Google Settlement Watch - Feb. 18, 2010

For all you "Google settlement watchers", today was "the day". High Noon at the OK Corral. But no joy for either side today, as Judge Denny Chin announced (from the AP):

"To end the supense, I'm not going to rule today. There is just too much to digest."

Everyone and their mother, and that includes the Department of Justice, Amazon, and Microsoft have chimed in on this settlement agreement, both pro and con. And famed fantasy author Ursula K. LeGuin resigned her membership in the Authors Guild over their participation in the deal. But at 300+ pages even I threw up my hands at trying to digest ANYTHING about it.

Rumors are rife as to whether Google and the Authors Guild will go back to the drawing board (or should we say the drawing iPad?) to attempt to restructure the deal yet again if it is not accepted by Judge Chin. Though from what I've gleaned, a fairly obvious solution might be to simply put the onus on Google, rather than on the rights holders. Instead of forcing the rights holders to be the ones to OPT OUT of the gargantuan undertaking (thus allowing Google to scan at will if you, the rights holder, don't notify them you aren't interested in allowing them to do this)if, instead, the rights holders must OPT IN before Google could scan any title, it seems many of the objections would go away.

But of course, there's the rub. That would put a serious crimp in the ease of uploading and, yes, SELLING, books.

As was further reported in the AP story by Larry Neumeister today, Sarah Canzoneri, who is one of the plaintiffs against the settlement and a member of the Children's Book Guild, summed up the opposition view fairly succinctly:

"It's not going to be a great library, it's going to be a good store."

Not for nothing, but Google spokespersons' comments rarely mention the ka-ching involved for them (and please, if you understand how the trickle down monetary theory would work in this convoluted quagmire for publishers and authors, let me know!).

Sorry to dash your hopes.

That's all for now folks.

I'm off to play with my new e-book reader (Yes, sad but true, I've been dragged kicking and screaming into the 21st Century) and prep for my pitch at the upcoming March 13 first annual Liberty States Fiction Writers' conference in New Jersey.

There's plenty more to come on digital news, personnel shifts, and the glorious world of book publishing. Soon!

Until then, have you made your presence known in the book-buying community today? A day without a post, tweet, comment or blog is a day wasted when promoting your "brand"!

WTF?

OK. So we've been inundated in recent months with all sorts of digital news. The good, the bad, and the truly ugly. But what seems to be the ugliest is often the response to the various changes in the publishing industry. IMNSHO (in my not so humble opinion), people really need to get a grip.

A few months back, Amazon made a "mistake" by suddenly removing a huge number of titles from their lists, losing those titles their rankings, and in many cases, the authors' pages were deleted as well. Twitter-rage was all that got a response, in the end (after a long and obvious silence) from Amazon. "Whoops", was essentially their response. Nothing meant by the fact that the books so slighted were all the sort of gay, erotic, or banned titles that have so frequently been maligned. They lost their rankings but it was just a mistake. That furor died away.

Then fast on the heels came the 1984 debacle. Having purchased and sold an e-edition of 1984, it turned out the seller did not actually have the rights to the title, and so Amazon - WHOOPS - yanked it back from all the customers who bought, paid for, downloaded and in some cases not just read but notated it. One must wonder what, exactly, is Amazon's vetting system that they were unaware of the rights issue. Secondly came the hue and cry (and lawsuits) from folks who felt it was inappropriate that the books they bought could be - at Amazon's whim - taken away. Sure, they were reimbursed but the ironic "big brother" feeling left a bad taste in many Amazon/Kindle customers' mouths. So Amazon suffered a period of tarnished rep. What happened to those lawsuits? How is Amazon rectifying the problem? What happened about those banned books? Investigation? Anyone take responsibility? Anyone still wondering if it was as innocent as it sounded?

So, on we go. Digital books are selling like hotcakes. Ibid the new technology, applications. Ditto ibid the willingness of every concievable publisher to jump on the digital bandwagon. Traditional publishers are all vacillating, but after the Dan Brown hold-your-breath moment, when the e-book was released simultaneously with the hard copy edition (and sold like the proverbial e-hotcake), notices began being released that all the pub folk were all going to release simultaneously. They were going to investigate digital "arms" for their business operations. Yada Yada.

With reports citing 200-400% increases in sales of digital titles, it is no wonder that everyone's looking to the e-book for salvation from the tough economic times. Big bookstores are hurting (some more than others), publishers are looking anorexic, and the future is rather bleak (if not downright apocalyptic in some quarters). But we've got the Kindle, the Sony Reader, and a variety of other dedicated e-reader machines, and VOILA just in time for the gift giving season, THE BARNES & NOBLE NOOK! It's sold out, delivery dates are being pushed back and since it's partnered with Google (and how's that settlement thing going, guys?) it's got a gazillion (give or take) titles available for wireless download (take that, Kindle!)

Then we get the news that Macmillan has issued a new boilerplate contract. Bad news for authors (I mean, really, when do authors really get any GOOD news?) - Macmillan is lowering the standrad 25% digital royalty rate (25% of NET, mind you) to 20%. Hue and cry from agents, and authors, but in the end, what clout do we have, actually? If other publishers get the feeling they can make the same change, they will - in a heart beat. (Don't believe it? Hold your breath. You probably believe in Santa Claus, too.)

Things are looking all topsy turvy. Being an author is like being Alice in Wonderland stuck in the middle of a slice-and-dice terror film where the Red Queen is armed with razor-sharp fingernails. Can you say "Oh, My Goodness!" (oh, wait, that was Shirley Temple! But I digress...)

Then mere days ago, that big old behemoth in lipstick, Harlequin, announces Carina Press. All e-books, all the time. After going digital with HQ titles(simultaneous e-book releases of all titles) and short fiction offerings (Spice Briefs and Nocturne Bites) they've plunged into the profit pool big time. Within days they were so overwhelmed by submissions from hopeful romance authors that the site froze up. (Writers, desperate? Say it ain't so!).

There was grumbling, mumbling and all manner of dire forecasts. But - as someone famous once said - hold onto your shorts, you ain't seen NOTHING YET!

Today came the announcement - eliciting a Richter-scale response - that HQ - the grand mere of romance fiction, the be-all-and-end-all of romance publishing (happy 60th bdy, BTW) was (gasp) GOING INTO THE "VANITY PRESS"/SELF-PUBLISHING BUSINESS!

Within nano-seconds the airwaves (rather, the internet) was awash in communications riddled with despair, fury, disgust and any number of other responses to this dire news. Because, of course, self-published authors would immediately destroy romance.

Right.

OK - let's get a grip, folks. First, let's give it a chance. The self-publishing game ain't cheap. It also is not always a disaster (anyone heard of Eragon? The Shack?). Sure, some crappy titles will get published if people - in this tight financial world we live in - have the spare cash to toss out to get themselves in print. But hey, there are some crappy e-books out there, too because it is so easy to get a start-up publisher and get into the e-book game and not everyone is looking for quality product. Instead they're looking for quality ka-ching. And be honest - there are some (many?) crappy print books out there, too. I've bought some of them and have, in a moment of pure disgust, thrown them away (for those who know me, you'll get how astounding that act is).

Secondly, if everyone else is in the self-publishing game (including Amazon), why shouldn't HQ be able to cash in? And as their site indicates, they'll be keeping their savvy little eye on the authors whose books do well through Harlequin Horizons. Once you've plunked down your cash and gotten through the publishing process if you actually have the wherewithal to market your book, promote yourself, get your brand going and SELL the freaking thing, you might just get the attention of the old girl herself, and get a book deal with a "real" publisher. (I just hate that!)

From the RWA (I haven't heard much from the non-RWA types yet, but it's coming, I have no doubt) I can only imagine there was a collective gasp of horror and universal plotzing. If e-books are the ugly, redheaded, step-child of the organization, can you IMAGINE how they'll take the bastard kid, self-published books?

What I want to communicate with all this is that the industry is a' changing, folks. Digital, internet, branding, Espresso Machines, bookstores folding, publishers merging, and self-publishing growing - the old-fangled publishing model is getting arthritic. It's changing and technology is moving at light speed. Instead of sitting around pouting that the industry is embracing new ways of getting stories and writing to readers, why not investigate? Why not get active on these fronts? Why not learn as much as is possible about how these things are going to work before you get all het up about them. Instead of bitching, grab the bull by the horns and make it work for you. Don't buy into the furor. New things always get trashed.

Look at rock and roll, for heaven's sake.

To Market, To Market ...

A few bits of interesting news via Publisher's Lunch and Publishers' Marketplace daily deals.

Laura Bradford, Bradford Literary agency made a romance deal with Cindy Hwang at Berkley. In case you are not familiar with the agency, check it out (Link to the right). She reps romance of a wide variety.

More news on the agency musical chairs front via Publisher's Lunch:

Jenny Rappaport has separated with her prior partner, Lori Perkins, to start her own literary agency, The Rappaport Agency. She'll specialize in: science fiction and fantasy, YA and romance. The link to the agency site is at right, and check out Jenny's blog to get to know her.

Meanwhile at Lori's establishment, the L. Perkins Agency, they will continue to focus on erotica and chick lit, horror and pop culture, and employee Marsha Philitas has been promoted to Senior Literary Agency. (Lori's Blogger profile link is at right.) You've probably heard of or seen her blog, Agent In The Middle. Check it out!

I'm going to harp for a bit on Publicity/Marketing/Author Promo. It's my blog and its my soapbox, so there.

I've recently seen some discussions on some author loops regarding the RWA "recognition" of publishers, and the RWA imposed standard for an author to achieve PAN status, which is a $1,000 advance or earning of royalties. Debate ensued about the pros and cons of traditional publishers versus E-publishers vis a vis how much money you get from either.

What was missing from the discussion was the acknowledgement that it is going to be the author's job to promote and market her own book. Regardless of publisher, unless you are one of those bestselling types, you're pretty much on your own. In addition to the quality of the book, any title is going to move based on the author's willingness to push/promote/announce it. Don't know much about marketing, beyond post cards and bookmarks, freebie pen giveaways and book trailers?

My one word of advice: LEARN.

The voracious reading public can't buy something they don't know exists.

Make sure you know how a good website works (pretty is not all you need). Make sure you know about compiling a list of contacts. Make sure you're reaching out not just to WRITER communities, but to READING communities. Announcing your book to everyone in RWA is nice, but those folks are busy writing and they'll cheer you on, but you want readers who are going to buy this book, and the next, and the next, .... and so one.

So take some time from your writing life and dedicate it to the art of marketing:

Here are a couple of titles to help:

PUBLICIZE YOUR BOOK: An Insider's Guide to Getting Your Book the Attention It Deserves by Jacqueline Deval

HOW TO SAY IT: Marketing with New Media by Lena Claxton and Alison Woo (while this book addresses small businesses of all sorts, they specifically state that writers are one of the top types of "small businesses", according to the IRS. So with some focus you can fine-tune the techniques to apply to your writing career.

More on this tomorrow, from the chilly Big Apple.