rights

When the story of how Amazon came to dominate the consumer book business is written ten years from now, there will need to be a chapter entitled “September 6, 2012″.

Of course, that was the day that Judge Cote approved the settlement agreed to by HarperCollins, Hachette, and Simon & Schuster and began the process of undoing the publisher price-setting regime that was established by the agency model. This is actually designed to unleash broad and deep discounting in the ebook marketplace and I think we’ll see evidence very soon that it will succeed in that objective beyond anybody’s wildest dreams. (I have repeatedly expressed my concerns about what I think are inevitable consequences of that achievement.)

But that’s not all Amazon accomplished on September 6, 2012. It’s not nearly all. In fact, the only thing that wasn’t good for Amazon about the Judge’s announcement was that it stole a lot of the attention from what they can accomplish without the government’s help.

One day after scrappy competitor Kobo tried to upstage them by announcing their own updated suite of devices, Amazon did a combination of outperforming and underpricing the device competition from them, as well as from NOOK, Apple, and Google. Even the device innovation wasn’t what most impressed me. There were several other innovations that raise the bar substantially for everybody competing with the Kindle ecosystem.

1. Leveraging their ownership of Audible, the dominant player in downloadable audiobooks, Amazon has introduced a Whispersync feature that enables seamless switching between reading an ebook and listening to the audiobook version. One of my sisters-in-law, who is both a teacher of reading-challenged kids and an adjunct professor teaching others who do the same, had asked me a few months ago why nobody had done this. I asked around and was told “it is complicated.” Publishers can’t do it because they don’t control the delivery ecosystems. Other ebook retailers can’t do it because they don’t deliver audio.

Only Amazon could do it. Now they have.

1A. In addition to the use of Whispersync to allow seamless toggling between reading and listening, Kindle introduced a feature called “Immersion Reading” that allows you to read and listen at the same time.

Does everybody notice that this creates a real reason to buy both an audiobook and an ebook of the same title? Seems like that is something all authors and publishers can celebrate.

This specific innovation is particularly ironic if we remember some history. In the early days of the Kindle, Amazon wanted to put in a text-to-speech capability that would deliver an audiobook by automation of every ebook. Agents and publishers balked because of the obvious rights issues; audiobooks are a separate profit center for everybody and nobody with a commercial interest wanted to see that threatened, even though others thought that the automated delivery wouldn’t really satisfy an audiobook customer.

Nobody will have a problem with this solution, though. The consumer buys twice.

And, incidentally, somebody else can write a whole blog post on how this suite of capabilities can be used as an opportunity-creator in the college and school markets!

2. Leveraging their ownership of IMDb (the movie and TV database), Amazon is enhancing the experience of watching video by making information about the film and its personnel available at a click. Last month bloggers were explaining that Google bought Frommer’s from Wiley because they wanted to turn content into metadata. Now Amazon is clearly demonstrating exactly why that’s useful and important.

3. Leveraging their publishing capabilities and their role as the only retailer with an audience large enough to deliver a critical mass of readers all by itself, they are introducing serialization by subscription with Kindle Serials. The initial foray is modest: a selection of eight very low-priced serial novels delivered in chunks of at least 10,000 words. But this “tests” the model of getting people to buy something up front knowing in advance that it will come in stages.

(When I explored the viability of subscription models for ebooks, I speculated that the only one that could really pull it off for general reading would be Amazon. Consider the camel’s nose to have now officially penetrated the tent.)

On one hand, this recalls the success of the self-published novellas-cum-novel called “Wool” by Hugh Howey. But it also could be the foundation for something like Dominique Raccah’s “agile publishing” model, which is an active experiment now at her company, Sourcebooks, with author David Houle. Amazon would have the great advantage of a much larger audience to “invite” into an experiment of that kind and, when you are doing something dependent on participation for success, having more people to appeal to at the outset is a huge advantage.

4. Amazon is subsidizing all their devices with ads served as screen savers. They were initially planning to change the previous practice of offering higher pricing that enabled consumers to avoid the advertisements. Their first announcement was that Amazon had gone all in with all their devices coming with advertising and without a “pay more” option to avoid it. Although the initial reaction to this apparently forced a change, and they’re now offering the Kindle Fire without ads for $15 more, this still opens up a series of other thoughts and questions.

How can anybody compete on device pricing with a competitor that not only has the most direct contact with buying-and-paying customers but which is also bringing in ad dollars to subsidize a cheaper retail price?

Does this mean that Amazon “knows” that by far most consumers elected to save the money and don’t care about the ads?

Are they building a priceless communication network to promote content and to charge content creators for the next generation equivalent of store windows and front tables?

I thought Google was the champion of advertising. Why didn’t they figure this out first for the Nexus 7?

5. Amazon’s X-Ray feature, which basically collects core metadata (characters, scenes) from books and movies, is a building block to ultimately deliver summaries and outlines that could be an exciting additional unique capability of the platform. It could perhaps even be a start on generating automation-assisted “Cliffs Notes”-type content that could ultimately command a separate purchase fee.

6. Amazon has built a parental control capability into their Kindle ecosystem called FreeTime so that kids can use the device and even obtain content but only in approved ways. There are fledgling initiatives like Storia from Scholastic and the longstanding PBS brand Reading Rainbow for which one of the core propositions is creating a reading environment for kids with adult controls. These kid-centric platforms are obviously designed to present environments that parents and teachers will find superior to what they use themselves for the purpose of enabling kids’ reading. They suddenly have some serious competition from the most popular platform already out there.

And Amazon has built in what is perhaps a killer app that the others probably can’t even contemplate: they can apparently control the amount of time a kid can spend doing various activities on the device, so parents can mandate a ratio of reading time to movie time to game-playing time. I’m sure more than a few parents will say “wow!” to that.

********

Judge Cote’s decision is also very good news for Amazon, and it was what reporters called to talk about on the day of the press conference that announced all of the above. Michael Cader’s very thorough analysis (on which I have written a few more words below) spells out what we don’t yet know about the speed and complexity of implementation, starting with whether an appeal will be heard and whether implementation will be delayed pending that appeal.

But it would seem that the chances are good that many of the controls that prevented Amazon from discounting high-profile books for the past 18 months will come off a month, or maybe two months, before Christmas.

I think that Amazon will discount aggressively. Their “brand” is, among other things, very much about “low prices for the consumer”. And they have always used price as a tool to build market share. Expect them to lead the way.

The price-setting won’t be done by humans; it will be done by bots and algorithms, responding to what is happening in the marketplace among their competitors every day. Amazon is very good at this; they’ve been doing it for years. Presumably, BN.com has a similar set of skills and tools. Presumably everybody except Apple had to price at least their wholesale-purchased books competitively.

Apple was protected by the MFNs that remain in place for all but the settling publishers. But without that protection, how will Apple compete? They’ve never had to do competitive pricing of commodity products before. I will be very impressed if Apple can get through the price fights about to take place without an obvious black eye. They haven’t been training for this.

Overall, this should mean another surge of growth in the ebook market, which had seen a serious dropoff in its growth rate over the past year. We won’t be seeing ebooks doubling share annually again, but we’re about to see digital priced aggressively in ways that will make any regular consumer of print wonder whether they should consider making the shift that so many heavy readers have already made.

When the settlement is implemented, the three settling publishers will have their book prices cut by retailers, whatever they decide about setting list prices and however they negotiate the next round of commercial terms. But the three publishers still permitted to use agency pricing — Random House and the continuing litigants Macmillan and Penguin — will probably find that they are forced to lower the prices they set to keep their big books competitive. At least that would be my expectation. It will be beyond interesting to see how this plays out over the next few months.

Pardon a plug here for my Publishers Launch Conferences partner, Michael Cader, and his skills as the indispensible reporter on the publishing scene. His four posts on Friday: on the Judge’s ruling, on what happens next as a result, on their new hardware, and on the various reading and consumption features that were the subject of most of this post, comprised — by far — the clearest and most thorough explanation of a staggering array of complex information. Of course, Michael is more than a reporter on the industry; he’s been a player in it for 25 years.

I really don’t understand how reporters who don’t have the benefit of that background can justify not reading him. (You hit a pay wall it takes $20 a month to scale if you are not a subscriber. Just about everybody making a living in trade publishing has no trouble with the value proposition.) They’d all certainly be doing their jobs better if they did.

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.)