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Show us the money
08.01.10
The late Stephen Jay Gould mooted a theory of evolution that he termed “punctuated equilibrium”. Transformations in the tree of life, he argued, owe less to any smooth and gradual process of change than they do to abrupt and unexpected dislocations. So it is, for instance, that dinosaurs get hit by a meteor, and the way is thereby made clear for shrews to evolve into booksellers, publishers, and authors. Now, with the arrival of the internet, we are all experiencing a renewed bout of punctuated equilibrium. A meteor has hit the world of publishing. Everything has gone fin de Mesozoic.
Authors, no less than retailers and publishing houses, need to move with these unsettling times. The principal arena that we have to adapt to, of course, is one that barely existed a decade ago: the digital one. Yet despite the fact that the long-predicted explosion of e-book sales is surely now almost upon us, there remains a complete lack of consensus as to how the market will evolve. There is only one thing that the pundits can agree on: prepare for the unexpected.
That being so, it is unconscionable that publishers should be attempting to strongarm authors into accepting fixed royalty rates on e-books for the entire duration of copyright—and setting them, what is more, at a miserly 15% to 25% of their receipts. That may still be fair enough back in the Cretaceous world of dead tree publishing, but it is hard to see what it is about the selling of an e-book that entitles the publisher to cream off such an exorbitant share of the revenue. Rather than provide authors with an open breakdown of the figures, publishers seem instead to have constructed a collective wall of silence around their accounting. If not a pre-emptive land grab, then it looks suspiciously like one.
Authors quite understand that mastering the economics of something as new as the publishing of e-books is bound to take time. Yet that is precisely why we are reluctant to accept that the presumptions of non-virtual publishing should apply by default to what seems bound to emerge as a very different paradigm. If publishers can justify why they should not share at least half of their income from e-books with authors, then we at the Society of Authors are certainly open to being persuaded. So far, however, the omertà has been deafening.
Accordingly, we have advised our members and their agents to go through any publishing contract which relates to e-books with the very finest of toothcombs. This is not done in any spirit of troublemaking, but simply so as to ensure that authors do not end up like the dinosaurs.
Comments on this article
By Nupender
Is there any reason to give the publisher the digital rights with the paper-print ones? Years ago publishers insisted on having film rights automatically but now that seems extraordinary and e-book rights are similar; if the publisher pays a large advance then by all means agree to delay bringing out any e-book until he has had a chance to sell copies but most authors only get small advances which certainly do not cover their costs and living expenses. If the publisher has their own e-book company they should pay a 75% royalty - not of their receipts but of the price the punter pays. 25% easily covers their costs and gives them a healthy profit for most texts are in digital form anyway before they get printed.08 Jan 10 12:34
By BookPirate
The margins are tiny for print publishers at the best of times. And for trade publishers, certainly, the unit cost is only a small part of the overall costs associated with book publishing. Marketing, staff costs, rent, and associated make up a far larger portion. By far the biggest slice, of course, is author advances. Cutting away the print aspect of the business, sadly is not a one-way street. Ebooks require technical investment, as well as skill sets and the hiring of expertise, the remodelling of websites - none of which comes cheap. Perhaps the Society of Authors would recommend to their members to accept zero advances if they wish to take an extraordinary 75% royalty?11 Jan 10 08:32
By Chris Nichol
Nupender - digital rights are not the same as film rights. They compete directly with paper rights in a way that film can never do. The rest of your post shows similar levels of ignorance.12 Jan 10 16:41
By Jessie
Film rights are completely different than e-book rights. An e-book is simply a different format containing all the same content, more akin to the paperback vs. cloth distinction. Film rights involve a more fluid purchase of the "idea" of a book. Can anyone really make an argument that after a publisher works with an author to develop, edit, produce and promote a book that they should then hand the fruits of all of that labor off to someone else without getting benefit? I'd say that if an author wants to retain e-book rights, then they should only be able to e-pub their original, unedited manuscript, have to come up with a different title for the work, and be legally barred from referring to any publicity received for the traditionally published work. A lot of work goes into creating a published book, and margins are usually extremely thin, especially for independent publishers. Creating e-books adds additional costs to the production process--e-book sales are not all gravy! Even if the entire industry went to a strictly e-book publishing platform (not likely to happen any time soon), it's not as if publishers would be able to churn out books for free and hand buckets of money over to deserving authors.12 Jan 10 17:50
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