Ebooks: Dangerous Trends

Posted by Zealot on Jul 25, 2010

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pic_1 Somebody really smart (I think GB Shaw) once said that the more things change, the more they stay the same. He could easily have written a coda to that saying that it it went double with anything involving publishing. Just as ebooks are causing a revolution in publishing, making more books available to more people more of the time, some forces in publishing are seeking to strangle that revolution aborning.

The weapon they seek to use is exclusivity and it is a very potent weapon indeed. It is the kind of thing that can kill innovation and openness with a single cease and desist letter and it could easily change the ebooks landscape, as chaotic as it is already.

The first sign of this trend can be seen coming from Japan, where the popular novelist Ryu Murakami stunned the publisher of his last 15 books by dropping them in favor of an exclusive deal with that well known literary house…Apple.

Here is what Robert McCrum at the Guardian has to say about it…

The battle for the ownership of the book is still being fought on several fronts. It’s a confusing scene, hard to interpret. Depending on where you look, through the fog of IT innovation, there are either white flags or fluttering standards of resistance.

Earlier this month, in a manoeuvre I predict will soon be seen as a watershed, the admired contemporary Japanese writer Ryu Murakami announced that he was publishing his new book, A Singing Whale, in partnership with Apple, as an iPad download, turning his back on his regular Japanese publisher, Kodansha. The book will also include video content set to music composed by Oscar-winning Ryuichi Sakamoto.

The WSJ says that Kodansha is now negotiating a hard cover version with the author, but it is unclear if it will work out.

The trend of popular novelists releasing new work only electronically is a bad sign, while having them do it only for a single device is worse. Ideally electronic and print releases should go hand in hand, or at worst be staggered (as has been done by such authors as Stephen King in publicity stunts). When a book is available ONLY as an ebook, readable on only one device…it is a bit like saying a book will only be available from a single bookseller, or in a single city. Why take a medium designed to expand your audience, and use it to do the opposite?

An even more troubling trend is coming from literary agent Andrew Wylie who is to authors what Don King is to boxers….high profile, somewhat shady, and always controversial but he represents some of the biggest names in the business, which in his case is serious fiction. His new venture is the creation of an ebook publishing imprint, Odyssey Editions, which will have exclusive rights to publish 20 or so novels in ebook form initially with more to come. That is just fine, the problem comes next….Odyssey Editions ebooks will ONLY be available as Kindle books sold via Amazon, and include some extremely important modern works, including Vladimir Nabokov’s “Lolita”, Phillip Roth’s “Portnoy’s Complaint” and Ralph Ellison’s “Invisible Man”.

To think that to read Lolita as an ebook you will need to use Kindle software exclusively is something that seems almost like sacrilege to me and utterly unacceptable. Traditional publishing houses are responding negatively but cautiously so far, except for Random House who had already staked claims to many of the ebook titles Odyssey is offering, and had this to say…

The Wylie Agency’s decision to sell e-books exclusively to Amazon for titles which are subject to active Random House agreements undermines our longstanding commitments to and investments in our authors, and it establishes this agency as our direct competitor. Therefore, regrettably, Random House on a worldwide basis will not be entering into any new English-language business agreements with the Wylie Agency until this situation is resolved.

When you consider that the Wylie Agency represents such authors as Martin Amis and Salman Rushdie, this has the possibility of being a very public mess in an industry used to doing these things in private. Wiley, to his credit, says he is thinking about Random House’s response before commenting further.

I expect that other publishers are applauding the stand Random House has taken even as they hedge their bets, since Wiley is laying claim to some of the most popular of what are called Backlist titles. Backlist titles are older books that are either classics or earlier works by currently popular authors. They are the bread and butter in an industry where best sellers come and go unpredictably and since their rights were negotiated a while back, they aren’t covered by ebook deals…therefore they occupy a very gray, and very lucrative, area. Google got a taste of how controversial they can be when publishers went as far as Capital Hill to block their Google Editions plan, which could potentially scoop up the rights to millions of Backlist titles. Google gave ground, but the matter is by no means concluded.

If this trend continues, then we may be adding a scramble for exclusive rights to the price war that is currently going on between ebook leaders such as Apple, Amazon and Barnes & Noble. However unlike the price war, this new wrinkle can only be bad for readers and ultimately authors too by making a wide open medium a good deal more closed.

Zealot (839 Posts) - Website | Twitter | Facebook


By day a department manager and writer for a major network device vendor...by night Zealot stalks the mean magnetic streets, striking fear into the hearts of bandwidth abusers and theme park mascots. Zealot has been involved with mobile devices for more than a decade now, starting off with dumb phones, moving to PDAs and then to smartphones, notebooks and netbooks with the odd PMP thrown in. Most of his mobile time currently is spent on a Treo Pro, Zune HD, Thinkpad T61, HP Mini 311, iPod Touch 3G, iPad 16G or a Hackintoshed Compaq Mini 704. He proudly groks the Geek community and considers himself a Neo Maxi Zune Dweebie (thanks Wil Wheaton!).

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  • http://twitter.com/simes4u/status/19503067275 Simon Sparrow

    Ebooks: Dangerous Trends http://bit.ly/9YG0Lx

  • http://twitter.com/joaanelee/status/19503199626 Joaane

    Ebooks: Dangerous Trends: Just as ebooks are causing a revolution in publishing, making more books available… http://tinyurl.com/36wtlsr

  • http://twitter.com/davidhancock/status/19505079921 David Hancock

    RT @PublishersWkly: From Mobilitysite: exclusivity is a "dangerous trend" for ebooks, may kill innovation and openness. http://bit.ly/bGv90s

  • http://twitter.com/publisher_guide/status/19505455339 Publisher Guide

    Ebooks: Dangerous Trends:
    Just as ebooks are causing a revolution in publishing, making more books available t.. http://bit.ly/auToi0

  • http://twitter.com/bookobot/status/19508304031 Steve Thorston

    Ebooks: Dangerous Trends http://bit.ly/cKkQjw

  • http://twitter.com/mobilitysite/status/19500460472 mobilitysite

    Posted: Ebooks: Dangerous Trends http://bit.ly/acsSVL

  • http://twitter.com/kindlenews/status/19501566295 Amazon Kindle News

    News: Ebooks: Dangerous Trends – Mobility Site (blog) http://tinyurl.com/2af7wxg

  • http://twitter.com/publisherswkly/status/19502658314 Publishers Weekly

    From Mobilitysite: exclusivity is a "dangerous trend" for ebooks, may kill innovation and openness. http://bit.ly/bGv90s

  • http://twitter.com/selfpublishingx/status/19503126827 Lee Benz

    Ebooks: Dangerous Trends: His new venture is creating a new ebook publishing imprint, Odyssey Editions. which will… http://bit.ly/98WRSI

  • http://www.LegalMystery.com Gene Grossman

    To claim that an exclusive book deal with Amazon forces people to either use a Kindle or not read the book at all is misleading.

    Kindle now has apps that will allow its large book catalog (including the titles is has 'exclusives' on) to be read on the iPad and most other devices.

    All that the exclusive deals that the major publishers are whining about means is that the exclusive rights-holder to a book gets an 'over-ride,' or small 'piece of the action' whenever that book is read on other devices… much like the 'listing' broker of real estate gets a fee, no matter what broker sells the property.

    The ability of an author to go directly to an ebook publisher like Amazon or Apple means that the large publishing houses' contention that they also own ebook publishing rights to their authors' works becomes a moot point, and for the first time in history, that makes the score, Authors 1, Publishers 0.

    Gene Grossman
    Magic Lamp Press
    http://www.LegalMystery.com

  • David Hancock

    RT @PublishersWkly: From Mobilitysite: exclusivity is a "dangerous trend" for ebooks, may kill innovation and openness. http://bit.ly/bGv90s

  • http://bardhaven.wordpress.com Zealot

    It would indeed be misleading if that was what I had said.

    I say that the book by Murakami will be able to be read by only one device, and for that I am bundling the iPad/iPhone as a single platform.

    As for Wylie's plan I state they will be able to be read by the Kindle or Kindle software…but they will only be able to be purchased from Amazon.

    As for who has the rights to the ebook sales, the publisher of the print version or the author (to be sold on much the way an author can sell movie rights separately from publishing rights) is up to the courts to decide and it is a very gray area….all I know is that as a consumer, when I can only purchase a commodity from a single vendor, that is bad. When I can only use that commodity once purchased with a single software platform controlled by the company I had to buy the commodity from is worse.

    So you are right being able to shop ebooks for exclusive deals may be Author 1 Publishers 0, but it is also Readers 0.

  • http://twitter.com/carlesdijous/status/19509366577 Carles Dijous (AA)

    Ebooks: Dangerous Trends. (The weapon they seek to use is exclusivity and it is a very potent weapon indeed). http://bit.ly/cGwDV0

  • http://www.LegalMystery.com Gene Grossman

    To claim that an exclusive book deal with Amazon forces people to either use a Kindle or not read the book at all is misleading.

    Kindle now has apps that will allow its large book catalog (including the titles is has 'exclusives' on) to be read on the iPad and most other devices.

    All that the exclusive deals that the major publishers are whining about means is that the exclusive rights-holder to a book gets an 'over-ride,' or small 'piece of the action' whenever that book is read on other devices… much like the 'listing' broker of real estate gets a fee, no matter what broker sells the property.

    The ability of an author to go directly to an ebook publisher like Amazon or Apple means that the large publishing houses' contention that they also own ebook publishing rights to their authors' works becomes a moot point, and for the first time in history, that makes the score, Authors 1, Publishers 0.

    Gene Grossman
    Magic Lamp Press
    http://www.LegalMystery.com

  • http://bardhaven.wordpress.com Zealot

    It would indeed be misleading but that was not what I said.

    I said that the book by Murakami will be able to be read by only one device, and for that I am bundling the iPad/iPhone as a single platform connected by iBooks.

    As for Wylie's plan I state they will be able to be read by the Kindle or Kindle software…but they will only be able to be purchased from Amazon.

    As for who has the rights to the ebook sales, the publisher of the print version or the author (to be sold on much the way an author can sell movie rights separately from publishing rights) is up to the courts to decide and it is a very gray area….all I know is that as a consumer, when I can only purchase a commodity from a single vendor, that is bad. When I can only use that commodity once purchased with a single software platform controlled by the company I had to buy the commodity from, that's worse.

    So you are right being able to shop ebooks for exclusive deals may be Author 1 Publishers 0, but it is also Readers 0.

  • Paul Miller

    Jean-Baptiste Alphonse Karr was the 'somebody really smart' that you were confusing with GB Shaw.

  • http://twitter.com/pontolit/status/19532598722 C. S. Soares

    Ebooks: Dangerous Trends http://ow.ly/2gm1g | via MobilitySite

  • Cgavula

    Exclusivity deals may be problematic because they now encompass the entire channel from content creator to consumer (whereas before it was usually content creator to publisher – not reatailer and not consumer). But I think that traditional publishers and retailers (book and magazine and newspaper) who have seen declining print sales in recent years, have failed to understand or act on the possible benefits of eBooks, instead choosing to bicker amongst themselves on every little detail – which DRM to use, how to price hardcover/trade/eBook.

    In the end – I think they have brought themselves to this point by their inability to be forward-thinking. They have only themselves to blame. An open standard – both in document format and DRM would have helpedus with most of this nonsense. We almost got there with the ePub standard – almost, but not quite…

  • http://twitter.com/deluca/status/19567875973 Cristina De Luca

    RT @Pontolit – Ebooks: Dangerous Trends http://ow.ly/2gm1g | via MobilitySite

  • Cgavula

    Exclusivity deals may be problematic because they now encompass the entire channel from content creator to consumer (whereas before it was usually content creator to publisher – not reatailer and not consumer). But I think that traditional publishers and retailers (book and magazine and newspaper) who have seen declining print sales in recent years, have failed to understand or act on the possible benefits of eBooks, instead choosing to bicker amongst themselves on every little detail – which DRM to use, how to price hardcover/trade/eBook.

    In the end – I think they have brought themselves to this point by their inability to be forward-thinking. They have only themselves to blame. An open standard – both in document format and DRM would have helpedus with most of this nonsense. We almost got there with the ePub standard – almost, but not quite…

  • http://www.svpocketpc.com Pony99CA

    I wonder if publishing houses will specifically start requiring eBook rights in addition to other rights or they won't publish the book. In fact, I'd be surprised if they didn't already have language saying that they were buying the rights to publish works in “all readable formats” (“readable” allows separating TV, movie and audio book rights). That would convince most authors to forego separate licensing deals; only the biggest authors would be willing to challenge the publishers.

    Steve

  • http://www.svpocketpc.com Pony99CA

    I wonder if publishing houses will specifically start requiring eBook rights in addition to other rights or they won't publish the book. In fact, I'd be surprised if they didn't already have language saying that they were buying the rights to publish works in “all readable formats” (“readable” allows separating TV, movie and audio book rights). That would convince most authors to forego separate licensing deals; only the biggest authors would be willing to challenge the publishers.

    Steve

  • http://bardhaven.wordpress.com Zealot

    I believe most of them do directly address ebook rights in contracts now. Most of these issues are concerning Backlist titles where the contracts predate mainstream ebooks (which are the vast majority of books currently being published). These is the same lucrative vein Google wants to mine with Google editions…books where there is no clear ownership of the ebook rights, therefore grab em and publish until someone tells you to stop.

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