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Saturday, October 30, 2010

Tango/MGL/Dolphin: The Book Blog: Royalty Payment Brouhaha over Kindle Sales

The folks who brought you THE BOOK may be in the market for some good legal advice.

Publishing contracts are often more opaque than “advanced metrics”....

Don Malcolm Posted: October 30, 2010 at 06:04 PM | 24 comment(s) Login to Bookmark
  Tags: books

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   1. Best Regards, Larry M. Posted: October 31, 2010 at 12:48 AM (#3680181)
Man, that's unlucky.
   2. Downtown Bookie Posted: October 31, 2010 at 01:01 AM (#3680201)
Sorry to hear of their plight.

Without going into the specifics of this skirmish, allow me to just state generally that, in my humble opinion, number manipulation seems to go hand-in-hand with royalty payments.

Book publishing and record labels are two industries that historically have extreme difficulty in accurately recording their sales numbers.

I wish the authors well in their battle.

DB
   3. Jolly Old St. Neck Wound, Moral Idiot Posted: October 31, 2010 at 02:47 AM (#3680298)
My friend Hank Thomas had the right idea when he first published his award-winning bio of his grandfather, Walter Johnson: He self-published ("Phenom Press") the damn thing through several printings and didn't have to worry about getting dicked by his publisher.
   4. Walt Davis Posted: October 31, 2010 at 05:07 AM (#3680313)
I hope things get settled appropriately but ...

I do kinda love the idea of the publisher going into court and showing that, although they had in fact sold X copies of The Book, after adjusting for the 2008-10 bookselling environment and the limited literary range of the authors, this is below replacement level sales and the authors are lucky the publisher isn't asking them for money.
   5. Avoid running at all times.-S. Paige Posted: October 31, 2010 at 05:25 AM (#3680316)
When a publishing house is struggling with finances, the last people to get paid are the authors. It's messed up and completely unfair, but there it is. I hope the guys get all the money they deserve in the end.
   6. Infinite Yost (Voxter) Posted: October 31, 2010 at 06:00 AM (#3680324)
When a publishing house is struggling with finances, the last people to get paid are the authors.


Similar things are true in a lot of industries, and it's often occurred to me that the reason for that is almost certainly is that the authors (and freelancers, etc) are the people who are least likely to be be able to pay for a good lawyer. There's also the amount of debt to be considered -- when they're selling off the furniture to pay the bills, the bank's much more likely to get paid than the guy you owe $600 for ad copy.
   7. McCoy Posted: October 31, 2010 at 07:24 AM (#3680330)
Yeah, but that is because nobody bought the book.
   8. Curse of the Andino Posted: October 31, 2010 at 10:14 AM (#3680338)
Yeah, but that is because nobody bought the book.


Well, Amazon sales rank's sub-100k for the paperback, so figure 5-10 copies a week. Kindle's at 44k, so, again, 5-10 a week. Probably a book like that does better at Xmas time and the start of the baseball season. Easily looking at 2k titles a year for a 3-year-old reference work.

Trouble for them is their publisher's involved in history/military/reference, a sector that is flat-out getting killed by the economy. [They sell to libraries, libraries don't have money anymore.]

Best plan is to do a revised edition, sell it through LSI+CreateSpace, and then their own kindle version at a $10 list price, so they can make 70% of cover.
   9. McCoy Posted: October 31, 2010 at 01:48 PM (#3680366)
I was responding to post #7
   10. The District Attorney Posted: October 31, 2010 at 06:27 PM (#3680474)
I once cowrote a book about text adventures.
AWESOME. Details, pls.
   11. PreservedFish Posted: October 31, 2010 at 07:20 PM (#3680497)
How long would it take you to beat Zork right now?
   12. David Nieporent (now, with children) Posted: October 31, 2010 at 07:25 PM (#3680501)
When a publishing house is struggling with finances, the last people to get paid are the authors.

Similar things are true in a lot of industries, and it's often occurred to me that the reason for that is almost certainly is that the authors (and freelancers, etc) are the people who are least likely to be be able to pay for a good lawyer.
That's part of it. The other part is that the authors have less leverage than anybody else. If you don't pay the utility bill, they turn off the lights. If you don't pay the printers, they stop the presses and you have nothing to sell. You don't pay the staff, they quit. You don't pay the authors, well... you get lots of nasty letters.
   13. Kiko Sakata Posted: October 31, 2010 at 10:03 PM (#3680547)
You don't pay the authors, well...


In theory, if you don't pay the authors shouldn't you lose the right to actually sell their book?
   14. David Nieporent (now, with children) Posted: October 31, 2010 at 10:21 PM (#3680552)
In theory, if you don't pay the authors shouldn't you lose the right to actually sell their book?
That depends, but assuming for the sake of argument that it's true "in theory," it doesn't mean anything unless the author takes legal action to stop you. Which is still a much more distant threat than any of the others I named.
   15. Downtown Bookie Posted: October 31, 2010 at 11:13 PM (#3680559)
In theory, if you don't pay the authors shouldn't you lose the right to actually sell their book?


I presume that, in practice, the publisher not selling their book really doesn't help the authors much.

DB
   16. Who wants to know? Posted: October 31, 2010 at 11:25 PM (#3680566)
EDIT: Never mind ...
   17. GregD Posted: October 31, 2010 at 11:57 PM (#3680583)
The publishers generally care about early sales, so the right to sell a book that's a couple years old is something they're willing to gamble with, since most books' sales decline pretty steeply pretty quickly, whether they're starting high or low.
   18. Fridas Boss Posted: November 01, 2010 at 12:32 AM (#3680631)
Hello, Sailor.
   19. ValueArbitrageur Posted: November 01, 2010 at 04:53 AM (#3681061)
Similar things are true in a lot of industries, and it's often occurred to me that the reason for that is almost certainly is that the authors (and freelancers, etc) are the people who are least likely to be be able to pay for a good lawyer. There's also the amount of debt to be considered -- when they're selling off the furniture to pay the bills, the bank's much more likely to get paid than the guy you owe $600 for ad copy.


While these are certainly factors, i think it's more that they don't need the authors to bring in day to day revenue.. Once a book has been published paying the author doesn't help it sell better. Obviously it's preferable to pay authors so you can get their future books to publish, and so other authors will want to publish with you. But when your back is against the wall you only spend money on things that directly bring in more money.

I was once in the software business, and our company was very small at first, and our distributers treated us similarly. They'd delay our payments because we didn't matter much. When we got bigger, and started coming out with bigger selling products, we started getting paid in a more timely fashion.

If I'm right, I would bet that publishers under financial stress are much less likely to delay payments on already published books to authors who have important new books coming out soon, than to authors who don't..

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