaborations? The most obvious is the autobiography of a celebrity, movie or sports star, television personality or famous politician who feels (or is persuaded by a publisher or agent) that his or her story would make compelling reading for a large audience. There are other well-known people – business leaders, scientists, and psychologists, for example – who want to expound on a subject they know well: to comment on the decline of American business initiative, the dangers of nuclear armament, the threat of Latin American insurgency, the fragmentation of family life. Then there is the person suddenly vaulted into the limelight, in whom the public becomes interested overnight: a released political hostage, a captured notorious criminal, a dedicated crusader whose cause is at last taken up by the majority. There are also the obscure people who have a great tale to tell if only someone could help them publicize it with a book: the valet-housekeeper-butler-nanny-secretary of some great household who is prepared to reveal the intimacies of the master or mistress; the victim of some affliction whose bravery in the face of acute suffering will inspire those in similar circumstances; the dedicated crusader whose cause has not yet been taken up by the majority.

Finally, there is the common case of two writers whose strengths and weaknesses complement each other: One is good at plotting, the other at narrative; he writes better male characters, she better female ones; one hates research but loves to interview people, the other can sit in a library all day but won’t hold a microphone in someone’s face and ask a lot of personal questions.

These people have one thing in common: a story to tell but insufficient time, talent, or energy to tell it without help. That’s where the collaborator comes in. But collaborations, like any other genre, are an art form, and not all writers are constituted to handle them well. Their personalities, views, and working habits must blend with the subject-author’s, and considerable tolerance on both sides is therefore necessary. The principal author may be difficult, demanding, extremely busy, and excessively vain. He may be so close to his own story that he insists on stressing the dullest aspects of it and glossing over the most intriguing and exciting. He may respond with dismay and even horror to the picture his collaborator has created, even though every word of the book has been taken verbatim from tape recordings. Collaborations are often mirrors that reflect what one doesn’t want to see.

Co-authors, too, may be poorly matched to the people they’ve been hired to write books with. They can be headstrong, insensitive, and impatient, unused to working with and deferring to another person. The principal author may feel that his collaborator is “writing his own book,” subordinating the essential material to the collaborator’s own vision, content, or style. Bad collaborations, then, are like houses built by warring contractors: The seams are poorly joined, the materials don’t match, the style confused and uninspired. If you have misgivings about your writing partner, drop the collaboration before it goes too far.

How are collaborations put together? Do they start with the principal? The writer? The publisher? The agent? Sometimes it’s one of these, sometimes another. Often it depends on how well known the principal author is. For instance, if he is a celebrity, the chances are that he will be pursued by a publisher. Once he has committed himself to doing a book, finding a collaborator is relatively easy. Sometimes the celebrity initiates the search for a publisher, perhaps because he has decided to go public with his life story or because he wishes to promote his career or practice or views. Here again, it’s relatively easy to assemble a collaborative deal, for the publisher is virtually sold on the book and doesn’t require convincing. The publisher can make a commitment with little prompting, assess the book’s value and sales potential, and work the collaborator’s fees into the project budget. Unless the celebrity already has a co-author, the publisher will usually contact literary agents and negotiate with them for their clients’ services as collaborators – assuming the subject-author and the collaborator hit it off together.

If the principal author is not a celebrity, however, it is much harder to find a collaborator, for a great deal of development must be done to interest publishers and make them feel the story is worth investing in. A writer must be found who is willing to sit down with the principal, interview him or her, and write an outline for prospective publishers. That in itself is no easy feat, for professional writers like to be paid for their time, and because in this case there is no guaranteed publication deal, the writer must do all this preparatory work on speculation. Of course, if the subject-author has money, he can be asked to pay for his collaborator’s time during the development period, usually on the condition that the first monies collected from a publishing deal go to reimburse the principal author. But if the latter cannot pay, the project could die right then and there unless the writer is so wildly enthusiastic about the book’s potential that he considers his time a good investment.

There is another way, and that’s for the principal author to interest a big-name writer in collaborating with him. For the big-name writer is a celebrity himself; presumably he has a following that will buy and read any book he sets his hand to. If this writer is enthusiastic about a story, however obscure, that’s often good enough for his publisher and a deal will be struck requiring relatively little presentation. But – famous writers are approached every day of the week by people who feel their story will make bestselling reading if only some big-name author will work with them on it. In short, if it’s not one helluva story, it had better be one helluva celebrity, or one helluva writer, writing it. (Or, I might add, one helluva literary agent selling it.)

What are the contractual arrangements in a collaboration? Well, when you talk about contracts, bear in mind that there are two kinds in a collaboration. One is the publishing contract; the other is the collaboration agreement. Depending on the nature of the project, sometimes the former comes first, sometimes the latter. If the book is already sold – a celebrity autobiography, say – the first contract drawn up would be the one with the publisher. Thereafter, when a co-author is found, a collaboration agreement would be drafted. But if the book requires the celebrity and the writer to spend several weeks together to work up a presentation for publishers, then the collaboration agreement would be the first document drawn up, the publishing agreement coming later when the book is sold.

Sometimes the terms of the collaboration can be worked into the publishing agreement, but I recommend a separate collaboration agreement because things often need to be worked out between collaborators that aren’t covered in publishing agreements. Publishing agreements define the collaborators’ joint obligation to their publisher, but they don’t define their obligations to each other.

In Part 2 of this article, we'll take a collaboration agreement apart.

Richard Curtis

This article was originally written for Locus, The Newspaper of the Science Fiction Field. It's reprinted in How to be Your Own Literary Agent, published by Houghton Mifflin, Copyright © 1983, 1984, 1996, 2003 by Richard Curtis. All Rights Reserved.

Monday, March 30, 2009

What’s a Hook? The Art of the Pitch

New York Times Bestselling mystery/thriller author Joe Finder was gracious enough to let us reprint his blog post here on the art of the pitch.

By Joseph Finder

This is the text of my March Writing Tips newsletter, which just went out. If you'd like to subscribe, you can do so here.

My Hollywood agent brought me out to L.A. not long ago to pitch a couple of Big Shot TV producers on an idea for a show they wanted me to create. I figured, why not? I flew out there and got into the meeting with Big Shot Producer #1, wearing my expensive jeans, and started telling him about my idea, the same way I’d tell my editor or my agent.

About five minutes into my spiel he cut me off and said, “Excuse me. No offense, but you’ve never pitched before, have you?”

I confessed I hadn’t, as if I had to say anything. I don’t pitch. I write.

He said, “I can tell. That’s not how you do it. Why don’t you come back in after you meet with the other producers and pitch it again?”

You might think that I’d be embarrassed or annoyed, but the truth is, I appreciated his honesty and respected the guy all the more for it.

Pitching is a specialized skill that has very little to do with whether you can write. But in Hollywood, the pitch is the currency. If you can’t pitch your idea, no one’s buying.

Why should novelists care about the art of the pitch in Hollywood? Because being able to pitch a movie, or a TV show, is the same skill as being able to come up with the “hook,” the “what-if,” the premise of that novel you’re writing. Or that script.

Put it another way: you’re in an elevator with one of the most powerful book agents in New York (or wherever), and you have ten seconds to pitch your novel to her so that she’ll actually want to read it. Can you do it?

Bet you can’t.

Maybe you’re thinking, “Who cares? I’m not going to ever get into an elevator with a powerful agent, and if I did, I’d probably freeze up anyway.” Maybe. But odds are, at some point you will have to e-mail or snail-mail a pitch in the form of a letter or a note.

“So what’s it about?” a friend asks you. You say, um, er, well . . .

Summarizing your story in a sentence or two is one of the hardest things to do, whether you’ve published ten books or none. Don’t forget, we established writers have to pitch our books too, when we’re interviewed on TV or radio. It’s not easy. But it’s essential, and not just to sell a book. I’m convinced that if you can’t “pitch” it in a sentence, you don’t have the story figured out yet. Simple as that.

Years ago, when I was struggling through the first draft of The Moscow Club, I had lunch with an editor. “What’s your ‘What If?’” he asked.

I had no idea. My “What If”? I’d never thought in those terms. But he was right; every book starts with a question that, in the end, it answers. Call it a Hook, call it a donnée, call it a premise. It’s the thing that sucks the reader in and makes him or her want to know what happens next.

Now, a confession: I’ve been writing thrillers for over 20 years, and I still get confused about the difference between a “hook” and a premise. Is a hook the thing that starts the book and grabs you by the lapel and makes you want keep reading? Or is it the concept of the entire book — a definition that veers dangerously into the Hollywood notion of “high concept”?

I’ve done some thinking, and here’s my answer. “High concept” is an unjustly maligned term meaning a story idea that can be easily grasped both by studio execs and by audiences. But a warning: just because you can pitch it in a sentence doesn’t make it High Concept. No — it has to be extremely appealing and commercial, not just succinct. It’s got to have wide, instant commercial appeal.

Yet if a story is all high concept with no follow-through, it’s little more than a gimmick. Take “Snakes On a Plane” — you get what it’s about instantly. You may even want to watch it. But it’s not a good movie. It’s all wind-up, little delivery.

Don’t get me wrong; there’s nothing wrong with a “high concept” thriller. In fact, if you have a high concept, that makes it even easier to sell. Take The Bourne Identity, for example. What if a man with amnesia has forgotten he’s the world’s most dangerous assassin? That concept boosted Bob Ludlum’s already large readership hugely, based on the premise alone. And it’s a great one. A couple more great high-concept thrillers: Michael Crichton’s Jurassic Park: “What if scientists could clone dinosaurs from prehistoric mosquito blood trapped in amber?” Or John Grisham’s The Firm: “What if a high-end law firm turned out to be a Mafia front?

High concept isn’t necessarily cheesy at all — Shakespeare’s Romeo and Juliet, anyone? It’s all about how well it’s executed. Scott Turow’s Presumed Innocent (prosecutor is accused of the murder of his lover, and he’s the first-person narrator) is high-concept to be sure, but beautifully written and brilliantly plotted.

A hook, on the other hand, is the opening gambit that reels you in -- like a fish-hook. Harlan Coben is a master of the hook. (Dan Brown says so.) Tell No One, for instance — a guy gets an e-mail message from his dead girlfriend, who may or may not be dead. I’m there. The book spirals on from there, but that’s the set-up, the premise that grabs you at the outset.

A fishing hook needs bait and a fisherman, though, and a writing hook needs a story. An unusual situation, however intriguing, is not a story. “A family digs a swimming pool in the backyard, and finds a buried time capsule” is a great premise for a novel – but what happens next? “A family’s discovery of a time capsule buried in their backyard makes them the targets of government agents from every country in the world” — that’s a story hook, because now we know that the time capsule sets a chain of events in motion. (Hey, I just made that up, but I like it!)

So, the moral of the story: if you have a high concept for a novel, great. But you don’t need one. At the very least you want a great “what if,” a hook that grabs the reader in the beginning and makes him or her want to keep reading.

In any case, you do want your story to have a simple, easily expressible premise, and until you know how to articulate it, the odds are you haven’t figured it out yourself.
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Saturday, March 28, 2009

By Anthony S. Policastro

I started a new blog about what every author should know about online marketing and then some called THE DOG IS CHASING GHOSTS. Take a look. I think you will find it entertaining and useful.

Every so often, our labradoodle, Nickie, will confidently stare into a corner of a room with no windows and bark repeately for several minutes."What is the dog barking at?" my wife would ask.

"Ghosts. I think the dog is chasing ghosts." I say.

She raises her eyebrows and her face says, "maybe," and the dog stops barking and we go about doing whatever it was we were doing.

Whether my dog is barking at ghosts or not, something is there, something triggered the keen senses of the my pet whether it was a sound, a smell or a noise.

The Internet is similar in that of all the millions of users out there, you can't see them or touch them, but you know they are there.

Anthony S. Policastro, The Dog is Chasing Ghosts, Mar 2009

Tuesday, March 24, 2009

First Impressions

By Paula Margulies

As a book publicist and an avid reader, my first word of advice to anyone who contacts me regarding my services is to write the best book s/he possibly can. I am sent books by hundreds of people looking for promotional help, but since I only handle two or three clients at a time, I tend to be choosy about who I agree to represent.

Judging writing is a subjective art, and I try to be fair with every book I receive. Instead of asking whether or not I love the book (something I've heard a few agents say they must feel before they take on a client), I ask myself, Can I sell it? This is a bit of a different question - my concern is not whether the book is great fiction or non-fiction, but more whether booksellers, reporters, and media producers will be interested in it when I call to give them a pitch.

Even so, if a book is poorly written or riddled with typos and grammatical errors, it isn't likely that I'll be able to place it anywhere, even if it has a great topic. Likewise if the title is off-putting or the cover art is somehow wrong for the book or its audience. A young adult novel, for example, with a Goth title and violent cover art may fly with the kids it’s designed to reach, but it won’t get past librarians or teachers who are the gatekeepers that decide whether or not a YA author can appear at a library or school.

Every writer should have multiple pairs of eyes on a book before it goes to an agent, editor, or publicist. Best case, authors should revise and rewrite with a high-caliber writing group. After rounds of testing with other authors, the book should then go through a good edit, hopefully with a professional editor, but if that's not possible, then with a trusted friend or another experienced writer or teacher who can help spot typos, grammatical issues, and flaws in the storyline.

I'm seeing more self-published work lately and many of those books, though interesting and decently written, have not had an agent or editor to help with the conceptual issues and editorial corrections that most books need. Although it's tough to get an agent these days, and even tougher to be published by a larger press, the value those entities bring to an author’s work is immeasurable. I know this from experience - my first agent worked with me for four months on my debut novel before shopping it to publishing houses, offering input on what was missing and urging me to write seven new scenes for the book. Some agents give thorough critiques and mark-ups of manuscripts; others will work with authors for months, or even years, making certain that a book is the best it can be before it reaches an editor at a publishing house.

And editors, despite being over-worked and beleaguered by cut-backs and mergers, will put their own spin on a text. Some do more than others but, in most cases, a book will have gone through many rounds of revision and polishing before it hits the market if published by a larger house or even a diligent small press.

Can an author with a self-published book get the same quality end product without an agent and editor? Certainly, although the onus will be on the author to provide editorial and packaging resources for himself, which can be expensive and/or time-consuming. Many authors, in their hurry to get their books out, forego these steps and, sadly, the books don’t sell.

The bottom line is that self-published or not, if you want your book to be well-received by booksellers and the media, you must take the time to carefully edit, polish, and package it well.
__________
Paula Margulies is a book publicity and promotions expert in San Diego, California. You can reach her at paula@paulamargulies.com, or visit her website at www.paulamargulies.com.
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Sunday, March 22, 2009

Editors: The New Disenfranchised

By Richard Curtis

Many of the pieces published in this column originally appeared in the 1980s or 1990s but have undergone revision to make them timely for today's reader. When I selected this 23-year-old essay I considered updating it, but as I reread it I was struck by its relevance to today's conditions. I've therefore decided to present it as originally published.

Just one background note. Up until the mid-1980s, hardcover publishers usually sold reprint rights to outside paperback publishers. But when both hardcover and paperback houses realized the advantages of merging the two formats under one roof, there was a spate of mergers and acquisitions, laying the foundation for the "hard-soft" publication deal that is the backbone of almost all book acquisitions today.
RC


I've always liked editors but I never used to feel sorry for them. That changed when the acquisition of Doubleday was announced.

Until then, whenever I heard that a publisher had been acquired by some sprawling conglomerate, or merged with another publisher, or had simply given up the ghost and shut its doors, my first thought had always been, This is bad for authors. The displacement, the disruption, the disarray caused by these corporate earthquakes have been nothing short of calamitous. The publishing landscape of the past thirty-five years is littered with ruined books beyond counting and haunted by the shades of authors whose careers have been maimed and prematurely terminated.

But in the tumultuous last week of September 1986, when deals were concluded for the acquisition of Doubleday and New American Library, my first thought was, How terrible this all must be for editors. I spoke to a great many of them after the deals were announced, and I can assure you that few were not anxious and disturbed, if not downright scared. It had finally dawned on editors everywhere that there was no longer any such thing as job security at a publishing company.

What happened to Doubleday was a harbinger of things to come, for, as long as most publishing people could remember, the firm had symbolized bedrock stability— - a fortress impervious to the corporate wars that left almost none of her sister-houses unaltered. If anything, Doubleday had bolstered its foundations some years before with the acquisition of Dell Publishing Company, a major paperback house. After the acquisition, the shadow of change darkened the desks of everyone who worked in publishing, and anxiety lurked in every corridor. "Every time my boss buzzes," one editor told me, "I say to myself, 'That's it. They're letting my department go.'" This constant knot in the stomach exists for workers in every area of publishing, including sales, marketing, accounting, publicity, and art.

That the deals were good for the buyers and sellers, few observers question, although there are some aspects that could tarnish the splendor of the prizes. Doubleday's book division had been losing money for some years, owing in good measure (in my opinion at least) to its failure to adjust to the revolutionary change in the nature of our business that made the so-called hard-soft publishers the predominant beasts in the jungle. Indeed, one of the few divisions of Doubleday that was operating in the black, other than the New York Mets baseball team (which they subsequently shed), was Delacorte Press, which had always acquired hardcover and paperback rights together. At the time of the acquisition, Doubleday seldom, if ever, acquired books for its Dell paperback line. Nor did it bend in its rigid refusal to give authors a greater share of paperback reprint revenue than the traditional fifty-fifty split, something that other hardcover houses had yielded to in order to gain competitive parity when bidding for properties against hard-soft houses.

Bertelsmann, the German publishing group that acquired Doubleday, also owns Bantam Books, which controls the largest share of the paperback market of any American publisher. The addition of Dell potentially eliminated one competitor from the already shrunken list of paperback firms, and swelled Bantam's market share to a size that some observers thought might attract the attention of Justice Department trustbusters. It didn't, however: monopoly in publishing doesn't yet seem to be very interesting to our government. But a lot of Dell editors braced for pink slips. "I've got my résumés out," one editor told me. "When the other shoe drops, I'll be ready."

If you stood back and simply admired the deal, Viking Penguin's acquisition of New American Library was an excellent one all around. A few years before, Viking had united with England's paperback giant Penguin in order to give both companies stronger hard-soft capability in the United States. But Penguin lacked entry into the critical wholesale paperback market. And so, New American Library, which had been bought by an investment group a few years earlier, was seen as a perfect place for Penguin to enter that market. And Viking would, it was thought, be able to play hard-soft ball in the major leagues.

Ten years later, Penguin's parent company, Pearson Ltd., acquired the Putnam and Berkley groups, and though (at this writing) the various imprints are functioning separately from one another, anyone who has worked in publishing in the last decades of the twentieth century has seen what happens when corporate executives look at their holdings and ask, "Why do we need four companies competing for the same books? Let's eliminate some of them." And poof! Another competitor gone, and more editors canned while the Justice Department sleeps.

Job anxiety had infected the thinking of editors throughout the history of postwar publishing. But because many of you may be too young to have lived through the turmoil of acquisitions, mergers, overhaulings, phaseouts, reorganizations, disassemblies, and absorptions, or for those in the publishing business who are too close to daily affairs to step back and see the carnage through a panoramic lens, let me recite a partial roll call of companies that are no more, or are now just divisions or imprints of the companies that consumed them.

Appleton-Century-Crofts (a division of Prentice-Hall)
Prentice-Hall (acquired by Simon & Schuster)
Simon & Schuster (acquired by Viacom Corporation)
Atheneum (acquired by Charles Scribner)
Charles Scribner (acquired by Macmillan)
Macmillan (acquired by Simon & Schuster)
Little, Brown (acquired by Time Inc.)
Warner Paperback (merged with Little, Brown)
Avon Books (acquired by the Hearst Corporation)
Arbor House (acquired by the Hearst Corporation)
Fawcett Books (acquired by Ballantine Books)
Ballantine Books (acquired by Random House)
Times Books (acquired by Random House)
Pantheon Press (acquired by Random House)
Alfred A. Knopf (acquired by Random House)
Random House (acquired from RCA by the Newhouse
organization)*
Bantam Books (acquired by the Bertelsmann Group)
Doubleday (acquired by the Bertelsmann Group)
Dell Books (acquired by the Bertelsmann Group)
Basic Books (acquired by Harper & Row, then deacquisitioned)
Crowell (acquired by Harper & Row)
Abelard-Schuman (acquired by Harper & Row)
Harper & Row (acquired by Rupert Murdoch's NewsAmerica
Corporation)
Playboy Press (acquired by Berkley Books)
Ace Books (acquired by Grosset & Dunlap)
Grosset & Dunlap (acquired by Berkley Books)
Berkley Books (acquired by G. P. Putnam's)
G. P. Putnam's (acquired by MCA, sold to Matsushita, then to
Seagram, then to Pearson Ltd.)
Pyramid Books (acquired by Harcourt Brace, renamed Jove)
Jove (acquired by Berkley)
Coward-McCann-Geoghegan (acquired by Putnam, then dissolved)
Dial Press (acquired by Dell, sold to Dutton)
Dutton (acquired by Elsevier, sold to JSD, sold to NAL)
NAL (sold by Times-Mirror to Odyssey Group, resold to Viking,
merged with Penguin)
Rawson, Wade (acquired by Macmillan)
Silhouette Books (acquired by Harlequin from Simon & Schuster)

This partial list is drawn from a thumb-through of Literary Market Place, the publishing industry's directory, and I could certainly go on and on. Taken as a whole, the list represents a pattern of seismic instability so severe that if I were an editor today I would strap myself into my chair just to get some work done.

Publishing is a social enterprise that calls for a large degree of organization, hierarchy, and interdependency, and so, by the very nature of what they do, editors are corporate creatures. It stands to reason, then, that the more attention an editor must devote to matters corporate instead of editorial, the weaker will be his or her attachment to books and authors. The emergence of the superpublisher in our century, a corporate entity whose goals only incidentally have anything to do with the quality of literature and the well-being of authors, has impinged to a greater and greater extent on the time, energy, thought, and care that editors are able to give over to books and those who write them, and as you will infer from the list above, the last couple of decades have raised the level of distraction to critical mass.

The most obvious, as well as detrimental, manifestation of this shift of editors' attention is job-hopping. As their love of books and authors is battered by all the firings and hirings, reorganizations, streamlinings, office politics, shuffling of responsibilities, and the buying and selling of the companies they work for, editors feel fewer compunctions about accepting job offers from other publishers. It's hard to feel company loyalty when corporate logos change with the frequency of automobile styles. Low wages have always prevailed in the editorial profession, but higher pay is not in itself a compelling lure for an editor contemplating a move to another company, unless it is coupled with a promise of greater job satisfaction. But if an editor is not getting such satisfaction, he's going to think a lot about his salary. It behooves us to think about how a $35,000 a year editor must feel when he listens to the complaints of authors making many times that amount. "Few of my authors make less money than I do," an editor told me, "and none makes less than my assistant."

The vicious cycle is accelerated as more and more editors, looking out for Number One, jump to other publishers or leave publishing altogether for more lucrative, satisfying, and stable jobs. Even those remaining in publishing find themselves burdened with corporate responsibilities that take them away from what they love most dearly to do - acquire and edit books. Thus, the industry eventually becomes bereft of dedicated editors, and the vacuum is too often filled by people who are more adept at playing corporate games than at developing writers.

In turn, such people place more and more emphasis on buying winners instead of breeding them: acquisition without cultivation. Less and less attention is paid to developing writers; instead, everyone asks how much it will cost to buy and sell them. The publisher that proves itself most capable of acquiring will become the most successful. But the price is dear: When authors are deprived of the time to grow, creativity will be snuffed out. It's as true of literature as it is of agriculture or forestry.

The cycle spins yet faster and higher as other publishers try to emulate the successful ones. Abandoning the philosophy, the tradition, the taste and judgment, and the people that got them where they were, these houses join the chase to try to capture frontlist hits. Even when they snag them, however, they lose a little bit more of their character if not their soul.

The soul of a publishing company is its editors, and when a publishing company alters its fundamental attitudes about books and authors, the sensibilities of its editors must, of necessity, change as well. With promotions and increased corporate responsibilities comes loss of contact with the intimate places in an author's heart where literature is born.

The rest of the editorial staff, as well as the staffs of the other departments that fuel publishing companies, carry on as best they can in the midst of this furious turbulence, but they do so in a constant state of apprehension. How difficult it must be to concentrate, to plan, to pay attention to the work at hand, when upheaval is only one announcement (or even one rumor) away.
Editors today have more in common with authors than they do with the publishing companies that employ them. Both are disenfranchised, and both have become fodder for the relentless march of the takeover.

Post-script: In 1998, as I was reviewing the proofs for the book in which this essay appeared, it was announced that Bertelsmann, owner of Bantam-Doubleday-Dell, had acquired Random House, a company that embraces Alfred A. Knopf, Ballantine Books, Crown Publishers, Del Rey Books, Fawcett Books, Pantheon Press, Schocken Books, Times Books, Villard House and several other publishers.

That was over ten years ago, and the list of mergers and acquisitions since then is easily as long as the one above. And so is the list of the disenfranchised.


This article was originally written for Locus, The Newspaper of the Science Fiction Field. It's reprinted in This Business of Publishing: An Insider's View of Current Trends and Tactics Copyright © 1998 by Richard Curtis. All Rights Reserved.
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Thursday, March 19, 2009

Post Your Book on Amazon's Kindle, but Promote It

By Anthony S. Policastro


If you have written a book, you can now post it on Amazon's Kindle eBook reader for free. A simple four-step process is all it takes and within 12 to 72 hours your book will be on the Kindle right next to James Patterson, John Grisham, and other literary luminaries.


Amazon's Digital Text Platform allows anyone to post a book if you have never published before with or without an ISBN number. Amazon will assign your book its own tracking number called an ASIN number.


The best part of listing your book with the Kindle is that you are free to set your own price and Amazon will give you 35 percent of your sale price even if they discount the price on their site. I listed my thriller,Dark End of the Spectrum, for $5.99 and Amazon discounted it to $4.79. Amazon will still pay me 35 percent of the $5.99.


The other great feature is that your book can be found globally on Amazon.com. Just put in your name or title in the search field and your book will come up just as if you searched for Nicholas Sparks or War and Peace.


While Amazon has not released the number of Kindle owners, another advantage to listing is that people who purchased the $359 Kindle are avid readers so you have a devoted, captive audience. But don't get excited yet, the hard part is promoting your book.


With more than 240,000 titles on the Kindle and growing every hour, your book might as well be a grain of sand on the California coast. The Kindle does not list new releases as a separate category and ranks books by their sales on Kindle. When you go to the book list the current best sellers come up first. I listed my book in the suspense and thrillers category and soon learned my title was among 2,420 listed there. The other disadvantage is that you cannot go to the last page of the listing on the Kindle nor can you see titles listed by publication date.


You can search Kindle books on Amazon.com by category, price, publication date, customer reviews and bestsellers, but you will not find your book easily. I searched my title by category and publication date – the most common search metrics among readers looking for a new book and found the dates out of sequence and a large number of advanced releases in front of my publication date.


The other search method is by the search tags you assign your book, but this too is daunting since the search will pull up thousands of titles with the same tags. The best thing to do is put your name in as a search tag. This will filter out just your books.

Despite these drawbacks, it is better to list your book on the Kindle format. I've had some sales with little or not promotion. So get the word out.

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