AAR

I had a lunch conversation this week with three successful literary agents, who will remain anonymous for this post. They wanted to talk about the panel we’re having at Digital Book World called “The Changing Author-Agent Relationship: How Will It Affect the Business Model?”

That panel was born when I engaged an agent last summer with my observations about digital change and tried to recruit her to join a panel discussion about it. “Suppose you work with an author to develop her manuscript so your creative input becomes part of the work. Then you can’t sell it, or you get only a token offer for it, and the author wants to self-publish. Shouldn’t you, or any agent in that spot, be entitled to something in that case?”

The agent, sensing quickly that I was going to a model of “author pays agent for consulting help” said, “I can’t participate in a conversation like that. We have a canon of ethics in the AAR, and that might well run afoul of it.”

As it turns out, the canon of ethics of the AAR only explicitly prohibits agents from charging “reading fees” to prospective clients. Other charges are explictly permitted, such as for xeroxing and messengers. And others, such as consulting on self-publishing options, aren’t mentioned.

But, still, the question of whether the business model needs to change remains. The kind of book advances that agents have made a living on for years are diminishing in number. And now that self-publishing is legitimately part of the commercial continuum, authors have a right to expect that their career business manager, which an agent is, will employ it, or suggest that they do, when it makes sense. And agents will have a right to expect to be paid for that.

Of course, that’s not what these three successful working agents do. Their business assets are their personal knowledge of and relationships with acquiring editors; their ability to shape a writer’s concept and proposal into a commercial book; their knowledge of the ins and outs of book contracts and publishers’ accounting procedures. Exploring and keeping up with the various print and electronic self-publishing options: starting with Author Solutions and Smashwords, but including many others including our client Bookmasters, lulu.com, and many others, is a fulltime job in itself. (There’s a string started on Brantley’s list today by Joe Esposito who noticed announcements for four new self-publishing startups in his email in the past few days.) And searching out the authors with the money to self-publish, let alone to pay for advice on how to do it effectively, is also not what the successful agent in the current marketplace does.

I had spoken at a Writer’s Digest conference two months ago and told aspiring writers “get an agent” but also, “make sure the agent knows about the self-publishing options.” These very professional and desirable agents did not. But they agreed that when ten or thirty or fifty times a year a project they’d developed goes off for self-publishing, they’ll want to have a way to monetize that. We agreed that the likely solution will be an alliance with somebody who perhaps positioned themselves more as a “consultant” to aspiring authors. There is no shortage of such people.

The conversation turned to contract terms, particularly regarding ebooks. The agents asked me: “don’t the big trade publishers see that the strategy of paying authors half or less of what many ebook publishers will pay on digital book royalties isn’t sustainable? that we’ll end up splitting those deals?” I told them that I had raised this point with Big Six CEOs and they all said, “we won’t buy print-only; never happen.” The big publishers are counting on the authors’ (and agents’) desire for the advance to keep them locked into the current model. (Richard Curtis made this same point in a recent eReads post.) It is clear that the idea of splitting off ebooks from print contracts is one that these agents have been thinking about for a while. The relative attraction of the advance goes down as the level of ebook sales on which you’re taking half or less of what you could get goes up.

We also spent a little time discussing “verticals” and my theory that power is moving from “control of IP to control of eyeballs.” In the past week, I’ve had two conversations with Hay House executives (they’re on the Digital Book World program too) about their business. To somebody with a trade orientation, it’s pretty phenomenal. They run between 30 and 100 live events a year for their community. They have over 1 million email addresses that drive the sales of all their books. One of the agents said he had an author for whom he sold a book to one of the Big Six houses and they sold twelve thousand copies. He sold the next title to Hay House and they sold two hundred thousand. How long will the Big Six houses be able to compete for big-potential books in Hay House’s sweet spot (mind-body-spirit), advances or no advances?

One of the agents at lunch does a lot with juveniles. “Do I have to worry about this ebook thing much?” that agent asked. Soon you will, I said. After lunch I was working with my frequent collaborator Ted Hill on a proposal we’re making for another conference on digital tipping points. One we were talking about is “when does the publishing house have editors shift their focus from developing a print book with an author, with the ebook as afterthought, to developing the best possible digital product, with the print book coming out of it?” That gave me an answer for that agent: you better have somebody on your team now who can see the digital book possibilities in every idea before you peddle it. Now that you’ve made me think about it, I realize that if you’re not fully exploring the creative possibilities for digital products for every kids book you develop, you’re already missing the boat.

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I was flattered to be asked to speak to the AAR last night as part of a very distinguished group. My fellow panelists were John Sargent, CEO of Macmillan; Morgan Entrekin, the CEO of Atlantic Monthly Press; the agent Larry Kirshbaum, who was CEO of TimeWarner’s book division (now Hachette Book Group);  and Susan Katz, the CEO of Harper’s juvenile division. The topic was the “future of publishing.” We each got ten minutes to introduce our thoughts about “the future of publishing”. I went feeling the need to make three points:

1. The shift from horizontal to vertical is inexorable, unstoppable. People need to understand what that means and, as uncomfortable as it is for many leaders of today’s trade, they need to start adjusting their business to meet that shift. I wasn’t expecting any agreement, or even any recognition of this fact, from my fellow panelists. It’s still sort of my own private little point in trade publishing circles (but I’ll keep making it).

2. The impression I was getting from our BISG research for “Shifting Sales Channels” is that a) big publishers are feeling the pain more than smaller ones, b) people are seeing backlist erosion they hadn’t seen before (although that was contradicted at a lunch I had yesterday with a publisher who follows BookScan numbers closely and said backlist was holding pretty firm); and that the pain was much worse in Q408 than in Q109. Publishers are feeling excess pain at the moment, of course, because they’re taking returns from the Fall against smaller frontlist buys. But, in any case, books are down a lot less than a lot of other discretionary things.

Short conclusion: books may not be recession-proof, but they might be recession-resistant.

3. Trade Books live in an ecosystem. The publishers and agents in the room last night were mostly in the business of fiction and narrative non-fiction and juveniles. But if sales of travel books, craft books, and cookbooks go down, it hurts the stores. And if a store loses 10% or 15% of its business, it could close. Whatever publishers are seeing in growth of online sales, they should never forget that retailers give priceless exposure of their books, and only fullline bookstores give that exposure to just about all their books. The agents and writers and publishers can be just as smart as they’ve ever been, but if the bookstore shelf space shrinks, and it is doing that, the results will not be the same as they’ve always been.

All of my fellow panelists had useful contributions to make but I took most note of John Sargent’s points. He made it clear that big publishers are in troubled times. He pointed out that all big publishers work with borrowed money and want to be working with less of it. So they’ll be “de-leveraging.” That means smaller advances to authors, smaller printings, and tighter financial controls all around. He also reported that Macmillan had invested many more millions in ebook infrastructure last year than they had realized in ebook sales (in response to suggestions from some, including publisher-turned-agent Kirshbaum, that perhaps ebook royalties should rise.)

I made one point at the end that I was a bit surprised seemed new to just about everybody. Very few had taken on board that the difficulties in the trade book business are partly due to the Long Tail: the fact that Amazon’s retailing and Ingram’s Lightning Print (particularly) is making it easy for people to buy books that would have been dead a decade or two ago is just increasing the competition for every book that is newly published tomorrow. (And, of course, throw used books in there too, part of the Long Tail and largely enabled by Amazon.)

This is the same phenomenon that has made it harder for new bands to break out for years: a kid today can still “discover” the Beatles or Bob Dylan and have dozens of songs to listen to and learn without any regard to what is “new”, because the Beatles and Dylan are new to them! We haven’t (yet) had the situation where a multi-book novelist from the 1880s or the 1930s becomes a new addiction, but we’re bound to eventually. And in the meantime, all those Long Tail units are just making the slope to success a little steeper for every new book.

I also told the agents (and, because I did, I want to tell you) about a brand new business I’m involved in called Filedby which, I’m happy to say, is addressing the Long Tail question from another direction. Filedby is now live with a web page for 1.8 million authors — every single one with a live ISBN in the US or Canada. The pages, already mounted, are “claimable” by the authors, providing a big head start on a personalized web page that Filedby has provided largely through  automation. We see an enormous opportunity in helping authors help themselves. There are a lot of them not getting much help from their publishers. Frankly, except for Morgan Entrekin — who explictly spoke about working the internet finding the audiences for books that would sell between 6,000 and 25,000 copies — nobody was offering much hope that the publishers would be doing more for the authors in the days to come. Everybody seems to be looking to authors to do more for themselves. I think my co-founder Peter Clifton and I picked a very good time to be starting this business.

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