KN Magazine: Articles
In The Public Eye: Three Ways To Start Wooing Your Future Audience
The argument can be made that today’s authors have to do more self-promotion than ever before in the history of the written word. These days, it’s not enough to generate good work and shake the right hands. Modern publishers consider a number of external factors before extending that coveted contract.
One of the most important factors, in many publishers’ eyes, is how expansive your fan base is— your social media followings (among many other factors) are huge indicators of your ability to promote your work via your own connections and thus make yourself a profitable publishing investment.
In this installment of “In the Public Eye”, PR expert Julie Schoerke offers tips on establishing a large, loyal following whilst making general, real connections.
3 Ways to Start Wooing Your Future Audience
By Julie Schoerke
Founder, JKS Communications, A Book Publicity Firm
This week I had a fascinating call with a serial entrepreneur. Michael Lyons has a series of novels coming in the future. He has planned five books, and written two, but he already has 3,000 readers through social media, personally engaged with him and his series—which is the tip of the iceberg from what he’s targeted by the time the first book launches.
What does Michael Lyons have in common with veteran author Jenny Milchman? Jenny’s road to publishing is well-documented and celebrated as a success for those who persevere. It took her more than 12 years, but she got a Big Five publishing deal and is now well-known in in the mystery/thriller world.
Jenny’s passion has been connecting kids and independent bookstores. Not a direct link to mystery/thrillers, but it has given her the opportunity to connect with hundreds of bookstores, and she’s accrued thousands of fans in a really authentic way.
Jenny and Michael are both great examples of authors who start marketing and building influence before they even have a publishing date. They make real connections with real people.
What can you do now to make authentic connections with readers and/or tastemakers around the country?
Consider who your “people” are
How old are the people who will read your book and share it?
Where do they live?
What are they passionate about?
What groups or organizations do they belong to or identify with that you can begin cultivating?
Figure out where your “people” are on social media and jump in:
Facebook is great for middle-age readers
Instagram captures the attention of 20-somethings and younger
Pinterest may be ideal for “cozy mystery” fans who like a heaping helping of wholesomeness with their book
Twitter is a hashtagger’s dream for connecting with audiences of causes or specific interests
Make real connections
As you begin to build your base of contacts, don’t go for quantity over quality. Connect with other authors and tastemakers in the industry such as librarians, booksellers, book reviewers, bloggers, book club mavens, etc. Hiring someone in a third-world country to get you a bunch of followers is meaningless if they don’t actually share your passion.
When you connect on social media, don’t just “friend” someone, engage them. Ask their advice, let them know about some quirky fact you just picked up, as well as—of course—retweeting, liking their posts, etc.
Michael sends direct messages to each person he connects with on social media. He starts a dialogue that asks questions and their advice. This provides a back and forth exchange. His novels feature kids who grew up in military families, known as “brats”. As a former military “brat” himself, he knows where to look to find real groups and “virtual” (online) groups that cater to the interests of alumni of that lifestyle, and kids who are living it today.
Jenny meets hundreds of people in person and then connects with them on social media. She always engages in valuable conversations on a myriad of topics that are important to the people she is “friends” with. Jenny has a radio show that explores the topics that are of interest to mystery writers and readers. She is the founder of “Take Your Child To a Bookstore Day,” which occurs each December with more than 700 bookstores involved.
Be your real, genuine self. Cheryl Rainfield is a great example of an author who shares her triumphs, her challenges and her social concerns as well as her beloved dog’s health with her friends and fans on social media.
Lori Rader-Day is always posting funny, interesting things on Facebook. And she is the queen of events and fun! She makes herself available to groups in the Chicago metropolitan area all of the time and is a popular fixture at mystery conferences.
I wouldn’t miss Charles Salzberg’s posts on social media for anything because they make me laugh or enrage me. He knows how to entertain and inform in short pithy ways.
Kay Kendall is an author’s author who is always lifting up other’s careers and shining a bright light on her colleagues and those books she knows her sphere of influence will like.
In order to “woo” your future audiences, you must be diligent in staying connected with fans, tastemakers, and colleagues in the “real” world at conferences, book festivals, and professional organizations—as well as Facebook groups, Twitter meet-ups, etc. If you are visiting a city, collect data from your social media to learn who is in that area that you could meet face-to-face for a “Dutch” dinner or drinks.
Be on the lookout for valuable content (articles, blogs, etc.) that they will be interested in, and build your email list to share information with these folks that they will be glad to have. When your book is ready to release, these folks will feel like they have more of a stake because you are real to them. That is how you establish a loyal fan base while remaining authentic and genuine.
Julie Schoerke founded JKS Communications, a Literary Publicity Firm, 15 years ago, and the firm has gone on to represent more than 600 authors, as well as publishers and literary organizations. Personalizing creative campaigns for each author, having an accountability system in place throughout the authors' campaigns and including former journalists on the publicity team are hallmarks of her vision for the firm. Julie speaks at writers’ conferences, universities, and book festivals across the United States. She also writes book- marketing and book-promotion columns for trade publications and is a featured guest frequently on radio. JKS Communications is headquartered in Nashville, TN with operations in New Orleans and New York as well. For more information please visit www.jkscommunications.com
In The Public Eye: Three Ways To Start Wooing Your Future Audience
The argument can be made that today’s authors have to do more self-promotion than ever before in the history of the written word. These days, it’s not enough to generate good work and shake the right hands. Modern publishers consider a number of external factors before extending that coveted contract.
One of the most important factors, in many publishers’ eyes, is how expansive your fan base is— your social media followings (among many other factors) are huge indicators of your ability to promote your work via your own connections and thus make yourself a profitable publishing investment.
In this installment of “In the Public Eye”, PR expert Julie Schoerke offers tips on establishing a large, loyal following whilst making general, real connections.
3 Ways to Start Wooing Your Future Audience
By Julie Schoerke
Founder, JKS Communications, A Book Publicity Firm
This week I had a fascinating call with a serial entrepreneur. Michael Lyons has a series of novels coming in the future. He has planned five books, and written two, but he already has 3,000 readers through social media, personally engaged with him and his series—which is the tip of the iceberg from what he’s targeted by the time the first book launches.
What does Michael Lyons have in common with veteran author Jenny Milchman? Jenny’s road to publishing is well-documented and celebrated as a success for those who persevere. It took her more than 12 years, but she got a Big Five publishing deal and is now well-known in in the mystery/thriller world.
Jenny’s passion has been connecting kids and independent bookstores. Not a direct link to mystery/thrillers, but it has given her the opportunity to connect with hundreds of bookstores, and she’s accrued thousands of fans in a really authentic way.
Jenny and Michael are both great examples of authors who start marketing and building influence before they even have a publishing date. They make real connections with real people.
What can you do now to make authentic connections with readers and/or tastemakers around the country?
Consider who your “people” are
How old are the people who will read your book and share it?
Where do they live?
What are they passionate about?
What groups or organizations do they belong to or identify with that you can begin cultivating?
Figure out where your “people” are on social media and jump in:
Facebook is great for middle-age readers
Instagram captures the attention of 20-somethings and younger
Pinterest may be ideal for “cozy mystery” fans who like a heaping helping of wholesomeness with their book
Twitter is a hashtagger’s dream for connecting with audiences of causes or specific interests
Make real connections
As you begin to build your base of contacts, don’t go for quantity over quality. Connect with other authors and tastemakers in the industry such as librarians, booksellers, book reviewers, bloggers, book club mavens, etc. Hiring someone in a third-world country to get you a bunch of followers is meaningless if they don’t actually share your passion.
When you connect on social media, don’t just “friend” someone, engage them. Ask their advice, let them know about some quirky fact you just picked up, as well as—of course—retweeting, liking their posts, etc.
Michael sends direct messages to each person he connects with on social media. He starts a dialogue that asks questions and their advice. This provides a back and forth exchange. His novels feature kids who grew up in military families, known as “brats”. As a former military “brat” himself, he knows where to look to find real groups and “virtual” (online) groups that cater to the interests of alumni of that lifestyle, and kids who are living it today.
Jenny meets hundreds of people in person and then connects with them on social media. She always engages in valuable conversations on a myriad of topics that are important to the people she is “friends” with. Jenny has a radio show that explores the topics that are of interest to mystery writers and readers. She is the founder of “Take Your Child To a Bookstore Day,” which occurs each December with more than 700 bookstores involved.
Be your real, genuine self. Cheryl Rainfield is a great example of an author who shares her triumphs, her challenges and her social concerns as well as her beloved dog’s health with her friends and fans on social media.
Lori Rader-Day is always posting funny, interesting things on Facebook. And she is the queen of events and fun! She makes herself available to groups in the Chicago metropolitan area all of the time and is a popular fixture at mystery conferences.
I wouldn’t miss Charles Salzberg’s posts on social media for anything because they make me laugh or enrage me. He knows how to entertain and inform in short pithy ways.
Kay Kendall is an author’s author who is always lifting up other’s careers and shining a bright light on her colleagues and those books she knows her sphere of influence will like.
In order to “woo” your future audiences, you must be diligent in staying connected with fans, tastemakers, and colleagues in the “real” world at conferences, book festivals, and professional organizations—as well as Facebook groups, Twitter meet-ups, etc. If you are visiting a city, collect data from your social media to learn who is in that area that you could meet face-to-face for a “Dutch” dinner or drinks.
Be on the lookout for valuable content (articles, blogs, etc.) that they will be interested in, and build your email list to share information with these folks that they will be glad to have. When your book is ready to release, these folks will feel like they have more of a stake because you are real to them. That is how you establish a loyal fan base while remaining authentic and genuine.
Julie Schoerke founded JKS Communications, a Literary Publicity Firm, 15 years ago, and the firm has gone on to represent more than 600 authors, as well as publishers and literary organizations. Personalizing creative campaigns for each author, having an accountability system in place throughout the authors' campaigns and including former journalists on the publicity team are hallmarks of her vision for the firm. Julie speaks at writers’ conferences, universities, and book festivals across the United States. She also writes book- marketing and book-promotion columns for trade publications and is a featured guest frequently on radio. JKS Communications is headquartered in Nashville, TN with operations in New Orleans and New York as well. For more information please visit www.jkscommunications.com
State of the Industry: Contract Decoding
Continuing Milt Toby’s three-part exploration of publishing contracts (see our January and February editions), we’ve finally arrived at perhaps the most frustrating component of a typical contract: warranties & indemnifications.
These sections are typically riddled with legal jargon that will leave your typical author scratching his/her head—or maybe just skipping straight ahead to pulling hair from scalp. Either way, it’s important to understand how much protection your hide has from the all-powerful paddle of the law, and what you can legally expect from your publishers.
In lieu of hired legal counsel—Milt Toby is here to help.
Contract Decoding (Part 3 of 3)
By Milt Toby
Promises and Problems
Authors should be alert for “warranty” and “indemnification” clauses in their publishing contracts. The former identifies guarantees that the author is asked to make by the publisher, some more onerous that others; the latter is the publisher’s attempt to insulate itself from liability in the event of legal action arising from publication of the book that is the subject of the contract.
This is typical warranty language:
“The Author warrants that he or she is the sole owner of the Work and has full power and authority to enter into this Agreement, that the Work does not infringe the copyright of any other work, that the Work does not violate the rights to privacy or publicity of any person, and that the Work does not defame any person or entity.”
The warranties of manuscript ownership, legal authority to bargain with the publisher, and no copyright infringement make sense, and are things that are reasonable for the author to know. Warranties that the book does not infringe on the rights to privacy and publicity of any individual, and that the book does not defame anyone, are more problematic. Whether a particular book violates privacy or publicity rights, or is defamatory, are legal judgments that an author might not be in a position to predict. Adding limiting language, such as “to the best of the Author’s knowledge and belief” creates some maneuvering room for the author and can be important in the event of legal action by a person claiming to have been harmed.
A contract should include warranties by the publisher that no substantive corrections or additions can be made in the manuscript without prior author approval. It is unfair to hold an author responsible for editorial changes made by the publisher without her approval.
Even more bothersome are “indemnification” clauses such as this one:
“Author agrees to indemnify and hold harmless the publisher against any and all claims (including reasonable attorney fees) that may arise through Author’s breach of any warranty or representation made herein.”
Consider the ramifications of an indemnification clause: an author signing a contract with such language is agreeing to pay the publisher’s legal bills for any legal action related to the book, even if those legal claims prove to be frivolous and the author is not at fault. This is a heavy burden, and an unreasonable one, for an author to bear. The best strategy is to ask that the clause be deleted in its entirety, an action which publishers are reluctant to do. A reasonable alternative is to try and add limiting language such as “when Author’s liability is established in a court of competent jurisdiction, after all available appeals.” This modified clause at least protects an author from frivolous claims.
Liability insurance for authors is available from a few carriers, but it can be prohibitively expensive. Publishers should already have liability insurance in place and they might be willing to add an author to the policy as an also-insured individual. The answer probably will be “no,” but when negotiating a contract it never hurts to ask.
Authors also should be wary of contract language giving the publisher right of first refusal for the author’s next book, usually under the same terms as the original contract. It sounds tempting for an author to think that there is a guaranteed publisher for the next book, but the clause is an option, not a promise. It is a sweet deal for the publisher if the first book is a success, and no guarantee for the author if the first book fails to meet expectations.
Deleting the clause is the best option. Otherwise, the author should request a time limit for the publisher to either accept or refuse the option, restrict the genre so that the author can look for a more suitable publisher, and allow for renegotiation of the contract terms.
Lessons Learned
Authors are an independent and creative group. This usually is a good thing, but making sense of a complicated publishing contract is seldom a do-it-yourself job. These contracts are binding legal documents with long-term consequences relating to copyright, money, liability, and other issues not covered here. Contracts are written by lawyers in the publisher’s employ and are best interpreted by the author in consultation with an attorney who is familiar with publishing agreements and who can protect the author’s interests.
Milt Toby is an attorney and award-winning author of nonfiction. He joined the Board of Directors of the American Society of Journalists and Authors in July, after several years as Chair of the ASJA Contracts & Conflicts Committee. The information in this article is presented for educational purposes only and is neither legal advice nor a solicitation for clients. For more information about Milt’s books, visit his website at www.miltonctoby.com.
State of the Industry: Contract Decoding
Continuing Milt Toby’s three-part exploration of publishing contracts (see our January and February editions), we’ve finally arrived at perhaps the most frustrating component of a typical contract: warranties & indemnifications.
These sections are typically riddled with legal jargon that will leave your typical author scratching his/her head—or maybe just skipping straight ahead to pulling hair from scalp. Either way, it’s important to understand how much protection your hide has from the all-powerful paddle of the law, and what you can legally expect from your publishers.
In lieu of hired legal counsel—Milt Toby is here to help.
Contract Decoding (Part 3 of 3)
By Milt Toby
Promises and Problems
Authors should be alert for “warranty” and “indemnification” clauses in their publishing contracts. The former identifies guarantees that the author is asked to make by the publisher, some more onerous that others; the latter is the publisher’s attempt to insulate itself from liability in the event of legal action arising from publication of the book that is the subject of the contract.
This is typical warranty language:
“The Author warrants that he or she is the sole owner of the Work and has full power and authority to enter into this Agreement, that the Work does not infringe the copyright of any other work, that the Work does not violate the rights to privacy or publicity of any person, and that the Work does not defame any person or entity.”
The warranties of manuscript ownership, legal authority to bargain with the publisher, and no copyright infringement make sense, and are things that are reasonable for the author to know. Warranties that the book does not infringe on the rights to privacy and publicity of any individual, and that the book does not defame anyone, are more problematic. Whether a particular book violates privacy or publicity rights, or is defamatory, are legal judgments that an author might not be in a position to predict. Adding limiting language, such as “to the best of the Author’s knowledge and belief” creates some maneuvering room for the author and can be important in the event of legal action by a person claiming to have been harmed.
A contract should include warranties by the publisher that no substantive corrections or additions can be made in the manuscript without prior author approval. It is unfair to hold an author responsible for editorial changes made by the publisher without her approval.
Even more bothersome are “indemnification” clauses such as this one:
“Author agrees to indemnify and hold harmless the publisher against any and all claims (including reasonable attorney fees) that may arise through Author’s breach of any warranty or representation made herein.”
Consider the ramifications of an indemnification clause: an author signing a contract with such language is agreeing to pay the publisher’s legal bills for any legal action related to the book, even if those legal claims prove to be frivolous and the author is not at fault. This is a heavy burden, and an unreasonable one, for an author to bear. The best strategy is to ask that the clause be deleted in its entirety, an action which publishers are reluctant to do. A reasonable alternative is to try and add limiting language such as “when Author’s liability is established in a court of competent jurisdiction, after all available appeals.” This modified clause at least protects an author from frivolous claims.
Liability insurance for authors is available from a few carriers, but it can be prohibitively expensive. Publishers should already have liability insurance in place and they might be willing to add an author to the policy as an also-insured individual. The answer probably will be “no,” but when negotiating a contract it never hurts to ask.
Authors also should be wary of contract language giving the publisher right of first refusal for the author’s next book, usually under the same terms as the original contract. It sounds tempting for an author to think that there is a guaranteed publisher for the next book, but the clause is an option, not a promise. It is a sweet deal for the publisher if the first book is a success, and no guarantee for the author if the first book fails to meet expectations.
Deleting the clause is the best option. Otherwise, the author should request a time limit for the publisher to either accept or refuse the option, restrict the genre so that the author can look for a more suitable publisher, and allow for renegotiation of the contract terms.
Lessons Learned
Authors are an independent and creative group. This usually is a good thing, but making sense of a complicated publishing contract is seldom a do-it-yourself job. These contracts are binding legal documents with long-term consequences relating to copyright, money, liability, and other issues not covered here. Contracts are written by lawyers in the publisher’s employ and are best interpreted by the author in consultation with an attorney who is familiar with publishing agreements and who can protect the author’s interests.
Milt Toby is an attorney and award-winning author of nonfiction. He joined the Board of Directors of the American Society of Journalists and Authors in July, after several years as Chair of the ASJA Contracts & Conflicts Committee. The information in this article is presented for educational purposes only and is neither legal advice nor a solicitation for clients. For more information about Milt’s books, visit his website at www.miltonctoby.com.
State of the Industry: Contract Decoding, Part Two
In this second of three installments, Milt Toby explores perhaps the most popular of subjects: getting paid for your work.
As an accomplished author and attorney, Toby is better equipped than most to be your guide into the publishing world. In our January edition, Toby gave us a glimpse at contract decoding and how to determine where your rights end and the publisher’s begin.
So put the cushions back on the couch, leave the kids’ piggybank alone, and hold off on calling that bookie—at least until you’ve heard what Toby has to say. In this installment, he will show you how to understand your contractual payment rights. We’re not guaranteeing you profit (that’s between you, the publisher, and your audience), but we are guaranteeing that no kneecaps are assaulted due to a failure in communication.
Contract Decoding (Part 2 of 3)
By Milt Toby
As mentioned in the first installment of “Contract Decoding”, a publishing contract can often be riddled with mind-numbing legal jargon. The author must understand, among other things, the rights being sold and warranties/indemnifications present within the contract—difficult channels to navigate, at best.
The publishing contract also establishes how, and how much, the author will be paid.
Common payment schemes include:
Flat fee;
Advance with royalties deferred;
No advance, with royalties starting with the first sale.
A flat fee is just what the name suggests. The publisher pays the author an agreed upon amount, usually divided into two or more installments triggered by specific events such as signing the contract, delivering the manuscript, and final approval by the editor. A flat-fee payment before any book sales might sound a lot like an advance—both are upfront money—but there is an important difference between the two that authors should understand.
After the flat fee is paid, the publisher has no ongoing financial obligation to the author in the form of royalties from book sales. An advantage to a flat fee contract is guaranteed income for an author early in the publishing process; a disadvantage is that the author has no financial interest in how well the book sells. Over the long term, especially if the book turns out to be a popular one, an author might earn more from royalties than from a flat fee.
An advance against royalties, especially a large one, is the Holy Grail for authors—money when the contract is signed, plus royalties based on sales. Only a small percentage of publishers offer advances these days, however, and authors lucky enough to land one need to understand how the numbers work.
Unlike a flat fee, which is not dependent on sales, an advance is money paid to an author by the publisher in anticipation of future book sales. A typical structure for advance payments is one-third of the total amount when the contract is signed, one-third when the manuscript is delivered by the author, and one-third when the final version of the manuscript is approved by the publisher. For authors of fiction, who generally sell their books based on a completed manuscript rather than on a proposal, the first two installments in the example above could occur at the same time.
One aspect of an advance that sometimes confuses authors is the notion that an advance is free money. In fact, royalty payments to the author will not begin until the book has “earned out.” This is a term of art which means that the publisher recoups the advance already paid by keeping all royalties until the full amount of the advance is recovered. Only then, and only if the books earns out, will royalty payments to the author begin.
The majority of books do not earn back their advances, however, unless the author is among the Stephen Kings and Dan Browns of the publishing world. For that reason, it is prudent for many authors to consider the advance the only money they will earn from their books.
The third payment scheme, and the most common one for fiction authors, is a publishing deal without any advance. The downside is obvious, no money up front. On the other hand, the author earns royalties starting with the first book sale since there is no advance for the publisher to recover. Given a choice, most authors probably would opt for an advance. Realistically, though, a choice between an advance against royalties or no advance will not be an option in most situations.
Running the Numbers
Royalty payments will be listed as percentages in a publishing contract. A typical (and imaginary) royalty schedule for a hardcover novel might look something like this:
10% of cover price/net price/net proceeds for first 5,000 copies sold
12.5% of cover/price/net price/net proceeds for next 5,000 copies sold
15% of cover price/net price/net proceeds for subsequent copies sold
For this to make sense, some definitions are in order:
Cover price: Self-explanatory, the price listed on the cover of the book (and the price most readers never actually pay)
Net price/net proceeds: The cover price of the book, minus the discount given by the publisher to book retailers. This method recognizes that book publishers typically are wholesalers of their books. A publisher’s net price/proceeds should not include any deductions for overhead expenses.
The distinction between cover price and net price is important. The terms should be defined and the contract should be clear about which number is being used as the basis for the royalty calculations. The difference between royalties based on cover price and those based on net price can be substantial.
For example, an author’s 10-per-cent royalty for a book based on a cover price of $25.00 is $2.50 for each copy sold.
If, on the other hand, the same 10-per-cent royalty is based on net price (the cover price of $25.00 minus the publisher’s discount given to book retailers, usually between 40 per cent and 50 per cent), the author’s royalty drops by as much as one-half, to around $1.25. A basic understanding of the mechanics of royalty payments helps an author avoid an unpleasant surprise when the first royalty check arrives.
A word about ebooks is appropriate here, because there is substantial disagreement about how to calculate the appropriate royalty rate for those paperless editions. Authors argue that the royalty rate for an ebook should be higher than for a print book because the publisher has very little overhead compared to printing, storing, and shipping print versions of the same book. The Authors Guild is pushing for at least a 50%-50% split on ebook royalties, characterizing the author-publisher relationship as a joint venture, but publishers are resisting. This is an example of how the competing interests of authors and publishers come into play in a publishing contract.
Finally, authors should consider how often the publisher is going to write a royalty check. It might take longer to get a check than expected. Many publishers calculate royalty payouts every six months, on December 31 and June 30, for example. The accounting period sometimes is unreasonably long, however, with publishers asking for accounting on an annual basis. Six-month accounting does not mean that the publisher cuts a check at the end of each accounting period, however. Contracts generally allow publishers an additional period of time—30 days at a minimum, sometimes longer—before they have to actually pay royalties to authors. Lengthy accounting periods, along with additional time to actually pay authors the royalties due, amount to interest-free loans from authors to publishers.
Lessons Learned
Authors should try and negotiate as short an accounting period as possible.
Publishers also frequently hold back a portion of the royalties earned by authors, called a “reserve,” to account for returns of books from retailers. The rationale is that a publisher might pay royalties on sales to retailers on books that later are returned for refunds. Authors should try and negotiate either no reserve or a reasonable limit on the length of time reserve funds can be held.
Publishers usually give authors a few free copies of the book (always ask for more free copies!) and the opportunity to buy additional copies of the book at a reduced price. Although authors generally do not earn royalties on these discounted purchases, authors can generate profitable full-price resales at signings, book fairs, and other events, unless the contract seeks to prohibit such retail sales by the author. Resale restrictions do not show up in publishing contracts often, and publishers often delete them if asked, but authors should look for these clauses if they plan to resell books themselves.
In our next edition, Toby will guide you through understanding “warranties and indemnifications”—what they are, and what rights you have regarding them
Milt Toby is an attorney and award-winning author of nonfiction. He joined the Board of Directors of the American Society of Journalists and Authors in July, after several years as Chair of the ASJA Contracts & Conflicts Committee. The information in this article is presented for educational purposes only and is neither legal advice nor a solicitation for clients. For more information about Milt’s books, visit his website at www.miltonctoby.com.
State of the Industry: Contract Decoding, Part Two
In this second of three installments, Milt Toby explores perhaps the most popular of subjects: getting paid for your work.
As an accomplished author and attorney, Toby is better equipped than most to be your guide into the publishing world. In our January edition, Toby gave us a glimpse at contract decoding and how to determine where your rights end and the publisher’s begin.
So put the cushions back on the couch, leave the kids’ piggybank alone, and hold off on calling that bookie—at least until you’ve heard what Toby has to say. In this installment, he will show you how to understand your contractual payment rights. We’re not guaranteeing you profit (that’s between you, the publisher, and your audience), but we are guaranteeing that no kneecaps are assaulted due to a failure in communication.
Contract Decoding (Part 2 of 3)
By Milt Toby
As mentioned in the first installment of “Contract Decoding”, a publishing contract can often be riddled with mind-numbing legal jargon. The author must understand, among other things, the rights being sold and warranties/indemnifications present within the contract—difficult channels to navigate, at best.
The publishing contract also establishes how, and how much, the author will be paid.
Common payment schemes include:
Flat fee;
Advance with royalties deferred;
No advance, with royalties starting with the first sale.
A flat fee is just what the name suggests. The publisher pays the author an agreed upon amount, usually divided into two or more installments triggered by specific events such as signing the contract, delivering the manuscript, and final approval by the editor. A flat-fee payment before any book sales might sound a lot like an advance—both are upfront money—but there is an important difference between the two that authors should understand.
After the flat fee is paid, the publisher has no ongoing financial obligation to the author in the form of royalties from book sales. An advantage to a flat fee contract is guaranteed income for an author early in the publishing process; a disadvantage is that the author has no financial interest in how well the book sells. Over the long term, especially if the book turns out to be a popular one, an author might earn more from royalties than from a flat fee.
An advance against royalties, especially a large one, is the Holy Grail for authors—money when the contract is signed, plus royalties based on sales. Only a small percentage of publishers offer advances these days, however, and authors lucky enough to land one need to understand how the numbers work.
Unlike a flat fee, which is not dependent on sales, an advance is money paid to an author by the publisher in anticipation of future book sales. A typical structure for advance payments is one-third of the total amount when the contract is signed, one-third when the manuscript is delivered by the author, and one-third when the final version of the manuscript is approved by the publisher. For authors of fiction, who generally sell their books based on a completed manuscript rather than on a proposal, the first two installments in the example above could occur at the same time.
One aspect of an advance that sometimes confuses authors is the notion that an advance is free money. In fact, royalty payments to the author will not begin until the book has “earned out.” This is a term of art which means that the publisher recoups the advance already paid by keeping all royalties until the full amount of the advance is recovered. Only then, and only if the books earns out, will royalty payments to the author begin.
The majority of books do not earn back their advances, however, unless the author is among the Stephen Kings and Dan Browns of the publishing world. For that reason, it is prudent for many authors to consider the advance the only money they will earn from their books.
The third payment scheme, and the most common one for fiction authors, is a publishing deal without any advance. The downside is obvious, no money up front. On the other hand, the author earns royalties starting with the first book sale since there is no advance for the publisher to recover. Given a choice, most authors probably would opt for an advance. Realistically, though, a choice between an advance against royalties or no advance will not be an option in most situations.
Running the Numbers
Royalty payments will be listed as percentages in a publishing contract. A typical (and imaginary) royalty schedule for a hardcover novel might look something like this:
10% of cover price/net price/net proceeds for first 5,000 copies sold
12.5% of cover/price/net price/net proceeds for next 5,000 copies sold
15% of cover price/net price/net proceeds for subsequent copies sold
For this to make sense, some definitions are in order:
Cover price: Self-explanatory, the price listed on the cover of the book (and the price most readers never actually pay)
Net price/net proceeds: The cover price of the book, minus the discount given by the publisher to book retailers. This method recognizes that book publishers typically are wholesalers of their books. A publisher’s net price/proceeds should not include any deductions for overhead expenses.
The distinction between cover price and net price is important. The terms should be defined and the contract should be clear about which number is being used as the basis for the royalty calculations. The difference between royalties based on cover price and those based on net price can be substantial.
For example, an author’s 10-per-cent royalty for a book based on a cover price of $25.00 is $2.50 for each copy sold.
If, on the other hand, the same 10-per-cent royalty is based on net price (the cover price of $25.00 minus the publisher’s discount given to book retailers, usually between 40 per cent and 50 per cent), the author’s royalty drops by as much as one-half, to around $1.25. A basic understanding of the mechanics of royalty payments helps an author avoid an unpleasant surprise when the first royalty check arrives.
A word about ebooks is appropriate here, because there is substantial disagreement about how to calculate the appropriate royalty rate for those paperless editions. Authors argue that the royalty rate for an ebook should be higher than for a print book because the publisher has very little overhead compared to printing, storing, and shipping print versions of the same book. The Authors Guild is pushing for at least a 50%-50% split on ebook royalties, characterizing the author-publisher relationship as a joint venture, but publishers are resisting. This is an example of how the competing interests of authors and publishers come into play in a publishing contract.
Finally, authors should consider how often the publisher is going to write a royalty check. It might take longer to get a check than expected. Many publishers calculate royalty payouts every six months, on December 31 and June 30, for example. The accounting period sometimes is unreasonably long, however, with publishers asking for accounting on an annual basis. Six-month accounting does not mean that the publisher cuts a check at the end of each accounting period, however. Contracts generally allow publishers an additional period of time—30 days at a minimum, sometimes longer—before they have to actually pay royalties to authors. Lengthy accounting periods, along with additional time to actually pay authors the royalties due, amount to interest-free loans from authors to publishers.
Lessons Learned
Authors should try and negotiate as short an accounting period as possible.
Publishers also frequently hold back a portion of the royalties earned by authors, called a “reserve,” to account for returns of books from retailers. The rationale is that a publisher might pay royalties on sales to retailers on books that later are returned for refunds. Authors should try and negotiate either no reserve or a reasonable limit on the length of time reserve funds can be held.
Publishers usually give authors a few free copies of the book (always ask for more free copies!) and the opportunity to buy additional copies of the book at a reduced price. Although authors generally do not earn royalties on these discounted purchases, authors can generate profitable full-price resales at signings, book fairs, and other events, unless the contract seeks to prohibit such retail sales by the author. Resale restrictions do not show up in publishing contracts often, and publishers often delete them if asked, but authors should look for these clauses if they plan to resell books themselves.
In our next edition, Toby will guide you through understanding “warranties and indemnifications”—what they are, and what rights you have regarding them
Milt Toby is an attorney and award-winning author of nonfiction. He joined the Board of Directors of the American Society of Journalists and Authors in July, after several years as Chair of the ASJA Contracts & Conflicts Committee. The information in this article is presented for educational purposes only and is neither legal advice nor a solicitation for clients. For more information about Milt’s books, visit his website at www.miltonctoby.com.
In The Public Eye: The #1 Novice Mistake in Self-Publishing
Self-publishing is becoming an increasingly popular option for many authors. And, in recent years, the industry has seen a flood of self-publishing companies hit the market—CreateSpace and Lightning Source chief among them.
In her latest article, PR expert Julie Schoerke discusses the pros and cons of self-publishing, and how companies like CreateSpace or Lightning Source simultaneously help and hurt writers, readers, and bookstores alike.
The #1 Novice Mistake in Self-Publishing
By Julie Schoerke
You may be, no you are, brilliant with what you’ve chosen to do with your life up to this point. However, nothing prepares you for book publishing and the myriad of ways that you can get screwed.
Because there are so many books being published today—some estimates based on ISBN purchases, put the number at more than 3 million in the United States alone each year. And 2.2 million of those are self or “indie” published books.
There is a whole industry that has emerged to “help” authors publish their books for the first time. But, a number of these are predatory or are not the right fit, and it’s tough for an author to know that unless they’ve been down the publishing path before.
Here’s what you need to do if you’re going to self-publish, while going for the “traditionally published” look of your book:
Hire a professional book editor. Not a journalist, not a former teacher, a book editor. At JKS, we require the book to be edited by a book editor that has either worked for a major publishing house (a lot of them freelance now) or has edited a book that has won a major national award. They know how a book is supposed to be packaged so that the reader has an enjoyable experience. This is developmental editing with copy editing coming at the very end.
Hire an amazing book cover designer. While there are lots of über-talented and creative graphic artists, a book cover is very specific and if you don’t do it correctly, it will look shoddy. Unless you’re coming from a publishing background, you really need to have a pro to create and evaluate the cover. A book is, sadly, judged on its covers oftentimes.
Find a book designer who has laid out interior books for a publishing house in the past. There are all kinds of amateurish mistakes that can be made here that will make your book look unprofessional. Trust me. I shudder when I see these, as I know that, no matter how good the writing is, it’s just not going to get the respect it deserves if it isn’t done well and to industry standards.
Hire a book publicity firm that you feel like you click with, understands what your goals are, and is enthusiastic about your particular book. There are various ways to find out if a book publicity firm is legitimate. Talk to friends. Research them online. Research the mid-list books that they represented 6 to 18 months ago to see if you can find plenty of things online about the book. Talk to the publicity firm and see if the personality fit is comfortable for you. Find out how they are held accountable for what they say they will do for you (there are no guarantees of specific media in book publicity, but reporting and transparency are paramount).
There are many questions about self/indie publishing through CreateSpace (Amazon) vs. Lightning Source or Spark (Ingram). If you are publishing through CreateSpace, and have that name inside of your book, then know that it will be looked upon favorably by Amazon when “optimizing” it’s viewability on the book buying site, but will be a total buzzkill for bookstores who want nothing to do with Amazon and consider the company to be ruthlessly setting out to ruin their business. CreateSpace indicates in it’s promotional materials that your book is available for order by any bookstore—just understand that no bookstore will order your book whether it’s available or not since it’s been produced by their toughest competitor.
If you publishing through an Ingram subsidiary, that is very friendly for bookstores and makes it easy for them to order your book—it’s always “in stock” because Ingram can produce a beautiful print-on-demand copy (they’ve come a long way, baby!) within an hour of the request and it will be mailed the same day. What’s more, if you publish through an Ingram subsidiary, the largest distributor of books in the U.S. is producing your book across all distribution chains. The best feature is that a bookstore can order your book and see it in the Ingram catalog without having to set up a new payment system to get your book. Indie bookstores would like to be able to keep track of all orders in one place and Ingram or Baker & Taylor are the top choices. Your book won’t be highly “optimized” on Amazon, but it’s not penalized either.
Many of our indie authors publish on CreateSpace for Amazon and Ingram Spark for bookstores—it takes two ISBNs, but is well worth it. Anyone who is going to publish a book, an ebook, or audio book, and will potentially write more books in the future, should buy a set of 10 ISBNs (cheaper in a bundle) from Bowker (www.bowker.com), rather than through CreateSpace (again, you will be tagged as an affiliate of Amazon if you use one of their ISBNs, which bookstores can see in their computer systems).
While both CreateSpace and Ingram subsidiaries have their benefits, you’re most likely to experience positive results if you eschew the Amazon self-publishing option. Whichever route you take, one thing remains constant: you will need professional help in order to turn your manuscript into a well-polished, marketable reality—or else risk undermining the book you worked so hard to create.
Happy writing in 2016!
Julie Schoerke founded JKS Communications, a Literary Publicity Firm, 15 years ago, and the firm has gone on to represent more than 600 authors, as well as publishers and literary organizations. Personalizing creative campaigns for each author, having an accountability system in place throughout the authors' campaigns and including former journalists on the publicity team are hallmarks of her vision for the firm. Julie speaks at writers’ conferences, universities, and book festivals across the United States. She also writes book- marketing and book-promotion columns for trade publications and is a featured guest frequently on radio. JKS Communications is headquartered in Nashville, TN with operations in New Orleans and New York as well. For more information please visit www.jkscommunications.com
In The Public Eye: The #1 Novice Mistake in Self-Publishing
Self-publishing is becoming an increasingly popular option for many authors. And, in recent years, the industry has seen a flood of self-publishing companies hit the market—CreateSpace and Lightning Source chief among them.
In her latest article, PR expert Julie Schoerke discusses the pros and cons of self-publishing, and how companies like CreateSpace or Lightning Source simultaneously help and hurt writers, readers, and bookstores alike.
The #1 Novice Mistake in Self-Publishing
By Julie Schoerke
You may be, no you are, brilliant with what you’ve chosen to do with your life up to this point. However, nothing prepares you for book publishing and the myriad of ways that you can get screwed.
Because there are so many books being published today—some estimates based on ISBN purchases, put the number at more than 3 million in the United States alone each year. And 2.2 million of those are self or “indie” published books.
There is a whole industry that has emerged to “help” authors publish their books for the first time. But, a number of these are predatory or are not the right fit, and it’s tough for an author to know that unless they’ve been down the publishing path before.
Here’s what you need to do if you’re going to self-publish, while going for the “traditionally published” look of your book:
Hire a professional book editor. Not a journalist, not a former teacher, a book editor. At JKS, we require the book to be edited by a book editor that has either worked for a major publishing house (a lot of them freelance now) or has edited a book that has won a major national award. They know how a book is supposed to be packaged so that the reader has an enjoyable experience. This is developmental editing with copy editing coming at the very end.
Hire an amazing book cover designer. While there are lots of über-talented and creative graphic artists, a book cover is very specific and if you don’t do it correctly, it will look shoddy. Unless you’re coming from a publishing background, you really need to have a pro to create and evaluate the cover. A book is, sadly, judged on its covers oftentimes.
Find a book designer who has laid out interior books for a publishing house in the past. There are all kinds of amateurish mistakes that can be made here that will make your book look unprofessional. Trust me. I shudder when I see these, as I know that, no matter how good the writing is, it’s just not going to get the respect it deserves if it isn’t done well and to industry standards.
Hire a book publicity firm that you feel like you click with, understands what your goals are, and is enthusiastic about your particular book. There are various ways to find out if a book publicity firm is legitimate. Talk to friends. Research them online. Research the mid-list books that they represented 6 to 18 months ago to see if you can find plenty of things online about the book. Talk to the publicity firm and see if the personality fit is comfortable for you. Find out how they are held accountable for what they say they will do for you (there are no guarantees of specific media in book publicity, but reporting and transparency are paramount).
There are many questions about self/indie publishing through CreateSpace (Amazon) vs. Lightning Source or Spark (Ingram). If you are publishing through CreateSpace, and have that name inside of your book, then know that it will be looked upon favorably by Amazon when “optimizing” it’s viewability on the book buying site, but will be a total buzzkill for bookstores who want nothing to do with Amazon and consider the company to be ruthlessly setting out to ruin their business. CreateSpace indicates in it’s promotional materials that your book is available for order by any bookstore—just understand that no bookstore will order your book whether it’s available or not since it’s been produced by their toughest competitor.
If you publishing through an Ingram subsidiary, that is very friendly for bookstores and makes it easy for them to order your book—it’s always “in stock” because Ingram can produce a beautiful print-on-demand copy (they’ve come a long way, baby!) within an hour of the request and it will be mailed the same day. What’s more, if you publish through an Ingram subsidiary, the largest distributor of books in the U.S. is producing your book across all distribution chains. The best feature is that a bookstore can order your book and see it in the Ingram catalog without having to set up a new payment system to get your book. Indie bookstores would like to be able to keep track of all orders in one place and Ingram or Baker & Taylor are the top choices. Your book won’t be highly “optimized” on Amazon, but it’s not penalized either.
Many of our indie authors publish on CreateSpace for Amazon and Ingram Spark for bookstores—it takes two ISBNs, but is well worth it. Anyone who is going to publish a book, an ebook, or audio book, and will potentially write more books in the future, should buy a set of 10 ISBNs (cheaper in a bundle) from Bowker (www.bowker.com), rather than through CreateSpace (again, you will be tagged as an affiliate of Amazon if you use one of their ISBNs, which bookstores can see in their computer systems).
While both CreateSpace and Ingram subsidiaries have their benefits, you’re most likely to experience positive results if you eschew the Amazon self-publishing option. Whichever route you take, one thing remains constant: you will need professional help in order to turn your manuscript into a well-polished, marketable reality—or else risk undermining the book you worked so hard to create.
Happy writing in 2016!
Julie Schoerke founded JKS Communications, a Literary Publicity Firm, 15 years ago, and the firm has gone on to represent more than 600 authors, as well as publishers and literary organizations. Personalizing creative campaigns for each author, having an accountability system in place throughout the authors' campaigns and including former journalists on the publicity team are hallmarks of her vision for the firm. Julie speaks at writers’ conferences, universities, and book festivals across the United States. She also writes book- marketing and book-promotion columns for trade publications and is a featured guest frequently on radio. JKS Communications is headquartered in Nashville, TN with operations in New Orleans and New York as well. For more information please visit www.jkscommunications.com
In The Public Eye: Three Quick Ways to Become an Outcast on Social Media
Social media, and the use of it, has become an undeniably important component of our daily lives. When you’re a writer or public figure, social media can prove to be one of the biggest tools in your arsenal. But what happens when you misuse this tool, and how can you avoid doing so? Public relations expert Julie Schoerke lays out the dos and don’ts of social media to keep you from committing common faux pas.
Three Quick Ways to Become an Outcast On Social Media
By Julie Schoerke
Social media is just great, until it isn’t.
Everyone wants to be the life of the party—witty, fun, sought out. Without realizing it, some very nice people whom I know, have managed to alienate people on social media to the point of getting blocked. And, I truly believe, they just don’t understand the etiquette.
Three of the best ways to become persona non-grata on Facebook, Twitter, LinkedIn and other social media are to:
Vomit on your audience—There’s the 9:1 rule. Post about your book only one time to every nine times that you post something to support your fellow authors, share an interesting statistic or information you just learned, or something fun and funny. Vomiting on your audience is when you boorishly self-promote. Most people wouldn’t do it at a party (well, maybe some would), don’t do it at the all day/all night cyber party we call social media.
Tagaggressively. This is akin to name-dropping, but kind of even worse. When you have a post that you think will be interesting to others, have faith that they’ll see it in their newsfeed. If you want to tag others so that their friends see it on their newsfeed…well, DON’T. Tagging is reserved for highlighting others in a positive way—tag people who are featured in the photo that accompanies the post on Facebook, Twitter, Instagram, Linkedin, etc.
Negativity can easily drive friends away in a social situation, and the same goes for virtual friends. Of course there is the political screaming that is rampant on social media—as an author/public figure, it doesn’t do your career much good to entangle in that unless that’s what your books are about.
But, even more importantly, complaining can come off as crass and ungrateful. For example, there is one New York Times bestselling author, whose books I adored—they were funny, ironic, and self-deprecating—but I came to realize that the books obviously had a great editor, because this author wrote the meanest, cruelest things about strangers that she came upon in her everyday life. She ridiculed them and sometimes even took photos and posted them of poor, unsuspecting people in grocery lines that offended her. I blocked her—it was just too mean-spirited. And I’ve never read another of her books.
There is another multi-New York Times bestselling author that I continue to follow just to use as an example for our clients. She has had great success. She is a brilliant writer—terrific wordsmith with riveting stories and fabulous titles that cause her books to fly off the shelves around the country. But, on social media she berates fans and reviewers and shares her personal frustrations as an author very publicly. For someone who has attained such great success in a field that is more competitive than making it onto a U.S. Olympic team, it feels small and ungrateful to complain that others don’t understand how challenging her life is as an author.
Killer Nashville wants to follow YOU!
Join us on our social media accounts.
There are some great examples of generous, fun, interesting authors on social media. There are thousands of great people on social media who are generous, encouraging to other writers, fun, thought-provoking and real members of the community—some you probably know, others you probably don’t. I’ll share a few of my favorites here, and please add authors that you think would be great for the rest of us to follow. Feel free to include yourself in the comments (as long as you feel pretty confident that your newsfeed follows the above advice):
Clay Stafford (if you have to ask why, you’ve flunked the test)
Jenny Milchman (always promoting other authors—generous)
Charles Salzburg (every day has a fascinating true crime story to share and is funny)
Kay Kendall (interesting tidbits of all kinds to share)
Roy Burkhead (he’s like BuzzFeed for the publishing industry)
Karolyn Sherwood (great combination of book reviews with heartfelt posts and personal insight)
Rita Dragnotte (she’s quickly becoming a celebrated Chicago literary tastemaker)
Peter Golden (fabulous photos on social media, past and present)
Dinty Moore (pithy, clever, smart)
Harrison Scott Key (straight David Sedaris of the South)
Dawn Lerman (good example of an author of a very popular book right now who is also genuine on social media and responds to others’ posts…it’s not all about her)
Julie Schoerke founded JKS Communications, a Literary Publicity Firm, 15 years ago, and the firm has gone on to represent more than 600 authors, as well as publishers and literary organizations. Personalizing creative campaigns for each author, having an accountability system in place throughout the authors' campaigns and including former journalists on the publicity team are hallmarks of her vision for the firm. Julie speaks at writers’ conferences, universities, and book festivals across the United States. She also writes book- marketing and book-promotion columns for trade publications and is a featured guest frequently on radio. JKS Communications is headquartered in Nashville, TN with operations in New Orleans and New York as well. For more information please visit www.jkscommunications.com
In The Public Eye: Three Quick Ways to Become an Outcast on Social Media
Social media, and the use of it, has become an undeniably important component of our daily lives. When you’re a writer or public figure, social media can prove to be one of the biggest tools in your arsenal. But what happens when you misuse this tool, and how can you avoid doing so? Public relations expert Julie Schoerke lays out the dos and don’ts of social media to keep you from committing common faux pas.
Three Quick Ways to Become an Outcast On Social Media
By Julie Schoerke
Social media is just great, until it isn’t.
Everyone wants to be the life of the party—witty, fun, sought out. Without realizing it, some very nice people whom I know, have managed to alienate people on social media to the point of getting blocked. And, I truly believe, they just don’t understand the etiquette.
Three of the best ways to become persona non-grata on Facebook, Twitter, LinkedIn and other social media are to:
Vomit on your audience—There’s the 9:1 rule. Post about your book only one time to every nine times that you post something to support your fellow authors, share an interesting statistic or information you just learned, or something fun and funny. Vomiting on your audience is when you boorishly self-promote. Most people wouldn’t do it at a party (well, maybe some would), don’t do it at the all day/all night cyber party we call social media.
Tagaggressively. This is akin to name-dropping, but kind of even worse. When you have a post that you think will be interesting to others, have faith that they’ll see it in their newsfeed. If you want to tag others so that their friends see it on their newsfeed…well, DON’T. Tagging is reserved for highlighting others in a positive way—tag people who are featured in the photo that accompanies the post on Facebook, Twitter, Instagram, Linkedin, etc.
Negativity can easily drive friends away in a social situation, and the same goes for virtual friends. Of course there is the political screaming that is rampant on social media—as an author/public figure, it doesn’t do your career much good to entangle in that unless that’s what your books are about.
But, even more importantly, complaining can come off as crass and ungrateful. For example, there is one New York Times bestselling author, whose books I adored—they were funny, ironic, and self-deprecating—but I came to realize that the books obviously had a great editor, because this author wrote the meanest, cruelest things about strangers that she came upon in her everyday life. She ridiculed them and sometimes even took photos and posted them of poor, unsuspecting people in grocery lines that offended her. I blocked her—it was just too mean-spirited. And I’ve never read another of her books.
There is another multi-New York Times bestselling author that I continue to follow just to use as an example for our clients. She has had great success. She is a brilliant writer—terrific wordsmith with riveting stories and fabulous titles that cause her books to fly off the shelves around the country. But, on social media she berates fans and reviewers and shares her personal frustrations as an author very publicly. For someone who has attained such great success in a field that is more competitive than making it onto a U.S. Olympic team, it feels small and ungrateful to complain that others don’t understand how challenging her life is as an author.
Killer Nashville wants to follow YOU!
Join us on our social media accounts.
There are some great examples of generous, fun, interesting authors on social media. There are thousands of great people on social media who are generous, encouraging to other writers, fun, thought-provoking and real members of the community—some you probably know, others you probably don’t. I’ll share a few of my favorites here, and please add authors that you think would be great for the rest of us to follow. Feel free to include yourself in the comments (as long as you feel pretty confident that your newsfeed follows the above advice):
Clay Stafford (if you have to ask why, you’ve flunked the test)
Jenny Milchman (always promoting other authors—generous)
Charles Salzburg (every day has a fascinating true crime story to share and is funny)
Kay Kendall (interesting tidbits of all kinds to share)
Roy Burkhead (he’s like BuzzFeed for the publishing industry)
Karolyn Sherwood (great combination of book reviews with heartfelt posts and personal insight)
Rita Dragnotte (she’s quickly becoming a celebrated Chicago literary tastemaker)
Peter Golden (fabulous photos on social media, past and present)
Dinty Moore (pithy, clever, smart)
Harrison Scott Key (straight David Sedaris of the South)
Dawn Lerman (good example of an author of a very popular book right now who is also genuine on social media and responds to others’ posts…it’s not all about her)
Julie Schoerke founded JKS Communications, a Literary Publicity Firm, 15 years ago, and the firm has gone on to represent more than 600 authors, as well as publishers and literary organizations. Personalizing creative campaigns for each author, having an accountability system in place throughout the authors' campaigns and including former journalists on the publicity team are hallmarks of her vision for the firm. Julie speaks at writers’ conferences, universities, and book festivals across the United States. She also writes book- marketing and book-promotion columns for trade publications and is a featured guest frequently on radio. JKS Communications is headquartered in Nashville, TN with operations in New Orleans and New York as well. For more information please visit www.jkscommunications.com
State of the Industry: Contract Decoding
So you’ve just finished your latest book and, boy, is it a good one. You’ve got characters who jump off the page, an engaging plot, and you’re certain if you could get Bill Shakespeare, Stephen King, and Hemingway in the same room, they’d sing your praises ‘til the cows came home (They were at the river. It was there.). It’s time your baby bird flew the coup and landed safely in the arms of a competent publisher. But where do you start?
In this first of three installments, Milt Toby explores the ins-and-outs of the standard publication processes. As an accomplished author and attorney, Toby is better equipped to be your guide than most.
Contract Decoding (Part 1 of 3)
By Milt Toby
Making sense of a publishing contract is not for the faint of heart. Faced with page after page of mind-numbing legalese, nearly always written by the publisher’s attorneys, authors sometimes give up midway through the process. They throw up their hands in despair and sign on the dotted line with minimal understanding of the long-term commitments they are making. This is a mistake, a serious one that often cannot be rectified. Publishing contracts set the parameters for what often will be a long-term relationship between parties that may have competing interests in their respective approaches to selling books.
“I didn’t read the contract”, or “I read it, but I didn’t understand it”, or “it doesn’t mean what I thought it did” are common arguments from authors who want to get out of a contract. These arguments hardly ever carry any weight in court, however. A contract with an author’s signature carries with it the strong presumption that the author read the contract, understood it, and approved the terms.
Authors’ questions should be answered and their concerns resolved before, rather than after, signing the contract. Deciphering all the language in a typical publishing contract is beyond the scope of this article. For the same reason, the article will be limited to so-called “traditional” publishing contracts. Self-publishing, whether print, or ebook, or a combination of the two, has its own set of issues, as do the pay-to-play arrangements in which the author pays at least a share of the publisher’s expenses associated with getting a book in print. Instead, the focus here will be on a few of the most important contract clauses. Coincidently, these issues also are the ones that frequently cause problems for authors, the first of which will be explored in this installment:
the rights being sold;
getting paid;
warranties and indemnification.
Competing Interests
Fundamental to evaluating a publishing contract is an understanding of the nature of the relationship between an author and a publisher. While it is tempting to view that relationship as a partnership—and in some sense that characterization is a fair one—a publishing contract represents the competing interests of the two parties. The best deal for a publisher is one that maximizes profits while limiting potential liability in case of a lawsuit. Authors want the same things, maximum profit and minimal liability.
The parties’ goals tend to be mutually exclusive, however, and authors must understand that a contract drafted by a publisher’s attorneys is going to reflect the publisher’s interests and not necessarily the interests of the author. There is nothing unethical about this. It is a fact of life that an attorney’s obligation when representing a client is to protect the client’s interest. It also is a fact of life that authors (or their agents if they are lucky enough to have one) must protect their own interests in contract negotiations. There are no contract police that swoop in to protect an author’s interests.
The first step is figuring out exactly what the contract language really means.
Rights and Wrongs
Two questions matter the most to an author evaluating a publishing contract:
First, who really owns the rights to the manuscript?
Second, which rights are being sold?
The answer to the first question is not as obvious as it might seem. The default rule pursuant to Section 201(a) of the Copyright Act is that authors start out owning all rights to their work, beginning the moment the work is fixed in some tangible form. Copyright ownership is important because it allows an author to make money, either through self-publishing or through selling the publication rights to someone else. Publishing contracts typically require an author to warrant (legalese for “promise”) that she is the copyright owner and that she has the legal right to transfer those rights—more about potentially troublesome warranties later.
There are important exceptions to the general rule of copyright ownership that affect an author’s ability to earn money from her writing, however, including works made for hire and works produced by two or more contributors.
Work Made for Hire
If you write a book or magazine article as part of your job duties, as a staff writer for example, the employer, not the writer, is the “author” for copyright purposes. In this situation, which seldom applies to authors of fiction, the employer is the “author” and is the owner of the copyright. This means that the author of a work for hire, the individual who actually put words to paper, has no rights in the book or article.
Work for hire arrangements are most common in the newspaper and magazine publishing world. Work for hire language might appear in a book contract as well, though, and should raise a serious warning flag for authors.
Before signing a work for hire agreement, an author should weigh the effect of the clause—no rights in the resulting work—against the money (including royalties, if applicable) being offered by the publisher. A general rule of thumb is that the more rights being transferred, the more the author should be paid. A work for hire contract, in which all rights belong to the publisher from the start, should command the highest payment of all.
A contract that requires the author to transfer all rights to the publisher takes a different route to achieve the same effect as a work for hire agreement: although the author owns the copyright initially, the author winds up with no rights to the book. Authors should be wary of contracts that call for a transfer of “all rights,” “all world rights,” or something similar.
A question that sometimes arises involves registration of the copyright in the book. The contract should specify that the publisher will register the copyright for the book in the author’s name. With work for hire and all rights agreements, however, the copyright will be registered in the publisher’s name.
Collaborative Works
A second exception that can hamper an author’s ability to transfer rights in a book to an interested publisher arises when there is more than one author. Ownership of the copyright in a “joint work” is shared by the contributing authors, and problems can result if one co-author wants to sign a publishing contract and the other co-author does not. In such a situation, one of the joint authors may not have legal authority to act unilaterally when negotiating a publishing contract.
Authors considering a joint writing project should have a written agreement setting out their respective rights in the resulting work.
The answer to the second question—which rights are being sold—is more straightforward: the rights being sold are those specifically identified in the publishing contract. Corresponding language stating that all rights not specifically identified in the contract remain with the author always should be included in the contract.
The primary right, the most important one to both authors and publishers, is the right to actually publish the book. Typical language is “the exclusive right to publish the book for the first time in an English-language version” or something similar. Open-ended language, such as simply the “right to publish the book” should be avoided.
Everything else is a “subsidiary right.” These include electronic rights, serialization, book club editions, foreign language translations, audio recordings, Braille/large type, and film/television/radio/stage rights. Publishers generally ask for all subsidiary rights as a matter of course, and for many authors this is not a bad idea. The party in the best position to exploit a particular subsidiary right is the party that should have it, and this often will be the publisher. If, on the other hand, an author has a relative or friend with a high-powered job in Hollywood, for example, the author might want to retain performance rights. Publishing contracts typically call for a 50%-50% split between author and publisher for income from the sale of subsidiary rights.
Lessons Learned
Beyond the right to publish the book, with appropriate limitations to that right, there is no “correct” answer to which rights an author should transfer to a publisher. That is a business decision and an author should consult with an attorney, her agent, or other advisors familiar with publishing contracts for advice on whether the proposed contract accomplishes what it is supposed to do to protect the author’s interests.
In our next edition, Milt will explore one of the more popular aspects of publishing: getting paid.
Milt Toby is an attorney and award-winning author of nonfiction. He joined the Board of Directors of the American Society of Journalists and Authors in July, after several years as Chair of the ASJA Contracts & Conflicts Committee. The information in this article is presented for educational purposes only and is neither legal advice nor a solicitation for clients. For more information about Milt’s books, visit his website at www.miltonctoby.com.
State of the Industry: Contract Decoding
So you’ve just finished your latest book and, boy, is it a good one. You’ve got characters who jump off the page, an engaging plot, and you’re certain if you could get Bill Shakespeare, Stephen King, and Hemingway in the same room, they’d sing your praises ‘til the cows came home (They were at the river. It was there.). It’s time your baby bird flew the coup and landed safely in the arms of a competent publisher. But where do you start?
In this first of three installments, Milt Toby explores the ins-and-outs of the standard publication processes. As an accomplished author and attorney, Toby is better equipped to be your guide than most.
Contract Decoding (Part 1 of 3)
By Milt Toby
Making sense of a publishing contract is not for the faint of heart. Faced with page after page of mind-numbing legalese, nearly always written by the publisher’s attorneys, authors sometimes give up midway through the process. They throw up their hands in despair and sign on the dotted line with minimal understanding of the long-term commitments they are making. This is a mistake, a serious one that often cannot be rectified. Publishing contracts set the parameters for what often will be a long-term relationship between parties that may have competing interests in their respective approaches to selling books.
“I didn’t read the contract”, or “I read it, but I didn’t understand it”, or “it doesn’t mean what I thought it did” are common arguments from authors who want to get out of a contract. These arguments hardly ever carry any weight in court, however. A contract with an author’s signature carries with it the strong presumption that the author read the contract, understood it, and approved the terms.
Authors’ questions should be answered and their concerns resolved before, rather than after, signing the contract. Deciphering all the language in a typical publishing contract is beyond the scope of this article. For the same reason, the article will be limited to so-called “traditional” publishing contracts. Self-publishing, whether print, or ebook, or a combination of the two, has its own set of issues, as do the pay-to-play arrangements in which the author pays at least a share of the publisher’s expenses associated with getting a book in print. Instead, the focus here will be on a few of the most important contract clauses. Coincidently, these issues also are the ones that frequently cause problems for authors, the first of which will be explored in this installment:
the rights being sold;
getting paid;
warranties and indemnification.
Competing Interests
Fundamental to evaluating a publishing contract is an understanding of the nature of the relationship between an author and a publisher. While it is tempting to view that relationship as a partnership—and in some sense that characterization is a fair one—a publishing contract represents the competing interests of the two parties. The best deal for a publisher is one that maximizes profits while limiting potential liability in case of a lawsuit. Authors want the same things, maximum profit and minimal liability.
The parties’ goals tend to be mutually exclusive, however, and authors must understand that a contract drafted by a publisher’s attorneys is going to reflect the publisher’s interests and not necessarily the interests of the author. There is nothing unethical about this. It is a fact of life that an attorney’s obligation when representing a client is to protect the client’s interest. It also is a fact of life that authors (or their agents if they are lucky enough to have one) must protect their own interests in contract negotiations. There are no contract police that swoop in to protect an author’s interests.
The first step is figuring out exactly what the contract language really means.
Rights and Wrongs
Two questions matter the most to an author evaluating a publishing contract:
First, who really owns the rights to the manuscript?
Second, which rights are being sold?
The answer to the first question is not as obvious as it might seem. The default rule pursuant to Section 201(a) of the Copyright Act is that authors start out owning all rights to their work, beginning the moment the work is fixed in some tangible form. Copyright ownership is important because it allows an author to make money, either through self-publishing or through selling the publication rights to someone else. Publishing contracts typically require an author to warrant (legalese for “promise”) that she is the copyright owner and that she has the legal right to transfer those rights—more about potentially troublesome warranties later.
There are important exceptions to the general rule of copyright ownership that affect an author’s ability to earn money from her writing, however, including works made for hire and works produced by two or more contributors.
Work Made for Hire
If you write a book or magazine article as part of your job duties, as a staff writer for example, the employer, not the writer, is the “author” for copyright purposes. In this situation, which seldom applies to authors of fiction, the employer is the “author” and is the owner of the copyright. This means that the author of a work for hire, the individual who actually put words to paper, has no rights in the book or article.
Work for hire arrangements are most common in the newspaper and magazine publishing world. Work for hire language might appear in a book contract as well, though, and should raise a serious warning flag for authors.
Before signing a work for hire agreement, an author should weigh the effect of the clause—no rights in the resulting work—against the money (including royalties, if applicable) being offered by the publisher. A general rule of thumb is that the more rights being transferred, the more the author should be paid. A work for hire contract, in which all rights belong to the publisher from the start, should command the highest payment of all.
A contract that requires the author to transfer all rights to the publisher takes a different route to achieve the same effect as a work for hire agreement: although the author owns the copyright initially, the author winds up with no rights to the book. Authors should be wary of contracts that call for a transfer of “all rights,” “all world rights,” or something similar.
A question that sometimes arises involves registration of the copyright in the book. The contract should specify that the publisher will register the copyright for the book in the author’s name. With work for hire and all rights agreements, however, the copyright will be registered in the publisher’s name.
Collaborative Works
A second exception that can hamper an author’s ability to transfer rights in a book to an interested publisher arises when there is more than one author. Ownership of the copyright in a “joint work” is shared by the contributing authors, and problems can result if one co-author wants to sign a publishing contract and the other co-author does not. In such a situation, one of the joint authors may not have legal authority to act unilaterally when negotiating a publishing contract.
Authors considering a joint writing project should have a written agreement setting out their respective rights in the resulting work.
The answer to the second question—which rights are being sold—is more straightforward: the rights being sold are those specifically identified in the publishing contract. Corresponding language stating that all rights not specifically identified in the contract remain with the author always should be included in the contract.
The primary right, the most important one to both authors and publishers, is the right to actually publish the book. Typical language is “the exclusive right to publish the book for the first time in an English-language version” or something similar. Open-ended language, such as simply the “right to publish the book” should be avoided.
Everything else is a “subsidiary right.” These include electronic rights, serialization, book club editions, foreign language translations, audio recordings, Braille/large type, and film/television/radio/stage rights. Publishers generally ask for all subsidiary rights as a matter of course, and for many authors this is not a bad idea. The party in the best position to exploit a particular subsidiary right is the party that should have it, and this often will be the publisher. If, on the other hand, an author has a relative or friend with a high-powered job in Hollywood, for example, the author might want to retain performance rights. Publishing contracts typically call for a 50%-50% split between author and publisher for income from the sale of subsidiary rights.
Lessons Learned
Beyond the right to publish the book, with appropriate limitations to that right, there is no “correct” answer to which rights an author should transfer to a publisher. That is a business decision and an author should consult with an attorney, her agent, or other advisors familiar with publishing contracts for advice on whether the proposed contract accomplishes what it is supposed to do to protect the author’s interests.
In our next edition, Milt will explore one of the more popular aspects of publishing: getting paid.
Milt Toby is an attorney and award-winning author of nonfiction. He joined the Board of Directors of the American Society of Journalists and Authors in July, after several years as Chair of the ASJA Contracts & Conflicts Committee. The information in this article is presented for educational purposes only and is neither legal advice nor a solicitation for clients. For more information about Milt’s books, visit his website at www.miltonctoby.com.
State of the Industry: Many Routes to the Book Promotion Finish Line… Pick One and Start!
Diving into cold water, ripping off a Band-Aid… Sometimes spontaneity and impulsiveness are exactly what you need. Nike’s ad campaign hits the nail on the head when it comes to exercising: “Just Do It”. In her first column for Killer Nashville Magazine, public relations expert Julie Schoerke offers advice along these lines for promoting your book and yourself.
Many Routes to the Book Promotion Finish Line… Pick One and Start!
By Julie Schoerke
You’ve heard the old adage, “just get moving,” when it comes to starting an exercise routine for better health.
Same is true as you “build your platform” or start spreading your wings in your new career—aspiring writer to published author.
You’re smart, you’ve got characters playing in your head, you’re all about the writing. But, wait! You need to become known, like you would at any other workplace. And you’ve got to start now! Wherever you are in the process, now is the right moment to start thinking about promotion.
Jenny Milchman, author of Cover of Snow, Ruin Falls, and As Night Falls, (view her books on our affiliate site, Amazon.com) had so many friends in the publishing industry and around the country by the time her first novel was published that you could hear cheers from New York to San Francisco.
Here is Jenny’s advice for those starting:
“It's never too early to begin promoting your book—you could say I started 10 years before getting published—although I didn't think of it as ‘promotion’. Instead, consider what we are really doing: building relationships that will do far more than sell books. They will enrich our whole lives.”
What can you do to engage as part of this community before you have a book deal?
Become a student of your genre and what’s happening in it— read the newest books, know the well-known works, follow their authors’ careers.
Attend author events at your local bookstore; get to know the staff and the authors coming through your city. Buy their book, and have them sign it that night! Don’t go home and order on Amazon!
Attend some meet-up writing groups (you can find them in just about any city online at www.meetup.com) or groups organized through your library or bookstore—become a part of a community of serious writers.
Make connections on social media: Become a true fan of authors, agents, librarians, mystery bookstores, and book industry insiders on Facebook and Twitter. Comment, like, and share their news with your followers.
Volunteer at your local book festival. Host visiting authors in your town or city.
And, of course, attend the Killer Nashville Writers’ Conference! Participate in writer’s workshops and retreats, honing your skills and perfecting your craft while making some great friendships along the way.
You do not have to do all of these things, or you may choose other ways to become involved. The first step is to do something.
A public relations expert with 30 years of experience and founder of JKS Communications, Julie specializes in developing winning book publicity campaigns for authors and publishers. www.jkscommunications.com
Killer Nashville is a participant in the Amazon Services LLC Associates Program. If you purchase a book from the links on this page, Amazon will give Killer Nashville a small percentage of the total sale.
State of the Industry: Interview with Jill Maxick of Prometheus Books
By Maria Giordano
Killer Nashville Staff
The symbolism behind the name Prometheus Books is not mistaken. Much like the Greek mythological character, Prometheus, who gives fire to mankind, so does the venerated publishing company give to mankind with its unique and an intriguing stable of reputed fiction and nonfiction writers. Think Issac Asimov and Victor Stenger, who are just a couple of the many names among its stable of authors during the company’s history.
Prometheus was self-sold and self-distributed until 2013, when the company started a sales and distribution partnership with Penguin Random House. Jill Maxick, vice president of marketing for Prometheus Books, took some time to speak with Killer Nashville to share insight into working at Prometheus Books, and it’s history.
KN: What is the origin of Prometheus? Who started it? What's the history, and how does its original mission manifest today? What's it like today, and how many people work there today?
JM: Paul Kurtz founded Prometheus Books in 1969 when he was a professor of philosophy at the State University of New York at Buffalo. Kurtz, who died in 2012, used to call Prometheus "a hobby that got out of control." The press was started, literally, at his kitchen table, so that Kurtz could put forth ideas that he and his colleagues felt were missing from public discourse at the time.
He wasn’t initially seeking to create a money-making business, but rather, to stimulate conversation, offer alternative viewpoints, and—purposefully through the lasting medium of books—light the way to reason, intelligence, and independence (like the Greek god Prometheus did.) Our list began with mostly the categories of applied philosophy, atheism, secular humanism, skepticism, and critical thinking. Over time, we developed a popular science list that remains one of our core strengths, and ultimately established a very diverse catalog while still preserving those core niches. We publish in psychology, mathematics, social issues, health and medicine, quirky histories, etc., and often find our books bridge the gap between academic application and the popular, consumer market. Our acquisition philosophy was to seek intelligent nonfiction for the thoughtful lay reader―books that inspire thought and require some intellectual commitment and curiosity. Even though we’ve grown to include two genre fiction imprints (Pyr, a science fiction and fantasy line, and Seventh Street Books, a crime fiction imprint) we still keep Paul Kurtz's philosophies in mind and don't often publish nonfiction that's contrary to his ideological principles.
There are 30 full-time staffers at Prometheus Books, primarily based in our Amherst, New York headquarters, although a few editors work remotely from other states. We were self-sold and self-distributed for our entire history until 2013, when we started a sales and distribution partnership with Penguin Random House. That required huge changes in how (and when) we execute nearly every aspect of our business. The past few years have been a period of rapid evolution in many ways—from physical overhauls, like eliminating our huge warehouse; to staff transitions, such as fresh editorial and artistic direction for our Pyr imprint; to operational changes, like tweaking our production calendar and procedures. But the dust is settling, new habits are forming, and we could not be happier with what PRH has added to our company’s success and growth.
KN: Who are some of the most widely known authors published by Prometheus?
JM: In nonfiction, we’ve published books from many influential names in science, including Neil deGrasse Tyson, Isaac Asimov, Martin Gardner, Victor Stenger, Nobel Laureate Leon Lederman, and well-known forensic personalities like Dr. Henry C. Lee and Cyril Wecht. We’ve had authors like Steve Allen and Peter Ustinov who were familiar arts and culture names. In genre fiction, we’ve been fortunate enough to publish rising stars like Joe Abercrombie, Adrian McKinty, and Mark Pryor, as well as established names like Mike Resnick and Carolyn Hart.
KN: What's it like working at Prometheus?
JM: Thirty employees may sound like a lot for an independent press, but we’ve always published anywhere from 70 to 100 books a year, and kept nearly everything in print, so that’s a lot of titles to manage. We also outsource very little, doing everything in-house from typesetting to cover design, copyediting to publicity, print-on-demand to proofreading. So the workload isn’t exactly light, but there’s never a dull moment! There are some employees who have always worn multiple, even quite disparate, hats, and many of us balance big picture planning with executing everyday tasks. That kind of stretch can be overwhelming, but it’s also gratifying. For example, even a junior publicist can have significant input into the branding and positioning process, and really anyone here can have a significant influence on our product and program.
State of the Industry: Technology Double-Edged for Writers
By Maria Giordano
Killer Nashville Staff
For better or worse, the last ten years has been tough on the media industry.
Newspapers and magazines have withered under the weight of new digital platforms with the publishing industry facing its own similar battles with technology.
It’s been only in the last year that print sales numbers have appeared to veer from their downward spiral when eBooks exploded onto the market in 2010-2011, said Jim Milliot, editorial director of Publishers Weekly. For the first time in a while, digital sales enjoyed only a slight rise in 2014 based on preliminary numbers, giving print a chance to stabilize.
In the balance, though, seems to be the writers. It’s no secret that droves of journalists have been released into the wild, and – now more than ever – big businesses such as Amazon and Google have stepped into the publishing game, creating a new, uncharted publishing world for writers.
Authors Guild President Roxanna Robinson perhaps said it best in a letter to the Guild membership of about 9,000 that these are interesting times for writers. Indeed, today there are more choices for writers than ever before, but there is a caveat, she says. Writers need to be more aware than ever before particularly because of the rise of companies like Amazon and Google.
Publishing has never been easy whether a writer goes the traditional route or self-publishes, Robinson told me in a phone conversation. Nevertheless, authors continue to reap fewer benefits from their hard work. They are losing control. Particularly with self-publishing “you have to understand the percentages and be willing to engage in heavy promotion. You must expect to be aware. It better suits those with the entrepreneurial spirit.”
In addition, Amazon has exerted a lot of power over independent bookstores, Robinson said. Mostly this is because Amazon is an easier source and can offer lower prices. This has changed the market in a dramatic way, she added. This power has driven bookstores out of business and damaged book sales, including those sales made by libraries.
“Here’s the problem: people like books,” Robinson said. “They like to look at books and feel them. They go look at the books and sometimes walk right outside and buy the books online. Writers should be conscious of this. Amazon is in the business of shipping. Your local independent bookseller is there for you.”
The Authors Guild has a history of being a vocal advocate for writers. Most recently, the Guild is taking steps to appeal their ongoing case against Google for what they view is the theft of copyrighted materials, basically using the intellectual property without paying for it, Robinson said. The case was dismissed in 2013, which was viewed as support of Google’s agreement with five large libraries to digitize materials for its Google Book Search database and taking possession of these texts through the process, Robinson said.
Publishing Optimism Reigns: The PW Interview
By Maria Giordano
Killer Nashville Staff
Not all the numbers are in yet for 2014, but all points indicate that it was a good year for the publishing industry.
In short, print sales appear to be coming back from their downward spiral when eBooks exploded onto the market in 2010-2011, says Jim Milliot, editorial director of Publishers Weekly.
“There are a lot of reasons to keep bookstores in business,” Milliot said. PW is a weekly news magazine focused on the international book publishing business.
“Nobody wants Barnes & Noble and Books-A-Million to go out of business. Both companies have talked about a good holiday season.”
And how did digital books do? Milliot says eBooks enjoyed slight growth, but preliminary numbers are viewed as being roughly flat, which seems to be the same as compared to revenue numbers for eBooks in 2013.
It appears with the advent of digital books that publishing – particularly in relation to print sales – continues to stabilize. Specifically in the mystery genre, the category is considered solid and is also the most digital-friendly, Milliot said. About 20 to 30 percent of sales of mystery books are digital, he added.
Last year, children’s books, including Young Adult literature, did very well. Some of the titles that fared well include The Fault in Our Stars by John Green, the Divergent trilogy by Veronica Roth, and the Frozen franchise, all of which had accompanying film releases. Ten to 12 titles associated with the video game, Minecraft, also did really well.
“Things are more optimistic than it’s been since the recession,” Milliot said. “Print is here to stay, for now.”
This is to not say that the industry isn’t adapting to digital; however, where bookstores were once crazed and fearful about the advent of electronic reading, there seems to be less urgency now, Milliot said.
Many have taken a strategic approach and have incorporated the medium as just another platform.
“(eBooks) certainly were disruptive, and will be going forward, but not in the same way,” Milliot said. “People seem to be experimenting with ways to deliver content.”
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