Licensing and Rights

Agents work for authors and sell books (mostly) to big general trade publishers, but there’s really a partnership at work there. Nearly all the books big publishers buy, and almost without exception those for which big money is paid, come to them from agents. There’s a symbiotic dependency between them.

Publishers depend on agents to sort through the possibilities to discover new talent, develop proposals to a professional level, and handhold and cajole the author through the lengthy process of actually delivering the manuscript a contract calls for. Agents live in a world where the big publishers are really the only source of substantial revenue.

So they have lunch a lot to discuss what amount to joint efforts. I don’t know if it is unique to publishing, but our industry’s convention that the buyer (the publishing editor) pays for the seller’s (the agent’s) lunch must be very unusual. By constantly monitoring what the editors are looking for and are inclined to buy and each house’s current frame of mind of what will work and what won’t, agents get the information that, in turn, directs them to what will sell. What will “sell”, to an agent, means what people who are personally known will want to buy. It doesn’t require the agent to think in terms of what the public will buy; that’s the publisher’s job. The agent’s job is to deliver what the publishers have decided is commercially viable.

There is, in general, a great deal of mutual respect here. Obviously, there is a point where the partnership becomes adversarial: publishers want to pay as little as they can for books and agents want to get as much as they can. But, in general, these competing interests are resolved in ways consistent with the need both sides have to continue working together in the future. There are only six very large houses and only a small handful of others that can occasionally play at that level. And while the agent community is somewhat less consolidated (you can be a very successful agent with only one or two big clients; you can’t be a very successful big publisher with only one or two big authors), both sides do each deal knowing there will be a next deal they’ll want to do with each other coming along soon.

This symbiosis is important to remember when we consider that one of the big publishers’ defenses against disintermediation is their ability to curate, to filter. There is a school of thought (which is an attractive one to publishers thinking about their role in the increasingly digital world of books) that when content choices become more plentiful, reliable branded filters become more valuable. All sides recognize that the principal brand value lies with the author. I am increasingly coming to the view that the big publisher name — Random House or Simon & Schuster — also communicates “value” to the consumer, although it doesn’t describe the potential reading experience with anything like the specificity that the author name does. The agent name, of course, means nothing at all to the public. So the publisher is essentially getting credit for a filtering process for which they are the last step after agents have done a lot of weeding out before them.

Two years ago, when we were organizing the first Digital Book World conference, we foresaw that ebooks would lead to much cheaper and more accessible self-publishing opportunities that some authors, at least, would be keen to explore. When we started to organize a panel on the subject, we learned that the rules of the AAR (which is, effectively, the agents’ trade association, although it doesn’t act as such in many ways because of its highly independent-minded membership and the potential for restraint-of-trade violations) were interpreted by many to mean that agents could neither set up publishing operations nor charge authors for services. In that ancient time, very few agents would openly discuss the possibility of working with authors in anything but the time-honored way of selling their proposals to publishers on commission.

But times have changed. A quick check of recent news and announcements in our office turned up nine agencies with announced digital propositions. These range from Waxman Literary Agency’s Diversion Books, an ebook publisher, to the Ed Victor Agency’s Bedford Square Books publishing arm working through Open Road, to, in most cases, consulting services for the agency’s clients on ebook development and distribution.

The other seven on our list right now are The Knight Agency, BookEnds, Dystel & Goderich Literary Management, McDermid Agency, Levine Greenberg, Curtis Brown UK, and Andrea Brown Literary Agency. There are certainly some we’ve missed. And there will undoubtedly be more in the weeks to come.

The Knight Agency did a really nice job of laying out the suite of services they’re going to provide through their offering. It’s very impressive, including content editing, line and copyeditor referrals, ISBN number assignment, copyright registration, cover copy, cover design and consultation, file conversions to ePub and mobi, uploading files to major retailers, dynamic pricing, metadata, search engine optimization, marketing plans, subsidiary rights, royalty tracking and payments, oversight of existing contracts and obligations, and, down the road, arranging for print publication through POD or other means.

But what really surprised me was that the Knight Agency says they are absorbing all costs except copy-editing and working for 15% of the revenue. The range of services they are offering, even without the copy-editing (which can be anywhere from $500 to $3000 or more, depending on the length and complexity of the manuscript), requires real humans to spend real time doing the work. They seem to be offering to design the cover at their expense, which is a value of anywhere from $200 to $2000. The Knight Agency is undertaking a substantial investment in each book that will be done in this program and, if I’m reading them right, will only get that money back at 15 cents on the revenue dollar before they earn any profit.

That’s a commitment! And even though the service is being offered only to existing clients of the agency (at least for now), it’s an impressive one.

So with that context, I’d offer a few observations.

I don’t know what other agents have planned, but Knight has definitely thrown down a marker that other agencies will be highly challenged to match. (Of course, the first thing to see is how well Knight can do against their own checklist!)

Many of the agents, but not Waxman with Diversion, are specifying that their services are only for existing agency clients. That’s a good way of putting a toe in the water and it’s a good way to minimize the concern of publishers. But it’s not likely to last as the policy for any of them that do this kind of work successfully. If their ebook publishing services actually work and the business is shifting in that direction, why would you turn down an opportunity that came from outside the client base. Why would you turn down the opportunity to offer the same suite of services to all the clients of some other agency that doesn’t want to build this themselves? (That’s an opportunity almost certain to arise for all of them.)

Publishers are also working on self-publishing services. Distributors have been noodling for some time about packaging these services for agents. Knight has promised to do a lot, including a substantial per-book investment, for 15% of the revenue. Are any of these other players now going back to the drawing board to reconsider their pricing? I would think so.

How everybody is going to feel about these agent service offerings is going to depend a lot on how they’re used. To the extent that they are used as leverage by authors with big backlists to push publishers to higher ebook royalties, the big houses won’t be pleased with them. But if they turn out primarily to be “farm systems”, giving exposure and building awareness for an author who can then “graduate” to a “real” publishing deal, everybody might be all smiles. If that’s what happens, these services become something like the new digital world’s equivalent of an agent getting an author to write a piece for the New York Times Sunday Magazine or to start blogging to build a following: a career-building step that leads to a major house. If that ends up being the prevailing effect, everybody will be smiling.

Let’s remember that Amanda Hocking went from self-publishing to a major publisher deal and that Barry Eisler decided that taking Amazon’s offer to publish him was more appealing that truly doing it himself.

Perhaps for as long as five or ten years, the print component will remain an important part of any book’s total revenue potential. None of these agents can do much to help there (although a distributor could.) Even if what Knight offers turns out to be high quality across the range of services and what they’re offering to cover out of their pocket versus what they’re planning to take in revenue is sustainable (hard to say from here), they’re still going to want to sell lots of books to publishers. Will this service offering help them or hurt them in that regard? Will publishers see them as developing competition? Or will the commercial proposition of each book on offer remain the key element of each negotiation?

We’ve come a long way in the past two years, from a time when many agents thought getting involved with self-publishing was a non-starter to a moment now when, in the words of one agent I spoke to last week, “none of us has any choice” but to provide digital publishing advice or capabilities to their clients. The next two years will probably bring much more change than that.

We’re putting together a new Publishers Launch Conferences show called eBooks for Everyone Else for both New York (on September 26) and San Francisco (on November 2). More details will be announced shortly. “Everyone else” is anybody without an IT department, and we always knew agents would be an important part of our audience (along with authors and small- and midsized-publishers) and our program. Looks like that show will be very well timed.

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Last year at this time, the people I know in the consumer electronics world were saying that Christmas 2010 would be the season of the ereader. That proved to be correct, resulting in both a sharp surge in ebook sales in early 2011 and, according to Pew data, a continued acceleration of ereader adoption in the first six months after Christmas.

This year is expected to be the year of the touch-screen tablet computer. With tens of millions of iPads already in consumer hands and a plethora of devices with Windows or Android operating systems coming on to the market this Fall, the shelf space in the consumer electronics stores is positioned to fulfill that expectation.

And somewhere between the monochrome eink ereader and the tablet we have the Nook Color, which has a color screen, some tablet-like capabilities, and more of an ereader-like (cheaper than a tablet by half) price.

I don’t know exactly how many of these devices are out there; it is hard to pin that down. But Apple has apparently sold around 45 million iPads and is on track to sell 100 million iPhones this year. Those are global numbers. They are reputed to have about 75% of the tablet market now, although that percentage will surely drop as competition proliferates. The tablet shipments for 2011 are estimated to be in the neighborhood of 53 million. Gartner says there will be nearly 100 million smartphones in use in the US by the end of this year.

That’s an awful lot of portable screens on which people can well view much more than type on a page.

It was becoming obvious a year ago that the children’s publishing business was being joined by digital competitors betting on the fact that the widespread distribution of color touchscreens would open up opportunities for children’s product that hadn’t existed before. And since publishers have tried to improve on simple book technology for young consumers for years — think about pop-ups, die-cuts, and computer chips that made the books talk and sing — it seems like a reasonable assumption that more and more parents will hand their kids the iPad to “read” in the car (or in bed) rather than a book.

When making book-like product for young people to be consumed on a color touch-screen device, employing many of the “tricks” of enhancement: audio, animation, and interactivity, is obviously called-for.

But as tablet use spreads, should we also expect to see expanded opportunity for illustrated books? My guess is that the answer to that is “yes”, but figuring out exactly what the cost-effective and reader-attractive solutions are to present illustrated books for the new display opportunities is far from self-evident. We’ve sold illustrated books to adults for years without the need to do anything except put ink on paper.

Last month, FutureBook held a conference in London about new product development. The takeaway seemed to be “nobody is making any money”. What was revealed about development costs and sales pointed to large losses. But if the number of devices which can effectively display these enhanced or enriched or app-like book-based products grows like Topsy, we should see the revenue potential go up.

At the same time, new players are developing tools to make the costs of development go down. Every day publishers have developers knocking at their door looking for content to test and develop their systems for new product construction. At this point, it appears that many of them are willing to work either of two ways: fee-for-services or development-for-a-share. For publishers, this adds organizational complexity to the deal-making since the arm of a publishing company that usually sells licenses (subsidiary rights) doesn’t often make publishing investment decisions (editors and publishers) and they could be choosing between the two models with any developer.

Illustrated books can hit the digital market through two paths: they can be an “enhanced ebook” or they can be an “app.” The distinction has largely been one of capabilities: apps are platforms that can support far more capabilities and interactivity than an ebook. But that’s changing. The developers of the epub standard (epub is the industry-approved format that makes books “reflowable”) are building in support for functions that used to be the exclusive domain of apps.

At least until now, apps have generally cost more to develop than ebooks, have been sold in an app store environment that is less search- and user-friendly than the various ebookstores are, and apps are generally much less expensive (for the consumer, not for the publisher) than ebooks. This has been an unattractive combination for a content-seller. App pricing is driven by many models that are independent of profit from the app sale itself. So far, the ebook business model is like books: the publisher makes money selling the content, not from any other activity.

When ebooks for narrative text were young, the term and concept we all had to learn was “reflow”. It is necessary to deliver text in a format that can be adjusted, or “reflowed”, to fit the screen size and font size selected. As we know, among the great advantages ebooks offer is that the user can change the type size, which changes the number of words in a line and the number of lines the screen can display. Another great advantage is the ability to read the book on multiple devices, which also requires the capability to “reflow” because the screen on your phone isn’t the same size as the screen on your Kindle or Nook and your iPad (which aren’t the same size as each other!)

The new term and concept we’ll need to learn in the illustrated ebook era is “fixed page layout.” That means delivering the page in a way that does not reflow, so that artwork and text maintain the same positions in relation to each other. Of course, that means that different size screens will require different fixed pages. You will have to actually design an illustrated book (or most of them anyway) for each form factor. In fact, you’ll frequently have to do it twice for each form factor to accommodate the page being viewed either portrait or landscape, a change the user can command with a flick of the wrist.

That’s time-consuming and expensive. And that’s just the beginning of the challenge. Here’s the really hard part. We have 500 years of experience figuring out what makes an illustrated book that the person holding it will find appealing and useful. Designers learned how to use spreads (placing content across two facing pages), which don’t exist on digital screens (unless they are artificially created there.) They learned how to use sidebars to hive off some content from the narrative flow. They understand how to approach things differently if they’re designing primarily for function, like a cookbook or a crafts book, than if they’re designing for beautiful pictorial presentation (your classic “coffee table book”).

When we get to the digital version, we have the opportunity, or perhaps we should say the temptation, to add much more, not just change the layout. There will be many situations, particularly in how-to illustrated books, when a video would be more useful than a still photo. One can add animation, sound, and functionality that can test or measure or calculate.

But, in fact, just the “fixed page layout” (different for the iPad than the iPhone, of course) along with the simple ability to put the pictures on their own page with pinch-and-spread capability, could add enormous value to the user (quite aside from the portability and reduction of weight that are inherent in moving from print to devices.) Whether you’re talking about a collection of beautiful pictures of Paris or of puppies, being able to blow up a picture to be able see a close-up of a part of it could be an enhancement that costs nothing to deliver.

And if that were all the value you needed to add, many books could be switched over for iPad viewing with a minimum of redesign. (But not all. One person I talked to last week talked about a book he was working on that had text on the left-hand pages referring to full-page photos on the right-hand pages. It has to be completely rethought for digital presentation.) What I’m thinking is that the beautiful pictorials — the coffee table books — might be the best and simplest things for publishers to move over to digital to start capturing revenue from those tens of millions of screens.

Best and simplest, of course, except for the rights issues.

This post is written with an admittedly short-term view. The interaction between content and users will sophisticate both iteratively and unevenly. My presumption (this is faith and intuition, not fact) is that those of us steeped in the habit of immersive reading will retain that desire so that the erosion of audience for that material will be very slow and probably mostly generational. Therefore, investments in enhancement of that kind of book will be hard to recover.

Illustrated books definitely are different. Digitally-enabled enhancement can add indisputable value in some cases, overcoming real limitations imposed by print. My guess is that books whose purpose is to feature fabulous art or photography can deliver added value with screen presentation with a minimum of additional investment or trial-and-error. At least for a while.

It has long been my contention that simpler digital products which are inexpensive to make are far more likely to make money than complex ones. Getting repaid for delivering everything the tech can do is very hard.

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The experience of the most successful self-published author I know of, just described in his newest book, makes a powerful but unintended case that authors who want to really make money are still better off with a publisher.

I discovered the author John Locke a few months ago when I was learning a bit about the self-publishing world from Joe Konrath and Barry Eisler. I tried one of his 99 cent books and loved it. Now I’ve read four. He strikes me as a cross between the long-dead Jim Thompson and the very current Carl Hiaasen. More sophisticated readers than I have told me his plots are derivative. None of the books struck me that way, but it could well be that savvy acquiring editors would have dismissed him if had no track record of commercial appeal.

Locke has just published a new book explaining (and titled) “How I Sold One Million eBooks in Five Months”. It reveals a hard-working, tightly-focused, very sophisticated marketer with a clear plan and the discipline to follow it. Every self-publishing author should read it, of course, which is the market Locke identifies. One of his key tenets is to really understand whom a book is intended for so that the content itself and the marketing approach are always aimed at precise targets.

One of the problems Locke sees with publishers is that he thinks that they will always push to broaden the appeal of a book, which he thinks would diminish its appeal to the core niche audience that he sees as the key to successful author brand-building. I’m about to reinforce that stereotype because it is obvious to me that he really missed identifying a key target audience with his new book. Editors and marketers in publishing houses ought to read it. They have a lot to learn from John Locke’s insights and techniques.

His book will help them make better publishing decisions and marketing decisions. His book will help them make more money.

But if John Locke’s also interested in making the most money, he ought to rethink whether issuing his books at 99 cents without a publisher is really the best commercial strategy.

Let’s do the math. Locke has sold 1 million ebooks at 99 cents each. He gets 35% of the revenue, so that amounts to something less than $350,000 (credit card fees are deducted from the net). There are some production costs involved (he hires a cover designer and he gets help formatting his books), so knock off another ten or fifteen grand. That means his net for nine novels averages out to about $35,000 each. He’s getting no apparent revenue from print and he’s getting no print exposure in stores which would further stimulate online sales. At 35 cents per copy, he’s earning less than the per unit royalty he’d get from a publisher selling his books for about $2.99, the point at which the 70% payment from agency re-sellers would kick in, even if the publisher didn’t yield at all on the now-prevailing 25% royalty standard. And if his books were $9.99, he’d be getting $1.75 a copy from a publisher, or about five times what he’s getting now.

Of course, if Locke himself sold the ebooks at $2.99, he’d be taking in six times more per book, or about $2.10 a copy.

But, either way, he seems to be leaving a lot of money on the table. Without a publisher’s efforts, he’s certainly leaving a lot of marketing on the table too. And the print in stores is only the single most important part of it. Selling even a modest 10,000 hardcovers would net him in excess of $20,000 in royalties, or more than half of what he’s averaged so far from each of his ebooks.

It would be facile, and I think it would be mistaken, to attribute Locke’s success primarily to the fact that his books sell for 99 cents. In fact, Locke himself bristles at that notion. He points out in his new “how-to” book that there are a lot of authors selling for 99 cents that haven’t achieved the sales that he’s achieved. He downplays the degree to which that would be due to the appeal of his writing but instead attributes his sales to his thoughtful and systematic marketing efforts.

I agree that his thoughtful and systematic marketing efforts are more important than his 99 cent price. (That’s sort of the point to this whole post!) But there is nothing about what he’s done that couldn’t be just as well done to support a book from a publisher that is in hardback at $20 or more and is a $9.99 ebook. Would he sell as many as the 100,000 or so units he’s averaging per title that way?

Nobody knows for sure, but with the same effort on his part and the additional marketing, exposure, and accessibility he’d gain with a publisher, my own hunch would be that he’d sell more. I’ve read four of the books featuring his major character Donovan Creed and I’m nowhere near sick of him yet. I’m as cautious as anyone about generalizing from my own experience, but I know that if the next one were ten bucks instead of one, it wouldn’t deter me. I pay ten bucks or more for most of the ebooks I read, as do a lot of people.

One of the things that the ebook retailers know for sure but that publishers can only guess about is the degree to which the purchasers of 99 cent books are a market separate from the purchasers of “branded” books at $9.99 and up. Many believe, and I’m among them, that there are distinctly separate groups of buyers here and that people like me, who mix it up, are the exception. If that’s true, there would be some risk for Locke (and to an acquiring publisher) in switching him over to a model which requires that he get his success from a different pool of customers and makes it hard for his existing readership to come along.

But if the markets are distinct, there is also some great potential reward. If there are people who only choose from the cheap books, there are also people who want to choose from the professionally validated books, the ones from the major publishers. The more you believe the markets are distinct, the more opportunity there could be for Locke in using what he’s done to launch himself independently as the springboard to a career as a published author with a major player.

Amanda Hocking succeeded with an independent effort but then signed with a major house. Barry Eisler intended to leave publishers behind and do it himself, but quickly found that Amazon’s publishing program — how long before we start referring to the Big Seven? — actually suited him more than doing-it-himself. Now we do the quick math on Locke and find that it constitutes a weak argument for the economic benefits of self-publishing.

It is important to for us all to remember that we’re still in a world where most of the books are sold in print and in stores; that this is more true outside the US than it is here; and that it will remain true outside the US for quite a while longer than it will here. The challenges of the digital age for publishers are very real and the self-publishing option is much more viable than it was a decade ago, or even three years ago. But there’s still plenty of life in the legacy model. I’d be surprised if some big publishers aren’t preparing offers for Mr. Locke that he’d be obliged to consider seriously if his goal is to make the most money from his writing that he possibly can. If Amanda Hocking could get $2 million for four books, how well is John Locke really doing financially getting less than 20% of that for nine?

The most frequently persuasive argument I can think of for self-publishing is speed to market, particularly for an outsider who doesn’t even yet have an agent. Finding an agent takes time. Getting a proposal up to an agent’s professional standards takes time. Publisher consideration and contract negotiating following offers take time. All of this can often take a year or more; it is rare to accomplish it in six months. And then the publisher will need persuasion to deliver it to the market in less than six months. (This is not irrational on the publishers’ part; maximizing sales in print still requires a long runway because the planning in mass merchant outlets requires assigning specific titles to slots many months in advance. That’s a marketplace reality, not an invention of publishers.)

I think self-publishing as a path to publisher discovery may become a new standard and, if it does, the ebook operations being set up by literary agencies may ultimately be viewed in a different light.

My prediction with Locke is that he will end up getting an offer he can’t refuse from a publisher to create a new character. The Donovan Creed series and his westerns will continue to be issued for 99 cents, but something new will be done the conventional way. And, unless my hunch is way wide of the mark, for the next several years the ones done the conventional way will make Locke a lot more money.

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There are lessons that can be taught or learned in one segment of publishing that can then apply to another. Well over a decade ago, Mark Bide and I were discussing the business model for journals. The way it works is that the university pays the professors a salary and rewards them with promotions and tenure for writing publishable material for the journals. Then the journal publisher pays nothing for the article (although they spend lots of money managing peer review and doing other things associated with editing, curating, and delivering the content.) Then the university pays for the IP all over again by buying (now licensing) the journal.

From our earliest understanding of the Internet and its potential for disintermediation, this seemed like a very vulnerable model. “How will we know when there’s a problem developing with the model?” I asked Mark. “When the publishers are having trouble getting submissions,” he said. “The problem will become obvious on the supply side before it becomes obvious on the demand side.

One of the challenges for a retail player trying to be a publisher is the difficulty of getting other retailers to play along. Even the most dominant US retailers, Amazon in the online world and Barnes & Noble in brick stores, don’t have a total monopoly on the customer base. People buy books online through outlets other than Amazon and people buy books in stores that aren’t owned by Barnes & Noble. And, of course, either of the two delivers grossly incomplete access to the total customer base without the other.

Barnes & Noble has been acquiring content directly for a long time. They’re very aware of the dichotomy between having a monopoly on content for your stores’ benefit versus making it more broadly available in the content’s best interests. Almost from the minute B&N acquired Sterling, Borders stopped stocking Sterling books (a problem that matters much less today than it did a few years ago.) And Sterling had a real sales force, retailer-friendly sales policies, and all of the systems necessary to support moving their books through intermediaries. Amazon does not.

Amazon took the first steps to fill that gap by making a deal with Houghton Mifflin Harcourt a few months ago, giving HMH a right of first refusal (apparently) to purchase paperback rights (excluding Amazon, we’d assume) to the books Amazon was publishing through their proprietary imprints. I have no inside information, but I would assume that one of the things Larry Kirshbaum will figure out early in his new role there will be how to get real print book distribution for the books he will be acquiring.

Amazon’s strategy appears to be that they’ll use their checkbook, the offer of 70% ebook royalties from the most powerful ebook platform, and their close connection to the online consumer, to get the books they want on the terms they want. And what they seem to want most for the books they pay for is “Kindle exclusive”: the ability to build up an inventory of titles available through Kindle but not through Nook, iBookstore, Google, or Kobo, let alone the stores here and abroad served by Ingram and OverDrive.

Barnes & Noble is familiar with that idea. They wouldn’t let other stores sell their Sparknotes study guide line. They never made it generally available through Sterling’s organization because they perceived value in having it be uniquely available through their stores and online channels.

But they didn’t avoid that dichotomy. The value they perceived is to the retailing entity, not to the content holder. Since their retail business was something like 50 times bigger than Sterling, it might not have been seen as a terribly difficult decision even though the content holder is always better off if the book is sold in as many places, online or offline, as possible.

Last week, PW did a story introducing Amazon’s “summer list”: ostensibly the books being published by them in the next few weeks. Obviously, these books were signed up before Kirshbaum’s arrival.

I’m not a bookseller. I have no expertise to apply to look at a list of books and decide what should be in any particular bookstore. But nothing on this list looked like a “must have” for an independent bookseller. To make sure, I reached out to a smart one I know and asked her to look at the PW list. “Would you stock these books?” was my question.

Her answer was interesting. “I don’t know about any of these,” she said. “For the most part, I learn about books by sales reps visiting our store and telling us about them. Nobody has ever told us about these.”

I had my staff do a little bit of searching. We couldn’t find a consolidated list of Amazon’s summer offerings online. What we found was the press release announcing 32 titles that PW referred to, but that release only listed 19 of the 32. We couldn’t find anything on any of these books at the Houghton Harcourt web site. We were able to find 14 more titles by looking under the various Amazon imprints (including Seth Godin’s Domino partnership with them) for a total of 33 coming or having been released from last March through November. Is this the “summer list”? Maybe, with global warming…

We found nothing about any of the titles on the Houghton site. Oddly enough, they did publish a prior title by one of the Amazon authors, Max Allen Collins, but they haven’t listed the current one, a collection of short stories.

(Here’s an ironic thought. You think Amazon will place an ad in the PW Announcement Issue to get this all straight?)

So, as far as we can tell, the Amazon summer list contains very few books that the old publishing guard, publishers or booksellers, will suffer much for having missed.

Except, of course, that maybe Amazon can create demand among the millions of online customers they have for books and ebooks. If they do, and the word of mouth grows to a point that independent booksellers find they must stock these books, Amazon will really have created a new publishing paradigm. That certainly seems to be what Godin is counting on.

Nobody — or at least very few — outside Amazon knows what new capabilities will be put in place to support the publishing programs Kirshbaum will build. Barry Eisler indicated at our Publishers Launch BEA conference that he had received a six figure advance for the book he just signed directly with Amazon to publish. He seemed to expect, or at least had hopes for, a robust bricks-and-print strategy along with his high ebook royalty. But he’ll have the same problem with Barnes & Noble and independents that Sterling had with Borders: it will take the perception of a very high level of demand to compel them to stock a book from a company they think is taking the bread right off their table.

A related development is that Arthur Klebanoff, one of the original ebook publishers founded on the idea that the big publisher standard of 25% ebook royalties creates opportunity for entrepreneurs, told the British AAA (the agents) this past week that he’d be delighted to publish their backlists and pay a 50% royalty. To agents who are already planning to do this themselves (and quite a discussion has broken out in the UK about whether that is a legitimate thing for agents to do; the AAA has decided it is) Klebanoff points out that things can go wrong with ebook publication (it might not sell, for one thing) and agents would be wise not to jeopardize their relationship with an author client when there are alternative ways to get a high royalty.

Klebanoff seems here to be jumping squarely into competition with Jane Friedman’s Open Road, which has been signing up content with very much the same pitch. (Open Road also has other attributes to tout, primarily some very talented digital marketers and a focus on developing tools and techniques to do that work effectively.)

Meanwhile, other agents are setting up their own digital publishing capabilities and service offerings continue to mushroom. Agents tell me — two were in the office this week talking about this — that their authors are frequently asking about self-publishing.

Does the insight Bide offered to me late in the last century about scholarly journals end up applying to trade publishers? Will the most obvious sign of a challenged model become the resistance of authors to their blandishments and their advances? There seem to be a lot of entities betting on the idea that it will.

It is worth noting here that there’s one dog that hasn’t barked. Richard Curtis was the first ebook publishing agent. He set up his E-Reads business over a decade ago. He also pays 50% royalties. Richard did not create E-Reads to compete with publishers on royalties but because when he did publishers just wouldn’t do the ebooks. He has built his enterprise since that time to nearly a $1 million annual business (meaning that he’s delivering half-a-million a year to authors for properties that, at least until very recently and perhaps still, would never have been put into ebooks by a publisher.) But his name is noticeably absent from the chorus using higher ebook royalties as a public prod to bedevil publishers.

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It looks like we’re going to have a bit of an unintended debate stretching across several of our panels at the Publishers Launch show in London. Since I’m the guy who put the show together, I can speak with authority to the fact that it was really unintended. But I consider it serendipitous and proof of Branch Rickey’s axiom that “luck is the residue of design”.

I first started probing the question of new business models for agents two years ago when I was organizing the first Digital Book World conference. I had been asked by F+W Media to create a program that would be (in their words) “more practical” than they found Tools of Change to be. I was in partnership with O’Reilly at that time working on a “StartWithXML” show to take place in London. I wasn’t really looking for a reason to compete with them; we were collaborators.

But as I thought about what they did (which I like) and what I might do, I realized that our approaches would be different and our shows would be different. In my mind, the clearest delineation of the difference was that I put agents squarely into the middle of our show planning. This move is a bit counterintuitive in the conference business since agents have never been big ticket-buyers for the industry’s digital education events. But I thought then — and events have subsequently confirmed — that agents were key actors in the digital transition. You can explore the tech challenges of digital change without them, but you can’t really think about the changing economics of trade publishing without bringing them into the conversation.

What seemed logical then — also confirmed by subsequent events — is that agents might become ebook publishers. This had actually happened a decade before, when agent Richard Curtis set up his E-Reads business at a time when most publishers just wouldn’t do ebooks for most titles, if at all. Richard had run into political problems with the agents’ association (AAR) which I believe he headed at the time. They have a code of ethics which could be interpreted to prohibit an agent-publisher such as he had become. In fact, I was a bit surprised (but definitely sensitized and enlightened) when a good friend of mine who is a successful and highly ethical agent told me she couldn’t possibly participate in a conversation that might be seen to endorse the idea of agents becoming publishers.

We put together a panel on “new models” for agents at DBW 2010. We repeated it last year (even though there’s a natural reluctance to repeat things year to year), and we surely are going to include the topic at DBW 2012 next January.

And that brings us to what is going to happen in London on June 21.

We have four prominent agents speaking on different panels on the program. At least three of them are likely to renew the conversation about whether an agent can become a publisher and still be a credible representative for an author.

One of the panels I’m most looking forward to on that day is called “An Emerging Opportunity: Selling into the US”. Charlie Campbell, an agent at Ed Victor Ltd., will participate on that one. We wanted Charlie on the panel based on a conversation we had with him a few months ago about the possibilities he saw for his office’s clients to capture sales in the US through ebooks. When Victor’s office announced the creation of a new publishing operation to handle their own authors’ books, our interest heightened. So Charlie will be explaining how that publishing operation will work and how it benefits the authors in their stable within the context of capturing US sales from a UK or Ireland base. His fellow panelists will be publishers.

Our last panel of the day has Michael Cader and me interviewing four leading luminaries of UK publishing. Three of them are publishers, but the fourth is the agent Jonny Geller of Curtis Brown. Curtis Brown is frequently rumored to be about to start an operation similar to what Victor has announced. (In the US, by the way, agent Scott Waxman — a member of the DBW Conference Council and one of the original participants in our conversations about this — has created a publishing adjunct to his business called Diversion.) Our focus in that panel was not intended to be on the ethics of agents starting publishing companies, but now I think the topic is likely to arise.

Why? Because a third agent on the program that day, Peter Cox of Redhammer, has placed it front and center with a post he published yesterday called “Your Agent Should Not Be Your Publisher”. Peter is on a panel about “Innovation in Marketing and Business Practice.” He caught our attention because he’s been training his authors in digital marketing for years and because he told us he was thinking that the agent’s model had to change to handle fewer clients for a higher-than-standard percentage of the revenue. We didn’t ask Peter at the time how he felt about agents becoming publishers.

It turns out he is very firmly against it and is very clear and articulate about why he thinks that. The moderator of that panel is Richard Mollet of the Publishers Association. I’m sure his membership will very much want him to invite Cox to expand on his ideas. Cox’s panel takes place after Campbell’s but before Geller’s. The juxtaposition of the commentary across the panels will probably be of great interest to the audience and should make for some very interesting tweeting. Maybe we’ll need a special hashtag just for #agentsaspubs!

It was the fourth agent on the program that we thought was going to have the trickiest assignment. David Miller of Rogers, Coleridge and White Ltd. will be discussing “Territorial Rights and Open Markets” with Richard Charkin and Toby Mundy. Since the future of both practices depends very largely on what agents will agree to as the publishing landscape changes, I had thought David had the most politically challenging conversation of the group. It turns out that he’s excused from what will certainly be one of the most controversial aspects of the day’s discussions, although in our very open format, everybody’s free to say pretty much what they want. Perhaps Philip Jones, the moderator of that panel, will want to touch on this question with his panel as well.

It might be that at Publishers Launch Frankfurt we’ll stage this more directly as a debate (but that’s a crowded program and it might be hard to fit it in). You can bet it will be aired thoroughly at Digital Book World next January. And you can be pretty damn sure we’ll be generating some news on this topic (and others too, I’m sure) out of “A Global View of Digital Change”. If you’re in (London) town on June 21, you ought to be there.

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The first Publishers Launch Conferences show outside the United States, “A Global Perspective on Digital Change”, will be at the Congress Centre in central London on June 21, with the Publishers Association serving as our partners in putting on the event. We also owe special thanks to the PA’s group of Digital Directors, who were extremely generous with their time and insight. If you can be in London that day, you couldn’t find a better way to spend it than with us.

We’re still putting the finishing touches on what will be a one-day conference packed with illuminating conversation, but we can tell you quite a bit about it already. We aim to deliver strategic, practical, and focused discussion of near-term issues and opportunities. This won’t be a showcase for cool products or a venue to debate what the future might look like some day. We’re examining essential issues — ebook “export” opportunities; what happens to territorial rights; hiring and retraining to meet today’s challenges; revamping publishing systems for a dual print and digital paradigm; getting “found” on digital shelves — that publishing professionals should focus on now to thrive in the days to come.

The UK market is in between the US and the rest of the world in its migration from print to digital reading. Kindle and iPad sales really took off last Christmas and, while ebook penetration may be a fourth or less of what it is in the US, it has grown enough to be disruptive and to generate a consensus acceptance that very substantial change in the industry is inevitable.

On the one hand, my PLC partner Michael Cader and I have followed the developments in the US very closely so we have some firsthand experience with some aspects of what the UK trade is going through. On the other hand, we know history won’t repeat itself precisely. There are important differences in the markets and there is a substantial group of companies with experience and capabilities developed in the North American market that can hit the ground running in Britain or anywhere else in the world. That alone will make everybody else’s experience different than what happened in the US.

In order to be sure we were talking with the UK industry, not at it, we took some preparatory steps. In February, we put a large number of ideas for panels and topics up on Survey Monkey and invited 70 players in the UK book trade to express their opinions on them. In five days, 40 of the people responded.

Then we followed up by spending three days in London meeting with about 50 people to discuss our ideas and theirs. Our partners at the PA provided invaluable assistance, hosting our conversations and inviting us to join a regular meeting of the Digital Directors to get the insights of the most knowledgable people in the UK market. Those conversations were crucial in helping us focus properly on topics and in locating some key sources of insight. Frankly, despite our long experience working with the British publishing community (I have visited London on business three or four times a year for 35 years), putting this conference together would have been impossible without the help we got.

But because of that help, I think we’ll be presenting the UK publishing community with a lot of very useful discussion that hasn’t taken place at the many prior gatherings that have discussed book publishers and digital change.

One topic that we identified very early is the opportunity we see for publishers in Britain and Ireland to sell into the US market now without payng for a distributor infrastructure or taking an inventory risk. When we started to explore this topic, we learned that, of course, people are definitely starting to plan for it. Some are starting to exploit it. This was something we thought should be happening below the radar, and it is.

This is a peculiar opportunity, because it might be more important for independent UK publishers large and small than it is for the biggest global players. We’re still filling out the panel for this one, but we have Helen Kogan of Kogan Page, an independent whose company was already working in the US market (and therefore has some helpful experience to pass along) but who is seeing the expanded opportunity presented by digital, and Jean Harrington of Maverick House Publishers in Dublin. Jean is also President of Publishing Ireland and we invited her to join this particular conversation for a reason. The Irish diaspora in the US has a particularly strong identity with the old country and we expect books of Irish history and Irish fiction will find a substantial additional market through ebook sales in America.

We’re working on adding another British publisher and an agent to that dialogue.

Another topic arose out of a conversation that longtime UK consultant Mark Bide and I had while we were at Tools of Change in New York in February. How long will it be, I wondered, before half of UK sales are digital? Mark said he wasn’t sure about the timing, but he was sure that the publishers’ systems, overhead allocations, staffing, and infrastructure would require a lot of adjustment to be ready for that day. That’s a good conference topic, we thought.

Then, in our conversations at the PA 10 weeks ago, Anthony Forbes Watson, the MD of Pan Macmillan, told us he had charged his team with thinking through the question exactly as we had defined it. Anthony wants to know “what does 50% ebooks look like? What do we have to do to be ready for it?” The next day we talked to James Long of Pan Mac who told us that, yes, he was actually the person in the company with the primary responsibility for thinking this question through.

We decided the best frame for this conversation was “thinking about the future.” James, as he will tell us on June 21, is largely focused on what Pan Mac needs to do in systems development and integration, workflow changes, and skills development to be ready for a 50% digital world.

But there are two other aspects of preparing for the future we felt could be illuminated by other panelists we recruited.

Perseus, a US company whose Constellation division that provides digital services to smaller publishers is a global sponsor of Publishers Launch Conferences, is one of several companies in the world (Ingram in the US is another; so might Random House be in the US and the UK) that are investing in warehouses and print book distribution capabilities at precisely the time many publishers are disinvesting in them, precisely because they know that most publishers will have to disinvest in them. They’re trying to be there for publishers who want to dispose of fixed cost overheads for the shrinking print book market. We put Rick Joyce of Perseus into this conversation to cover the sensitive topic of consolidation on the physical side (a subject that Dominic Myers, the MD of Waterstone’s, famously put on the UK publishing community’s agenda a couple of months ago.)

Copyright Clearance Center, the US RRO which is also a global sponsor of Publishers Launch Conferences, has steadily called our attention to another industry-wide challenge: the need to manage rights more effectively and on a more granular level to take advantage of emerging opportunities to license chunks and fragments for apps, ebooks, and web sites. We thought that the voice for this topic in London should be local, and we were pleased that Sara Faulder, head of the Publishers Licensing Society, agreed to join this conversation.

Mark Bide has agreed to moderate this group in what I think will be a dialogue about publishers and the digital future unlike any the audience will have heard before. (Except, that is, if they are at our Publishers Launch BEA show on May 25, where we’ll have a different version of this conversation, one more focused on export and rights sales than infrastructure, but also covering the change we’ll see to selling more and more fragments.)

We’re not above stealing our own ideas and giving them a local spin. One panel that was extraordinarily successful at Digital Book World last January was one we describe in shorthand as “new skill sets”. It’s about capabilities publishers need to get that they don’t have and it is about process and workflow changes and the use of cross-functional teams as well as hiring in or training people with new skills. Charlie Redmayne of HarperCollins did that panel for us in New York in January and is reprising it at our BEA show. In London, he’ll be joined by Juan Lopez-Valcarel of Pearson and Jacks Thomas, the CEO of Midas Public Relations, on a panel moderated by Jo Howard of Mosaic Search & Selection Ltd. One of the key elements in the New York discussion of this, which we expect will arise again in London, is “when is it best to hire in the skills and when is it better to retrain the people I already have?” This is a subject every publisher needs to be thinking about that isn’t discussed in public very often.

We’ll have three of the top digital leaders of UK houses — George Walkley of Hachette, David Roth-ey of HarperCollins, and Sara Lloyd of Pan Macmillan — joining Michael and me for a dialogue about the big companies who have cut their teeth on the US market and are now taking their capabilities worldwide, starting in the UK. We’ll be talking about Amazon, Apple, Google, Kobo, Ingram, and Overdrive (the six clearly-declared and clearly-capable global ebook players) as well as Sony, aspirants like Copia and Blio, and US titan Barnes & Noble (which has shown no clear signs of global interest yet.) It looks to us like there is only one UK player with a global perspective, still-tiny cell phone provider Mobcast, but we’ll be learning from our panelists whether there are others we should be considering. And our audience will learn more about the North American companies which are bound to be a big part of the local market’s ebook life in the years to come.

We’ve reached a time when “metadata” is an important subject to discuss, no matter how dry or back room it has seemed. We were fortunate to get Graham Bell of EDItEUR to moderate a dialogue about this for us. He’s recruited Jon Windus of Nielsen and Karina Luke of Penguin to discuss it with him. We’re now looking for a retailer to join them. The condition of metadata in the marketplace is not good enough in enough places yet. This is costing publishers sales. This panel will explain why that is and what every publisher should do to make sure this isn’t a huge hole in the side of their boat as online sales, print and digital, grow and the impact of metadata grows right along with them.

We are also going to have a discussion of the future of territorial rights. Richard Charkin of Bloomsbury, a well-known skeptic about them, and David Miller, an agent with Rogers, Coleridge and White Ltd., have agreed to participate. We’re looking for a full-throated defender of the current territorial regime to join them in what will be more of a conversation than a debate. We wonder whether territorial rights make as much sense in a 50% ebook world as they do in the 5% ebook world we might now be in. The agent’s voice in this conversation might be the most important one because, after all, they decide whether the deals are acceptable or not.

One thing that the territorial rights dialogue will certainly entertain is what we should expect to see in terms of author initiatives. That topic is bound to come up in two other discussions as well. There’s one we’re now calling “experiments, best practices, and out of the box thinking” which is really about innovation. But we are going to focus on innovation in business models and practices and innovation in marketing, not on product innovation. We are still working on putting this group together, but we were very impressed with our preliminary conversations with two of the panelists.

Marc Gascoigne is at Angry Robot, a sci-fi imprint started by HarperCollins and then bought by Osprey. Angry Robot’s better mousetrap is its community focus; Gascoigne will make the case that doing that right (which many publishers say they want to do) requires that everybody, and that means every editor and everybody else, communicate directly with the audience. It is hard to see putting that across in many established trade houses.

Richard Mollet of the PA will moderate the conversation with the innovators.

Also on that panel will be Peter Cox, an agent with Redhammer. Cox is changing his own business model (providing more in the way of services to his authors, but charging them more for it and looking to represent fewer authors, not more) but he’s effectively changing the author-publisher relationship as well by making the author an active marketer and community gatherer. He’ll have examples and he’ll have ideas that will challenge the thinking of many publishers and agents in the audience.

The last panel of our day is intended as a Grand Finale. Michael Cader and I will sit with Stephen Page of Faber, Rebecca Smart of Osprey, John Makinson of Penguin, and agent Jonny Geller of Curtis Brown. We’ll get their take on the speed of the ebook takeup and its consequences.

How will British publishers cope in a market that may soon have no full-line bookstore chain? How will the industry cope with the rise of self-publishing? Is there any real danger of a consolidated English-language world in which London becomes subsidiary to New York? Or, in some companies, might it be vice-versa? Will both agents and publishers be changing the core business models which have prevailed for the past century over the next few years?

What excites me about the last panel — aside from the sheer smarts and savvy of the people we got to join us — is the diversity of their perspectives. The publishers run companies of different sizes and with very different approaches to building their publishing lists. The agent joining us has gained a reputation as one of the most digitally savvy players in the UK market. Michael and I thrive on spirited conversations with very smart people; we think we’re going to finish the day very stimulated and with big smiles on our faces.

And we think our audience will too.

Of course, before we get to London, we’ll be running our “eBooks Go Global” show aimed at international visitors and their trading partners at BEA. At that show, we’re particularly excited about two panels we won’t be doing in London. One is with a few booksellers already working with the new Google Ebooks capability reporting on how it is functioning for them. The other takes a slightly different approach to the “selling in the US” opportunity. Patricia Arancibia of Barnes & Noble, which has aggregated about ten times as many ebooks in Spanish as most people in Spanish markets will tell you exists, will open a lot of foreign publishers’ eyes to the possibilities that exist for them in the US market. We’ll also have a chat with Barry Eisler, the author who turned down half-a-million bucks to self-publish. And that’s not all. Tickets still available… And tickets still available for London as well.

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From the beginning of Digital Change Thinking Time, which for me goes back to the mid-1990s, “subscription” has been high on the list of future expectations. That’s natural. The subscription model has emerged as the dominant one for cable TV (although there is still some pay-per-use) and Netflix works that way as well. Lots of people subscribe to satellite radio. Rhapsody is a successful subscription service for music. Pandora for music has a free model and a paid model, as does Spotify.

Subscriptions actually have a history in trade publishing too, where they were called “book clubs”. The print book club model, which also depended heavily on the club’s role in curation (or title selection), was doomed by the arrival of online bookselling. But O’Reilly has demonstrated the common sense (and worked out the mechanics) of a subscription model for ebooks with their wildly successful Safari program for the past several years.

In the past week, Publishing Perspectives offered up a thoughtful piece by Javier Celaya speculating on a free subscription, ad-supported model for ebooks like Spotify is for the music business. PP’s editor, Ed Nawotka extended the speculation to a model of piecework sales: buying a book in chunks or chapters.

Neither of those is what I have in mind. This piece by John Konczal, building on what’s being done in the textbook business, comes closer.

We’ve reached the point where Amazon with their Kindle and B&N with their Nook are perfectly positioned to make a subscription offer. Publishers will have mixed feelings about it and the agents for the top-selling authors have good reasons to be against it, but the proposition seems (to me) to be one that will be compelling to many consumers and will offer tremendous advantages to the retailer that offers it. In fact, I’m a bit surprised it hasn’t happened already.

Here’s how I imagine it working.

The retailer creates a pool of content that will be offered through the subscription service. The proposition to the consumer will be that for a price (let’s say: $50 a month), they can read all they want from the content pool. In turn, the retailer divides 70% of that money (or 75% or 80%) among the publishers in proportion to how many “pages” (a somewhat arbitrary but internally consistent measure) of their material have been read. Of course, all available public domain content will be in the pool.

I am guessing that a very high proportion of the owners of self-published and small press books will find the proposition attractive from the beginning. How the big publishers would react is less certain. My belief is that the smart ones will try it: put in some titles, perhaps from their deep backlist, to get some visibility as to how the program would work.

Meanwhile, the consumers who do this will determine the course of events from there. It seems possible that the impact of this offer will be similar to the impact of the e-ink readers: the heaviest book consumers will see the greatest financial merit in the proposition. And just like customers for Amazon Prime (one annual fee for shipping) and Kindle or Nook owners are highly resistant to buying outside those programs, customers for this subscription service would largely be lost to other book consumption. It will take a more powerful desire to read any one particular book to make it a purchase outside the subscription than it takes to buy it now.

So that, in turn, will drive more books into the program. Authors, and therefore their agents, won’t want to be left out. The early entrants to the program will reap a relative bonanza because they’re on a shelf with less competition which will drive further expansion of the title base.

The tricky part here is setting the right price. As I was thinking about this piece, a reader pointed out a conversation on the Internet about this subject from a different perspective. Here the question was: “what would you pay to read any book anytime you want?” The bidding seemed to begin at about $100 a month. That strikes me as high, particularly since the pool of titles would certainly lack most high-profile books, at least in the beginning.

But a retailer setting the price too low could cost itself a lot of money. Lots of heavy readers spend more than $40 or $50 a month buying books now and, of course, they’d be the first ones to enter such a program (to save money). The benefit for the retailer would be that those customers would be “locked in” to the service, not buying anything elsewhere.

Of course, this idea runs totally afoul of agency pricing. The publishers who are using agency will have the hardest time even experimenting with such a subscription program. On the other hand, if the subscriber base becomes large enough, it will force some reconsideration.

There are all sorts of wrinkles one can imagine beyond this initial idea. There could be a “premium” subscription that had the higher-profile books, creating a more robust revenue pool for them. There could be “vertical” subscriptions for genres or topics. There could be a special discount for subscribers to purchase books not in the pool (except for agency books, of course, whose terms would not allow it.) And a company like Harlequin or a sci-fi imprint of a major house could create their own in-house pool that might attract subscribers. (In fact, the innovative small sci-fi publisher, Baen Books, already has a subscription service!)

But with ebook consumption now climbing rapidly toward half or more of the sales for many titles, it seems inevitable that models that won’t require a transaction for each and every book must emerge. I’d be a bit amazed if conversations about an idea like this, or something like it, aren’t taking place inside the biggest ebook retail shops already.

We created a “thinking about the future” panel for both of our upcoming Publishers Launch shows. They will entertain the subscription question, among other issues, with an eye to the special complexities of international implementation. At our eBooks Go Global show aimed at international visitors and their trading partners at BEA, the panel will feature Tracey Armstrong, the CEO of Copyright Clearance Center; publishers Ricky Cavallero of Mondadori and Cyrus Kharadi of Random House; and agent Simon Lipskar of Writers House. This panel of four incredibly sharp and thoughtful people, moderated by Ed Nawotka, the editor of Publishing Perspectives, represents a real diversity of viewpoints and will explore the practical barriers to this and other innovations across international markets.

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Nolo Press, the Berkeley-based publisher of books and software on the law for laypeople, announced this week that the company has been acquired by Internet Brands, an internet company that builds verticals. This news should be seen as another one of those things happening for the first time that will almost certainly happen repeatedly in the years to come.

What I’ve been trying to get across aggressively for at least four years, since my “End of General Trade Publishing Houses” speech at the 2007 BEA, is that the world will move to vertical community organization and that publishers have natural advantages to lead those communities. But “natural advantages” are not the same as “divine right”; publishers can also license their content to or be bought by the community creators. That’s what the Nolo purchase underscores.

Taking a look at the web sites for “Internet Brands” (which I hadn’t done before today but I’ll bet not too many others in publishing had either) shows a very impressive array of content and audience development across a wide range of subjects. In fact, the Internet Brands web site provides a bit of a roadmap for a 20th century publisher trying to make it through the 21st.

IB organizes its universe into eight overall headings: automotive, careers, health, home, licensing, money, shopping, and travel. There is a lot of diversity under each heading: verticals within the verticals.

“Licensing” is a bit of an outlier. That appears just to be an outlet for them to sell proprietary technology and under it they have only two offerings. One is software that obviously comes from their automotive vertical which parses information about cars myriad ways to enable sales and fleet licensing. The other is called vBulletin, forum and user-generated content management software for online community creation. These two software offerings would appear to be at the heart of IB’s own business but, like Amazon, they are making money helping other people make money with the capabilities that they required to make money!

The other seven headings are divided into dozens of niche sites. There are more under “automotive” than I care to count — scores — for every car, it would seem, and for certain sub-interests as well. There are 13 sites under “careers”, including dedicated ones for airline, aviation, health, freelance, and work-at-home moms.

There are 13 sites under “health”, nine under “home” (including sites for crafting, gardening, do-it-yourself, and real estate), nine under “money”, 13 under “shopping” (including several different flavors of bargain and coupon sites), and 24 under “travel”.

Diving deeper into the verticals is more than I’m going to do for this piece, but it would seem likely that certain content nuggets could be employed within more than one of their sites.

Under IB’s “careers” heading is a site called experthub.com and it is within that niche that Nolo’s legal information for consumers will fall, although one suspects that Nolo can create content that could apply to many of IB’s sites.

Internet Brands started out in the late 1990s as an array of car-focused sites, which explains why that vertical is so thoroughly built out. After they had been in business for several years, they saw the merit in “scaling” their technology outside the automotive niche. Their sites appear to be a hodge-podge — some are clearly directories to help consumers find resources and to help resources find customers. But others seem to present real services to consumers.

One very law-focused blog covering the transaction notes that Nolo is a much classier content aggregation than the ones IB had acquired previously in that niche. They mistake IB’s Expert Hub brand to be law-focused itself; it isn’t. Expert Hub is also verticalized and includes lawyers, dentists, chiropractors, and accountants among the professionals it will help you find.

It appears that IB is an ad-driven play, not primarily focused on creating community value in the ways we think will ultimately be necessary in addition to user-generated content and curation: sales of a variety of goods and services and real opportunities to connect with others who share your interests and challenges. But they also appear already to be profitable and generating healthy search traffic with their focused aggregations of content. Right now the forums IB has appear to be bolted on, rather than core, but perhaps the Nolo purchase signals a new stage in IB’s growth where there will be an even greater focus on content generation.

Unfortunately, some of the further information links on IB’s site (“press releases”, “SEC filings”) were dead, perhaps because investors took the company private in a $640 million deal last September. But I think we publishing types will want to learn more about IB and any other companies like them because they’ll be investing in us, buying us, competing with us, and becoming us in the years to come.

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The fact that Publishers Launch Conferences will stage half-a-dozen or more events before our next big multi-day Digital Book World blowout next January doesn’t change the DBW calendar. Now is the time of year when we have to start thinking about what the big issues will be at the turn of the year so we can start planning the program. As we did last year, we’ll be calling a meeting of our Conference Council (the 2012 group is currently in formation) at the end of June to brainstorm the topics and our approach to covering them.

It’s my job to anticipate now where we’ll be in nine months. What aspects of digital change will be most important to us when we convene again at the New York Sheraton and have a couple dozen sessions to explore the issues? This post exposes the current state of my thinking on the subject; I am shamelessly using the opportunity to engage the very smart audience gathered here to help me refine these thoughts and point out what I may have missed. I count 15 discrete subjects here (some of which can certainly be combined) which have made my list so far. (I’ve italicized them so you can count along with me; they don’t all get their own paragraph.)

The biggest subject of all, of course, is “global.” The reality that every publisher anywhere is now able to reach any reader everywhere with no local presence, no inventory barriers, and many of the same intermediaries that deliver content to local customers is an industry-changer that will take a long time to deliver its full effects. Territorial rights allocation is only one of the many long-time conventions of publishing that will be challenged by the reality of global. It looks like the biggest publishers — those with local organizations in many countries — have the biggest challenge to adjust to the new global reality. We see this now as we’re putting together panels for our BEA and London events on the first biggest opportunity of global: the new ease of selling books in any language and of any origin to the biggest ebook market developed so far: ours in the United States.

Perhaps the second biggest subject is one we’ve discussed in this space for a long time: “vertical.” Even the most avowedly “general” of the big “general trade” houses are beginning to recognize the urgency of direct contact with individual customers. Once that becomes an objective, it quickly becomes apparent that audiences cluster around subjects or genres: verticals. We anticipate some dramatic reorganizing of the imprint, publishing, and marketing structures of the major houses as they develop their audience-centricity. There might even be enough development along those lines to warrant conversation about it at DBW 2012.

Two more categories of change will be in the “sales models” and “product models” publishers will employ, neither of which have had anything but the most minor adjustments since the mass-market paperback became a force just after World War II. We’d expect somebody big to try a subscription model, a la O’Reilly’s Safari or what we get with cable TV, for the consumer market sometime soon, maybe before next January. (In fact, a James Patterson Book Club, which is a sort-of new subscription model, was announced just today!) And the new Amazon Singles program for shorter-than-book-length content is accelerating the awareness of publishers and authors that the length requirements for printed books do not extend to digital ones.

All of this will lead inexorably to more “ebook first” imprints, divisions, and initiatives. I’d guess that by January, several (if not all) of the major houses will have “programs” offering content for sale which is too brief to be delivered as a bound book. We first reported on a program of this kind from Harlequin at BISG’s Making Information Pay conference several years ago. It was an outlier then. It’s more of a pioneer now. This week we heard that Hachette has a short fiction program in its Orbit imprint. Last week in London we talked with friends at Pan Macmillan about a short ebook program they created at the end of last year to capitalize on the many Kindles and iPads that were delivered as presents for Christmas. (Of course, we’re putting that on the program for our London conference; the coordination challenges within an established operation to pull off something like this are not trivial.)

Part and parcel of verticality is direct audience contact and retention. When we wrote a couple of posts last summer about direct marketing techniques publishers had to make part of their standard operations, we were a bit early to get the true trade publishers’ attention. By next January, every publisher’s consumer emailing list will be a component of its marketing effort. A part of this work, of course, is effective use of social media, a subject publishers keep learning more about and which we’ll certainly try to cover — in our way, which is looking for scale and replicability — in January.

Metadata is a subject that just doesn’t go away. It is disappointing to hear from industry bodies and retailers that many publishers haven’t gotten the core metadata totally under control yet. We covered the basics at Digital Book World 2011; in 2012 I hope we’ll be talking about things like rationalizing the BIC (British) and BISG (US) subject codes, which have developed separately to address each market’s idiosyncrasies but which need to be harmonized to enable the full potential of globalization.

Over the next two years, I’m expecting the most disruptive change to take place in children’s book publishing and illustrated book publishing. When the catalyst for ereading was the Amazon Kindle, as it was starting in late 2007, straight text worked but not much else did. Now that Barnes & Noble’s Color Nook and the iPad are devices of choice for millions of people, illustrated material and rich color can be delivered as well as text. In the children’s book area, there have been a slew of new entrants, probably led by big publishing veteran Rick Richter’s Ruckus Media. The illustrated book business hasn’t really surfaced in a big way yet, but it almost certainly will by next January’s Digital Book World. I’d expect it to be a major topic of conversation since illustrated books are far more complex to “convert” and present the opportunity to enhance in ways that may soon become requirements.

The recent news from O’Reilly that they are using Ingram’s services to be able to deliver printed books without holding stock signals another new topic that will be of widespread interest: building a virtual inventory infrastructure. This topic also came up in a discussion at London Book Fair with Sara Lloyd and James Long of Pan Macmillan, one company we’ve found that is very consciously preparing for a 50% ebook world. Decentralizing their print production to reduce inventory and manufacture closer to the point of delivery is very much on their radar screen. (In fact, the whole question of how publishers have to adjust their organizations and overheads to cope with a 50% or more digital book marketplace is one we’re featuring at our Publishers Launch show in London.)

As I write this, it has been nearly a month since we’ve had a lot of conversation about authors doing their own publishing, but we got very familiar with the names Amanda Hocking, John Locke, and Barry Eisler in recent weeks because they’re doing just that. That trend can do nothing but accelerate between now and next January.

This is requiring agents to reconsider their own business models. We’re at the dawn of an era where agents will be publishers themselves and business advisors, not wholly dependent for their revenue on their ability to get advances and royalties from publishers. The first Digital Book World conference in 2010 was the first digital publishing conference to feature agents prominently in the conversation and we talked then about how business models might change. This January I expect we’ll be able to stage some conversation about how new models are working out for those who have tried them. (One of the agents we’ve put on the program at DBW is Scott Waxman, and his Diversion division doing ebooks has 20 books in the market and 10 more about to hit.)

And the last two subjects that we almost certainly should be discussing at DBW 2012 are the still-critical but diminishing segments of a publisher’s marketplace for printed books: brick-and-mortar retail locations, particularly bookstores and mass-merchants and the place so many people have discovered and acquired their reading material, the public library.

The decline of bookstores has been duly noted in The Shatzkin Files and, of course, the bankruptcy of Borders has everybody’s attention. Less well-publicized has been the decline of book sales in the mass merchants. (Tactics for arresting that slide will be the topic of a presentation by Tara Catogge of Charles Levy at BISG’s Making Information Pay conference, another one we get our hands dirty on, taking place on May 5.) As the brick channel for printed books continues its inevitable decline into insignificance, the state of play and the tactics to adjust to the loss of sales and, perhaps more important, merchandising exposure, will be a topic we’ll discuss again, as we did with independent bookstores and heads of sales departments last January.

And how to deal with libraries in the ebook world is a question vexing many publishers. Two of the Big Six just don’t sell them ebooks at all; one company has tried a number-of-loans limitation. We are intrigued by a solution pioneered by Bloomsbury in the UK — a “shelf” of books the library licenses a year at a time for online reading only. We aren’t covering it in our London show because we think most of the UK market is familiar with it but we’ll be putting it on the agenda for Digital Book World next January.

Next week I’ll give you a preview of the first two Publishers Launch Conferences programs: for international visitors to BEA and the Americans who work with them (on May 25) and, with the Publishers Association, our program for UK publishers (on June 21.)

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The headline in a number of places was that Amazon was now aggressively going after exclusives for their Kindle line and actually bid against the publishers for Amanda Hocking’s trade books.

The enabling component, as reported in Publishers Lunch, was that Houghton Harcourt is now Amazon’s trade book distributor. Except please don’t call it that.

Lunch reported that Harcourt had acquired a range of titles from Amazon’s Encore and Crossings imprints, as well as securing a first-look relationship.

From one standpoint, this makes a lot of sense. Amazon can sell the hell out of a book online, and they have long made print available through their CreateSpace program. But they can’t merchandise books in stores. Even paying extremely high print and ebook royalties, as they do, they can’t maximize an author’s revenues if they can’t deliver store sales of print in today’s world.

On the other hand, virtually all of the Big Six CEOs (a club Houghton Harcourt stands just outside of) have said that they wouldn’t acquire print only, a clear signal to authors that their ebook rights were hostages to secure their print sale. After all, they wouldn’t have ever given up book club rights or paperback rights when those were important and didn’t require a scale organization to reach.

Harcourt’s adult trade publisher Bruce Nichols told Lunch that his arrangement did not constitute Houghton Harcourt doing a print-only deal. Quoting from Lunch:

“I’m sure some people will say in principal ‘we never split print and electronic’” rights, but he sees the Amazon deals as “no different than licensing reprint rights,” in which ebook rights are not available. Just as Houghton still intends to compete with Amazon on new projects, Nichols says the house will not bid for print-only rights to new properties. While “there are certainly agents and authors who want to” split rights, he underscores that “we’re refusing” to do so. “This is different; Amazon already owns all rights.”

So, there you have it. Houghtons’ full-fledged print publishing efforts are a subsidiary right.

This simply reflects the most fundamental publishing economics. Somebody can afford to write a check (the initial advance, or what might be called “the enabling transaction”) to buy the opportunity to exploit a copyright because they control the means of reaching the largest single piece of its revenue and the relationships to license others to generate revenue from smaller pieces.

Five years ago, the lion’s share of the revenue from any book-type property would have come from the sales of print in retail stores.

Five years from now, the lion’s share of the revenue from any book-type property will come from the sales of print and ebooks through online channels.

We’re in a period of transition. Houghton’s deal, just like Barry Eisler’s decision two weeks ago to decline a half-million bucks from a house so he could self-publish, are first times for business practices that will soon be normal.

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