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Agent Andrew Wylie has moved to reassure French publishers over electronic rights after a number ceased trading with his agency following the agent's decision to set up as a digital publisher earlier this year. One, Antoine Gallimard (pictured), described Wylie's move as "unacceptable". Gallimard is one of 50 signatories to an open letter published in today's Bookseller Daily that warns agents against splitting digital and print rights. A number will meet Wylie in Frankfurt to discuss the row.
The letter, from the French Publishers Association (Syndicat National de l'Édition), was written as a response to "the actions of certain agents who seek to position themselves as direct competitors to the publishers of their own author/clients"—a thinly disguised reference to Wylie. Wylie made good on a threat to 'do digital', when he launched Odyssey Editions in July with a deal with Amazon to sell 20 titles exclusively on the Kindle—he later removed 13 titles under pressure from Random House.
The SNE letter explicitly warns against putting digital rights in the control of "outside parties", including "agents", who it said were "liable to endanger the equilibrium within the profession". The "commercialisation" of electronic rights was "the natural responsibility of the publisher", the letter states.
Signatories include Gallimard, president of the French Publishers Association (Syndicat national de l‚édition, SNE) and chief executive of Editions Gallimard, Flammarion chief executive Teresa Cremisi, Albin Michel c.e.o. Francis Esmenard, Editis c.e.o. Alain Kouck, La Martinière c.e.o. Hervé de la Martinière, Média Participations c.e.o. Vincent Montagne, Hachette Livre c.e.o Arnaud Nourry and Actes Sud c.e.o. Françoise Nyssen.
The Bookseller Daily understands that at least four French publishers have suspended negotiations with Wylie since July. Gallimard told The Bookseller: "We are one of them, and I know several of my colleagues have done the same." Gallimard said e-books did not have a sufficient presence to justify separating digital from print rights. And he added: "We were shocked that Wylie gave exclusivity to Amazon and consider that it is a conflict of interest for agents to create companies that compete with their customers . . . this is totally unacceptable." According to sources, Gallimard represents about 50% of Wylie's rights business in the country.
Wylie is due to meet with a number of French publishers in Frankfurt in order to discuss the crisis, and has made assurances that in France digital rights will not be separated. Robert Laffont chief executive of Leonello Bandolini told The Bookseller Daily that he was due to meet Wylie at the end of Tuesday to discuss digital rights.
Olivier Cohen, chief executive of Editions L'Olivier, said "a limit had been reached over the question of electronic rights, and that it was time to take a stand". Cohen stressed that the letter was not intended as an attack against literary agents, even though he acknowledged that some French publishers were agent-phobic. The aim was just "to remind them of the fundamental principle that electronic rights should remain in the hands of publishers, whether for backlists or new titles".
Cohen said he expected some international publishers to sign the letter at the Frankfurt Book Fair, but stressed that the timing was coincidental. "Publishing is an individualistic profession," he said. "It is very difficult to achieve a consensus, but there are times when it is vital to close ranks and adopt a common position."
No-one from the Wylie Agency was available to comment when contacted by The Bookseller.
Open letter from French publishers regarding electronic rights
Paris, 28th September 2010
In response to the actions of certain agents who seek to position themselves as direct competitors to the publishers of their own author/clients, the Syndicat National de l’Édition (SNE) and the below listed signatories wish to clearly and decisively state the position of the French industry:
• Electronic rights are rights on the same basis as printed book rights, whose commercialisation is the natural responsibility of the publisher; electronic publishing includes the “added value” of the editorial work performed on the printed book.
• The acquisition of rights to a creative work should not exclude the digital rights, the risk being the development of an independent digital market, controlled by outside parties (content aggregators, agents etc.) liable to endanger the equilibrium within the profession.
• Publishers should have the same control over the retail price of their electronic books as they currently have over the printed format.
The signatories
1. Antoine Gallimard Gallimard, SNE president
2. Teresa Cremisi Flammarion
3. Nathalie Jouven Hachette-Livre
4. Liana Lévi Editions Liana Lévi
5. Irène Lindon Editions de Minuit
6. Sylvie Marcé Belin
7. Françoise Nyssen Actes Sud
8. Jean Delas Ecole des Loisirs
9. Pierre Dutilleul Editis
10. Francis Esménard Albin Michel
11. Alain Kouck Editis
12. Vincent Montagne Média Participations
13. Arnaud Nourry Hachette-Livre
14. Olivier Bétourné Seuil
15. Paul Otchakovsky-Laurens Editions P.O.L
16. Olivier Nora Grasset/Fayard
17. Marion Mazauric Au Diable Vauvert
18. Olivier Cohen Editions de l’Olivier
19. François Renault Editions de l’Officine
20. Alice Déon Editions de la Table Ronde
21. François Gèze Editions la Découverte
22. Philippe Picquier Editions Philippe Picquier
23. Laurence Tacou Editions L’herne
24. Gilles Haeri Flammarion
25. Dominique Bourgois Editions Christian Bourgois
26. Cécile Boyer-Runge Livre de Poche
27. Isabelle Gallimard Mercure de France
28. Véra Michalski Groupe Libella
29. Jean Picollec Jean Picollec Editeur
30. Nina Salter Editions Les deux terres
31. Isabelle Laffont Editions Jean-Claude Lattès
32. Alain Bergdoll Hatier
33. Alain Gründ BIEF
34. Anne-Marie Métailié Editions Métailié
35. Sophie Bancquart Editions Le Pommier
36. Renaud Lefebvre Dalloz
37. Olivier Rubinstein Denoël
38. Jean-Manuel Bourgois
39. Henri-Louis Roche Nouvelle Cité
40. Michel Prigent PUF
41. Pascale Lethorel ENSBA
42. Abel Gerschenfeld
43. Denis Mollat Mollat
44. Hervé de la Martinière La Martinière Groupe
45. Jean Daniel Belfond Editions de l’Archipel
46. Emmanuelle Collas Editions Galaade
47. Jean Castarède France Empire
48. Bernard Barrault Robert Laffont
49. Sabine Wespieser Sabine Wespieser Editeur
50. Anne Carrière Editions Anne Carrière