Amazon gets exclusivity deal

[DMcCunney]

Originally Posted by MaggieScratch

Why would anyone think it's a good idea to limit themselves like that? While Kindle users are the vast majority of ebook users, there are others. Why say to someone who does not own a Kindle, "Sorry, I don't want to sell this book to you"? It makes no sense.

Well, Amazon would like you to believe the vast majority of ebook readers are Kindle users, but since no one is releasing actual numbers, there's no way to confirm it. I'm willing to believe "majority". I question "vast".

But meanwhile, it's a sensible deal for the folks involved. Amazon is the world's largest catalog retailer, and largest book retailer. A lot of folks look there first for the selection and convenience. you have to start something like this somewhere, and Amazon is a reasonable place to start.

There's an exclusivity period. The question is what sort of expansion we'll see after the exclusive period ends.
______
Dennis

[seagull]

So if RandomHouse is disputing the rights...should we back them up/strip DRM?

[slm]

I would bet it is simply economics. The Kindle format has, say 70% of the market, so if exclusivity gives them a 50% larger royalty, they do better accepting exclusivity.

[DMcCunney]

Originally Posted by seagull

So if RandomHouse is disputing the rights...should we back them up/strip DRM?

There was an earlier dispute about stuff like this between RandomHouse and ebook publisher Rosetta. RandomHouse sued to block Rosetta from releasing 8 titles.

RH had the rights to the paper editions, and claimed they had the ebook rights as well. The contracts on which the rights were based had been signed back before ebooks were even a gleam in anyone's eyes, and a judge decided they did not cover electronic editions.

If RH is disputing this, I don't see them getting far.
______
Dennis

[DMcCunney]

Originally Posted by slm

I would bet it is simply economics. The Kindle format has, say 70% of the market, so if exclusivity gives them a 50% larger royalty, they do better accepting exclusivity.

They have to start somewhere, and Amazon and the Kindle are a good place to start. The question is what will happen when the exclusive period is up.
______
Dennis

[J. Strnad]

This is a natural step to take once you've decided that you want to go the exclusive format route. Again...and I'm sorry to keep trotting this old analogy out...we've seen exactly this behavior before in the Beta vs. VHS war. Each format tried to sign up exclusive deals with studios to force fans of those films to buy their format. Some studios bit and made deals.

The tactic doesn't work. Buyers are soon faced with a no-win situation in which they need A's machine for movies from Studios 1, 3, and 5, and they need B's machine for movies from Studios 2, 4, and 6. Some people choose one way and some choose the other, and lots of people just sit back and say, "When you get your s--t together, let me know, and until then, I'm not buying from either of you!" So the market is still split, and it's also made smaller because of the people who sit it out, waiting for the dust to settle.

Look for B&N to announce their own exclusives soon.

" Those who cannot learn from history are doomed to repeat it. Those who do not remember their past are condemned to repeat their mistakes."

[fjtorres]

Originally Posted by DMcCunney

There was an earlier dispute about stuff like this between RandomHouse and ebook publisher Rosetta. RandomHouse sued to block Rosetta from releasing 8 titles.

RH had the rights to the paper editions, and claimed they had the ebook rights as well. The contracts on which the rights were based had been signed back before ebooks were even a gleam in anyone's eyes, and a judge decided they did not cover electronic editions.

If RH is disputing this, I don't see them getting far.
______
Dennis

Correct.
When Covey made the same move last December the print publisher made similar comment. Six months later, still no legal action.

The judge in the Rosetta case was pretty clear that an author could hardly have given away ebook rights in a contract signed before tthere were commercial ebooks. The only straw they have to grasp onto is a vague non-compete clause originally intended to limit taking print rights to another publisher. And non-compete clause are generally interpreted very tightly when upheld which isn't often.

http://www.publishersweekly.com/pw/p...-e-books-.html

http://www.nytimes.com/2009/12/13/bu.../13ebooks.html

[fjtorres]

Originally Posted by J. Strnad

Look for B&N to announce their own exclusives soon.

They already have.
Remember PubIt?
http://www.barnesandnoble.com/pubit/index.asp
Anybody really expect B&N PubIt editions to show up on amazon? Or Amazon Encore ebooks to show up at B&N or Sony?

B&N is going into the publishing business, just as Amazon, and just as a whole bunch of other Agents. It is an unavoidable side effect of the BPHs fight over royalties on ebooks and the Price-Fixing scheme.

[Steven Lake]

Originally Posted by fjtorres

Think about it; the BPHs don't generally accept unsolicited manuscripts, they only deal with agents. The agents are, in effect, the top-level gatekeepers, the content feeders to the BPHs. And they are *bypassing* the BPHs and going straight to the retailer.

Actually, that's incorrect. There are a few who still do take direct submissions of manuscripts. But as been the trend in the industry, they won't be for very much longer. And you're right, the agents do act as the gatekeepers for the BPH's. HOWEVER, there is yet one more exception, and this was brought up in other places as well. The BHP's who are only taking unsolicited submissions from agents at this time are also doing author head hunting.

And by head hunting, I mean they're watching the book circles for authors who are self published, POD, and PTP, as well as some authors who are published with small houses like myself. So what are they looking for? Successful authors. Simply put, if you can succeed at self publishing, POD, or PTP, and even SPH to some degree, they're interested in you.

And here's the general breakdown of success based on my own research. The actual numbers will vary by publisher, but this does act as a reasonable guide to show you how they do their research. And these numbers are based on the minimum total sales within a single 12 month period required to elicit the listed response.

20,000+ books sold. Publishers will put you on a "watch" list. If your sales remain steady or increase, you may get bumped up to the next level. If they taper off, you'll get dropped.

100,000+ books sold. Publishers will put you on an "interested" list. It's a type of "short list" for unsigned authors they may be interested in contacting in the future based on your sales record. In some special cases, depending on your genre, and their needs, some publishing houses may come to you and query you about publishing with them as you're a proven success. If they do, read the fine print, make sure the contract is good (if not, negotiate one that is good), and then sign.

250,000+ books sold. This is best seller status. If you can sell that many books in one single 12 month period, you'll have publishers beating down your door in order to try and sign you. I say that because, if you're self published, POD, or PTP and you sell this many, then you're a proven seller and they see no risk in signing you.

500,000+ books sold. Same as previous, but this only applies to you if you're published through a small house, as they've got some extra marketing muscle to help your book succeed, so the BPH's take that into account when considering you.

Anywho, those numbers are based off my observations and are dependent on the BPH in question. But either way, it's a good goal to shoot for. Also, as a side note, some Agents are going to this method of scouting now too, where they will not accept any unsolicited queries for books, and instead go head hunting based on the total book sales of self published, POD, and PTP authors, as well as some SPH's.

I honestly think that in 10 years or so, the only way to get into a big house, sign with an agent, or even get into a small house in some cases, will be to first self publish, and then prove yourself as an author. Now I may be wrong, but I'm willing to bet that's where they'll both go in the near future.

[fjtorres]

Originally Posted by Steven Lake

I honestly think that in 10 years or so, the only way to get into a big house, sign with an agent, or even get into a small house in some cases, will be to first self publish, and then prove yourself as an author. Now I may be wrong, but I'm willing to bet that's where they'll both go in the near future.

In other words, the BPHs will only be interested in proven writers. The ones who won't need the BPHs anyway.
Wheee! Sounds like fun!

[AnemicOak]

Originally Posted by Steven Lake

I honestly think that in 10 years or so, the only way to get into a big house, sign with an agent, or even get into a small house in some cases, will be to first self publish, and then prove yourself as an author. Now I may be wrong, but I'm willing to bet that's where they'll both go in the near future.

I think the big pubs will eventually start their own e-only or e-first publisher, like what Harlequin did with Carina Press. If an author is successful for them their and is 'proven' then they'll potentially move them up the ladder.

[Greg Anos]

Originally Posted by AnemicOak

From Kindle Daily Nation...



http://kindlehomepage.blogspot.com/2...deal-will.html

Of course they feel strongly about it. Their corporate life is flashing before their eyes.

Don't think it will do any good in the long haul...

[Greg Anos]

Originally Posted by Steven Lake

Actually, that's incorrect. There are a few who still do take direct submissions of manuscripts. But as been the trend in the industry, they won't be for very much longer. And you're right, the agents do act as the gatekeepers for the BPH's. HOWEVER, there is yet one more exception, and this was brought up in other places as well. The BHP's who are only taking unsolicited submissions from agents at this time are also doing author head hunting.

And by head hunting, I mean they're watching the book circles for authors who are self published, POD, and PTP, as well as some authors who are published with small houses like myself. So what are they looking for? Successful authors. Simply put, if you can succeed at self publishing, POD, or PTP, and even SPH to some degree, they're interested in you.

And here's the general breakdown of success based on my own research. The actual numbers will vary by publisher, but this does act as a reasonable guide to show you how they do their research. And these numbers are based on the minimum total sales within a single 12 month period required to elicit the listed response.

20,000+ books sold. Publishers will put you on a "watch" list. If your sales remain steady or increase, you may get bumped up to the next level. If they taper off, you'll get dropped.

100,000+ books sold. Publishers will put you on an "interested" list. It's a type of "short list" for unsigned authors they may be interested in contacting in the future based on your sales record. In some special cases, depending on your genre, and their needs, some publishing houses may come to you and query you about publishing with them as you're a proven success. If they do, read the fine print, make sure the contract is good (if not, negotiate one that is good), and then sign.

250,000+ books sold. This is best seller status. If you can sell that many books in one single 12 month period, you'll have publishers beating down your door in order to try and sign you. I say that because, if you're self published, POD, or PTP and you sell this many, then you're a proven seller and they see no risk in signing you.

500,000+ books sold. Same as previous, but this only applies to you if you're published through a small house, as they've got some extra marketing muscle to help your book succeed, so the BPH's take that into account when considering you.

Anywho, those numbers are based off my observations and are dependent on the BPH in question. But either way, it's a good goal to shoot for. Also, as a side note, some Agents are going to this method of scouting now too, where they will not accept any unsolicited queries for books, and instead go head hunting based on the total book sales of self published, POD, and PTP authors, as well as some SPH's.

I honestly think that in 10 years or so, the only way to get into a big house, sign with an agent, or even get into a small house in some cases, will be to first self publish, and then prove yourself as an author. Now I may be wrong, but I'm willing to bet that's where they'll both go in the near future.

This is what an engineer would call "a self defeating critera". Stop and look at this from an author's situation. If I'm self publishing and are getting 20,000+ sales a year, I ought to be getting at least a couple bucks a book. That's $40,000 a year.

At 50,000+ a year, that's $100,000 a year. At that point, why do I need a BPH? And any more sales just make it worse. Why would an author making that many sales even think about the low rates of a BPH? Advances? You already have the cash flow...

[Steven Lake]

Originally Posted by fjtorres

In other words, the BPHs will only be interested in proven writers. The ones who won't need the BPHs anyway.
Wheee! Sounds like fun!

Yeah, I know. It sounds stupid, doesn't it? But that's the way a lot of companies are these days. Nobody is willing to take risks anymore. Everyone's in uber defensive mode. Mostly because the risk takers get fired for being risk takers, leaving the slow and cautious types who wonder why their methods don't work in the long run.

Originally Posted by AnemicOak

I think the big pubs will eventually start their own e-only or e-first publisher, like what Harlequin did with Carina Press. If an author is successful for them their and is 'proven' then they'll potentially move them up the ladder.

Oh, so it would be like the minor leagues for authors. You do good, they put you in there. You do good there, then they move you up to the big house. It's an interesting concept. I can't say it wouldn't work, but I would most certainly be interested in seeing how it would actually play out.

Originally Posted by Ralph Sir Edward

This is what an engineer would call "a self defeating critera". Stop and look at this from an author's situation. If I'm self publishing and are getting 20,000+ sales a year, I ought to be getting at least a couple bucks a book. That's $40,000 a year.

At 50,000+ a year, that's $100,000 a year. At that point, why do I need a BPH? And any more sales just make it worse. Why would an author making that many sales even think about the low rates of a BPH? Advances? You already have the cash flow...

Agreed. I mentioned this above that the companies are all going to the uber cautious approach with nobody wanting to take any risks anymore. And as for the advantages of signing with a BPH these days? Well, thanks to the internet and cheaper legal and PR services, the advantages of being published through them has shrunk tremendously. So who is it still advantageous to? Well, people who don't have, or won't risk, the starting capital needed to self publish, POD, or PTP. BPH's pay everything for you up front. They risk the capital, and all you do is provide the manuscript and agree to their draconian contracts. They also have the size, clout, PR and legal muscle to get you into places you can't get any other way.

With SP, POD, and PTP, you not only risk your own capital, but you also have to do all the legal stuff (unless you get a book lawyer), and PR stuff (unless you hire a PR firm familiar with book marketing) yourself. And if you choose to outsource it to a book lawyer, or literary PR firm, then that's more money out of your pocket. But as stated before, the potential returns more than make up for that.

[krischik]

Originally Posted by B.Tackitt

Exclusively in the Kindle Store

and Pirate Bay.

Originally Posted by J. Strnad

I'm not buying from either of you!"

You forgot the “Can you just copy that onto beta for me” group. I think that any kind of restriction will only serve in teaching those not inside the exclusive group on how to get an illegal copy. And once learned you can't unlearn.

Martin