Five ways to boost Australian writers’ earnings

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By changing our approach to author rights, we can help writers earn more.
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Rebecca Giblin, Monash University and Joshua Yuvaraj, Monash University

Who makes the money in publishing? Nobody. This often repeated dark joke highlights a serious issue. The most recent figures show that Australian authors earn just $12,900 a year from writing work (the median, at $2,800, was even worse). Indeed, authors can gross less than $5,000 for Miles Franklin-nominated titles that took two or more years to write.

Fixing this isn’t as simple as reaching more deeply into publisher pockets, because most of those are empty too. While the major international houses are thriving (Simon & Schuster and Penguin Random House recently reported 16% profits), publishing Australian stories can be financially perilous.

In independent publishing, 10% of the book sale goes to the author, perhaps another 10% to the printer, and up to a whopping 70% for distribution. What’s left has to pay the publisher, editor, marketers, admin staff and keep the lights on.

But we can improve our approach to author rights. Here are five lessons we can learn from elsewhere to help Australian writers earn more money.


Read more:
Scrounging for money: how the world’s great writers made a living


#1: Give authors stronger out of print rights

Traditionally, contractual “out of print” clauses have let authors reclaim their rights when a print run has sold out and the publisher doesn’t want to invest in another. But in our recent analysis of almost 150 contracts in the Australian Society of Authors archive, we found 85% of contracts with these clauses allowed authors to reclaim their rights only when the book was “not available in any edition”.

These days, books can be kept available (at least digitally or via print-on-demand) forever – but that doesn’t mean their publishers are still actively promoting them.

A better approach is to allow authors to reclaim their rights towards the end of a work’s commercial life, determined with reference to objective criteria like the number of copies sold or royalties earned in the previous year. The Australian Society of Authors recommends authors only sign contracts that have this meaningful kind of out-of-print clause – but many publishers still try to get authors to sign up to unacceptable terms.


Read more:
How to read the Australian book industry in a time of change


A growing number of countries (including France, Romania, Slovenia, Spain, Macedonia and Brazil mandate author rights based on objective criteria. The French law is an interesting model. There, authors can get their rights back if a book has been published for at least four years, and they haven’t been credited royalties for at least two. This opens up new possibilities for the author to license it to another publisher, or even sell it directly to libraries or consumers.

Rebecca Giblin on the problems with publishing contracts and the case for new author rights.

#2: ‘Use it or lose it’: return author rights when they’re not being used

Publishers take very broad rights to most books: in our recent archival analysis we found 83% took worldwide rights, and 43% took rights in all languages. It’s easy to take rights – but if publishers do so, they should be obliged to either use them or give them back.

To that end we can learn from the “use it or lose it” laws that bind publishers in some parts of Europe. In Spain and Lithuania, for example, authors can get their rights back for languages that are still unexploited after five years.

#3: Introduce a ‘bestseller’ clause to contracts

Of course, it’s not always the case that there’s no money in publishing: sometimes a title that was expected to sell 5,000 copies sells 5,000,000. That changes the economics enormously: but in many cases, the contract only provides the same old 10% revenue for the author. For works that achieve unexpected success, we can learn from Germany and the Netherlands (and the proposed new EU copyright law). They have “bestseller” clauses that give authors the right to share fairly in unexpected windfalls arising from their work.

#4: Legally enshrine the right to fair payment

Even where there’s not much money to be made, the author should still receive a fair share. Again, Germany and the Netherlands lead the way on this. There, authors are entitled to “fair” or “equitable” payment for their work – and can enforce those rights if their pay is too low.

These laws don’t set a dollar amount, since what is “fair” depends on all the circumstances. However, such laws at least provide a minimum floor. If the contracted amount is unfair or inequitable, authors have a legal right to redress.

#5: Put time limits on transfers

In Australia, copyright lasts for the life of the author, and then another 70 years after that. Publishers almost always take rights for that full term – only 3% of the contracts between publishers and authors we looked at took less. But publishers don’t need that long to recoup their investments. In the US, authors can reclaim their rights from intermediaries 35 years after they licensed or transferred them.

In Canada, copyrights transfer automatically to heirs 25 years after an author dies. We used to have the same law in Australia, but it was abolished for spurious reasons about 50 years ago. If we reintroduced a similar time limit on transfers, it would open up new opportunities for authors and their heirs (for example, to license or sell to a different publisher, libraries or direct to the public).

It’s true that there’s often not much money in publishing. But by changing our approach to author rights, we can help writers earn more and make Australian books more freely available.The Conversation

Rebecca Giblin, ARC Future Fellow; Associate Professor, Monash University and Joshua Yuvaraj, PhD Candidate, Monash University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Death of the Author

The birth of the reader must be at the cost of the death of the author… or so says Roland Bathes in his essay Death of the Author. Are we talking about literally killing authors? No, this is figurative (like most uses of literally). Can Death of the Author include killing the author? Sure, but get a good lawyer first.

Let’s let Lindsay Ellis (and John Green) explain:

My take on Death of the Author is somewhat complicated. I think there is relevant information that the author has that doesn’t make it into the story (think Elvish languages from Tolkien*), but I also think that quite often if it isn’t in the story it doesn’t really exist. I think that stories are really up to the readers to interpret, as viewpoints and interpretations will change over time**, but that doesn’t mean readers always interpret correctly.

This is a hedged way of saying that Death of the Author is probably too simple a way of thinking about how stories should be interpreted. At least, that’s my interpretation of it.

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Source: Mimi and Eunice

*Let’s not get into how “relevant” I think those languages are, or a lot of that world-building from authors in general is.

**You may remember book reviews here where I’ve discussed how older books haven’t aged well due to changing societal standards. Sexism and racism are obvious changes that have happened in the last 50 years which make formerly acceptable, even progressive, moments in a story seem backward and unacceptable now.

Another thing that can occur is changes to society changes interpretations. E.g. The Baby It’s Cold Outside controversy can be summed up as an old song made references to things that we are no longer familiar with, so our interpretation changes. This makes Death of the Author a truly bad thing for any artwork that is “consumed” outside of the social and temporal setting it was made within.

Update: Good article in Uncanny that captures some of my thoughts on Death of the Author.

Taking Criticism

One of the most important aspects of writing is taking criticism. It is an important skill that you need to develop in order to:

  • Tell the critic how wrong they are;
  • Explain to the critic in excruciating detail how they just don’t understand your art;
  • Make an extensive list of places the critic can go to think about their mistakes.

See more from JP:

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Perth Writers’ Festival 2014

My annual pilgrimage to the Perth Writers’ Festival is over for another year. According to reports, I was joined by 38,500 other reading and writing fans, with ticket sales up on last year (can someone confirm that figure, I thought I read it here but I must have been mistaken. Edit: confirmed figure from WritingWA).

Some write-ups have discussed the heat; we are 1.6 degrees hotter than the long-term average for February: thanks climate change! Some write-ups have discussed the wonderful talks from literary authors; can’t be less entertaining than their books. Some write-ups have tried to imply that Perth people gasped when Scott Ludlam used the word crap; yes we clearly are a simple folk over here in the west, not accustomed to swearing and impolite behaviour like taking notes. So I hereby present my write-up.

Friday 21st

I started off my festival adventure with the panel discussion Tinker, Tailor, Soldier, Spy. Susan May chaired a discussion on writing, publishing, and thrilling books with Chris Allen and Joe Ducie. It was an interesting session, although Joe is not what you’d call a gregarious person and he is limited in what he can say without being sent to a black site for breaking the secrets act. This session attracted a lot of teen readers, a first for any writers’ festival I’ve been to, in part due to the young adult theme of Joe’s book and Chris’ campaign to get more boys reading. Also, why is it that the nice and friendly people always seem to write the books with the largest body counts?

My plans for the day were beaten with a cricket bat when the session Fair Go Mate was filled past standing room only. Not being able to gain admittance I’m going to say the session was clearly for doo-doo heads. Instead, I went and saw The Inner Life of Others. Amanda Curtin discussed building and writing characters with Debra Adelaide, Chris Womersley, and Andrea Goldsmith. I was sitting next to the fan for one of the much-needed air conditioners for this session. So while I was quite cool and sweat free, I couldn’t hear the speakers clearly. I think in future the festival need monitors for the speakers or better technicians on hand to get the sound levels right.

I had hoped to see the session Boom Town Rats in the afternoon, as David Whish-Wilson was speaking. He wrote my favourite novel of 2013 after-all. I had to settle for asking him how things went via Facebook: apparently, it was an interesting discussion session. Instead, I went to Annabel Smith’s workshop on Social Media Marketing. Annabel discussed various aspects of social media and the Hub and Outpost model, with your blog/website being the hub. We had a range of people in the room from social media novices to professionals, and a couple of people who didn’t see the point – I mean, being able to talk and form communities with people on the other side of the planet instantly is so overrated. Annabel did well in catering to such a wide spectrum.

Saturday 22nd

Lee Battersby’s fantasy writing workshop, Universal Law, kicked off my Saturday with a teddy bear explaining humans to aliens (you had to be there). This was a fantastic session and I got a lot out of it. Okay, that could just be confirmation bias talking, because Lee did confirm a lot of my own thoughts on fantasy and fiction writing in general, but I’m just going to pretend we’re both right. Plus, I’ve got the beginnings of a cool little absurdist short story from the session, which may have made the session pay for itself.

Hungry and in need of golden ale refreshments, I headed to the UWA Club. David Marr was holding court with a throng of fans/questioners/listeners after having finished his discussion panel. I was tempted to join the group and ask him when he was going to finally stab Andrew Bolt to death for crimes against journalism, but decided to not ruin his day.

After a leisurely lunch at the UWA Club, I skipped the next beer and went to The Game Changers: What’s In Store? Stephanie “Hex” Bendixsen chaired a fascinating discussion about the games industry and storytelling. Dan Golding, Dan Pinchback, and Guy Gadney were all insightful speakers and kept the audience of preteens to curmudgeons entertained. Guy Gadney also showed a quick wit when a young lad couldn’t remember Guy’s name, with the boy ending up on stage answering questions (which he handled quite well).
Hex-and-special-guest-panelist

Although, as if to prove that the games industry has a long way to go, or that men are still dickheads, one of the audience members started his question with “Damn girl, you fine!” when addressing Hex. If there was only some way to breed this behaviour out of the population….

The next session I attended was Hi-Viz Days with author and comedian Xavier “Matty” Toby. As a general rule, I don’t read non-fiction, as it is often more fiction than non-fiction, is often boring, and has far too low a body count to be entertaining for me. But having attended this session and listened to Xavier read out some sections from the book, I would recommend you read his book about his mining experiences. Having lived in rural Australia for a large chunk of my life, a lot of the conversations, the style of speech, and the characters portrayed sounded like the people I’ve met and know. A few award winning authors should read Xavier’s book to see how rural and regional people actually speak (or at least hand back the awards for capturing the ‘bush lyricism’ in their novels).

Sunday 23rd

My Sunday started rather early. Or rather, my Saturday didn’t really finish until Sunday morning. My little bundle of joy was ill and had trouble sleeping, which meant I did too. It also meant I’ve contracted his illness: parenting is lots of fun.

I’d already missed one of David Whish-Wilson’s sessions on the Friday, but I went the whole hog and missed his Sunday session as well. His interview on Perth, the city, and his non-crime, non-fiction book, on Sunday apparently went well (full house). David assured me that there were plenty of interviews being done around the festival on this book. Which means if we check his webpage we could probably track down an interview with David on Perth; the book and the city.

The only event I managed to attend on Sunday was Susan May’s workshop on Standing Out From the Crowd. It turns out that Susan and I had been in the same all day workshop on publishing a few Perth Writers’ Festivals ago. Her takeaway from that event had been to avoid the slush pile and somewhere along the way, after developing industry contacts to help avoid the slush pile, she self-published. I agree with one of the other attendees that Susan’s session was enthusiastic and genuine.

And that concludes my Perth Writers’ Festival adventure for another year. It was good to catch up with friends and other attendees over the three days and I hope others enjoyed the event as much as I did.

The book business: 2012 vs 2008

There are some interesting claims being levelled in the publishing industry about the death of books (rubbish), that publishers are going broke (only if they messed up) and that the industry is in turmoil (only when scaremongers keep saying it is). Well, the infographic below highlights some statistics on the US book industry – I think I’m going to stop calling it the publishing industry, maybe reading industry is more appropriate. The final figure is the one that everyone should quote the next time a smaller or non-existent advance is offered to authors, or royalty rates are lowered, or high book prices are justified.

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Source: http://www.newrepublic.com/article/114998/book-business-doing-fine

More anti-Amazon nonsense

This morning I was browsing my various news feeds when I noticed someone had written an article about the arrival of the Amazon Kindle store in Australia. Clearly this article was going to feed my confirmation bias on how awesome it was to have an Aussie version of Amazon available, just like Canada, the UK, India, Germany, Spain, etc. No longer being locked out of some editions of books because of our region, an Aussie store is one step closer to Aussie writers not having all the publishing issues that currently exist, a .au suffix making us feel special: all good! Right?

Well, not according to the article Amazon’s Australian Kindle store: an unhappy ending for the book industry? by Ben Eltham. Rather than stream bile right here, I’ll dissect Ben’s opinion piece about the demise of the protected Aussie book market, and hopefully inject some much needed reality.

Amazon has been prising open the wallets of Australian consumers for years – but what will its local push on Kindle mean for readers, writers and publishers?

It is always good to start an article by using emotive language and by poisoning the well. The use of a logical fallacy so early in the article does not bode well for Ben’s opinion piece.

The local book industry is threatened by Kindle’s entry into the Australian market. When Amazon opened its Australian Kindle store last month, it was to feisty reaction from independent bookshops. Charismatic Sydney bookseller Jon Page of Pages & Pages Booksellers even relaunched his “Kindle amnesty” – a scheme that allows conscientious local readers to swap their Kindle for the Australian book sector’s preferred e-reader, the Kobo, and receive a $50 book voucher for their trouble.

This opening reference to a stand by one independent bookshop being representative of all bookshops is another example of polarizing the argument before raising any actual evidence, essentially further poisoning the well. You see we are set up to believe that the Kobo e-reader is somehow better for Australian bookshops, despite Kobo also being in direct competition with stores in the same way the Kindle is, as well as to love the “feisty” response to the big bully Amazon arriving.

“We’re calling it Kindle Amnesty 2.0,” jokes Page, who is spruiking for the Kobo Aura HD, which he argues is “equal to or better than the Kindle Paperwhite”. Those who read via tablets such as the iPad or Galaxy have access to Kobo reader apps. “We want to take the fight to Amazon because they are so dominant in this market, particularly with the Kindle device,” argues Page. Pointing to the Commonwealth’s 2011 Book Industry Strategy Group report, he claims that Kindle represents about 70% of dedicated e-reading devices. (This figure does not include tablets, phones or laptops). “That’s a problem, because the Kindle locks competition out and locks customers in.”

My idea of a joke is a thing that someone says to cause amusement or laughter, especially a story with a funny punchline. “We’re calling it Kindle Amnesty 2.0” doesn’t really make the grade as a joke, but this is all about, again, poisoning the well and polarizing the reader to the author’s opinion without needing to state facts or evidence.

The next point about the Kobo being as good or better than the Kindle is neither here nor there, it just doesn’t matter. I agree that the Kobo is a great e-reader, but most e-readers are pretty good, you are really choosing an e-reader based upon the stores and catalogue they offer access to. I’ve written before about hearing Kobo Australia’s chief seeming to have a very good idea of what is needed in the market place for readers and authors. But ultimately the raising of Kobo vs. Kindle in a discussion about Aussie bookstores is like raising a conversation about which is the tastier bacon at a vegetarian food store.

Finally we do get some actual data, showing that the Kindle is the biggest e-reading device. Well, d’uh. Amazon have the biggest store and have expanded into the most markets, have invested in technology early, have created new markets themselves, and have….. Okay, let’s not get ahead of ourselves here. The point is that the argument raised is that Amazon and the Kindle have a monopoly. Which is true. What is false about this assertion is the idea that the monopoly isn’t one that can be supplanted by the next generation of technology, or better business models arriving, or the competition preying on Amazon’s weaknesses.

You see, the key weakness for Kindle is also it’s strength. If you lock readers into one store you allow the competition to usurp the market by doing the deals with many stores and libraries (hang on, that’s what Kobo is doing in Australia and Canada!). You also have to remember that the Kindle or any other e-reader is only really for avid readers. Tablets and phones are for the more casual readers, thus they aren’t locked into one device or one store. So we are only another generation of technology away from e-readers losing their advantage over tablets and phones, and the entire Kindle argument becomes moot.

Industry sentiment is divided over the impact of the entry of the tech giant into Australian online retailing. Some have been forecasting impending doom. Others are merely apprehensive about Jeff Bezos’ juggernaut. Amazon’s thin margins terrify competitors. Despite vast revenues, the parent company makes no profit. Amazon raked in US$17bn in net sales last quarter, for an operating loss of US$25m. Analysts and brokers are starting to wonder whether, eventually, Amazon’s gravity-defying stock price will tumble to earth.

This part is a doozy. Ben has framed a false dichotomy in how the industry perceives Amazon. Where is the mention of the people who love their Kindle and the Amazon store? Where is the mention of the people who like their Kindle and Amazon but want to be able to use other formats and borrow e-books from their local library? This is a common false dilemma fallacy used in arguments.

Next the argument goes to Amazon’s business model, providing some facts but leaving out others. Why? Why not mention what the “thin margins” are that terrify competitors? I’d sure like to know. The next point is about how Amazon makes heaps of money, yet doesn’t profit….. Remember above how I mentioned that Amazon had stayed ahead of the competition by expanding and investing? Well that’s where all that revenue is going, straight back into making their business better.

What I’ve always wondered was why an online bookstore was the first one to grab hold of the e-reader concept. E-books are not new, nor are e-readers. They have been waiting in the wings for a decade or more, waiting for a company to invest and make things happen. Why wasn’t this investor a publishing house? Why not a major bookstore chain? Surely they are meant to be knowledgable about their industry and future trends, so why weren’t they the ones creating the new digital marketplace instead of Amazon? The answer is obvious. Amazon had the balls to do it and had an eye on the future, instead of a protectionist view of old and antiquated business and media models. To the victor go the spoils.

But other industry observers have argued that an Australian Amazon presence will be good for consumers and readers. As Kobo’s Malcolm Neil told Melbourne’s Independent Publishing Conference recently: “Amazon is good because the customer likes them … We’re not going to win the argument by telling people they’re wrong.”

Didn’t I say above about Kobo’s boss being a bright guy that knew what the industry wanted? If you’ve heard Malcolm talk about the publishing industry before you know that he has a lot of good points that have been left out, can’t think why. Malcolm’s points are the first example in this article of a different viewpoint being offered. But we’ve already been setup to either disagree with it or ignore it.

Martin Shaw, books division manager at independent retailer Readings, argues that Amazon’s Australia venture may not be such big a deal. “It is only ebooks,” he says. “That market has got so many players in it now, who knows what sort of impact it will have? We will just have to see how the dust settles.” Shaw foresees a coming war of devices in which competitors try to lock customers into competing ecosystems. “I think there will be a lot of devices flooding the market trying to get people to enter the walled garden,” he says. “That will force other e-tailers like Kobo to become more aggressive.”

This speaks to my points above about Amazon and Kindle only being one technology change away from losing market share. I used the example of tablets and phones, but there are other examples in the online stores themselves. Both Kobo and Amazon have exclusive author deals happening. We’ll probably see more of this, which starts to sound like publishing houses and their favoured deals with stores.

Of course the irony is that, in our globalised world, Amazon is not really “starting up” in Australia at all. The retail behemoth has long been prising open the wallets of Australian consumers, who have been buying books and all manner of other things from Amazon in the US for years – estimates of how much that market is worth vary enormously. The move by Amazon to begin an “.au” store that trades in Australian dollars and sells Australian ebooks through Kindle merely makes that custom one step easier. “All that’s changed now is that it’s an Australian-facing site,” Page argues.

I think the irony with this paragraph is the use of the term irony when there appears to be none. But it does give the article a chance to move away from the viewpoints the author disagrees with and move back to more Amazon hate.

There are upsides for consumers. The Gordian knot of digital copyrights, based around various national boundaries, has meant that some US and Australian titles were not available as ebooks in Australia. The new Amazon.com.au store can now stock a much wider range of titles that have Australian-only digital licences.

Lower prices for consumers: Yay!

And prices will be forced lower. Shaw says that we may see “a race to the bottom”. Amazon’s deep pockets, he says, means “they can go there [to low prices] and stay there for as long as they want”. Australian book prices are still much higher than comparable titles internationally. In Amazon’s view, that margin can be returned to consumers in the form of lower prices.

Okay, Yay and Bullshit. Currently Australian e-book prices are ridiculously high. You cannot justify the high cost of an e-book when there are no distribution or printing costs. I have been meaning to post some figures taken from a few publishing houses and their presentation to the shareholder meetings, figures that show just how profitable e-books are for them thanks to the lower costs associated. There is actual irony here, because those same publishing houses are using e-books lower price to justify lower advances and smaller royalty percentages to authors. So Amazon making prices more competitive is a good thing, for readers and authors.

A quick look around the various sites for Australian ebooks revealed some savings. An ebook of Ross Garnaut’s Dog Days worth $9.99 on Kobo, was $9.49 on Amazon. Eleanor Catton’s Booker-winner The Luminaries was $10.68 on Kobo; on Amazon it was $9.35. (As a comparison, a paperback of Dog Days costs $15.29 from Bookworld, while The Luminaries costs $22.49). For other titles, owing to so-called “agency pricing”, Kobo and Amazon’s prices have converged: Christos Tsiolkas’ Barracuda was the same price on both.

Notice that this is the only time “agency pricing” is mentioned. It will not be discussed again. Despite the importance it plays in this entire argument about e-books, pricing, readers, authors, the industry and who is screwing whom.

The other potential winners of Amazon’s entry are successful authors and self-publishers. Amazon’s benefits to authors are controversial, but for the top tier they are real. The Australian publishing industry has been rather wary of embracing the digital world and while it’s hard to pinpoint precise figures, there’s a perception that many local authors have lagged well behind their US counterparts in ebook market penetration. Australian self-publishers will now get a 70% royalty for books sold to Amazon.com.au accounts. International experience has shown that a lucky few will reach big new audiences with bestselling self-published titles. Although on the other hand, mid-rank and lower authors may find themselves little better off.

Well, d’uh. Any new bookstore or way to buy books will favour already successful authors (NB: self-publishers are authors too), because, wait for it, people buy books by successful authors. What is not mentioned is that Amazon algorithms are more likely to expose readers/buyers to authors they haven’t heard of because of purchases they have made or books they have liked. I don’t know if Kobo have a similar system, but I do know that most bookstores do not have anything remotely similar to the promotional power of Amazon for new, emerging or midlist authors.

The statement about Australian self-publishers will “now” get 70% royalties is deliberately misleading. They already get a 70% royalty, that has been the policy from day one at Amazon, it is what all the other self-publishing platforms have come to adopt as well (correct me if I’m wrong on this, I haven’t checked them all).

Meanwhile, agents, publishers and booksellers still face real challenges from digital, Amazon or not. Digital is reshaping the industry and still threatens to cut middlemen out of the chain. Online-only retailers like Bookworld may be the most vulnerable, lacking the size and scale to adequately compete. When Amazon bought Book Depository, the UK retailer popular with Australian consumers, there was consternation in the book industry, despite the Australian Competition and Consumer Commission deciding not to oppose the move.

Yeah, who’d have thought an antiquated business model would be under threat by changes in the industry? And didn’t the article make the point that Amazon has already been in Australia to a large extent for years? So doesn’t this kinda negate any points made here?

As books blogger Patrick O’Duffy wrote recently in a long analysis of Amazon’s entry into the Australian market: “By starting this process of moving into Australia, Amazon is going to permanently affect the local writing, reading, publishing and bookselling world.” That much at least seems certain.

Um, no. This final statement and paragraph are about 10 years out of date. E-books and the ability of authors to manage their own careers without ‘gatekeepers’ is what has changed the industry. This has happened for quite a while now. To say that Amazon opening an Aussie store suddenly changes things completely negates the history and many of the points raised in this article.

Now that I’ve addressed the article by Ben Eltham, paragraph by paragraph, I think it is clear that this article is nonsense. It is just another in the long line of e-book, e-publishing, self-publishing, fear-mongering articles that have come to represent “informed” comment on the publishing industry over the last 5 to 10 years. I for one am sick of these articles, in fact I hate them. It isn’t just the continued “fear of change” mantra they all adhere to. The main reason I hate these sorts of articles is that they are trying to pretend that the publishing industry is hurt by changes that benefit readers and writers. Nothing could be further from the truth. Readers and writers are the publishing industry, everyone else is there at their behest. If those middlemen want to stay in the game then they have to offer something to the readers and writers that is beneficial to both. And the success of Amazon (Kobo, etc) and the various publishing houses (agents, editors, designers, etc) that have adopted/adapted to the new paradigms, only illustrates how out of touch these articles are with the industry. Instead of discussing the real issues, like the squeeze on authors, we get another stream of uninformed bile.

How Copyright Made Mid-Century Books Vanish

Now this is an interesting study and article. I have actually noticed this phenomenon myself when looking for crime and thriller authors and books from various generations. Everyone knows Robert Howard, Raymond Chandler and Donald E Westlake, they’ve pretty much stayed in print since they were released. But what about the other authors from the 1920s to the mid 1980s? On various writer forums you will find writers re-releasing their novels from the 80s as ebooks. This is the downside of copyright. Read for this article I stole am re-blogging from The Atlantic.

by REBECCA J. ROSEN
A book published during the presidency of Chester A. Arthur has a greater chance of being in print today than one published during the time of Reagan.

neweditions650-thumb-650x317-128315 Last year I wrote about some very interesting research being done by Paul J. Heald at the University of Illinois, based on software that crawled Amazon for a random selection of books. At the time, his results were only preliminary, but they were nevertheless startling: There were as many books available from the 1910s as there were from the 2000s. The number of books from the 1850s was double the number available from the 1950s. Why? Copyright protections (which cover titles published in 1923 and after) had squashed the market for books from the middle of the 20th century, keeping those titles off shelves and out of the hands of the reading public. Heald has now finalized his research and the picture, though more detailed, is largely the same: “Copyright correlates significantly with the disappearance of works rather than with their availability,” Heald writes. “Shortly after works are created and proprietized, they tend to disappear from public view only to reappear in significantly increased numbers when they fall into the public domain and lose their owners.” The graph above shows the simplest interpretation of the data. It reveals, shockingly, that there are substantially more new editions available of books from the 1910s than from the 2000s. Editions of books that fall under copyright are available in about the same quantities as those from the first half of the 19th century.

Publishers are simply not publishing copyrighted titles unless they are very recent. But this isn’t a totally honest portrait of how many different books are available, because for books that are in the public domain, often many different editions exist, and the random sample is likely to overrepresent them. “After all,” Heald explains, “if one feeds a random ISBN number [into] Amazon, one is more likely to retrieve Milton’s Paradise Lost (with 401 editions and 401 ISBN numbers) than Lorimer’s A Wife out of Egypt (1 edition and 1 ISBN).” He found that on average the public domain titles had a median of four editions per title. (The mean was 16, but highly distorted by the presence of a small number of books with hundreds of editions. For this reason, statisticians whom Heald consulted recommended using the median.) Heald divided the number of public-domain editions by four, providing a graph that compares the number of titles available. titlesavailable650 Heald says the picture is still “quite dramatic.” The most recent decade looks better by comparison, but the depression of the 20th century is still notable, followed by a little boom for the most recent decades when works fall into the public domain. Presumably, as Heald writes, in a market with no copyright distortion, these graphs would show “a fairly smoothly doward sloping curve from the decade 2000-20010 to the decade of 1800-1810 based on the assumption that works generally become less popular as they age (and therefore are less desirable to market).” But that’s not at all what we see. “Instead,” he continues, “the curve declines sharply and quickly, and then rebounds significantly for books currently in the public domain initially published before 1923.” Heald’s conclusion? Copyright “makes books disappear”; its expiration brings them back to life. The books that are the worst affected by this are those from pretty recent decades, such as the 80s and 90s, for which there is presumably the largest gap between what would satisfy some abstract notion of people’s interest and what is actually available. As Heald writes:

This is not a gently sloping downward curve! Publishers seem unwilling to sell their books on Amazon for more than a few years after their initial publication. The data suggest that publishing business models make books disappear fairly shortly after their publication and long before they are scheduled to fall into the public domain. Copyright law then deters their reappearance as long as they are owned. On the left side of the graph before 1920, the decline presents a more gentle time-sensitive downward sloping curve.

But even this chart may understate the effects of copyright, since the comparison assumes that the same quantity of books has been published every decade. This is of course not the case: Increasing literacy coupled with technological efficiencies mean that far more titles are published per year in the 21st century than in the 19th. The exact number per year for the last 200 years is unknown, but Heald and his assistants were able to arrive at a pretty good approximation by relying on the number of titles available for each year in WorldCat, a library catalog that contains the complete listings of 72,000 libraries around the world. He then normalized his graph to the decade of the 1990s, which saw the greatest number of titles published. adjustedtitles650 By this calculation, the effect of copyright appears extreme. Heald says that the WorldCat research showed, for example, that there were eight times as many books published in the 1980s as in the 1880s, but there are roughly as many titles available on Amazon for the two decades. A book published during the presidency of Chester A. Arthur has a greater chance of being in print today than one published during the time of Reagan. Copyright advocates have long (and successfully) argued that keeping books copyrighted assures that owners can make a profit off their intellectual property, and that that profit incentive will “assure [the books’] availability and adequate distribution.” The evidence, it appears, says otherwise.

Further reading: http://artlawjournal.com/can-find-creative-work-copyright-free/

Kids these days

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Okay, just to be serious for a moment: Do you see a difference between these two cartoons?

Some of you may have seen the awesomeness displayed on The Oatmeal in response to people stealing his cartoons and taking his authorship off of the picture. Well, here is another example. The second cartoon was the one I was going to post, but I realised that it didn’t have the creator’s signature on it and it would be good to make sure that they were able to be tracked down. Ideally, I’d link to the original, but that isn’t always possible, especially when someone has decided to edit out the part that would help us all identify the author. It is clear that the author isn’t even asking for money, the cartoon is freely published on the web, yet someone has decided to remove the content creator as though they aren’t important.

Free content is great, so many people with great ideas are creating stuff to entertain others just because they enjoy it. I’m going to try and make sure the authors (content creators) are acknowledged when possible, I hope everyone else does too.

Why are books abandoned?

Goodreads survey

This is a great breakdown of why readers give up on reading and which books are the biggest culprits. I largely agree with most of the sentiments and books listed. It is very interesting to me that “slow and boring” is the #1 reason people abandon a book. Not just #1, it is number two and three as well, as the next reason had less than half the polling. I’ll offer a few comments on each part of the infographic.

Top Five most abandoned:

Casual Vacancy by JK Rowling – This is no surprise really. I’ve heard it is a particularly dark book and the remark that people were expecting it to be more like Harry Potter shows that no-one read the blurb.

Fifty Shades of Grey by EL James – Who’d have thought that Twilight fan-fiction would be poorly written?

Girl With the Dragon Tattoo by Stieg Larsson – When you have a trilogy that could have been edited down to a single book there are bound to be a few readers, like me, who think this ‘thriller’ is slow going.

I haven’t read or heard of anything to do with the other two on the list.

Top Five most abandoned classics:

Catch-22 by Joseph Heller – When people don’t get it then of course they will abandon it. One of the rejection letters for Catch-22 said, “I haven’t the foggiest idea about what the man is trying to say…Apparently the author intends it to be funny – possibly even satire – but it is really not funny on any intellectual level.”

Lord of the Rings by JRR Tolkien – I can see why some people wouldn’t like this book. While I loved it, there are unnecessary characters, events, chapters, scenes, language use… Okay, it’s long and waffly.

Ulysses by James Joyce – At a thousand pages, unless you like an abridged, tiny text, 600 page version, this was never going to be an easy read.

Moby Dick by Herman Melville – I read this when I was in primary school. It made my brain hurt. Very hard to read and spent a long time between the interesting scenes.

Atlas Shrugged by Ayn Rand – Great doorstop, selfish drivel to read.

Reasons for and against abandoning:

It really doesn’t surprise me that the reason most people give up reading a book is that it is boring and slow (46.4%). What does surprise me is that the reason people keep reading a book is not because people are enjoying the book but that they like to finish a book regardless (36.6%). Clearly too many people are reading books that they don’t like. Given the popular books, like the already mentioned Stieg Larsson and EL James, it shouldn’t be surprising. I’ve read instruction manuals with more action than The Girl With the Dragon Tattoo.

I remember working out roughly how many more books I could read in my life. I have averaged reading roughly 100 books per year for the last few years. Now excluding a major accident or the zombie apocalypse, I should be able to continue this average until I die peacefully in my car travelling the wrong way down the freeway at age 90. That means I can only read another 5,500 books in my life! There are more than 8,500 books published every year in Australia, so my chances of reading all the great books I’d like to are slim. We really don’t have time to waste on bad books.

Banned Books: The Huff Post sequel

It seems that the Huffington Post are stealing my article ideas. Only three days after my article lamenting censorship of books, they do an article on the 2013 Banned Books campaign (September 22-28th).

Now I’m not bitter, in fact, I’m currently covered in orange sherbet. So this follow-up article is to add my support to the Banned Books Campaign and talk about the most frequently challenged books of last year. The annual report of the American Library Association had a lot of interesting findings. They are still having problems with publishers allowing them to loan ebooks (sigh – I bet the same arguments were made when libraries first started lending books), the people using libraries still think that they offer a very important service, they have become technology and research hubs for people, but visit rates have dropped a bit. The really interesting thing for me – because I’m not American, let alone a member of an American library, so all of those points are belly lint to me – was the top ten list of challenged books for 2012.

Here is the Office of Intellectual Freedom’s Top Ten List of Frequently Challenged Books in 2012:

■ Captain Underpants (series), by Dav Pilkey (offensive language, unsuited for age group) TA: Exactly what were parents expecting from a book with this title?

■ The Absolutely True Diary of a Part-Time Indian, by Sherman Alexie (offensive language, racism, sexually explicit, unsuited for age group) TA: Oh noes, a young adult book that doesn’t treat the readers like kids!!

■ Thirteen Reasons Why, by Jay Asher (drugs/alcohol/smoking, sexually explicit, suicide, unsuited for age group) TA: Another young adult book that deals with real issues, can’t have that!

■ Fifty Shades of Grey, by E. L. James (offensive language, sexually explicit) TA: An erotica book that is sexually explicit….. Words to describe the stupid, fail me.

■ And Tango Makes Three, by Justin Richardson and Peter Parnell (homosexuality, unsuited for age group) TA: Based on real penguins, must be evil!!

■ The Kite Runner, by Khaled Hosseini (homosexuality, offensive language, religious viewpoint, sexually explicit) TA: Be warned, the characters aren’t white or Christian!!

■ Looking for Alaska, by John Green (offensive language, sexually explicit, unsuited for age group) TA: Written by John Green, so clearly the complainants were too stupid to enjoy the book.

■ Scary Stories(series), by Alvin Schwartz (unsuited for age group, violence) TA: The title clearly didn’t give the game away for some sensitive little souls.

■ The Glass Castle, by Jeannette Walls (offensive language, sexually explicit) TA: Real life is clearly too confronting for some readers.

■ Beloved, by Toni Morrison (sexually explicit, religious viewpoint, violence) TA: Someone clearly thinks that slavery is a lot more fun than the author portrayed it.

The thing I find striking about this top ten list is that the books are all multiple award winners (except that crud by EL James, which makes up for lack of awards with sales to keep a publishing house afloat). As such, I’d hazard a guess that most of the complaints are coming from people who haven’t read the book, nor let their little darlings near a book. We can only hope that next year people are too busy reading good books to complain about them.

Bookstore profitability

With the recent changes in publishing everyone has been talking about who the losers from the rise of ebooks has/will be. I think it is safe to say that publishers are still doing okay, if not more profitable. Authors, well, they have more options than ever to publish and make money. Of course, the speculation around the industry has seen authors being nickel and dimed on advances and shelf stocking.

But the big losers have to have been the bookstores, right? We’ve seen plenty of the big chain stores cease to be, we’ve heard about how much bookstores are battling. I’m not really convinced, since I remember that before the Borders collapse in Australia, there was plenty of evidence of financial mismanagement and not paying for books.

Well, I found this American retail business data for bookstores over the last 5 years. Have a look for yourself and see how well you think bookstores are faring.

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NB: The source for this data covers a lot of the retail sector and makes me think that selling bakery goods is a great idea.

Choosing a location for your story

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As much as I love America, does every crime and thriller novel written have to be set there? Wouldn’t it be great if more stories chose some other locations?

Before anyone jumps on me, yes, I know, there are plenty of stories set in diverse locations. My comment is more about the way writers are so often told that people only want to read stories set in the US, that it has to appeal to the US market. I think we all know that this is a presumption on behalf of the industry for us readers. Let’s try and push for the more challenging locations in the stories we read.

E-book statistics for 2012

I seem to be finding a bunch of cool infographics recently, they are the future of communication (warning, sarcasm may be in affect here). It is always interesting to see what the status of sales, especially e-book sales. Personally, I see the e-book becoming the new paperback within a few years, and I also think that backlists will be all e-books. What will be really interesting is whether authors will be the one controlling their backlists or whether publishing houses will want to grab hold of those. Then it becomes a case of what rates are paid on backlist, because the sunk costs are a frontlist issue, so you would expect a greater author share of sales (although it could be argued that sunk costs are sunk, thus trying to recoup those costs as part of the sale price is bad economics).

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How readers find books

Interesting article that I found a while ago. The study highlights how important it is to have people talking about your book. This is why my book reviews are basically a plug for books I’ve enjoyed reading. Sell it forward.

 

Also, comment if you don’t like the embedded pdf file. This is a little experiment to see if it is worth doing with other things I find.