Writer, Editor, Reader, Fan Girl

Business Musings: What Traditional Publishing Learned in 2014

I want to say nothing, but that’s not true. Traditional publishers learned a lot these past few years, and in 2014, started putting their knowledge into action.

Over the next few weeks, I’ll do the traditional media thing, and provide you with my own sort of year in review. All of it will focus on publishing and writing, both indie and traditional, and all of it will be my opinion.

Around the first of December, I started a version of this post. Before that, I’ve been grazing along, writing a more personal post about the things I learned or relearned in 2014, and you’ll see that before the end of the year. I wrote down those items as they came up or as I remembered them.

I hoped to do the same with traditional publishing.

I started with a comment Dean made about a line in a traditional publisher’s quarterly financial report for the third quarter about the importance of copyright. Dean couldn’t remember what financial report the line came from, so I decided to find it–and of course, I couldn’t. Not fast anyway. But the upshot was that I read a mountain of financial reports for traditional publishers, and honestly, they sent chills through me, considering what’s been occurring with publishing contracts.

Over the past year or two, publishing companies have changed their thinking about the industry. (From now on, I will primarily refer to traditional publishing companies as publishers.)

Some of this change has been happening for years, as mergers and acquisitions grew. Some of it has come from the fact that the large companies have finally understood the impact ebooks and online shopping have had on the industry.

Much of the change is in response to 2013’s dismal fall sales, which happened courtesy of the Justice Department’s investigation of six major publishers and Apple for price-fixing. It didn’t matter how that case turned out; the case itself changed business as usual inside publishing.

Business as usual was this: Before that all important Christmas shopping season, publishers consulted with each other about the timing of their blockbusters.

Think of it the way that the movie industry does: When a film that will suck up all the ticket sales of a particular genre (like an Avengers movie) declares it will release in May, other filmmakers in that genre will avoid that weekend. Generally, studios will release a film that they think will appeal to a different type of audience.

This sort of thing is easier to do in film than in books. A movie takes years to produce and finish. The movie studio will reserve its theater space often two years before that film releases. Sometimes a studio will move a film to a different weekend because of another blockbuster, but often because of production troubles. (This happened with one of the Harry Potter films.) You’ll note that the move will be at least six months after the initial release date.

That’s because of all the moving parts it takes to get a film to market.

Booksellers don’t require book publishers to reserve space in the store ahead of time. There aren’t four or six or twelve slots for books in the average bookstore. There are hundreds.

However, it was smarter marketing to make certain that John Grisham’s latest novel would not compete with Scott Turow’s latest novel, on the theory that legal thriller readers wouldn’t pony up $60 the week of the hardcover releases—they would choose which author they liked best, and only pay $30.

So publishers would contact each other about a year before and informally discuss release dates. Weekend 1 (in September) would belong to Turow; Weekend 6 (in November) would belong to Grisham. But…Stephen King was releasing around that time, and he might take some sales from Grisham, so move the Grisham to Weekend 4…and so on and so on.

When the court case started, publishers couldn’t make these informal phone calls. And traditional book production takes a fraction of the time movie production takes. The publishers released their fall catalogues early in the year, and then the orders would occur, and the release dates would be set in stone.

Because there was no consulting in 2013, a disaster set up: Turow, a former juggernaut author, whose legal thrillers were always an event, was releasing his first book in three years. In theory, his sales would have destroyed any other author’s sales in the same genre.

Just like John Grisham’s sales would in their first weekend. Grisham’s books had ceased to be “Events” like Turow’s, but Grisham had a loyal mass following that bought everything. He got his own release week, generally speaking, just like Turow.

Only in 2013, their releases were exactly seven days apart. Turow’s novel came out on October 15, and Grisham’s on October 22. And Grand Central, Turow’s publisher, learned that readers preferred John Grisham by a huge margin.

Even so, neither book sold at the author’s historic high.

No book in that fall sold at an historic high. Factors came together to prevent it. Some of those factors were:

1. Publishers could no longer collude on release dates (or anything else, including price).

2. The rise of independent publishing meant a lot of readers, who would have bought a legal thriller from Turow or Grisham because those two authors were among the few still writing in the genre, got siphoned off. Those readers found other legal thriller writers or backlist novels that had been taken out of print when the legal thriller genre “died.” Indie publishing gave readers what they wanted when they wanted it, and a lot of them abandoned the bestseller they sorta liked for a midlist writer they loved and whose book was now available to them.

3. The utter decimation of the newspaper book review section. When newspapers died, they took their book review sections with them. Surviving newspapers cut the “fat” from their pages, including the book section. (Which is stupid to me, because the book section was a guaranteed source of weekly advertising revenue.) Only a handful of book sections survived, and those were in truncated form.

4. Magazines got rid of book review sections as well. Those that kept the review section, like Vanity Fair, put it in (I kid you not) 9-point type or smaller.

5. The reluctance of the book blogger. Book bloggers with large followings don’t feel the need to review a Big Book just because some publisher said they must do so. In fact, book bloggers prefer to be the source of recommendations for the eclectic reader, not the mass reader.

6. The decline of shelf space in the brick-and-mortar store. In 2013, there were fewer paid placements available in bookstores (up front is paid for, folks, as is that new release table). Readers were learning to shop differently.

7. The rise of the algorithm. Online bookstores would send out targeted marketing e-mails to readers based on previous purchases. Sometime in 2013, online bookstores changed their home pages so that a reader might see only the types of books that interested her. This is changing back in late 2014 because Amazon has realized what a cash cow coop advertising is. Now, when you log onto Amazon or Kobo or Barnes & Noble, you will see a scroll of bestsellers along the top (relatively small) before you see all the “recommended for you” books. But that sales venue is nothing like walking into a store and seeing John Grisham’s latest stacked in piles of twenty everywhere.

There was a lot of gloom and doom throughout the entire traditional industry in 2013 because it was clear to everyone that the old system wasn’t working. The old system, based on velocity and constant push of new product, was actually falling apart.

So traditional publishers did what all businesses do when something isn’t working: they reassessed. They studied financial sheets and looked at two things—where their business lost money and where it earned money.

The publishers had a surprising realization: those backlist titles they threw up on Amazon and one or two other sites because everyone was demanding ebooks? Those damn things were selling and making the company an astonishing amount of money.

There were other benefits to the ebooks as well, which I’ll get to below, but the financial one trumped everything. Even better, digital products are inexpensive for the company to produce compared to actual physical products.

Here’s how Houghton Mifflin Harcourt stated that in their third quarter results:

The increase in product profitability was primarily driven by a $17 million reduction in product cost…

You’ll find little phrases like that one in all the financial reports of the major publishers. They’re just buried in financial speak. (And that’s only one reference to the lower product cost. There are others, buried in different line items. You just have to know how to read these things—which is a lot easier these days, with online accounting dictionaries at all of our fingertips.)

So, ebooks made money without a lot of in-house support, and they had low continual costs. Think about this: to reissue a mass market paperback that was a surprise good seller, the company had to go back to press, then ship the books to a warehouse, anticipate returns, and not see revenue for at least 90 days.

A surprise good-selling ebook has the digital storage costs and the other little fees that the online ebook retailers charge, but there is no printing fee, no shipping fee, no warehousing fees, no returns, and they get paid promptly at 30 days. Oh, my, oh, my, isn’t that lovely for the bottom line?

Add to that the fact that most writers sold the license to their digital rights dirt-cheap. Even if an ebook had the same costs as a print book, the lower royalty rate to the authors, based on net sales, not cover price, would equal a much lower product costs.

Ebooks—at any price—are an astonishing revenue boon to traditional publishers. I say astonishing, because I’m pretty sure that no traditional publisher realized how well these things earned until they reassessed their entire business model.

The protectionism that sparked the price-fixing case from the Justice Department? That desire to make sure no ebooks sold so that customers would only buy hardcovers? That’s so 2012.

Where publishers discovered that they lost money was on marketing and any attempt to push velocity. Ad buys in book publications, doing a ton of up-front promotion to spark interest in a book, pay-for-placement in a brick-and-mortar bookstore, all had very little effect on sales, unlike the past. The marketing costs were high in comparison to the return.

In the past, that return was quick sales that recouped everything. The present is pretty simple: the bestseller numbers have flatlined significantly. In the past, a new release by John Grisham would have sold at least half a million copies in its first week.

Last month, Gray Mountain, Grisham’s 2014 release, sold 122,506 copies in its first week, the highest selling fiction title out of the gate for the entire year. (The closest competitor? Top Secret Twenty-One, the latest Janet Evanovich title, which sold 88,997 copies in its first week. (As reported in the November 14, 2014, Entertainment Weekly Chart Attack [no available link.])

Neither sales figure would have gotten the Evanovich or the Grisham on any chart before the ebook revolution. Those sales figures are extremely low.

I spent much of the fall of 2014 asking serious readers if they heard that this bestselling author or that bestselling author had a new release. Every question I asked was about an author with a fall release, and every person I asked, in my informal sample, said no.

I was particularly shocked to see the anemic promotion for Lee Child’s latest, Personal, which came out on September 2, 2014. Personal is a Jack Reacher novel, and Jack Reacher is a well known character—so well known that Tom Cruise played him in a film—10 months before.

Even an anemic film like Jack Reacher increases book sales astronomically. Generally, publishers trumpet the next book released by the author.

Most of the ads I saw for Personal were group ads, not individual ads. In other words, Personal was displayed with the five other titles that Delacorte wanted to promote that month.

If we needed a sign that ad buys were down across the board in publishing, the Personal ad buy was it.

So…expenses trimmed, income up…rather than dying these past few years, traditional publishers have healthy balance sheets all over again. Except Hachette of course. Those of you who keep asking me my opinion on the Hachette/Amazon thing should use a brain cell or two. Hachette caved within a week of this statement in parent company Lagardere’s third quarter financial report:

In the United States, in a digital market that is at a standstill (slowdown seen since 2013), net sales of e-books were down (28% of net sales for Trade(3) vs. 31% at the end of September 2013), due notably to Amazon’s punitive measures…

The key words in my paragraph above are “parent company.” That loss of revenue was unacceptable, and any parent company would demand that the situation get resolved before year’s end, whatever it took to settle it. As Dean was saying throughout when anyone asked him: what you saw was a battle between two major international corporations over a contract. Nothing more. The sky is not falling—although it could have for Hachette if it suffered any more losses like that. (And if you want to fight over Hachette & Amazon, declaring one or the other evil, do it somewhere else. Those comments won’t get through.)

You learn a lot reading financial statements, and the things I learned made me revise this piece entirely. Every single one of the major traditional publishing companies is revamping its business model, and that revamp is showing up in the financial speak of the quarterly reports.

The biggest change is a seemingly simple one:

Traditional Publishers Have Changed The Way They Regard Books.

In the past, books were widgets, retail product that would be on a shelf for a short period of time and then disappear, only to be replaced by a new widget.

Every now and then a widget would sell well, for reasons unknown to the manufacturer (the publisher), so the manufacturer would keep that widget on the shelf until sales declined at such a rate to make the costs of stocking bookstore shelves unfeasible. Then the widget would move to the warehouse where a store could order if it wanted the widget. Once warehouse sales declined below some set financial point, the company stopped producing the widget.

Or in publishing terms, the book went out of print. Not any more. Now, traditionally published books no longer go out of print.

The main reason is…

Improved Asset Management

Once upon a time, only the big selling novels became assets of the company. Some company reports still reflect this attitude, noting that the megasellers like George R.R. Martin’s Song of Ice and Fire series bring in a disproportionate part of the annual revenue. Often, in a financial report, you’ll see a series like that listed not only in quarterly revenue, but also as an asset of the company.

However, the midlist books and the out-and-out failure titles never got listed as assets of the company. And now, if you dig down deep in the financials, they do.

For almost no cost (under corporate definitions), a book can remain in print as an e-book, and stick around on the corporate books as an asset. An asset has two functions inside a business. The asset is something the firm owns, just like many of you own your house.

In business terms, however, an asset is also something that a corporation controls (or owns) that the corporation believes has a future economic value. A copyright license for a book is just this kind of asset. The book might not sell well now, but for little cost, that book might perform gangbusters in the future.

Think that doesn’t happen? Fads come and go, and along with them, attendant material. When Titanic came out in the 1990s, Dean’s then-agent wanted to know if Dean controlled the rights to the Titanic sf novel he had written because traditional publishing was in a Titanic buying frenzy.

Imagine if that novel had been in print at the time. Whether Dean wanted the book reissued or not (he didn’t, for reasons we won’t discuss here), sales would have increased without him lifting a finger just because the Titanic was in the news.

On traditional publishers’ balance sheets, the asset load grew significantly these past few years. You will find that information in the year-end reports of some companies in 2013. I’ll wager you’ll see even more of that in the year-end reports for 2014 which will appear in January.

But, to publishers, books also remain…

Short-Term Earners

In addition to being assets to traditional publishers, books remain widgets. They have a limited brick-and-mortar shelf life. Their more expensive incarnations—the paper versions—will only exist for a short time.

Traditional publishers hope to make back their entire investment into their widgets—ahem, I mean books—in the first few weeks after release. From then on, the successful book is pure profit. The unsuccessful book takes years to earn back its initial costs. In the past, the unsuccessful book became worthless—something that the publisher was happy to get rid of. Now, the unsuccessful book moves into the asset category, and can have earnings over years and years.

The print version will cease to exist, although it might be brought back if one of those changes I mentioned above happens.

By the way, a book can earn back its costs without earning out its advance. In fact, that’s a lot more common now than it used to be, as contracts pare down the various royalties that the publisher owes the writer. Books often become profitable long before the writer sees a dime in earn-out royalties.

Books have a new(ish) identity to publishers. And that identity is…

Exploitable Content

As I have said repeatedly in the Business Rusch blog, contracts between publishers and writers have gotten draconian. Publishers want to own every right in the property (what writers incorrectly call their book) and writers should only license what the publisher needs to market the book effectively.

Most writers are so happy to sell their books to a publisher that they actually sell their books. (If you don’t understand what I mean by that, you need to learn copyright. Pick up The Copyright Handbook—and read it.) The contracts the writers sign license almost all rights in the book in as close to perpetuity as a publisher can legally manage. (“In perpetuity” is not possible in a valid contract. Contracts must have an end date.)

Why do the publishers want that? Because books are no longer just paper items. They’re apps and games and characters and movies and YouTube videos. They’re greeting cards and Starbucks coffee wisdom and Halloween costumes. They’re merchandise, and so much more.

Why should the writer get the bulk of these proceeds when the publisher needs the revenue? After all, if the publisher licenses all of these rights (and more) in a book property, then the book’s value as an asset grows exponentially.

In the past, publishers had to license the additional merchandising, movie, audiobook, and foreign rights to other companies.

But look at those financial statements folks. Take a peek at this one, which is for Simon & Schuster. Actually, let me correct myself. This financial statement is for CBS Corporation, which owns Simon & Schuster. Note the breakdown of the various arms of the company.

The financial statement divides the revenues of the corporation by segment. The segments are Entertainment, Cable News, Publishing, and Local Broadcasting.

Then the statement divides the revenues by type, which is quite fascinating. Because the listed types are Advertising, Content Licensing and Distribution, and Affiliate and Subscription Fees.

In other words, there are seven major ways that CBS Corporation raises revenues. Two have an impact on writers who have ventured into this corporation through its publishing segment.

The publishing arm puts out the book, and then, depending on the book, the content can be licensed and distributed. Most content in the licensing and distribution mentioned here are film and television related, but not for long.

A comment that CBS CEO Les Moonves made at the UBS 42nd Annual Global Media and Communications Conference on December 9, 2014 should send a shiver through every single writer who publishes with Simon & Schuster. Publisher’s Lunch calls that conference an “investor conference,” and, indeed, the webcast of that presentation show up on CBS’s Investor Relations page.

Moonves said of Simon & Schuster, “Simon & Schuster continues to do a really phenomenal job. Their profits continue to grow every year and we’re really proud of the business…It’s a little gem as a part of our company.”

As CEO, Moonves should know about the various divisions of his corporation. But to call S&S a little gem doesn’t just refer to S&S’s current earnings.

S&S has the most draconian contracts in the business—and has had them for about ten years. They have developed their books into exploitable content long before other publishers ever thought of doing so.

S&S is a little gem that will make CBS Corporation money in a lot of areas, including content licensing and distribution.

Which brings us to the last major way that large conglomerates are thinking about books. They’re…

Profit Centers

In the past, only the big bestselling books became profit centers for their publishers, and then only the books that lent themselves to such exploitation. Many writers had good contracts back in the day, so they kept audio rights and movie rights and translation rights in their own pockets.

But now, because of that whole exploitable content thing above, so many traditional publishers want a percentage of every single imaginable right. And there are more imaginable rights than writers can generally imagine. Look, for example, at this list at the Harry Potter shop: everything from books to wands to clothing to home décor. That doesn’t count the games or the movies or the Wizarding World of Harry Potter.

Such things have happened with Game of Thrones and Lord of the Rings. But it happens with smaller projects too. A lot of popular books that have no movie tie-ins have produced mugs or t-shirts tied to the books themselves.

And as corporations are more than just publishers, they want to own the profit center (book). The reason Moonves called Simon & Schuster a little gem is because S&S has always had a tie-in arm. Fifteen years ago, that arm was designed from the top down.

Or as Wikipedia puts it on the S&S page:

As part of CBS, Simon & Schuster is the primary publisher for books related to various media franchises owned by CBS, such as How I Met Your Mother, Star Trek, and CSI.

Top-down publishing. CBS had big properties, so they decided to use their tiny publishing department to produce merchandise (books) for those properties. I’m sure CBS had other arms that also produced other merchandise.

What has changed is that now corporations like CBS (and News Corp, which owns HarperCollins and Zondervan) want to exploit from the bottom up. So imagine that a writer writes a lovely book that has pieces which might make a good TV show or a nice addition to the YouTube Channel. If the contract between the writer and publisher are written correctly from the point of view of the parent corporation, then the exploitable content becomes a profit center for the corporation with very little creator expense.

In other words, the corporation won’t have to pay six to seven figures to get a TV or film license from the author. The corporation already licensed (or bought!) those rights in the publishing contract, for a fraction of what the writer would normally get.

This is what you’ve heard many of us derisively call Hollywood accounting, because these business practices have been rife in Tinsel Town for generations.

This form of accounting moved to the record industry twenty years ago, and has slowly moved into publishing.

You haven’t heard much about it yet because the bulk of the traditional publishing industry has developed contracts to exploit a book’s content only in the past few years.

Writers haven’t yet realized what they’ve signed. Nor have a lot of this potential cases become lawsuit worthy. Writers have yet to complain about the contracts because writers are still working to fulfill those contracts.

Although you’re hearing whispers. The entire controversy over L.J. Smith who wrote The Vampire Diaries for twenty years is a contract dispute.  Smith signed with Alloy Entertainment, a packaging firm. Smith got nothing from the sale of The Vampire Diaries to television, nor does she get anything from all the marketing and merchandising rights. In fact, Alloy Entertainment fired her a few years ago—which was all within the legal boundaries set by the contract.

Packaging firms have existed for decades. The packaging firm owns the rights to the entire creation (the “world”) and the writers are simply contractors with no rights in the work whatsoever.

When traditional publishers can devise contracts that essentially do the same thing, they do. And writers, desperate to be published, signed those damn things.

Signing those publishing contracts is more dangerous now than it was fifteen years ago. Because fifteen years ago, books would go out of print, and then the contract would end.

Now, books don’t go out of print.

I’m waiting for the first big lawsuit from a writer against a publisher, as the writer tries to find a new way out of a contract. Musicians have been filing those lawsuits for years now, and for the most part, getting no traction. It’s their signatures on the dotted line. Not understanding the implications of what you sign is not a good defense in most contract cases.

What did traditional publishing learn in 2014? How to revise their business to make even more money. Traditional publishers will be around for a long time, and writers will continue to sign with them.

But writers need to know what they’re up against.

They’re not signing up for a partnership with a production and distribution company like they had in the past. Mostly, these days, writers are signing with an international entertainment conglomerate that wants to exploit its assets for as long as possible.

And books have moved from widgets to assets on the conglomerate’s financial statements. The contracts—and the hardball that publishers now play—reflect this move.

When writers do business with an international entertainment conglomerate, they should be prepared to walk away from what initially looks like a good deal. Because, in most cases, the writers will lose the right to exploit that property themselves for the life of the copyright.

In 2014, traditional publishers reassessed their businesses and improved them—from the publishers’ point of view.

Traditional writers who go blindly into this world will get screwed worse than they ever have before. Traditional writers who go in with their eyes open might gain some benefits at the expense of a book or two or three.

Generally speaking, the writers who go into traditional publishing are risk-averse. But it would seem to me that the only writers who should go into traditional publishing are writers who appreciate and understand risk.

Because in 2014, the big conglomerates did what big conglomerates do: they reassessed their business and improved it.

Most writers never think to do that with their businesses.

Next in my year in review? What indie writers learned. And then, what I learned (or didn’t learn).

I want to get this done before the end of the year, because I personally hate reading the previous year in review in the new year. I of course left all of this for the last minute.

I have other business musing posts lined up for 2015.

If you want me to continue to muse on business, please forward this or tweet it or consider donating. I don’t get paid for the nonfiction I write, so the donations help. You’ll see the PayPal account listed as White Mist Mountain which is one of my companies.

Thanks!

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“Business Musings: “What Traditional Publishers Learned in 2014,” copyright © 2014 by Kristine Kathryn Rusch.




43 Comments

  1. June 7, 2015    

    This was very informative for me. I am at an impasse with my writing right now, whether I should try and get my work in progress out to a literary agent to sell to a big publisher or put it out as an indie book. Your business posts (as well as Dean’s) have made me see that traditional publishing is raw deal for a new writer.

    Even if I only sold fifty e books in my life, I think I would sleep better knowing I owned my own work.

  2. Mei Nu Mei Nu
    April 15, 2015    

    Just wanted you to know that your article was chosen as the capstone for the Industry course in the Masters of Publishing program at Simon Fraser University in Vancouver, BC. We were assigned one reading a week for the past eight months and the final article was this piece. Thanks for a great final assigned reading 🙂

    • April 16, 2015    

      Wow. I had no idea! Thank you for the great news. And please give my best to whoever chose the piece. 🙂

  3. January 11, 2015    

    Coming a little late to the party, but wanted to say thanks, Kris, for all that excellent information!

  4. Sally Sally
    December 31, 2014    

    I’d just like to say that I’m all schadenfreude about Turow selling less than Grisham, since he’s been such a tool about The Dreaded Amazon Infidel vs. Our Pwecious Trad-Pub Gods vs. Not Even Mentioning Those Indie Heathens. I mean, this happened in 2013, so maybe that’s part of the reason he was so pissy in 2014, but I suspect he’d have been a jerk about it anyway.

    And I’m only a reader! (Not of him… I’ve enjoyed a few of Grisham’s)

    Big corporations gonna corporate. This is fully-developed capitalism, folks — we’re all widgets unless we fight. So I don’t blame CBS or Lagardere for pinching those pennies so hard Honest Abe yells uncle. It’s what they DO. Soon as you unmuzzle the wolf, you’re on the wrong side of the stream with a bag of grain, looking over at a dead goose and a happy canine.

  5. December 28, 2014    

    Kris,

    Thank you so much for researching this topic and presenting it in such an easy-to-understand format. My friends, family, and acquaintances don’t understand why I didn’t pursue publication like a “normal” writer, but I could see the diminishing returns of the traditional publishing route, thanks to people like you who sounded the warning. And you’ve done it again!

    I will be sharing this article with my writing group and tweeting it to the world. Thanks again.

  6. Frances Frances
    December 23, 2014    

    From what you write todays publishing world looks like a dangerous swamp for the unwary author. Your well researched article and the insight you provide, allied with the “Here Be Alligators” on your Publishing Map 2014 is invaluable to those of us about to explore the unknown territory of traditional publishing. Many thanks!

  7. Jonathan Jonathan
    December 22, 2014    

    Kris,

    Thank you for this informative post. What is the solution, though? What should writers do? Just go indie? Will the indie stores change their contracts to start exploiting content, too?

    • December 22, 2014    

      Your questions, Jonathan, tell me you need to do some reading about the way business really works. You might start with my book on negotiation. Because the first step in doing business with someone is to know what they want from you. Not what they say they want, but what they really want.Then you can make informed decisions. You can also negotiate from a strong position. Some writers, with clout, can get major changes to contracts. Others who are tough negotiators can do the same. Some writers should never get involved with traditional publishing. There is no one-size fits all answer in any business situation.

      Will retailers change their contracts to exploit content? It depends on the retailer. Some already do exploit content. Others only make an agreement to sell the existing product. There is a lot of regulation in retail that prevents just what you’re talking about on many levels, and there is even more regulation for companies whose stocks are traded publicly. So again, it’s up to you–before you do business with anyone to understand what they want from this relationship. You should already know what you want. And then you negotiate. If they have deal breakers (and they will) and you have deal breakers (and you should) and you can’t come to terms, then you have to be willing to walk away, rather than try to change their huge business culture. It’s really that simple. But it requires education and current knowledge on your part.

      • Jonathan Jonathan
        December 23, 2014    

        Kris,

        Thank you very much. There’s no doubt that I need to learn more about business, and the writing business. Is the book your referring to titled “How to Negotiate Anything”?

        • December 23, 2014    

          Yes. It’s part of the Freelancer’s Survival Guide, so if you get the whole guide, you’ll get that section. (If you need to learn business…) Both are also available in audio.

  8. December 21, 2014    

    Kris, thank you so much for this in-depth report on the state of things. It’s super-easy to get caught up in marveling at what looks like short-term stupid, but none of these companies would have lasted a hundred years or so (in one form or another) without the ability to turn short-term stupid into long-term aggression. I feel for the authors who are wrapped in a bubble of disinformation, or trapped by bad advice.

    A good reminder for us all to be wary of Godzilla stomping around our playground–even if he’s tripping over his own feet, he’s still taking out buildings. 🙂

  9. December 21, 2014    

    Oy, that was a painful read. I need a drink. But… thanks.

  10. Peggy Peggy
    December 20, 2014    

    Thanks, Kris.

  11. December 20, 2014    

    Thanks for sharing your analysis, Kris. I’m not surprised by the details you bring out. That’s what large corporations do – “sweat the assets”. When “The Hobbit” is transformed from a children’s book into three gloomy war films with superhero elves, you can see the act in progress. How many of us create alternative worlds just so that can happen to them – with or without our permission?
    And the disruption caused by ebooks becoming popular is just as you (and Dean) commented a couple of years back, the publishing companies just needed time to change their business models. Just one of the reasons I keep reading both your blogs… you make sense in the face of kerfuffle.

    • December 20, 2014    

      Exactly on the Hobbit. And the merchandising! Oh my. (And some of it I want…my precioussssssss) But your point is well taken. And thanks for the good words.

  12. December 19, 2014    

    Thanks for this. Well written and researched, therefore understandable and believable.
    Reblogged at http://www.tonylavely.com/2014/12/the-business-of-publishing-2014.html
    Appreciate the help!

  13. December 19, 2014    

    Kris,

    Great to hear your business opinions again! They’re always good food for thought. And even if they are sometimes something some of us end up disagreeing with, at least they have been presented. There’s so much I never would have even mulled around if you hadn’t brought it to light.

  14. December 19, 2014    

    Thanks for all you do for independent writers, Kris, individually as well as generally.

  15. December 19, 2014    

    Absolutely invaluable advice. Thank you for all the pieces you write on the business of writing.

  16. E J Frost E J Frost
    December 18, 2014    

    Amazing analysis. Thank you so much for sharing!

  17. Phyllis Humphrey Phyllis Humphrey
    December 18, 2014    

    This is such valuable advice I want to contribute. What is White Mist Mountain?

    • December 18, 2014    

      That’s my company. I should probably put a note in the italics section. Thanks for asking, Phyllis.

  18. December 18, 2014    

    Really informative post, Kris. I feel like my head’s been turned inside out. It seems the big sharks in the publishing ocean just got hungrier and more aggressive. I’m struggling a bit to imagine how this affects the big picture, but I suspect it does. It feels a bit as though the tectonic plates under the ocean have shifted. I’m wondering what shape the resulting tsunami will take and where it will roll.

  19. December 18, 2014    

    Publishing contracts have never (in my experience) been particularly writer-friendly, nor should anyone expect them to be. More and more, though, they’ve become traps for the unwary writer who’ll sign anything for what she perceives as a promise of literary stardom. Your word, “chilling,” covers it very well. Thanks for continuing to get the word out, Kris. Education about what publishing is and is not NOW is the best hope to save new writers ruined careers and lifetimes of regret.

    • December 18, 2014    

      Negotiation has always been the key. The problem is that many terms in the new contracts are non-negotiable from the publisher’s standpoint, which makes it even harder for the writer to make any headway. Tough times for traditional writers.

      • December 18, 2014    

        They may call those clauses non-negotiable, but if enough writers have the guts to stand up and walk away at that point, they may have no choice but to change their stance.

        Thanks for posting this, Kris. I’ll make sure to pass it around.

  20. Martin L. Shoemaker Martin L. Shoemaker
    December 18, 2014    

    I heard a couple of years ago that Marvel (and to a lesser extent, DC) was no longer a comic book company per se, it was cheap marketing for the next Marvel Films production. For a small cost, they produce a product that a cadre of loyal fans pays for; and this keeps the characters visible in the marketplace, and the loyal fans generate buzz when the book comes out. I’ll bet the production budget for ONE Marvel Film exceeds the costs of the entire comic book company. The comics are not exactly a loss leader, but something similar.

    In a similar way, while reading your post I began to wonder if bookstore sales during the initial “push” phase might become marketing for the long term. The goal would be to sell lots of books in a short time, yes; but part of the reason would be because a book with a lot of early sales has more potential for long-tail sales because a lot of people will be talking about it.

    • December 18, 2014    

      Great Marvel analogy, Martin, and spot-on. The same with DC, and many other entertainment companies. Our culture has changed since these companies came into existence, and they’re just moving with the times.

      I also love your idea of marketing for the long-term. Duh. That’s really obvious, and I missed it. Thanks for pointing it out.

      • December 18, 2014    

        So the big sales on a new release are the big New York publisher equivalent of an indie writer setting their book to free for the first week…? [wry smile] But better for them since it’s the book vendors absorbing the cost of the sale.

        Angie

    • Sally Sally
      December 31, 2014    

      And of course Marvel is a wholly-owned subsidiary of Disney, and DC of Time-Warner-AOL-Etc. so the comic books are even a tinier fraction of that. The money that Marvel makes off the printed funnybooks is a rounding error to the International Mouse God Conglomerate.

  21. December 18, 2014    

    Thank god we have you to inform us about these things. I have no plans to have a traditional publishing career. I will stick with indie but it’s nice to know what might happen if someone comes knocking at the door.

  22. December 18, 2014    

    Thank you for collecting this together Kris, in a single place. This post takes a lot of ideas and news and thoughts and makes them into a more coherent whole. It’s a great encapsulation.

    I plan on bookmarking this post and sending it to those indie writers who have discovered that indie publishing is hard work and they want to go back to traditional publishing.

    Because trad pub isn’t what it used to be either. And these authors are often still relying on their agents to go through their contracts.

    I have a friend whose first novel recently came out. It’s doing fairly well. But the contract he signed? Ugh. He’s in for a very rude awakening, because I think there’s a good chance his publisher may choose to exploit that asset. However, he wouldn’t listen to me, and listened to his agent instead.

    Thank you again for these posts. I don’t know if you’ll be able to help the ones who really need to hear this, but I hope your words will make a difference.

    • December 18, 2014    

      Thanks, Leah! I hope it helps.The saddest thing writers say to me is “I wished I’d listened to what you were saying.” [sigh]

  23. December 18, 2014    

    Kris, your opinions are far more informative that other people’s facts. Thanks for doing a year-end review!

    Hope you, Dean, and the furkids have a wonderful holiday!

  24. December 18, 2014    

    Great post. Must read for all writers.

  25. December 18, 2014    

    What a well-researched and informative post- thank you!

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A New Urban Fantasy Story!

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I love taking part in the Uncollected Anthology of Urban Fantasy. Every quarter, we put out individual stories on the same theme (hence "anthology" and "uncollected"). This time, Dayle Dermatis, Leah Cutter, Ron Collins, Leslie Claire Walker, Rebecca Senese, and Annie Reed, have joined me in the Out of the Woods "anthology."

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A New Science Fiction Story!

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Asimov's has just published my first sentient ship story, "Matilda."

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