Big Publishing

Amazon Publishing on Wooing Dean Koontz

27 July 2019

From Publishing Perspectives:

Keen observers of the trade publishing scene this week may have noticed in the news Publishing Perspectivesreported on Monday about longtime bestseller Dean Koontz taking a new five-book series and short story collection to Amazon Publishing.

For decades, the prolific Koontz made his publishing home primarily at Penguin Random House’s Bantam, racking up more than 45 titles with the Big Five imprint, only to be discovered now talking of being “creatively rejuvenated” to have found a publisher “where change is understood and embraced” and “a marketing and publicity plan smarter and more ambitious than anything I’d ever seen before.”

And yet, years ago, many in publishing, including veteran observer Mike Shatzkin, were watching for “defections” from major houses—not to Amazon Publishing but to the self-publishing platform Kindle Direct Publishing. The idea was that an established and well-heeled author could easily hire the “author services,” as they’re called, to do the grunt work of preparing a manuscript for self-publishing and managing its life in the online sales maelstrom, while using print-on-demand to produce brick-and-mortar store copies for physical book fans.

Instead, Koontz may be the canary in the trade industry mines who hops off that darkening perch and buzzes out into the sunlight of Internet sales leadership—where the Association of American Publishers’ annual StatShot tells us, more book sales now are happening than on physical retail channels.

On Tuesday, Shatzkin wrote in a well-timed addendum to a column on publishing’s past decade, “If this is a sign of things to come, and it is hard to see why it wouldn’t be, some profound changes might be just around the corner.”

As Shatzkin tells it, “Between the time this post was started and when it was finished and published, another sign of disruption took place. Amazon Publishing signed the bestselling author Dean Koontz to a multi-book contract. At the beginning of this decade, Amazon Publishing had ideas about signing up big authors. But they were stymied then by the pretty stubborn refusal of the rest of the supply chain to stock books published by their biggest retail competitor.”

. . . .

“Whether they will successfully sell Koontz … remains to be seen,” Shatzkin writes. “But,” he goes on—italics ours—”their no-middle-person structure enables them to pay far more of each retail dollar in royalties.

“Half the sales or more can generate more income to the author than a publisher without its own retailing capability can deliver selling a larger number of units.”

Link to the rest at Publishing Perspectives

A lot has changed in book publishing in the last ten years

23 July 2019

From veteran publishing consultant Mike Shatzkin:

I am returning this September to speak at Digital Book World.

. . . .

The new DBW is well aware of “corporate” publishing, a term they use to describe the increasingly frequent occurrence of non-publishing companies and entities issuing their own books (and not necessarily with the primary objective being to make money doing so).

This inspired me to make a list of Big Changes since 2009. It did not take long to come up with quite a few.

The arrival of the IPad and ubiquitous smartphones and tablets
Pretty universal broadband
Apple iBookstore
Nook: big arrival on the market, large uptake, fairly rapid sunset
Successful, as in producing dollars and reaching readers, self-publishing
Disappearance of Borders
“Resurgence” of independents (and its limits)
Diminishing of B&N
Growth of Amazon from less than a fifth of sales for most publishers to over half
Through Ingram, a full POD and distribution infrastructure available to anybody
Audio has become ubiquitous (fastest-growing segment; smartphones; Audible)

. . . .

Ten years ago: Pub date was the key organizing point for the assignment of a publisher’s budgeted and conscious efforts on a book. Generally, publishers marketed six months around pub date.
Today: Any book can pop at any time. This has had a very visible impact on budgeting and marketing resource allocation, but it also adds a new challenge: monitoring the world to make the best decisions about what books to put effort into right now.

TYA: “Direct marketing” to consumers was the work of specialists.
TOD: Every publisher builds and maintains email lists, with widely varying degrees of expertise applied to using them.

. . . .

TYA: Popular reference books were enduring backlist for book publishers. I know, because in the 1980s I created a compendium of baseball biographies called “The Ballplayers”, trying to appeal to the same audience of the perennial bestseller, Macmillan’s “Baseball Encyclopedia”.
TOD: You wouldn’t think of going to a book for either of these things. “The Ballplayers” had a life online as BaseballLibrary.com before Wikipedia mooted it. And the encyclopedia was effectively replaced long ago by baseballreference.com.

. . . .

TYA: In order for a book to sell, it really needed to be distributed by a “legitimate” publisher, because it was a requirement to be on sale in bookstores to move the needle and only a publisher could get books stocked across a wide range of outlets.
TOD: There are big categories of books (mostly genre fiction) that have a vast number of crowd-curated self-published titles that are available at prices no commercial enterprise can consistently match. And anybody with a worthy title can buy their way into full distribution without having to persuade a publisher to give them a contract.

Link to the rest at The Shatzkin Files

Amazon’s Upcoming Audible Captions Feature = Unhappy Publishers

19 July 2019

From The Verge:

Earlier this week, Audible revealed that it was working on a new feature for its audiobook app: Audible Captions, which will use machine learning to transcribe an audio recording for listeners, allowing them to read along with the narrator. While the Amazon-owned company claims it is designed as an educational feature, a number of publishers are demanding that their books be excluded, saying these captions are “unauthorized and brazen infringements of the rights of authors and publishers.”

On its face, the idea seems useful, much in the same way that I turn on subtitles for things that I’m watching on TV, but publishers have some reason to be concerned: it’s possible that fewer people will buy distinct e-book or physical books if they can simply pick up an Audible audiobook and get the text for free, too.

And Audible may not have the right to provide that text, anyhow.

In the publishing world, authors and their agents sign very specific contracts with publishers for their works: these contracts cover everything from when the manuscript needs to be delivered, how an author is paid, and what rights to the text a publisher might have, such as print or audio. As an audiobook publisher and retailer, Audible gets the rights to produce an audiobook based on a book, or to sell an audiobook that a publisher creates in its store. Publishers say that a feature that displays the text of what’s being read — itself a reproduction from the original text — isn’t one of those specific rights that publishers and authors have granted, and they don’t want their books included in Audible’s feature when it rolls out.

. . . .

Audible tells The Verge that the captions are “small amounts of machine-generated text are displayed progressively a few lines at a time while audio is playing, and listeners cannot read at their own pace or flip through pages as in a print book or eBook.” Audible wouldn’t say which books would get the feature, only that “titles that can be transcribed at a sufficiently high confidence rate” will be included. It’s planning to release the feature in early September “to roll out with the 2019 school year.”

Penguin Random House, one of the world’s five biggest publishers, told The Verge that “we have reached out to Audible to express our strong copyright concerns with their recently announced Captions program, which is not authorized by our business terms,” and that it expects the company to exclude its titles from the captions feature.

Other publishers have followed suit. Simon & Schuster (disclosure: I’m writing a book for one of its imprints, Saga Press), echos their sentiments, calling the feature “an unauthorized and brazen infringements of the rights of authors and publishers, and a clear violation of our terms of sale,” and has also told Audible to “not include in Captions any titles for which Simon & Schuster holds audio or text rights.” A Macmillan spokesperson said that “the initiative was not authorized by Macmillan, and we are currently looking into it.”

The Authors Guild also released a statement, saying that “existing ACX and Audible agreements do not grant Audible the right to create text versions of audio books,” and that the feature “appears to be outright, willful copyright infringement, and it will inevitably lead to fewer ebook sales and lower royalties for authors for both their traditionally published and self-published books.”

When asked about the feature squares up against the existing audio rights that are granted to it, an Audible spokesperson told The Verge that it does “not agree with this interpretation,” but declined to comment further on whether or not the company actually has the right to go through with it.

Link to the rest at The Verge and thanks to Jan for the tip.

This looks like one more instantiation of Big Publishing’s ancient credo, “New is bad, old is good.” Heaven forfend that books of any sort be improved without more money going to legacy publishers.

Absent a problem with the definition of “ebook” in the contracts between Amazon and the publishers, PG thinks what shows up in Amazon’s video at the end of this post is clearly distinguishable from an ebook.

PG suggests complaining publishers are attempting to extort more money from Amazon.

He predicts it won’t work.

If Amazon wants to play serious hardball, it can begin to delist audiobooks from major publishers which don’t agree to permit the new feature.

If Amazon wants to play a step-below-serious hardball, it can penalize audiobooks that don’t offer the new captioning feature in Amazon search results or tag those audiobooks with a warning to potential purchasers that the audiobooks are only available in an outmoded format or some such thing.

Back to even more serious hardball, how about declining to sell new print and ebooks released by publishers unless the accompanying audiobooks include the captioning feature?

If the publishers want to continue their snit fit, who are they going to turn to for sales, Barnes & Noble?

Amazon Gets Bulk of Complaint in AAP Filing with US Trade Commission

2 July 2019

From Publishing Perspectives:

For years, many in the publishing industry of the United States and other parts of the world have wanted to see Amazon examined by American governmental regulators for potential anti-competitive practices.

And, as various elements of Washington’s apparatus now address issues in terms of the major tech platforms, the Association of American Publishers (AAP) today (June 27) is filing a 12-page statement with the Federal Trade Commission (FTC), urging the commission to more closely scrutinize the behavior of dominant online platforms that “pervade every aspect of the economy.”

And while we find 12 references to Google in AAP’s commentary, it will surprise few in the book business that Amazon is mentioned 33 times.

Today’s filing from the Washington-based AAP, in fact, references that Streitfeld article from the Times’ June 23 edition, though not the Amazon answer, and is responsive to the FTC’s hearings near the close of a long cycle called “Competition and Consumer Protection in the 21st Century” and frequently touching on privacy concerns—often, of course, the entry point to debate and examination relative to tech corporations’ focus on consumer data.

. . . .

Today, in a prepared statement drawn from the commentary and released to the news media last evening for publication this morning, AAP president and CEO Maria A. Pallante is quoted, saying, “Unfortunately, the marketplace of ideas is now at risk for serious if not irreparable damage because of the unprecedented dominance of a very small number of technology platforms.

Link to the rest at Publishing Perspectives

PG suggests that any supposition that Amazon’s publishing activities and its self-publishing platform aren’t viewed as a serious threat by traditional publishing would be rebutted by the strong opposition by legacy publishing’s chief lobbying organization.

PG doesn’t think this organization would be complaining so much if Amazon was just the largest bookseller in the US and many other places in the world.

Rethinking the Writing Business

27 June 2019

From Kristine Kathryn Rusch:

When the disruption hit the publishing industry ten years ago, I watched with a wary eye. After I finished The Freelancer’s Survival Guide in the summer of 2010, I repurposed this weekly blog to help me understand the changes the publishing industry was undergoing. It seemed, in those heady days, that everything changed daily. And there was a large contingent of brand-new writers who knew so much better than the rest of us how revolutionary this indie publishing thing would be.

Most of those writers—the hoards that used to come screaming (literally) to this site every Saturday to denounce me and tell me what an idiot I am and how wrong I was—are gone now. They quit the business not because they weren’t earning money—most of them earned a boatload—but because they couldn’t handle what they had set up.

Many of them published rapidly and followed an insane publishing schedule that couldn’t be maintained in the face of real life. Some based everything they had and everything they knew on Amazon algorithms, only to be shocked when Amazon persisted in changing up those algorithms.

Others couldn’t handle the financial ups and downs of freelancing and some, frankly, didn’t give themselves a chance to succeed. They saw others making thousands every month while they were making coffee money, and decided that they’d never succeed and quit without ever completely learning their craft or building up an audience.

. . . .

New, hot, and trendy has a shorter shelf life these days than it did, and I wasn’t sure why. There’s a lot about this new world of publishing, as I called it, that I couldn’t figure out.

. . . .

We’ve been doing this wrong.

By this, I mean the writing business post-Kindle. We’re all approaching our business like we’re still in the publishing business. But we’re not. We’re part of the entertainment industry, and that entails a lot more than we think it does.

Let me see if I can retrace some of this thinking, so that I don’t just spring my ideas on you and have you balk at them.

I signed up for the Licensing University classes connected to the [Las Vegas Licensing] Expo. I saw those last year, and felt that I would miss a huge opportunity if I failed to attend.

This year, I looked at the roster of classes, and promised myself I could leave any class that was too basic for me. The “Is Your Brand Ready For Licensing” was a case in point (although I didn’t realize it until later). That was a copyright/trademark basics course that falls into the well-duh category for me, but is probably necessary for most first-time attendees at the Expo (and for most writers as well).

But the Basics of Licensing class? Holy Crap-Poodles. I figured I’d sit there for ten minutes before going out to the floor to look around. Instead, I took 30 pages of notes. (In future posts, I will deal with much of what I learned on a detail level.)

That class laid out the basics of a licensing deal, while acknowledging that each deal is different.

Let’s back up. We writers are creators of intellectual property. We have the property to license. We are the licensors. We’re looking for licensees. Okay? Got that?

The terms of a basic licensing deal includes these elements:

  • A Royalty
  • An Advance Payment Against That Royalty
  • Net Sales Definition
  • Some Kind of Reporting Process
  • Termination
  • Insurance/Warrantees/Indemnification
  • Jurisdiction

A basic licensing deal includes a lot more than that, things like minimum royalty guarantees, an audit schedule, minimum performance threshold, quality and approvals, advertising and marketing requirements, and so on.

The licensor is a participant in all of that. An active participant, who can terminate if, for example, the quality of the product (based on the sample) doesn’t come up to snuff after several tries.

I remember thinking in the middle of that class that the publishing agreements that I signed back in the 1990s had a lot more in common with a standard licensing agreement than standard publishing contracts do now. In fact, there was a lot in the old publishing contracts that were just like a licensing agreement. In fact, the old publishing contracts were licensing agreements with the pro-licensor stuff (the stuff that benefits the licensor/writer/creator) taken out.

. . . .

Fast-forward through the afternoon to the class on How To Negotiate A Licensing Deal, which was listed as a negotiation class, without the “licensing deal” part added in. I wrote a book on negotiation, for godssake. I’m damn good at negotiating. I figured I’d be leaving this one early as well.

Nope. Another 30+ pages of notes. With two surprises added in.

First, from a passing comment on royalty rates.

In licensing, the royalty rates can vary from 2% to 20% of the net sales price (usually wholesale, but that’s changing depending on distribution). One of the instructors (an agent) mentioned that really big brands with a lot of clout like Disney can get the 20% royalty without a lot of pushback because their brand is so valuable.

. . . .

Once upon a time, I was a work-for-hire writer, and one of the properties I wrote work-for-hire was Star Wars. I got a 2% royalty on the books published (see above).

In most work-for-hire publishing projects, the royalty rate gets split between the licensor who created the intellectual property and the writer who does the actual work on writing the novel. I do not know what Bantam paid LucasFilm for those early books. It might have been 10%, it might have been 15%. I do know it was less than 20%. At the time, you see, Star Wars was considered moribund. The books, Tim Zahn’s first trilogy in particular, led the entertainment industry to realize that there was a hungry audience for more Star Wars. The revival of the brand dates from that very first publication.

So I know that, in those days, LucasFilm didn’t have the Disney-level clout that it would later achieve. Which had an impact. Because, when it came time to renegotiate the license with Bantam, LucasFilm asked for a 20% royalty.

Bantam balked. They claimed they couldn’t make a profit. They claimed they couldn’t pay their writers. They claimed they wouldn’t get writers.

So, LucasFilm threatened to pull out, and the dance began. LucasFilm came down to 19% which still didn’t give Bantam enough room to pay the writers from the royalty rate (the standard way that writers did/do business in traditional publishing).

Bantam came with a compromise. Rather than a 2% royalty, they’d pay the authors $60-90,000 for the book, which was what those books earned out at in those days. Those payments would be guaranteed, but they’d be a flat fee. So if the books sold better than that, the writers would get no more money. If the books sold less, the writers would get more than they usually would.

Business-minded writers realized this: that if they took their upfront payment (which Bantam was offering in four payments) and banked it, they’d make more than they would off the 2% royalty rate. (Money in hand is worth more than money promised. Money in hand allows things like paying down credit cards rather than charging them, and having an emergency fund, rather than borrowing, and so on.)

A bunch of us agreed, our contracts were in the works, and then the idiots at the Science Fiction Writers of America got their undies in a bundle and denounced the entire deal and faxed a protest letter to LucasFilm, naming every single Star Wars writeras agreeing, even those who didn’t agree (and had threatened them if they used our name, like me) and even those who weren’t members (like me). That piece of idiocy cost me at least $90,000 if not more, because I was slated to write a bunch of books, and LucasFilm canceled all communication with me and cut me out of everything, just like they did with all the other authors named.

The books went on without us. And I just thought it a weird deal—that LucasFilm wanted 20%–believing what Bantam put out there (that LucasFilm was greedy) and what SFWA put out there (that LucasFilm was greedy) rather than understanding that LucasFilm was treating the books as a standard licensed product.

My brain was spinning as the negotiation class went on, because I finally understood the other side—the other side not being Bantam Books, but LucasFilm. I was just a sorry little contractor caught in the middle of a negotiation for a licensing deal, with a stupid idiotic third-party organization sticking its ignorant foot into the mess.

. . . .

The royalty rates class looked at all kinds of things that can have an impact on royalty rates, including net sales.

In that discussion, one of the agents on the panel clicked the next slide in the deck, which showed Publishing. She made a face, and said, with great disbelief, In publishing, the product is 100% returnable, so you have to figure out how to cap the losses.

She went on to talk about how difficult traditional publishing was to work with because of all the quirks in its contracts.

But I sat there and found my brain spinning again. When I was a baby writer, my book agents could get a minor cap on returns, limiting them to only two or three years. After that, the publisher had to eat the returns.

A standard licensing deal has a three-year term, which meant that publishers were already set up to cap returns earlier than that.

The licensing agent also went on to talk about how she had to explain basic licensing to her publishing partners, and how she had to hold them to the fire to get them to agree to a full royalty for all the participants (meaning that if the brand was say, a star quarterback for the NFL, the NFL would get its share of the royalty and the star quarterback would get his—so maybe a 50-50 split of a 20% royalty—meaning the author would write for a flat fee).

I immediately got retroactive anger.

Licensors from outside the publishing industry—that is, nonwriters. Celebrities. Grumpy Cat—got not just an advance against a substantial royalty, but a term-limited contract, and minimum royalty payment guarantees, and guaranteed marketing/advertising budgets, and the ability to easily and routinely audit the publisher, and, and, and…

. . . .

The licensing professionals who worked for a nonwriter licensor, like LucasFilm, got a licensing deal that would make writers and their book agents fall over in stunned surprise. Simply by using industry standard.

Okay, got all of that?

In the past, writers have gone begging to book agents, to publishers, to comic companies, to gaming companies, hoping to get someone to “take a chance” on their writing.

Writers weren’t acting as brand owners, licensors, people in control of their IP, asking for a standard licensing arrangement. Writers were beggars, which put them in a terrible long-standing position with the publishers.

. . . .

The book, the published book, is not the holy grail.

The story, the thing that the writer has created, is the holy grail. Before publication of any kind.

Because publication is a license. Whether you do it yourself and upload to Amazon (Direct to Retail, is what that’s called) or whether you go through a traditional publisher (Business to Business, is what that’s called {and notice that the businesses are on equal footing in that definition}),  you are licensing a tiny portion of your copyright to make distribution of some product (in this case a book) possible.

We’ve been teaching for years that publication is a license. Not a “sale” because you don’t lose the copyright. You license it.

But Dean and I and damn near every other writer out there (with only a handful of exceptions throughout the last 100 years) have not gone any farther than that. We haven’t thought about the published book as being a single licensed product.

We’ve been conditioned by our upbringing in the business culture of the previous century to think of the published book as the be-all-and-end-all of everything we did.

. . . .

We are not in the publishing industry. We are in the entertainment industry.

Link to the rest at Kristine Kathryn Rusch

Here’s a link to Kris Rusch’s books. If you like the thoughts Kris shares, you can show your appreciation by checking out her books.

For PG, Kris is one of the most interesting commentators on the publishing business, traditional and modern, and he always appreciates her Business Musings posts.

In these posts, Kris often looks above and beyond agents and publishers, KDP, etc., etc. in a way most authors do not.

In a former legal life, PG represented some software and technology companies whose products were sometimes licensed to very large business organizations, including Goldman Sachs, Morgan Stanley, Merrill Lynch, Fidelity Investments, Apple, IBM, Oracle, Disney, Hallmark, Intel, Hewlett-Packard, and American Express.

(For context, at an earlier stage in his legal career, PG also represented abused spouses, dairy farmers, the tenants of small-time slumlords, people who wanted a divorce and/or needed to file for bankruptcy, a couple of arsonists, drunk drivers and people who couldn’t afford to pay an attorney and got help from Legal Aid.)

PG provides the big business list not to show what a big deal he is or was, but simply to demonstrate the variety of different licensing agreements he has seen outside of the traditional publishing business.

From a legal standpoint, as Kris says, a publishing contract is not a special snowflake, it’s a license of intellectual property, specifically, the copyright to a book which is owned by the author. Copyrights to software are what Microsoft owns and licenses to everybody who buys and uses MS Word, Excel, Windows, etc.

Although PG has not seen very many publishing contracts that acknowledge the fact, a traditional publishing contract also includes a sort-of implied license to the author’s right of publicity, sometimes called personality rights (which may include individual’s image, personal data and other generally private information).

However, most publisher-provided publishing contracts don’t look much like licensing agreements used elsewhere in the business world. Publishing agreements have little quirks that would seem strange to any attorney accustomed to seeing licensing agreements for technology or almost anything else.

PG understands the principle of customs of the trade, assumptions that govern niche businesses and the agreements they make. For example, in another case from PG’s olden days, he learned all about the New York City garment business and the strange ways it operates.

However, trade publishing and, to an even greater extent, academic and professional publishing still operate as if ebooks and other epublications have never existed. Even more important for authors, many publishers operate as if the cost of publishing was still based upon the expense and compensation structure that existed when printed books and journals were the only way to disseminate knowledge and long-form writing.

PG suggests that even for traditionally-published authors, Amazon has provided a great service by offering both self-publishing and Amazon Press as alternative methods of reaching readers. Absent Amazon’s influence, publishers would still be operating as if it were 1955 and today’s authors would be earning much less and accepting it as the author’s burden in life.

Yet, from a legal and commercial viewpoint, traditional publishing is still a screwy business and authors bear most of the burden of its bizarre practices.

PG repeats the admonition of Kris in the OP –

The book, the published book, is not the holy grail. We are not in the publishing industry. We are in the entertainment industry.


Amazon Gets Bulk of Complaint in AAP Filing with US Trade Commission

27 June 2019

From Publishing Perspectives:

For years, many in the publishing industry of the United States and other parts of the world have wanted to see Amazon examined by American governmental regulators for potential anti-competitive practices.

And, as various elements of Washington’s apparatus now address issues in terms of the major tech platforms, the Association of American Publishers (AAP today (June 27) is filing a 12-page statement with the Federal Trade Commission (FTC), urging the commission to more closely scrutinize the behavior of dominant online platforms that “pervade every aspect of the economy.”

. . . .

And while we find 12 references to Google in AAP’s commentary, it will surprise few in the book business that Amazon is mentioned 33 times.

Today’s filing from the Washington-based AAP, in fact, references that Streitfeld article from the Times’ June 23 edition, though not the Amazon answer, and is responsive to the FTC’s hearings near the close of a long cycle called “Competition and Consumer Protection in the 21st Century”

. . . .

A distinctively international element is engaged at points in which AAP relies on the European Commission’s investigations and action on Amazon’s use of “most favored nation” clauses (MFNs)and the May 2017 acceptance by the EU of Amazon’s commitment to stop using those clauses in distribution agreements with book publishers in Europe.

. . . .

AAP president and CEO Maria A. Pallante is quoted, saying, ““Unfortunately, the marketplace of ideas is now at risk for serious if not irreparable damage because of the unprecedented dominance of a very small number of technology platforms.

“In order to mitigate this crisis and protect the public interest, AAP urges the FTC to exercise much-needed oversight and regulation, particularly as to circumstances where technology platforms stifle competition and manipulate consumer outcomes.”

. . . .

The formulation used by AAP in setting up its commentary rests in two key areas: book distribution and search.

Regarding search, Google is naturally the key interest and AAP’s messaging to the media flags this, saying, “AAP notes that Google’s complete and untouchable dominance is highly problematic [quoting now from its own FTC filing] ‘because its business model is largely indifferent to whether consumers arrive at legitimate or pirated goods.’”

But in reference to book distribution, of course, it’s Amazon that comes in for the lion’s share of complaint. The association in its media announcements finds something of a thesis statement in its commentary to be “No publisher can avoid distributing through Amazon and, for all intents and purposes, Amazon dictates the economic terms, with publishers paying more for Amazon’s services each year and receiving less in return.”

The association delineates five “primary areas of concern” for structuring its commentary this way, we’re quoting here:

  • “Platforms exercising extraordinary market power in the markets for book distribution and Internet search
  • “The threat to competition when platforms act as both producers and suppliers to the marketplaces they operate
  • “Platforms’ imposition of most-favored nation clauses and other parity provisions that stifle competition, market entry, and innovation
  • “Platforms’ use of non-transparent search algorithms and manipulated discovery tools that facilitate infringement and deceive consumers
  • “Platforms’ tying of distribution services to the purchase of advertising services.”

. . . .

In its introductory comments, AAP asks the FTC to consider ways in which tech platforms differ from other players in dominant market operation. It’s here that the association starts grappling with the traditional idea that if prices are low, then anti-competitive harm to the consumer isn’t a factor.

“First,” the association writes, “the assumptions that consumers will purchase goods at the lowest available price and that competition for market share will exert downward pressure on market prices depend on consumers receiving timely and accurate information about prices and quality. … That is often not the case in markets in which one or a handful of platforms use proprietary search algorithms and manipulated discovery tools to tilt the playing field toward particular suppliers or their own distribution channels or products.

“Second, modern technology platforms benefit from—and in some cases depend on—network effects. The larger the network, the greater the competitive advantage over rivals and potential rivals and, once entrenched, the platform has a greater ability to preserve and extend its market power in ways that are not available in markets that are not characterized by network effects.

“Third, in markets dominated by modern technology platforms, an analysis of consumer welfare must not overemphasize retail price levels relative to other critically important factors. The analysis of consumer welfare also must account appropriately for factors such as decreases in quality, consumer choice, and innovation, and a corresponding rise in consumer deception. Nowhere are these considerations more important than in the marketplace for information and ideas.”

Link to the rest at Publishing Perspectives

.

 

Don’t Put Tariffs on Books

19 June 2019

From Publishers Weekly:

In early May, the Trump administration proposed placing 25% tariffs on a range of products, including books, imported from China. We believe that the tariffs on books are not in the public interest of the United States. They will drive up the prices of all books and have unintended consequences adversely impacting millions of children, parents, public and school libraries, and the livelihoods of book retailers.

. . . .

Though books imported from China include various book categories, a large percentage were illustrated books for children between the ages of one and 14. Research published in Access for All: Closing the Book Gap for Children in Early Education shows that within the first year of life, “children will begin to imitate sounds, recognize familiar voices, and engage in shared communication with their first books… the roots of early literacy”—making it critical to get books in front of the very young.

In 2017 there were more than 61 million children between the ages of one and 14, many of whose illustrated books come from public and school libraries or are purchased by families from retailers. Both libraries and bookstores face financial challenges.

In 2017, there were 16,862 public libraries in the U.S. These are pivotal institutions in the communities that they serve, and yet they tend to be underfunded. New York City’s public libraries are an example of the impact of underfunding. The City, a nonprofit news organization in New York, reported that there are 220 public library branches in the city with, in total, an estimated $896 million in unfunded repairs, which include “everything from leaky roofs to defective air conditioning units and boilers to decrepit bathrooms.” Children also obtain illustrated books from the nation’s underfunded 66,768 elementary school (pre-K through eighth grade) libraries.

Bricks-and-mortar book retailers are another source of books, but they too face economic pressures, including higher rents and wages, that would, in all likelihood, force them to pass along to consumers whatever price increase publishers make to account for the cost of tariffs. Though there is one national bookstore chain, the vast majority of bookstores are small, privately owned enterprises. Although independent booksellers have experienced a revival, there are still fewer bookstores today than there were in the past. In 1995, there were 28,510 U.S. bookstores, which together generated an annual $11.2 billion, according to the Library and Book Trade Almanac. The almanac reported that by 2017, the number of bookstores had declined to 11,432, with sales down almost 10%, to $10.11 billion.

Link to the rest at Publishers Weekly

Tony Robbins’ Upcoming Book Dropped by Publisher in Wake of Misconduct Allegation

10 June 2019

From NBC News:

Simon and Schuster will no longer publish a book co-authored by Tony Robbins that was to be released in July following reports of alleged misconduct and abuse by the self-help guru.

A spokesman at Simon and Schuster told NBC News on Thursday, “We are not proceeding with publication of ‘The Path.'”

Robbins was listed as co-author of a forthcoming book, “The Path: Accelerating Your Journey to Financial Freedom,” with Peter Mallouk, president of wealth management firm Creative Planning.

The decision by the publisher comes after Robbins was accused of making inappropriate sexual advances on fans and staff and berating abuse victims in an investigation published this month by BuzzFeed News.

. . . .

NBC News has not spoken to BuzzFeed’s unidentified sources. It was not clear how many women BuzzFeed spoke to for its report.

Robbins vehemently denied the claims in a response on the website Medium on May 17, saying in part that the news outlet was publishing an “inaccurate, agenda-driven version of the past, pierced with falsehoods.”

. . . .

“As Mr. Mallouk has publicly stated that while his book was in the works, contractual terms were never reached nor finalized with its planned publisher,” Jennifer Connelly said. “It is a false and misleading characterization to state that this was a book authored by Mr. Robbins.”

Link to the rest at NBC News

PG says stories like the OP should make all of us grateful that large publishers like Simon & Schuster take their roles as careful, cultivated curators of culture™ so seriously. What author would not feel nurtured and secure in the arms of such people?

Perhaps S&S should partner with BuzzFeed to seek deeper and more meaningful (or higher and more inspiring) writing in the future.

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