Current Affairs

What Royalty Should Publishers Pay Authors For Ebooks?

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Publishers maintain a 25% royalty on ebooks is generous but the Authors Guild thinks it should be 50%. Author Kelly McClymer's thoughtful husband has crunched the numbers and determined what he believes, based on industry figures, what he thinks the fair royalty should be. He goes into great detail about how he determined those numbers, and it's truly fascinating to read, but here's the bottom line:

25% net is much too low a royalty rate, a 50% net is too much as it assumes no cost to the publisher and is not realistic. […] Ebook royalties should be between 31.4%and 45% of net. The lower royalty rate assumes publishers have the same cost to publish an ebook as a paperback while the 45% has a more reasonable cost.

The Interrogator Is Interrogated

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TTMAR 2 Brian Drake conducts an indepth interview with my buddy Paul Bishop, who has just reissued all of his terrific crime novels as ebooks (some under new titles). Paul is a veteran LAPD detective and an interrogation expert (also the star of ABC's upcoming reality show Take the Money and Run) who brings that experience to his books. But, like Joseph Wambaugh before him, he writes more than simple police procedurals.  In the interview, he talks in detail about how the characters in his books are shaped, in particular his series heroine Fey Croaker. 

BD: Fey Croaker is a great character in her Detective Fey Croaker L.A.P.D. Novels. Was there anyone in particular who inspired her?

PB: All of my long-term partners on the job have been female.  I learned a ton from all of them.  In my opinion, the average woman in law enforcement is much better than the average man – and yes, I know saying that is sacrilege to many.  Women on the job are natural problem solvers and can instinctively deescalate potentially violent situations far quicker and easier than their male counterparts because they are not hung up on their own machismo.

Working for so many years with female partners, I saw firsthand how they were mistreated by bureaucracy, how every time they turned around they were being hit on sexually.  It got to the point where I’d heard every pick-up line in the book a hundred times used on my partners.  I got really tired of it, so I had some inkling of how they felt. 

I also came to understand why female cops have a very hard time sustaining personal relationships outside of the job.  And through investigating sexually related crimes for thirty plus years, I came to believe the majority of females have some kind of sexual abuse – almost always unreported – in their background.  This was inside knowledge, and I wanted to bring it to the character of Fey Croaker.  CROAKER TEQUILA

Before I had even started writing the first book, I had plotted out a four book story arc for Fey’s personal life.  I knew each book would contain a standalone plot, but would also be designed to isolate Fey more and more personally, before forcing her to deal with her demons in the fourth novel.

So, Fey is a combination of many of the great female detectives with whom I’ve had the honor of working.  And the best feeling was when I would be approached by female law enforcement officers who had read the book and demanded to be told how I knew this stuff – it meant I’d gotten it right.

That's not all he gets right. If you're looking for great summer reading, do yourself a big favor and pick up a Paul Bishop novel.

Literary Agents Reinventing Themselves

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Victoriaphoto With the publishing industry undergoing cataclysmic changes, and with self-publishing now a viable option for authors, it's only natural that literary agents are scrambling to position themselves.

How are they going to make money in this new publishing business? How are they going to be relevant?

One way is to reinvent themselves. Instead of just finding clients publishers and negotiating the deals,  they are now branching out into publishing books themselves… or helping their clients self-publish by taking on the management and business side of the business (finding cover artists, copyeditors, tracking royalties, etc) …in exchange for a 15% commission on books sold. Here's how the Dystel & Goderich Literary Agency is doing it:

 We have a project manager whose job it is to coordinate, advise, and make sure that the process goes smoothly with minimal work on the part of the author.  This, because we want our authors to write, not have to engage in a 47-e-mail exchange with someone about font size.   Everything is subject to the author’s approval.

Which brings up the question posed by several of you, both here and on Joe Konrath’s blog: what are you people doing to earn that 15% commission?  Pretty much what we do now to earn that 15% commission.  Our commitment to this is more than just uploading and watching the dollars trickle in.  In addition to all we do as agents, managing self-published properties will be part of our job: updating metadata, copy, next-book excerpts, etc.  It’s not just vague managerial duties, but concrete tasks that we will be adding to our other duties.

Over on the Writer Beware blog, there's an informative, thoughtful, and remarkably civil discussion going on about this new development, one that Victoria Strauss sees as a troubling conflict of interest. Here's just one of her many concerns:

 If an agency can publish a client's book itself, will it try as hard to market the book to traditional publishers? Will it give up sooner on a book that doesn't sell right away? Where and how will the line be drawn between "this book still has potential markets" and "this book is tapped out?" How much–unconsciously or otherwise–will the agency influence clients' decisions on which publishing route to take? According to Dystel & Goderich's announcement, "what we are going to do is to facilitate e-publishing for those of our clients who decide that they want to go this route, after consultation and strategizing about whether they should try traditional publishing first or perhaps simply set aside the current book and move on to the next." (My bolding.) Does this mean that the agency may take on clients whose manuscripts are never marketed to other publishers at all?

 But in the comments section, author Barry Eisler, who is married to an agent, and Joe Konrath, whose agents just announced their new self-publishing intiative, have  jumpd in to explain in detail why they see this as a natural evolution for agents as advocates for their authors. Barry says, in part: 5085106102_6ebeaff14f

I think you're defining the author/agent relationship premise too narrowly. Most fundamentally, the purpose — the end — of the agent is to help authors get their books to the greatest number of readers and achieve the greatest possible commercial and literary success. The means by which this end has traditionally been achieved is a sale to a legacy publisher. Because the "sale to a publisher" route has until quite recently been the only means to the "getting the book to the greatest number of readers and achieve the greatest possible commercial and literary success" end, it's easy to conflate the two. But just as railroads were not in the railroad business, but rather were in the transportation business, agents are not in the "selling to publishers" business, but rather are in the "helping their authors reach the greatest number of readers and achieve the greatest possible commercial and literary success" business. Agents who miss this fundamental distinction are making the same mistake the railroad companies made, and will achieve similar results.

It's discussion well worth reading.  

I'm sure you're wondering where I weigh in on this.

I agree with both Victoria… and with Barry & Joe.

I think it's a big conflict-of-interest when an agency becomes a publisher…creating a situation that's rife with ethical problems and plenty of opportunities for the authors to be exploited and screwed.

However, I think that's very different from what agencies like Dystel & Goderich appear to be offering.  

If I am reading it right, they're offering to take all the headaches out of your self-publishing venture by dealing with the cover artists, copyeditors, formatters, and sales platforms for you.

In other words, you write, we'll handle as much of the business side of it as you'd like us to. You'll still be making all the decisions and writing all the checks…we'll just shoulder all the time-consuming, day-to-day managerial work. 

I don't see a conflict-of-interest in that scenario. It's your self-publishing venture, they're just managing it for you in exchange for a commission (I think 15% for that service is way too high, but that's another discussion).

 (Pictured: Victoria Strauss and Barry Eisler, who photo was taken at Bouchercon 2010 by Mark Coggins)

Me on Me Again

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The Writer Underground interviewed me this week about, well, writing…here's an excerpt.

Q: You came to writing early; you wrote and sold your first novel while still in college. How many novels have you written over the course of your career?

Eight Diagnosis Murder novels, 13 Monk novels, four Jury novels, My Gun Has Bullets, Dead Space, Watch Me Die, and The Walk.

Q: In an era where a lot of “experts” suggest you have to specialize to succeed, you write in several different formats (novels, online, TV, etc); how has that versatility paid off during your career?

It’s kept me alive. I have never put all of my eggs in one basket. So when TV lets me down, the books pick up the slack, and vice-versa. I also work as a TV consultant to studios and networks around the world.

Q: How do you approach new projects when you have little or no experience with that kind of writing (e.g. — your first script, your first novel, first tie-in novel, etc)?

With terror… and excitement. I like challenging myself. It keeps me sharp. I usually begin by researching the subject and talking to experts in it… before tackling it myself.

Q: Any quirky writing habits that would immediately endear you to my readers?

I write in the nude while listening to TV themes. I’m joking, of course. I at least wear underwear.

Q: You’ve got a pretty active online presence; how much time are you investing in your blog, interviews, social media, etc?

Way too much. In fact, I shouldn’t even be answering these questions.

Q: Writing professionally means dealing with tight deadlines, yet “writer’s block” is still a hot topic among writers. How do you make yourself “creative” on a deadline?

It’s the deadline that makes me creative. I do much better when I have a drop-dead date. I have never missed a deadline, even when I had an accident and broke both of my arms.

Q: Any advice for novice writers, or observations about the mistakes they make over and over and over and over…?

Avoid clichés.

 

Just One More Thing…

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OB-OL738_pf14_E_20110624145933 I wrote about Peter Falk, and his portrayal of Lt. Columbo, for the Wall Street Journal today. I said, in part:

Before Peter Falk came along with his iconic portrayal of Lt. Columbo, TV detectives were never people like us. For the most part, they were a smug and self-assured bunch, comfortable in their mental, moral, and physical attributes and their obvious superiority over not only the bad guys, but everybody else, too.

They were smooth and elegant, like Gene Barry’s millionaire homicide cop Amos Burke, or stalwart do-gooders like Jack Webb’s by-the-book Joe Friday, or handsome tough guys like Burt Reynolds’s Dan August. We watched them because they were better versions of ourselves, wish-fulfillment caricatures who didn’t have our imperfections, our doubts, our anxieties. They weren’t so much characters as they were a means of escape from our dreary lives.

But we watched…no, we adored…Peter Falk’s Columbo because he was us:  an everyman, working class, messy, and imperfect, dealing with the physical and domestic woes we know so well, and constantly underestimated by wealthier, better-educated people as a result.

 

 

We Are Family

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Famcroppedb My brother Tod wrote a piece for the Wall Street Journal today about what it's like being part of a family of writers…and the dymanics that have shaped us into the authors were are today. He  says, in part:

the truth is that I didn’t really grow up surrounded by writers as much as all the people I grew up with – my older brother, Lee Goldberg, and my two older sisters, Karen Dinino and Linda Woods, who often collaborate – all became authors. We are separated by nine years, oldest to youngest, yet we managed to end up in the same place, at least metaphorically speaking.

My brother was first. His debut novel, .357 Vigilante, a slim men’s action adventure written under the absurd pen-name Ian Ludlow, was released in 1985 after he got a book deal through his writing teacher at UCLA. I would follow fifteen years later with my first novel and then my sisters, writing as a team, published their first book in 2006. Combined, we’ve published 50 books, hundreds of short stories, essays and features and, in my brother Lee’s case, written or produced 26 different television shows.

[…]We had a difficult childhood, all of us: our mother was dying for most of our lives, the victim of both lupus and cancer, though she’d actually live for 73 years, but that specter hung over us, along with her propensity towards madness. And our father was simply gone, long before he was actually gone. We each escaped into words from an early age. That’s the sad truth that lives under the happy result. The “how” is easily revealed: we enjoyed the escape so much that it became our physical world.

For more, check out the article. You'll know more about us afterwards than you'd ever want to.

 (Pictured: l-r Linda Woods, Lee Goldberg, Maddie Goldberg, Valerie Goldberg, Tod Goldberg, Wendy Goldberg, Karen Dinino, and Jan Curran)

Shaken for Japan

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SHAKEN_FINAL_No_credit Naomi Hirahara, Brett Battles, Wendy Hornsby, Cara Black and Timothy Hallinan are just a few of the amazing authors who've contributed stories to SHAKEN: STORIES OF JAPAN, an ebook anthology that benefits the  Japan America Society of Southern California's Japan relief fund. You won't find an easier or more enjoyable way to contribute money to a great cause.

What Does MWA Do?

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I always feel guilty when I spend more time posting on someone else's blog than my own…which is what has been happening over the last few days. I have been cheating on you over at Joe Konrath's blog. He wrote a lengthy post castigating the MWA for not welcoming self-published authors as active members…so naturally I responded. A lot. But I think some of what I said, even without the context of the subsequent comment thread that prompted my remarks, is worth repeating here. 

So you can read Joe's post for yourself...then come back and read this. Go ahead. I'll wait.

Okay, good to see you back.

First, let me say, that I am speaking for myself, and not in any way for the MWA.

I know ebook self-publishing is changing everything. I am earning far more self-publishing my out-of-print backlist today than I am from my traditional contracts.

I know that MWA will inevitably have to address that side of the business….but I think MWA’s rules will evolve and that these recent changes, while too incremental for Joe and some others, were a necessary and significant first step. 

There are many good points in Joe's post. But his overall argument that MWA should exist to help authors sell books is too narrow.  MWA does a lot of great things — like supporting book festivals & writers conferences, running speakers groups, funding Writer Beware, taking on predatory publishing practices, etc, to support their members and non-members alike.

He likes to use International Thriller Writers as a yardstick for comparison to MWA.  He says they get it right where MWA doesn't.

I agree that ITW does some great things for its members that MWA doesn’t…and vice-versa.

However,  the last time I checked, ITW had only let in three or four self-published authors as active members. Self-published authors are welcome to join ITW as associate members which, by the way, is also the case with MWA.  

I haven't seen ITW announce that they are now including e-publishers and POD publishers as Approved Publishers…and books exclusively published in e-format or POD as eligible for Active Membership…but MWA has.

The ITW, unlike MWA, is utterly beholden to, and dependent upon, “legacy publishers.” The reason members don't have to pay dues is because the ITW lives off the royalties it earns from its anthologies published by Harlequin, among others. If any organization exists to support the old guard, it's ITW.

While they are a different organization, they are also, in many ways, exactly the same. They also have an approved publishers list, they also rely upon "legacy publishing" as a primary yardstick for professional publication, and they also have a large associate membership etc.

So I'm not seeing how ITW is getting it right where MWA isn't.  

There are some also significant differences between the two organizations worth noting…

  • MWA took a strong, and very public stand against Harlequin that other organizations quickly followed (notably not ITW, perhaps because the anthologies that keep their organization afloat are published by Harlequin). MWA ultimately convinced Harlequin to substantially change a program that struck many as predatory and unethical.
  • MWA delisted and strongly condemned Dorchester for their miss-treatment of their authors…and other organizations quickly followed MWA's lead (notably, ITW has remained silent).
  • MWA has teamed up with SFWA to support Writer Beware to expose countless publishing and literary agency scams that prey on writers (What is ITW doing to educate writers about predatory publishing practice? Zero).

I am a proud ITW member, and they have been very, very smart in how they have positioned themselves and how they are helping published writers get more traction. But MWA is about much more than that. 

MWA's stand against Harlequin, for example, was geared entirely towards preventing unpublished authors from getting taken advantage of…and that's a big part of MWA’s mission…and why they partnered with SFWA to support Writer Beware. 

Not only that, but MWA makes substantial financial contributions to scores of big and small book fairs all across the country (including contributing to NY is Book Country, the LA Times Festival of Books, the Miami Book Fair, etc.) to help keep them afloat because they feel supporting writers, booksellers, and the love of reading is important. 

There are also countless workshops and speakers programs that MWA and its local chapters do in high schools, libraries, book fairs, and at community events nationwide to educate writers about writing, publishing, and the mystery genre.

Those efforts help ALL WRITERS published and unpublished, self-published and traditionally published, and teaches aspiring writers new skills, and encourages a love of reading and books that helps authors no matter whether they are published electronically or in print. 

MWA doesn't just exist to help authors promote and sell their books (though MWA promotes its authors with a strong presense at trade events like BookExpo, Printers Row, and ALA, etc.).

They put an enormous effort into protecting aspiring writers… people who ARE NOT MEMBERS… from getting ripped off by publishing scams and con artists who prey on their hopes, desperation, and naivete.

MWA does that by educating its members  as well as through the very existance of its Approved Publishers list (publishers are thoroughly vetted by the MWA’s membership committee and held to a set of high professional standards…as listed in our Approved Publishers criteria).

MWA also uses its might, which comes from its size and the respect it has earned, to leverage big publishers into halting unethical and predatory practices. That doesn't prop up the status quo…that's something MWA does, at great cost in time and money, because it's mission is more than helping successful writers be more successful. Again…all of this is done by volunteer writers. 

MWA's goals, and responsibilities, and what it does for members and non-members alike, are far broader than simply helping it’s members sell books and promote themselves.

Bottom line:  MWA is far, far more than just the self-publishing issue.

But you could argue, as Joe did in the comments to his post, that  “teaching writing craft is a good thing, but how do my dues benefit me when they are being used to teach some newbie how to add conflict to his first short story?”

That’s a fair question. I can only answer for myself.

I pay my $95 in dues not just for what MWA can do for me… but what it does for others. I get something important out of that. You may not. That's fine. 

You may not take any pride or pleasure knowing that your dues go towards teaching a newbie writer about conflict, story structure or dialog…but I sure as hell do. 

You may not take any pride that your money is going to support efforts to prevent publishers from engaging in predatory and unethical conduct towards writers. I do.

You may not see any personal benefit in your money going towards exposing publishing scams and protecting writers from them. I do.

What MWA does is not always for you. Sending authors to libraries or schools may not help you sell books…but it might inspire one kid in the audience to write…or spark a love of reading….or bring new readers to the mystery genre. 

I think that's a great use of my dues money. I get a personal benefit out of it that isn't calculated in books sold.

Actually, Joe and I agree on more than we disagree, though some who do not know us well would not know that from reading this long-winded post (or his).

I am the chair of the MWA membership committee, so I played a big part in crafting these rules.

I am a published author…but I am also a self-published author.

So I see this issue from both sides. 

I have said it before, and I will say it again…the MWA's eligibility criteria are a work-in-progress that will change as the industry does. 

Accepting novels published exclusively as ebooks or POD as making the author eligible for Active Membership is a big, and important step…one other writers organizations, including ITW, the Authors Guild, Horror Writers, etc. have yet to make. 

I am sure there will be other steps to come.

 

The Rap on Me and Monk

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Lee Goldberg and Traylor Howard-2 Kirkus Reviews is spotlighting the MONK books today in an interview with yours truly conducted by J. Kingston Pierce, who also runs the excellent Rap Sheet blog.  Here's a taste:

The series focused primarily on Adrian Monk, but your books are told from Natalie’s first-person perspective. What affect has that had on your storytelling?

I think it humanizes Monk. It gives us a necessary distance and, at the same time, a perspective to frame what we’re seeing. In a way, Natalie’s eyes become the replacement for the TV screen that’s was usually between us and Adrian Monk. Also, a little Monk goes a long way. You can overdo the joke and all the obsessive/compulsive stuff. By telling the stories from Natalie’s point of view, we aren’t with him all the time. We get some space, a breather from his shtick, and I think that’s important.

It’s also a conscious homage to Sherlock Holmes and Nero Wolfe, who were seen as well through the eyes of their assistants.

The interview was huge, and all the stuff that Kirkus couldn't use, Pierce has posted on his blog.  For instance,we expanded on the previous question…

JKP: You’ve said before that telling these stories from the first-person viewpoint of Monk’s assistant, Natalie Teeger (played on screen byTraylor Howard), rather than from a third-person perspective more similar to what we saw on television, “humanizes Monk.” Could you explain that further?

LG: [I]t’s allowed me to add an emotional resonance to the storylines that goes beyond just Monk’s eccentricities and the solving of puzzling mysteries. The underlying theme of the book (and yes, there always is one in each tale) is often reflected in whatever is happening in Natalie’s life. Her personal story frames the way in which she perceives the mystery and reacts to Monk, so it’s all of a piece. It’s allowed me to make her a deeper, more interesting, and more realistic character. By doing that, I ground the story in what I like to think of as “a necessary reality.”

Without that reality, Monk would just be a caricature and cartoon character. Natalie humanizes Monk and makes the world that the two of them live in believable to the reader. Through her, we are able to invest emotionally in the story. Without that crucial element, I believe the books would have failed.

Doug Lyle is a Royal Pain

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My friend 41G5ikeA7oL Doug Lyle, the medical advisor on my scripts & books, as well as my doctor, is writing the tie-in novels based on the hit USA Network series ROYAL PAINS. It was a series he was born to write…I just had to convince him first.

His opening novel in the series, “First Do No Harm,” has just come out and novelist Laura Benedict, whom I had the pleasure of sharing a panel with at a conference in Kentucky, has interviewed him on her blog. Here’s an excerpt:

Q:     I know readers and writers alike will want to know how you came to be chosen for the gig. Was there a writing/audition process?

A:  I have to blame my good friend Lee Goldberg for this. As you know, Lee writes the Diagnosis Murder and Monk novels. His brother Tod writes the Burn Notice novels and his partner Bill Rabkin writes the Psych novels. These are called tie-in novels because they are tied to a television series.

Penguin approached Lee about taking on the Royal Pains project, but he told them he was probably not the guy to do it but that I might be. He recommended me to them. So that’s basically how it began. After I spoke with my wonderful editor there, Sandy Harding, and my equally wonderful agent, Kimberly Cameron, I finally decided to sign a two book deal with them.

Q:    Royal Pains is such a fun television series. Were you a fan, first? You’ve done a terrific job with the characters’ voices in First, Do No Harm–particularly Divya’s. Does it help to have live actors as models for the characters that you’re writing? 

A:    Thank you. I’m glad you liked the characters and the story. Yes, I watched the TV show before I was ever approached to write the novels. Though I have problems with some of the medical stuff that Hank does–couldn’t happen in the real world–I really enjoyed the characters and their interaction. I liked the humor and I liked the other characters that surround the four main ones. And I thought it was an interesting premise.

As for having live actors as models, it’s a double-edged sword. I have these characters that are already created and so therefore I don’t have to come up with new characters out of whole cloth. But, it also means that I can’t tinker with them or take them in directions that I would like. You are constrained by the creators and the TV series as to what you can and cannot do. But overall it was fun.

He goes on to share more about wriing the ROYAL PAINS novel, as well as his other fiction and non-fiction books. You’ll want to check it out.