CONTENTS Letter from and We Were the Last Ones Still Talking

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the pitch spring 2014

The Newsletter for the Association of Authors' Representatives

CONTENTS Letter from and we were the last ones still talking. I the President felt as if I had had a primer on the last 1. letter from the president fifty years in this business. Michigan-born Carole always 3. the rise of mass market e in the American agent thought she would follow her father 4. big moves: spotlight on Wcommunity have suffered way too many into law, then considered looking for editors' new positions sad losses in the past couple of years. a position on Wall Street, and moved How we miss the genial temperament to New York City after college in the 5. lois wallace, an original of Owen Laster, who seemed to know mid-1960s only to find that it appeared 6. new financing possibilities everyone else at the Four Seasons impossible for a young woman to find for theatrical productions when we met for a group lunch there; a good job on Wall Street. To pay the 6. committee report: the gentlemanly warmth of Carl rent, she took a job as a copy editor at international Brandt; the droll seriousness of Robert Holt, Rinehart and Winston, and found 7. contributors Lescher. I figure that Wendy Weil herself copyediting books such as “The and Lois Wallace, the best of friends Bluest Eye” by Toni Morrison. Staff 8. what you need to know if in life, are avidly discussing books, changes left her head of the copyediting you're building a new agency website fashion, and the latest gossip in the department. From there she went to great beyond. I had been fortunate Dutton, then owned by Jack Macrae’s 10. committee report: website for many years to have been in a family, where she was managing 11. up and coming editors networking group comprised of these editor. Dutton distributed a number fabulous agents, and there is a great of publishers including the Saturday 18. Committee report: royalties void in the loss of their company, their Review Press and the Richard W. Baron collective wisdom, and their stories Publishing Co. (where she met her 19. craft publishing goes of the old days. We who loved and future husband). She went on to manage every which way respected them so much truly miss the various corporate transitions, mergers, 20. mark your calendars presence of these classic professionals in and acquisitions through the 1970s. In 21. from egypt to e-books: our lives and our businesses. those days, she commented, there was a conversation with agent ______widespread use of index cards to manage extraordinaire jean business details; in the pre-computer naggar Last month I had a long- era the person who did everything 22. report from the book fairs overdue chatty lunch with Carole by hand was a person who learned

23. committee report: Baron, now of Knopf/Doubleday. I how things work. Her jobs brought her contracts know Carole is always good for an a deep understanding of all business eye-opening story, or a revelation aspects of publishing – via what was 23. new members about why certain business things are probably thousands of index cards. 24. 'open road' decision the way they are – how mass market A call came in 1975 from leaves open questions paperbacks evolved, for example, or Phyllis Grann, who was looking for 25. Committee report: how a publisher should be taking care a managing editor at Pocket Books. digital rights of its authors. This time I begged her Carole and Linda Grey, who had been 26. aar canon of ethics to give me the short version of her hired to be an editor, arrived to start life story in publishing, which I knew work on the same day, but Phyllis was 28. board of directors would be colorful and beguiling. We off at a sales conference and there was sat there at the Century Club until the no one there to greet them. (They waiters started clearing up all around us, left together wondering if they really continued on page 2 page 2 the pitch spring 2014 continued from page 1 had jobs and became fast friends.) As administrative editor, Carole learned about contracts and reprints and how to deal with notoriously high-profile publishing executives who ruled through the 70s and 80s. (Ah, no details; I promised not to tell tales or name names….) Then Peter Mayer, who had been announced as the new #1 at Pocket, asked her to run the editorial department. Her response was absolute: she didn’t want the job. She didn’t want to buy books. She didn’t have an opinion about books. She was good at organizing things, not editorial matters. But her husband and book was literary, a commercial book Press, once owned by her husband, Peter challenged her to do it: why hold was commercial, and never the twain Richard Baron, and sold to Doubleday yourself back?, they both asked. So she would meet – until Garp sold 90,000 where it had been phased out. She said yes, and the rest is history. She did copies in hardcover and went on to sell envisioned a line of books that would some fabulous paperback originals in millions in paperback. continue to feed the trade paperbacks at an era when paperback was largely a After three years, Carole went Dell, and hired Susan Kamil to be the reprint enterprise. She commented that to Crown as editor in chief, edited editor in chief of The Dial Press and to some of the things we say today about “Princess Daisy” by Judith Krantz, and bring it back to life as it exists today – a e-books as a model for original material acquired “The Clan of the Cave Bear” publisher of award nominees/winners are similar to what they used to say by Jean M. Auel. Then in l981 she went and bestselling authors. about paperbacks decades ago – if it is on to Dell as publisher. Here Carole After almost 18 years at not good enough for hardcover, let’s try was in charge of hardcovers (Delacorte), Dell/Delacorte, in the interest of paperback. (Which is of course wrong, trade paperbacks (Dell and Delta reorganization, Carole moved to Dutton but the paperback format might be trade paperback) and the mass market as president, and then to Putnam. right for the right book.) Today, some line, bringing together a lifetime of Always keeping her hand in editing, might say, if it is not good enough for a experience in all formats. She brought working with writers like Maeve Binchy, physical book release, try digital. (Again in Susan Moldow as editor in chief, Judy Blume, Thomas Harris, Nicholas this is wrong, as many new writers are and the two systematically started to Evans, Jean M. Auel, Elmore Leonard, discovered to have “legs” by their own remold the Dell Publishing program: Kurt Vonnegut, Harlan Coben, and digital publishing of their first books.) Delacorte hardcovers went from 100 Danielle Steel, Carole realized that it was Carole loved the mass market titles a year to 40; upmarket reprints time to devote herself to working with culture. It was reaching millions of found a home in the trade paperback authors full-time. She is now happily people who wanted to read. As late lines rather than mass, including books doing that for Knopf. as the 1970s, there was still a healthy that were acquired by the legendary We continued to discuss her business in reprint publishing; her Sam Lawrence; and the category mass range and rise as a publisher. She boss, Peter Mayer, would always insist, market books served as a training remains a hands-on editor with a deep “buy the backlist! buy the author!” camp for bestselling authors. Never and rare knowledge of the business, So when Carole bought “The World forgetting Peter Mayer’s cry, when Dell from contracts to copyediting, from According to Garp” at Pocket for an bought the paperback rights to John format to sell-through. Her formula? impressive sum, she bought the John Grisham’s second novel, “The Firm,” Buy a reasonable number of books. Irving backlist, actively relaunched the she remembered to buy the rights to his Make sure you can do something for backlist as reprint editions, and really first book, “A Time to Kill,” too. One each book. Know who the reader is. paid attention to these paperback of the things Carole is most proud of Will you take a copy to lunch? Can publications. At this time a literary is bringing back the imprint The Dial you make sure everyone you know continued on page 3 page 3 the pitch spring 2014 continued from page 2 reads this book? And the sales and marketing people need to know what is going on for every single book, what the expectations are, and what you can do to help them do their job for each title. I asked what she dislikes about agents, and not unexpectedly this no-nonsense gal said flatly that she doesn’t appreciate submissions that come weighted down with hype and hyperbole, or submissions of manuscripts which a nervous author may still actually be revising. She dislikes vying with the agent to be the reigning editorial voice to the author; “the editor is supposed to edit!” she thunders, in stark contrast to refrains all too often heard in agent gatherings. What has changed the most, in her view? “Publishing has always the rise of mass market been about content, and the publisher is the broker of getting the writer and the reader together,” she says. “What he popularity of paperback books in the United States really has changed is the format...There is the Tbegan in the 1940s. A lack of newsprint because of the war and a desire hardcover book, the mass market rack- to send books overseas to our fighting forces are both reasons that the sized book (in existence only since mass market paperback was launched. Distributed here at home by the 1940s), the ‘trade’ paperback book, magazine and newspaper distributors and displayed in racks supplied by and now e-books. Today, readers have the publisher, these “small” paperbacks were not sold in bookstores but at another choice of how they read. And newsstands. “Lost Horizon” by James Hilton, distributed by Pocket Books, to make matters confusing, different is thought to be the first “mass market rack-sized book.” Then, Western kinds of ‘reads’ are popular in different Publishing and Dell, a magazine publisher, entered the market together formats; we are still trying to figure with category books such as true crime, mysteries, detective stories, that out, what the balance and mix is. westerns, and romances. Once the servicemen (and -women) came home, And once we figure that out, I am sure they were first to accept this new format of reading. Eventually, bookstores there will be another format to vex us!” began to sell paperbacks as well. The first ten Pocket Book titles were: When I asked her if she ever thought of retiring, she stared at me: 1. “Lost Horizon” by James Hilton “What? Did you say something? What 2. “Wake Up and Live!” by Dorothea Brande language are you speaking?” She still loves 3. “Five Great Tragedies” by William Shakespeare what she does, and on good days she 4. “Topper” by Thorne Smith cannot imagine doing anything else. 5. “The Murder of Roger Ackroyd” by Agatha Christie She is tough, and she is optimistic. I came 6. “Enough Rope” by Dorothy Parker away from lunch mesmerized by the 7. “Wuthering Heights” by Emily Brontë stories she told, and totally inspired by her 8. “The Way of All Flesh” by Samuel Butler strength, her spirit, and her wisdom. 9. “The Bridge of San Luis Rey” by Thornton Wilder 10. “Bambi” by Felix Salten – Gail Hochman –Carole Baron President, AAR page 4 the pitch spring 2014

editor and vice president, who was most In November of 2013, after nine years big moves: recently vice president and publisher at HarperCollins, Michael Signorelli Spotlight on at Touchstone. He’s looking to fill one moved to Henry Holt as a senior more editorial role. DiPreta says he looks editor. While at Harper, Signorelli editors' new forward to “building a team that’s the worked with Dennis Cooper, Michael foundation of a new publishing society.” Craven, Kenneth C. Davis, Thomas C. positions With the imprint launching in 2015, Foster, Barb Johnson, Lisa O’Donnell, Mauro DiPreta, Hachette Books DiPreta is looking to find titles that Tony O’Neill, Hannah Nordhaus, will best represent their core categories. Paul Rosolie, Charlie Smith, Jerry On March 31st, 2014, Mauro DiPreta “If they become category killers, even Stahl, Justin Taylor, Simon Van Booy, joined Hachette Book Group as better,” he says. and Adam Wilson, along with the vice president and publisher of When asked about the next estates for Edward Abbey and Woody Hachette Books. Most recently vice big thing and the tidal changes in our Guthrie, to name a few. president and editor in chief of Crown industry as of late, he comments: “The Now that he’s at Holt, he’ll Archetype, DiPreta also spent 16 Holy Grail is the direct-to-consumer continue to acquire broadly – literary years at HarperCollins and William thing, and how that manifests over time. fiction, upmarket commercial fiction, Morrow, and helped create It Books. Whether it’s an e-book or a physical and narrative nonfiction in the areas Hachette Books is a new book, I think we’ve all learned that it still of nature, science, and culture – but imprint “built on the foundation of comes down to the book. However the main thrust of his new mandate is Hyperion’s backlist,” DiPreta said in a it’s delivered into the readers’ hands, thriller and crime fiction. Signorelli is phone interview. Hachette Book Group they still want a good book. I’m less looking for some wonderfully written acquired Hyperion’s adult backlist in worried about physical vs e-book – suspense, trending psychological, but June of 2013 and DiPreta says that the I’m more worried about getting it wouldn’t turn up expertly executed Hachette Books list will focus on the into readers’ hands.” spy, military, or historical novels. core categories of narrative nonfiction, DiPreta is excited to work with So far he’s acquired one novel, business, pop culture, science, health the agents and authors with whom he “Bell Weather,” a lovely, moving, and and wellness, and humor with “plenty has already in his over-two-decades- suspenseful novel by Dennis Mahoney, of opportunity to grow.” Twenty-five long career, but also with new agents an adventure set in a fantastical world, a percent of the list will be fiction, he and authors attracted to the energy a reimagined 18th century, where a young states, but in what areas will depend fresh imprint brings. Hachette Books woman, suffering from amnesia, must on the editorial team he assembles “could be seen as a kind of start-up,” rediscover her past while confronting in the coming months. He’s already remarked DiPreta, and he’s excited to the present and magical dangers of hired Stacy Creamer as executive build that into a community of writers. colonial Florida. “You have a dual role as a publisher, in nonfiction and fiction,” – Carrie Howland says DiPreta, “and part of it is listening to the zeitgeist. Sometimes it’s pet books are working or sex books Andrea Walker, Random House are working, but sometimes the other piece is creating a conversation people Previously at The Penguin Press, and didn't know they wanted to have. Do prior to that, Little, Brown and The a book like that every five years and New Yorker, Andrea Walker is newly you’re in great shape – more often arrived as senior editor at Random even better. But the balance between House, working under Susan Kamil. these two is key for publishers.” While her new mandate includes much of the same sort of outstanding – Kate McKean fiction and nonfiction she has edited in the past (before joining Random Michael Signorelli, Henry Holt and House, she acquired Charlotte Company Rogan’s New York Times bestselling continued on page 5 page 5 the pitch spring 2014

continued from page 4 issues of feminism. Daniyal Mueenuddin, “The Light “The Lifeboat” and Eowyn Ivey’s To further illustrate her wish Between Oceans” by M.L. Stedman, bestselling and widely lauded “The list going forward, Walker offered “Quiet” by Susan Cain, “The Wave” Snow Child” for Little, Brown, as the following favorites: “City of by Susan Casey, “Lean In” by Sheryl well as critically acclaimed bestselling Thieves” by David Benioff, “Seating Sandberg, “The Happiness Project” authors Emily Rapp and Phil Klay Arrangements” by Maggie Shipstead, by Gretchen Rubin, and (who – whose debut collection of short “The Signature of All Things” by wouldn’t have?) “Wild” by Cheryl fiction about the Iraq War was called Elizabeth Gilbert, “You Should Have Strayed. “the best thing written so far on what Known” by Jean Hanff Korelitz, “In the war did to people’s souls” by The Other Rooms, Other Wonders” by – Meredith Kaffel New York Times’ Dexter Filkins – for The Penguin Press), Walker says that she is now also particularly seeking lois wallace, an original books which feature “a strong female protagonist, and can appeal especially to a female audience.” ois Wallace died in New York City on April 4th, 2014, and a Furthermore, she is looking Lmemorial service was held on May 6th. Many tributes were paid to for “books that feature big, bold Lois by clients, editors, and friends. The piece below is taken from storytelling, and writing that is Robin Straus’ tribute to her old friend and colleague: ambitious but has an accessibility factor to the prose” – citing that certain brand I was an editorial assistant at Little, Brown right out of college when I of sweet-spot fiction which so many first met Lois. I joined Wallace & Sheil in 1979 and worked there for editors hunger for these days. Given her four years in two Upper East Side townhouse offices. penchant for fiction that “is ‘between’ Here are some of the things Lois taught me about the art of agenting: genres – i.e., a literary novel with a fairy - No contract point is too small to debate endlessly when it favors the author; tale woven into it; a suspense story - Spelling and grammatical errors in a proposal must be cleaned up with a twist of gothic horror,” it’s no because they are distracting to the reader; wonder that a few outside books which - You are most often the author’s closest reader and always his best advocate Walker would love to have edited – and (even when you have to tell him or her that something doesn’t work); whose comps she would now love to - Every royalty statement needs to be carefully scrutinized; receive – include Amor Towles’ “Rules - Illness is no excuse when a client needs something; of Civility,” Kimberly McCreight’s - A glass of wine with an editor or author at the end of the day is a “Reconstructing Amelia,” and Jess great way of cementing that unique business/personal relationship Walter’s “Beautiful Ruins.” Additionally, that so many of us share in this industry; and she remains, as ever, drawn to fiction - If a visiting English editor is in boasting a strong sense of place, or those town, you give him galleys and novels which “offer a window into a British mail to take in his suitcase unique culture or way of life.” because it will cost less to use In terms of nonfiction, she British stamps than American will especially be pursuing books postage. which possess a “quest” element, Lois was fiercely as well as books which are “set in intelligent; loyal; honest; an exotic or difficult environment,” outspoken; feisty; determined; feature “a larger-than-life personal complicated; funny; and always story,” or are “a single-topic study of a discerning, voracious reader. particular interest to female readers.” I and so many others are going to miss her hugely. Other areas of interest for Walker include works pertaining to fashion – Robin Straus and style, and also travel and cultural history – particularly as related to page 6 the pitch spring 2014

Startups Act of 2012. Perhaps new financing the acronym “JOBS” Act made it COMMITTEE possibilities impossible for partisan bickering REPORT: to undermine its passage. Once it INTERNATIONAL for theatrical was signed into law by President The International Committee productions Obama, attention turned to the SEC continues to monitor foreign which was charged with developing tax exemption requirements, By Daniel M. Wasser and Elliott H. Brown implementing regulations. foreign taxes (including recent Two elements of the JOBS increases in mainland China), and Act are particularly relevant for IRS procedures. We are planning or those who write for the stage, theater producers – the publicized to compile another advisory for Fone thing probably concerns them private offering and crowdfunding. the AAR website on requirements almost as much as writing their An overwhelming percentage for foreign clients, and especially scripts – finding a producer. Most of theater financing is raised Canadian, UK, and Australian stage producers, even not-for-profit through private offerings directed taxpayers. producers, prefer writers with at least to small groups of sophisticated a modicum of fame and a record of investors with whom the producer The Committee is preparing a brief success. The high cost of producing a has a direct or indirect pre-existing survey on foreign rights practices stage play or musical requires that a relationship. One of the hallmarks for the membership in order producer take every possible step to of a private offering is that there to better assess what activities the protect the investors’ investment and may be no general advertising or membership finds most useful for the success of the project. Working solicitation for investors. However, the Committee to pursue. We are with a writer who is a known thanks to the JOBS Act, the considering compiling an FAQ and quantity represents one step toward bar on general advertising and “best practices” report on working protecting that success. solicitation has been lifted as long with foreign co-agents and rights For nearly all writers, the as all of the investors are “accredited specialists to sell foreign rights. secret to finding a theatrical producer investors” – i.e., persons with at least is having a good agent. This article a $1,000,000 net worth or who We have been invited to work with does not deal with finding an agent earn at least $200,000 per year (or BEA and the AAP on preparations – it focuses instead on finding a $300,000 with spouse). What this for BEA 2015 when China will be theatrical producer, an undertaking means is that a stage producer can the host country, and, it seems, will be for both the writer and the agent. now advertise for investors without sending more publishers to New York In days gone by, the task of fear that the producer’s private (by a factor of about ten) than any a stage producer may not have been offering will be re-characterized country beforehand. The most recent as difficult as it is now: costs are by the SEC as a public offering phase of this preparation included steeply up, expenses are steeply up, with substantially heightened facilitating introductions and and the viability of relatively low- legal compliance requirements. meetings at the London Book Fair cost venues such as off-Broadway Particularly for young, media-savvy between the BEA organizers and appears to be fading. However, there stage producers, this legislative our leading Chinese subagents, and is a glimmer of hope for producers, development unleashes the power of the preparations will continue with and writers should be sure that the Internet since they can now seek meetings in May at BEA 2014. potential stage producers – especially out accredited investors via all forms young, inexperienced producers – are of social media, such as Facebook Finally, we hope to be able aware of some recent changes in and LinkedIn. to coordinate again with the the law which may make it easier Broadly speaking, crowdfunding Sharjah International Book for producers to raise money for refers to the financing of a project Fair for a lottery that will allow theatrical productions. by many individuals who each provide one AAR member to attend that In one of its few recent a relatively small amount of funding. Fair this coming November. legislative achievements, Congress When viewed more closely, it’s apparent passed the Jumpstart Our Business that the term is used to describe a continued on page 7 page 7 the pitch spring 2014 continued from page 6 crowdfunding participants will be variety of different practices. There committed to the project and versed contributors is the well-known donation-based in social media, the stage producer model for crowdfunding – e.g., would hope not only to secure Kickstarter – whereby people investors, but perhaps even more contribute to a project without importantly, to secure a committed The Newsletter for the Association of Authors' Representatives securing an ownership interest. The marketing force. publicized private offering discussed Nothing in this article should The Pitch was put together by Sarah above is sometimes referred to as be read to suggest that finding a stage Lazin and Anna Qu of Sarah crowdfunding because it makes it producer has now become an easy Lazin Books, Jody Klein of Brandt possible for producers to reach many task. However, perhaps these new & Hochman, Meredith Kaffel potential investors (even though, approaches to raising money will and Adam Schear of DeFiore and since investors are permitted to encourage timid stage producers to Company, Carrie Howland of invest large sums, it lacks one of the step forward on a project. Donadio & Olson, and Kate McKean hallmarks of crowdfunding). Finally, of Howard Morhaim Literary there is equity-based crowdfunding Daniel M. Wasser and Elliot H. Agency, along with Board liaison as authorized by the JOBS Act, Brown are partners at the law Cynthia Cannell of The Cynthia whereby investors – whether or not firm of Franklin, Weinrib, Rudell Cannell Literary Agency. We are accredited – can invest limited sums & Vassallo in New York City. Mr. pleased to work with editor Rayhané and acquire an investment interest. Brown is also counsel to the AAR’s Sanders of WSK Management and Note, however, that it will be a few Dramatic Branch. designer Allison Zmishlany. more months before the SEC’s regulations are finalized and this form of crowdfunding can legally be pursued. Under the JOBS Act, a stage producer who wishes to finance a project via equity-based crowdfunding will be limited to raising no more than $1,000,000 annually, and there will be limits on the amount any one investor can invest. All sales activities will be conducted online and will be implemented by a registered intermediary licensed by the SEC. Theater producers not aiming for Broadway and who do not need more than $1,000,000 may be able to fully finance productions in this fashion. Because it appears that crowdfunding may be combined with other modes of fundraising, a producer with a budget in excess of $1,000,000 could consider raising the bulk of the necessary funding through a traditional private offering (or via a publicized private offering) and utilizing crowdfunding to raise a portion. With the expectation that page 8 the pitch spring 2014 what you need to know if you're buiLding a new agenCy website By Julie Trelstad

hen writers are searching for a Wnew agent, it’s likely that the fi rst thing they’ll do is look for your website. You can increase the chances of getting the right kind of submissions if your website is up-to-date, easy to navigate, and conveys the right message about your brand as an agent (this applies to author websites, too). I’m going to run through the requirements of a Source: Studiopress.com, Modern Portfolio Pro Th eme: http://bit.ly/1fqYQ6a modern-day website and then provide some aff ordable resources that you Your New Site Should Run can use to build or rebuild your own HTML5 website or your author’s sites. You don’t need to know much about HTML5 – just that your Modern Websites Need to Work website should be able to use it. on Mobile Devices Th e advent of the iPad meant that anyone who designed websites Because web browsers have become was suddenly struck with the need ubiquitous, more than 40% of today’s to create web pages that display web traffi c comes via mobile phones, properly on all devices, no matter tablets, and other Internet-connected what kind of chip or operating devices. Th at means websites need to system they had. You might have work beautifully no matter what kind encountered frustration with of device is used to access it. Your not being able to display Flash Source: http://www.w3.org/html/logo site viewers shouldn’t have to squint animation or certain videos. while trying to read your submission HTML is a “markup language” that Forget Tabs, Consider a One-Page guidelines on their mobile phone. At tells devices how to display certain Website the same time, your site shouldn’t look information: what fonts, whether puny if they pull it up on a giant iMac. a headline is bold, and what to One of the more popular trends in A site that is designed to be mobile- display on the screen. HTML5 is web design right now is to make a responsive will automatically rearrange better, faster, and cheaper to use website into a single, long, scrolling itself along “break points” to suit a wide- than older versions of HTML; page with sections rather than a screen monitor, tablet, or mobile phone, it works on all modern browsers, typical page with a series of tabs at arranging the content and automatically allows you to do neat things like the top. Th is makes sense if you think resizing graphics to fi t on diff erent-sized drop shadows, animation (the about how you use your browser on screens. You can test if any site is mobile- Google doodles are programmed in touch-screen devices by using your responsive by resizing the browser HTML5), and even sophisticated fi ngers to scroll up or down. Th ese window on your desktop computer. font substitutions. sites still have a top navigation bar continued on page 9 page 9 the pitch spring 2014 continued from page 8 Look at Parallax Design Pages that Every Site Needs with links, but the links jump down on one single page rather than link An even fancier version of the one- If you are building more than a one- to another separate page. page site is a Parallax site, where some page website, there are a few essential items move or scroll as you navigate pages that every agency ought to through the site, and other items stay consider including: fi xed. All of these eff ects are made possible by the magic of HTML5. It’s · A Home Page: unlikely your agency or authors require What is the fi rst thing anyone such a fancy site, but they’re really fun needs to know about you when and off er some intriguing possibilities they fi nd you? It might be less for online storytelling, and you should than you think, probably just know one when you see one! a great photo, a description of your agency, and a way to get in Here are some examples of award- touch. Don’t put anything on winning Parallax sites from 2013: your home page that you don’t http://bit.ly/1f72Dq8 want visitors to click. I often see websites with prominent Facebook and Twitter buttons – Make It Even Simpler why send clients off to Twitter when you’d rather have them Sometimes you only need an outpost send you an e-mail or read your on the web, and no bells and whistles submission guidelines? Use the are required. Perhaps you already have a home page as your front door Publishers Marketplace page and you’re and don’t allow visitors into active on Facebook and Twitter. In that rooms where you don’t want case, a simple About.me or Flavors.me them to go. personal landing page should do the trick. Th ese sites usually feature a single · About: large image of the website owner in Include your bio and whatever their natural habitat with a little bit of information visitors need to text and links to social media. know about you. Some will call

Example of a scrolling, one-page website. Source: Th emeForest.net, NASH Th eme: http://bit.ly/1prxUwW Source: http://about.me/alexdao (See more at http://about.me/home) continued on page 10 page 10 the pitch spring 2014 continued from page 9 to show graphics in square boxes, so Some themes I recommend for this page “How to Work with you might want yours modified by a agencies and authors include: Me.” You might also want to designer or programmer to display book include a downloadable PDF of covers instead. · The Greenwich Village your bio and a high-resolution Theme: http://bit.ly headshot for the press or for QFAUWC speaking engagements. Squarespace.com · The NASH Theme: http://bit. ly/1prxUwW · Contact: Creates great-looking, mobile- · The Literary Theme: http:// Include every possible mode to responsive themes, with many beautiful bit.ly/1pryKtq contact you. This is where you designs. Squarespace sites are all should put your social media designed to be mobile-responsive. Prices One-Page Websites links, e-mail contact form, and for a fully hosted site start at $8/month phone number. and you can hire a Squarespace specialist Build your one-page website at About. to set up and customize your site for me (free or upgrade for $4/month) or · Blog: $750-$1,500. Flavors.me (free or upgrade for $20/ Include this only if you’ve got As a note for authors, year). one. Don’t include a blog if Squarespace.com comes with built- Whichever website solution you don’t have firm plans to in e-commerce and an Amazon.com you choose to go with this year, publish at least once a month. affiliate widget that makes it easy to remember to make sure that your Twice a month is the ideal build a simple web bookstore. content reflects your agency. Your frequency. Having a blog will Similar DIY website companies text and images should be as unique help you build credibility and with beautiful template sites are and fresh as the clients you wish to discoverability, but not if you Wix.com and Weebly.com. Their attract. don’t keep it up. prices range from $8-$30/month, and they provide online support, but Julie Trelstad is the director of digital · Our Clients: not setup services. rights at Writers House, LLC. Contact Include book covers and links her at [email protected] or to your clients’ websites. on Twitter @julietrelstad. Wordpress and ThemeForest.net · Resources: Include a page of web links to Self-hosted Wordpress sites are the COMMITTEE articles, videos, and services that most economical and flexible sites REPORT: WEBSITE would be of use to your clients. you can create and build, but you’ll Having a resources page helps need at least a little bit of technical The new website has been you with “backlinks” to pages on savvy and/or help to get your site up successfully launched and the web that might refer back and running. You’ll have to purchase is getting good reviews. We to you. web hosting (from about $5/month encourage all members to at a site like Bluehost.com) and use visit their profile pages and a theme, which is a predesigned update them regularly. We Where to Go to Get Your Site Made Wordpress “skin” that already includes get over 1,000 unique visitors many design elements (good ones a month looking for agents, These services offer off-the-rack, ready- often cost about $45 from a site so a current profile means to-go website templates that offer great like ThemeForest.net). If you need that appropriate writers will design and modern functionality for help customizing a theme that you be able to find you. Members a very low price. Keep in mind that purchase, ThemeForest.net provides should also remember to log templates are not highly customizable, access to by-the-hour or by-the-job on to see alerts and other so don’t pick a photography-heavy designers and programmers through important publishing news. theme if you’re not going to include their Envato Studio. Expect to spend lots of photographs. Most themes tend between $50 and $500. page 11 the pitch spring 2014 up and coming In college she was a creative “Captivating”) by Meredith Moore writing class junkie, and was always (April 2015), a smart, dark, debut editors trying to discover new books YA novel set at a boarding school By Adam Schear and writers for inspiration. She on the English moors, about a girl cut her teeth on several summer whose mother raised her for the Elizabeth Tingue publishing internships, including sole purpose of exacting revenge. Assistant Editor stints at Francis Ford Coppola’s San “It’s very much Dickens for the Razorbill, an imprint of Penguin Francisco-based literary magazine digital age, and I was beyond thrilled Young Readers Group Zoetrope: All-Story, Boston Magazine, when this manuscript came in and Random House. When facing from Alexandra Machinist – here Liz Tingue grew up in Worcester, the real world after graduation, there was a book that was as stunningly Massachusetts, and later attended was nothing she wanted more than written as it was page-turning, with high school surrounded by cornfields to be buried in manuscripts full- a classically gripping plot narrated and cows out near the Berkshires. time, so she hopped in a U-Haul in a fresh, utterly modern voice,” Liz She’s always loved to read, but it and headed to an agency job in said. Another favorite is “Zodiac” wasn’t until Ms. Hannay’s tenth New York City and never looked (December 2014), the first book in grade English class that she found back. Liz worked as an assistant to an epic sci-fi–meets–fantasy series joy in writing – even in the really WME literary agent Suzanne Gluck, by debut author Romina Russell. boring stuff, like five-page essays on whom she says was the best role “Zodiac” takes the astrological signs “Tess of the d’Urbervilles” – and, model a publishing industry hopeful – Aries, Taurus, Gemini, etc. – and more significantly, in language itself. could ask for. Working for a full- reimagines them as 12 different Ever since then, Liz has been on the service agency gave her a bird’s-eye solar systems in a fictional galaxy, hunt for those perfect sentences, the view of the publishing world, and each one inspired by the traits of ones that make you stop and reread an invaluable education in the life its corresponding sign. Book 1 and reread and reread and then sigh of a book. At WME, she worked introduces Rho, a young Guardian on the subway because you’re so with such authors as John Berendt, from Cancer, who must unite the happy you found it but so jealous you Elizabeth Berg, Caleb Carr, Simon 12 Houses of the Zodiac before a didn’t write it yourself. She went to Winchester, and Meg Wolitzer. villain from the long-banished 13th college at Harvard, where she studied During grad school, Liz was sign destroys their world. Liz says English and American literature and the assistant curator for Amanda she loves this series because “it takes language and served on the Features Stern’s Happy Ending Music and the pop culture fun of astrology Board of The Harvard Advocate. Reading Series, where she co- and transforms it into an absolutely A couple years after earning her produced monthly shows at Joe’s Pub stunning and completely accessible bachelor’s degree, she found herself in SoHo and maintained the series’ sci-fi adventure of blockbuster back in school – this time to earn blog. Amanda showed Liz a whole proportions.” Another on her list is her MFA in fiction writing from new side of publishing – the most debut author Willa Strayhorn’s “The Columbia. fun side of all, where authors get to Way We Bared Our Souls” (January perform onstage with rock stars. 2015), a coming-of-age YA novel in In 2012, Liz joined the vein of “Thirteen Reasons Why” Razorbill, helmed by publisher Ben and “Before I Fall,” about a group of Schrank. This is her first foray into five teenagers who trade burdens and the wonderful world of children’s live for a week in one another’s shoes. publishing, and Ben has been an Liz says it’s poetic and poignant, exceptional mentor. In her time and celebrates a uniquely diverse there, Liz has worked on a wide cast of characters while painting a variety of titles, from the “Marcel jaw-dropping portrait of its Santa the Shell with Shoes On” picture Fe and New Mexico desert settings. books to epic YA fantasy series. She’s also had a blast as the editor One of her first acquisitions was “I of Morgan Rhodes’ bestselling high Am Her Revenge” (formerly titled fantasy “Falling Kingdoms” series, continued on page 12 page 12 the pitch spring 2014 continued from page 11 home” even though she’s looking under the savvy leadership of Deb which she calls the YA answer to forward to that ten-year mark in Futter and Sean Desmond.” She “Game of Thrones.” New York, when she can definitively enjoys getting to work with seasoned Liz is looking for beautifully call herself a New Yorker. Libby writers – like Barbara Ehrenreich written page-turners, where she is attended the University of Virginia and Christopher Buckley – and also just as gripped by an intense, clever, double-majoring in political theory bring emerging voices – such as Greg and twist-packed plot as she is by and English, with a concentration Baxter and Jonathan Weisman – into an impeccably written sentence, and in poetry writing. Virginia has an the spotlight. She has been at Twelve says if the prose is excellent, she’ll incredible MFA program, and as for two and a half years, working read pretty much anything. She an undergraduate poet, she had the with Sean Desmond, the editorial is actively seeking YA novels and opportunity to study under Charles director of the imprint, along with series in the following categories: Wright and Rita Dove. After doing Deb Futter, the publisher. grounded coming-of-age stories social work for a year in Virginia, she She is happy to be from fresh perspectives or in unusual knew that literature (and New York) editing Greg Baxter’s second novel, settings, contemporary fiction with was where she was meant to be. She “Munich Airport,” which she says is a focus on siblings and/or family went on to get her MFA in poetry bigger and more ambitious than his (“the more unusual the better!”), writing from Columbia University. first book, the critically acclaimed contemporary fiction with a twist She said she chose it over other “The Apartment,” in addition to of “weirdness” or magical realism, schools because “I knew it would being a deeply moving exploration historical fiction, and high-concept position me to go into the publishing of love, loss, and obsession. She’s series (or stand-alones with series industry after graduation.” proud to say that she worked on the potential) with gripping voices and Libby first worked publication of Christopher Hitchens’ a focus on world-building. Other at W.W. Norton under Nancy “Mortality” and that she helped themes and topics she’s interested in Green and Deborah Malmud on bring Barbara Ehrenreich’s “Living include: identity crises, cults, star- architectural and psychotherapy with a Wild God” into fruition as crossed lovers, multiple narrators, books for professionals in the field. well. She’s excited to be publishing “literary sci-fi” stories à la “The Age She knew she eventually wanted to a novel in 2015 called “No. 4 of Miracles” by Karen Thompson move into trade publishing, and was Imperial Lane” by New York Times Walker or the film Another Earth. thrilled to receive a job offer from senior congressional correspondent When she’s not at the Twelve. She says that “the ideals that Jonathan Weisman, which she calls office or otherwise camped out Jon Karp used to build this imprint “a big, international, coming-of-age with her nose stuck in a book, you still hold true, and even more so, story that spans the punk scene in can find Liz be-aproned in her crumbling Brooklyn kitchen trying out increasingly ambitious recipes. She’s also a big fan of baseball, bourbon, picnics, stationery stores, Smorgasburg, road trips, and Netflix marathons.

Libby Burton Assistant Editor Twelve Books

Libby Burton was born in the suburbs of Philadelphia in Bryn Mawr and moved to Virginia Beach before high school. Much of her family still lives there, so she thinks of visiting Virginia as “going continued on page 13 page 13 the pitch spring 2014

continued from page 12 age four, Liese Mayer grew up in learned so much from Grove about Thatcher-era England to colonial publishing. Both of her parents how publishing companies work Angola in Africa.” have worked in the industry (Peter and how books are made. In 2009, Libby is acquiring for both Mayer and Mary Hall Mayer), her Geoff Shandler hired her as his Twelve and Grand Central, and is father for over 50 years. In 1971, editorial assistant at Little, Brown. always on the lookout for unique he and her grandfather founded an She worked with him for three and a literary fiction. Some of her favorite independent publishing company half years and started to acquire her writers are Zadie Smith and George called The Overlook Press. She grew own books. Geoff was her boss, but Saunders. She loves stories about up surrounded by books, editors, and he also became a mentor and role families and troubled protagonists writers. Her school holidays often model. who ultimately redeem themselves. coincided with international book Among her favorite titles In nonfiction, she is particularly fairs and BEA, and she would spend that she worked on are “Those looking for history, memoir, at least a portion of each vacation Guys Have All the Fun” by James biography, social science, music, wandering around convention Andrew Miller and Tom Shales, and pop culture. She is interested in centers; taking free books, pens, and an oral history of ESPN; “Eating bringing some nonfiction writing by tote bags; and stalking R.L. Stine, Animals” by Jonathan Safran Foer, women onto Twelve’s list, but is in Christopher Pike, and Ann M. part memoir and part investigative no way closed off to submissions by Martin at their booth signings. These report about the meat industry and men. first glimpses of the book world our eating traditions; “Love and As an editor, she feels lucky made a very big impression on her. Capital” by Mary Gabriel, a big, to have the opportunity to bring She wanted to be an editor before exhaustively researched biography writing that she loves to many she understood what that meant, and of the Marx family that will break people, but something that she luckily, though the reasons why have your heart; “The Outpost” by Jake didn’t anticipate when she got into evolved over the years, her interest Tapper, narrative nonfiction that uses publishing, but which she finds has remained steadfast. She studied a doomed outpost in the depths of so rewarding, is the opportunity literature at Bard College, wrote Afghanistan as a lens through which to meet and learn from so many her thesis on Italo Calvino, and to examine the war; and “The Threat different types of people – from graduated in 2005. Matrix” by Garrett Graff, a look journalists to doctors to agents who After graduating, she worked at how the FBI transitioned from have led fascinating lives. “It's always at Overlook as an intern, editorial fighting domestic crime to global a pleasure for me to connect with assistant, and dictation-taker, saving terrorism. someone new – and learn something money to leave New York and In 2012, Liese joined along the way,” she said. She loves travel. She then spent six months Overlook as an editor and contracts making personal connections, be it backpacking around India, China, and subsidiary rights manager. with a phone call, lunch, or drink, and South America, before settling She reported to Tracy Carns, the so she hopes agents don’t hesitate to in Buenos Aires, where she stayed associate publisher. Tracy was a reach out to her in any way. Apart for a year and a half. There, she from books, Libby loves running, and worked at Grupo Santillana as an ran the New York City Marathon assistant editor for Richmond, their last year, which she says was a educational division, collaborating singular experience, but not one she on English textbooks, and also needs to do again. Going forward, as a reader of English-language she’s sticking with ten miles or less. submissions for Alfaguara and Suma, their trade imprints. Liese Mayer When Liese returned to Editor New York, she became an editorial Scribner and publicity assistant and receptionist at Canongate (which Born in London and raised in then had a US arm, which was part New York since moving there at of Grove/Atlantic). She says she continued on page 14 page 14 the pitch spring 2014 continued from page 13 by University of Texas at Austin to read all day (or so I envisioned MFA graduate Antonio Ruiz- it) and talk to writers,” she said. The Camacho. The stories are linked and notion stayed in the back of her examine the emotional consequences mind as she finished high school of violence, following members of outside Boston and attended Vassar a wealthy family in Mexico who College, where she majored in are forced into exile – to Madrid, English and minored in Hispanic New York, Austin, and Palo Alto – studies. After her sophomore year, when the patriarch of the family is she spent one “glorious summer” kidnapped. She says that Antonio living in New York and interning at wrote the stories in a remarkable Kensington Publishing, where the range of memorable voices, each editor in chief, Michaela Hamilton, offering a dazzling and inventive gave her lots of opportunities to read dynamic and generous boss, and new angle onto the book’s central submissions, edit, attend editorial she taught Liese a great deal dilemmas, and she was so impressed and art meetings, and rotate to about the business. At Overlook, by his ability to fuse languages to other departments. The following she acquired fiction and nonfiction. create an utterly unique style. Her summer, she chose to return to Peru, The first book she acquired was a most recent acquisition is “After where she had studied abroad, so debut novel called “The Facades” by the Parade” by Flannery O’Connor come graduation she didn’t have Eric Lundgren, a 2013 BEA and Rona Jaffe Award winner Lori enough publishing experience or Buzz book and a Barnes & Noble Ostlund. It’s about a man who leaves the connections to land a publishing Discover pick. It takes place in a his longtime partner in New Mexico job. Needing a leg up, she applied fictional, Borgesian, Midwestern for a new life in San Francisco, and to the Columbia Publishing Course city and is a comic and existential about his childhood in the Midwest on the advice of one of her English mystery about a disconsolate legal and the larger-than-life characters professors. “CPC was a great bridge clerk’s quest to find his missing wife, who shape his life. It reminded from college to New York City for the city’s most celebrated mezzo- her of a combination of Elizabeth me – I came out of it with some of soprano. Liese joined Scribner as an Strout’s “Olive Kitteridge” and my closest friends to this day, a lease editor in September 2013, reporting Daniel Wallace’s “Big Fish.” on an apartment in Brooklyn, and to Nan Graham, Colin Harrison, and Liese is looking to acquire an editorial assistant job at Random Susan Moldow, and is thrilled to be literary and upmarket commercial House,” she said. there. fiction, narrative nonfiction in the Lindsey started at Random At Scribner, she has acquired areas of social and cultural history, House working for David Ebershoff a debut novel called “War of the and memoir. She reads first for and Tim Bartlett, now an executive Encyclopaedists” (May 2015) by character and voice, and the books editor at St. Martin’s. Tim pushed Boston University and Hunter she loves most explore emotional her to start taking agents to College MFA graduate Chris and moral ambiguities. She also loves lunch long before she might have Robinson and Iraq war veteran and adventure narratives, both real and otherwise, and encouraged her to JAG lawyer Gavin Kovite. It’s the invented. reach out to writers she admired. story of two best friends as their After about a year and a half with post-grad lives diverge into the Lindsey Schwoeri Tim and David, she went to work insular and absurdly opposing worlds Editor for Kate Medina as an assistant of liberal academia and the American Penguin Books editor. She stayed with Kate for the military occupation of Iraq. “Their next four years, rising up to editor in writing and storytelling talents are When Lindsey Schwoeri was 16, she 2011. so sharp, so big-hearted, that I was read “The World According to Garp” “Working with Kate was an blown away by the book as soon as by John Irving. In the novel, the title absolute dream, and a privilege. One I started to read,” she said. She has character talks on the phone with of the key factors in her success, I also acquired a debut story collection his book editor. “I was floored by the think, that a lot of people don’t see is called “Barefoot Dogs” (March 2015) idea that you could actually get paid her determination and perseverance continued on page 15 page 15 the pitch spring 2014 continued from page 14 New York City neighborhoods, in advocating for her authors in- going to the park – whatever gets house,” Lindsey said, adding that her outside, really. She loves dogs, Kate never gives up on her books, though she doesn’t own one...yet. or on looking for new talent – very She’s really into music, and would important lessons for a young editor love to do a book with a musician coming up in the business. Some of (particularly if it was as evocative of the many great writers she was lucky a time and place and as beautifully enough to work with under Kate are written as Patti Smith’s). Other Robin Black, Amy Bloom, Katherine interests include art and architecture, Boo, Tom Brokaw, Gail Caldwell, E. history, politics, women’s issues, and L. Doctorow, Jane Fonda, Kathryn women’s experiences. Like just about Harrison, Tracy Kidder, Yiyun everybody else, she lives in Brooklyn. Li, Jon Meacham, Sandra Day O’Connor, Marisha Pessl, Anna narrative nonfiction, memoir, and Navah Wolfe Quindlen, Karen Thompson Walker, maybe a smart thriller or two. In Editor and Isabel Wilkerson. On her first terms of fiction, great line-by-line Saga Press, an imprint of Simon & day working for Kate, John Irving – writing is very important to her, Schuster whose book had set her on this path as is a strong sense of place – but all those years ago – came into the that doesn’t mean she doesn’t care Navah Wolfe was born and raised office for a meeting. “It sounds corny, about plot. She needs a strong sense in Queens, New York, and currently but it felt like fate.” of tension, or what Kate Medina lives in Stamford, Connecticut. She Lindsey joined Penguin might call a “drum roll” in the went to Stern College (the women’s in the summer of 2013. She is background, to keep her turning branch of Yeshiva University), acquiring paperback originals for pages. Recent fiction she’s admired where she studied history, with Penguin Books – which publishes includes Rachel Kushner’s “The a focus on ancient and medieval approximately two to three originals Flamethrowers,” Rebecca Lee’s European history. She was always a month across a broad range of “Bobcat and Other Stories,” and the kid with her nose in a book, genres – as well as hardcovers for Jesmyn Ward’s “Salvage the Bones.” staying up way too late to read with Viking. She works closely with She’s drawn to nonfiction books a flashlight under the covers, so a Penguin’s publisher, Kathryn Court, that read like novels, particularly career in publishing felt like a natural and the editor in chief, Patrick works of journalism that bring a fit for her. Her first internship, Nolan. social issue or current event down to in the summer of 2004, was at Among the books that a human, emotional level – Adrian W. W. Norton in college science Lindsey has worked on and loved Nicole LeBlanc’s “Random Family” textbooks, where she learned that are Katherine Boo’s “Behind the and Katherine Boo’s “Behind the she loved publishing but didn’t Beautiful Forevers” (of which she Beautiful Forevers” being standout really love college science textbooks. says “helping to publish this book examples. In terms of memoir, some When she spent a semester as was one of the most gratifying favorites are “Let’s Take the Long an editorial intern at Simon & experiences of my career”); Marisha Way Home” by Gail Caldwell, Schuster’s Aladdin imprint in the Pessl’s “Night Film,” an ambitious, “Lit” by Mary Karr, and Susannah spring of 2005, she fell in love with fast-paced, imaginative thriller; Cahalan’s riveting reported memoir, children’s books. After a year abroad Gail Caldwell’s “New Life, No “Brain on Fire.” She thinks Gary working as a veterinary intern at Instructions,” a moving, gorgeously Shteyngart’s memoir “Little Failure” the Jerusalem Zoo (where, among written memoir (“I’d read Caldwell’s is brilliant, and may be her favorite other things, she got up close and grocery list,” she says); and Robin of his books. personal with a baby elephant, Black’s “Life Drawing” (July 2014), a Aside from reading and sparred with a bratty parrot, and haunting domestic drama. socializing – the two most important raised a baby Nubian ibex), Navah At Penguin and Viking, pastimes in publishing – Lindsey returned to the States, where she she is looking for literary fiction, likes running, hiking, exploring new started working as a bookseller at continued on page 16 page 16 the pitch spring 2014 continued from page 15 award-winning “Aristotle and post-WWIII New York, told from Books of Wonder. In April 2007, she Dante Discover the Secrets of the alternating voices of two sisters. was hired as an editorial assistant at the Universe,” Neal Shusterman’s And she’s thrilled to have worked Simon & Schuster Books for Young “Unwind Dystology,” Tim Federle’s on Genevieve Valentine’s “Persona,” Readers. She was an editor at Books “Better Nate Than Ever,” Margaret a near-future political thriller in for Young Readers for nearly seven Peterson Haddix’s “The Missing” which politics meets reality TV, and years, until they started Saga Press series, Jonathan Maberry’s “Rot & nothing is safe. this year, and she moved over as an Ruin” series, Katherine Rundell’s Navah is looking for fantastic editor at the new imprint. “Rooftoppers,” and many others. genre fiction of all kinds. At the Navah says that she was Working with David shaped her top of her wish list right now is a lucky enough to have spent the first perspective as an editor, and helped commercial epic fantasy – ideally seven years of her career working her become the editor that she is with a female protagonist, and for David Gale, VP and editorial now. commercial, accessible spaceshippy director of Books for Young Readers. She has been at Saga science fiction. She’d love to find a She says that David is a remarkable Press since its inception this past bromance/ladymance buddy-type editor, and while working with him November. Along with executive story – basically something that she got to work on titles such as editor Joe Monti, Navah works centers on a strong nonromantic Benjamin Alire Saenz’s multiple- for publisher Justin Chanda and friendship, of any gender. She also president Jon Anderson. She says loves a great caper or a gripping that Saga Press is a bit of an unusual locked-room mystery, and is a huge beast: an adult Sci-fi/Fantasy fan of found family/rebel group- imprint that lives in the Children’s type stories (along the lines of group. Saga was born out of passion “Firefly”). She would love to find for the genre, and eagerness to bring a novel reminiscent of “Fringe” – excellent SF/F titles to Simon & which is to say, with a strong lead Schuster. She says that it’s been a and daring, brave storytelling. She privilege to be part of the inception also loves gorgeous language, and is of this new imprint. Their goal is to looking for things beautifully written publish titles that will have crossover along the lines of Guy Gavriel Kay appeal – books that are accessible or Katherine Rundell. Ultimately and appealing to adults and teens, though, she says, she’s a sucker for a but will largely be published into the great character, and she’d follow one adult side of the market. down any path. Among the books that In all her lack of spare time, Navah is proud to have worked on Navah enjoys amateur photography are Phoebe North’s “Starglass” and and so-bad-they’re-good movies. “Starbreak,” YA science fiction set She’s addicted to good tea and good aboard a generation ship. She says chocolate, loves great TV, and she that it’s an unusual series that breaks collects pennywhistles. all the rules, and works so well. She also really loves Imogen Howson’s Philip Marino “Linked” and “Unravel,” YA science Associate Editor fiction that explores the bond Liveright Publishing, an imprint of between sisters, and what it means W. W. Norton to be human. “These books made me cry while editing them – more than Philip Marino grew up in Minnesota once!” On Saga Press’ launch list, she from sixth grade on, but was born says that she has a gorgeous debut by in Chicago where he spent his Lee Kelly, “City of Savages,” which formative years as his dad finished she calls a riveting journey through up his PhD at the University of continued on page 17 page 17 the pitch spring 2014 continued from page 16 his assistants who have gone on to as one of those sports dads, and Chicago. After a year stint at the do great things in the book world. trained me as a quarterback from Air Force Academy, where he was If you were around the office even pretty much the moment I could actually recruited to play football, for a day, you would understand why first walk. He was also big on boxing, Philip ended up returning to Hyde he has that sort of track record. Bob and had me in the ring whenever I Park and graduating from the never misses a teaching opportunity wasn’t on the gridiron.” Now that he University of Chicago in 2007, with and wants nothing more than to see can’t really play them as much in real a BA in the humanities. those around him succeed, which is a life, Philip has taken to the Xbox to Throughout college, he wonderful and rare quality to find in live out his unrealized NFL dreams. did a lot of computer work, mostly anyone, no less a boss.” “Madden is my game of choice and I maintaining and fixing the faculty In 2011, Bob Weil was get embarrassingly sad when I lose,” machines at the famed Fermi tasked with leading the revival of he said. Music has also always been Institute, in the basement of which the storied Liveright imprint, whose important to him. Growing up he the Manhattan Project took place. backlist was purchased by Norton played the violin and guitar, but he’s Publishing wasn’t discussed much in the 70s and includes the likes of slowed on both since moving to New and he really didn’t even consider it E.E. Cummings, William Faulkner, York. “Still, if anyone is trying to put as an option until a few years out of and Theodore Dreiser. After the together an 80s cover band, I hope college. Right after graduation, he move was made, the Liveright team they will get in touch.” found that most everyone seemed was filled out with some new faces, to be going to medical school, law including Katie Adams, Peter Miller, school, or Wall Street – none of Will Menaker, and, most recently, which really appealed to him. He Cordelia Calvert. Helping out with did have some “writerly” aspirations Bob’s list has been a wonderful so one January day, he packed all his learning experience for Philip. belongings into his car and drove to Some of the most memorable books the city. “It was not a smart move, include Jim Holt’s “Why Does the bringing a car to the city…especially World Exist?,” Edward O. Wilson’s without a job. I recommend it to “The Social Conquest of Earth,” nobody,” he said. Thankfully he had and Walter Kirn’s “Blood Will Out.” some family to stay with until he Philip says that Bob’s wide-ranging could get on his feet, which he did tastes and editorial philosophy are by finding a stable gig waiting tables. nothing short of inspirational and A few years later, his dad, a professor really helped him get a sense of the and writer himself, called, saying that books that he wanted to acquire, he recently met with an editor, Bob which he started doing a few years Weil, at W. W. Norton to discuss ago with Bob’s support. Philip is very some possible book ideas and that open-minded with his own projects, Bob said he’d be happy to talk to but he specifically loves history, Philip, a younger “writer” trying to tech, music, sports (football, boxing, find his way in the world. It turned baseball), science, and pretty much out to be a fortuitous meeting. A anything that isn’t memoir or fiction. few months after meeting Bob, He loves crafting ideas with agents Bob’s assistant was leaving and and authors and getting involved in Philip got a call asking if he might the process early on, sometimes even be interested in interviewing for before there is a proposal. He’s also the job. Philip says that Bob Weil is game for reshaping ideas that didn’t “one of the most brilliant, but also work out on the first go-around. caring, helpful, and gracious editors When not reading, sports in the business. If you don’t believe continue to play a big role in his life. me, just take a look at the number of “My philosopher dad moonlighted page 18 the pitch spring 2014

COMMITTEE REPORT: royalties Simon & Schuster’s ACH payment system is now ready. Agents desiring direct deposit in place of paper checks should get in touch with royalty operations manager Karen Palermo to obtain the appropriate forms: karen. [email protected].

We sent out an alert in late November 2013, outlining problems with royalty statements and payments from Amazon Publishing and KDP. In response to many complaints by agents, Amazon Publishing is developing a new royalty reporting system that addresses a number of the issues raised. Amazon has begun to pay foreign royalties in US dollars and if requested will make payments by direct deposit. The new KDP dashboard is now live. You can filter the data by title, though not by author. You can access lifetime cumulative sales or see sales in any period of time or market that interests you. We welcome your feedback.

The Committee had a productive meeting with Hachette CEO Michael Pietsch, EVP and COO Joe Mangan, and EVP and CFO Tom Maciag to discuss their new portal which will be rolled out this month. ACH payments will not be available initially, but they anticipate that it will be possible to sign up for ACH payments via the portal in the future. We asked that they include additional information on the royalty statements that is not currently reported there, such as number of copies shipped and returned, reserves held, and reserves released. At present, this information is available only if you request a “Unit Ledger Report.”

Hachette’s library e-book policy is that one sale covers as many uses as the library wants; there are no restrictions on the number of lends permitted, which they feel is appropriately compensated for by a significant markup in price that yields a substantial royalty to the author. Hachette does not participate in subscription services.

The Committee also met with HarperCollins president and CEO Brian Murray, director of royalties Jackie Fueshko, chief marketing officer Angela Tribelli, SVP and CFO Janet Gervasio, and SVP and publisher of Morrow Liate Stehlik to find out about their plans to develop a portal for agents and implement ACH payments, and to request small improvements to their royalty statements. There are no plans at present for a US portal, though it’s on their agenda. HarperCollins UK will be rolling out a portal first. Jackie Fueshko asked for our input on details we would like included in the payment advice that would be e-mailed in conjunction with an ACH deposit. With respect to the royalty statements, we requested that they include subcategories within cumulative sales, such as regular, high discount, and export.

Agents may notice a $55 subrights credit on statements for the period ending December 2013. This represents the author’s 50% share of the per-title license fee paid by Scribd for each HarperCollins title included in that subscription service. In addition, authors will receive a royalty for each “sale” via Scribd. If a Scribd subscriber reads more than 20% of a book, that counts as a “sale.” Upon request, HarperCollins will remove an author’s work from the service.

We are finalizing an update of the Royalty Chart. We are gathering more information about the new subscription services to get a better understanding of how they work and how this kind of use is accounted for and reported on publishers’ royalty statements. page 19 the pitch spring 2014

community with almost one million well as online products like webinars, craft users worldwide, for a multimedia streaming video, and a direct-to- publishing publishing program that would consumer e-commerce business, include their pattern, magazine, and according to a press release by F&W. goes every online content. BurdaStyle is the With these acquisitions, and that US arm of Hubert Burda Media, a of Martha Pullen, an embroidery which way German-owned worldwide fashion company, and the LoveSewing site, By Kate McKean magazine and sewing pattern giant. F&W boasted that 60% of their F&W’s reach into the craft market earnings were now coming from the had grown exponentially, not just craft sector. ow-to, hobby, craft – whatever in books, but very importantly in Users themselves haven’t Hyou call it – books on sewing, online communities and blogs where noticed, as far as this agent and knitting, embroidery, paper craft, and advertising is plentiful and readers crafter can tell. F&W has kept many other techniques and media are loyal to their favorite sites. Interweave’s brand identity and are no small category in our industry. But they weren’t done. In holdings largely intact, and there’s And in recent years, this sector has January of 2014, F&W acquired little to no mention of F&W on been in flux, much like the industry New Track Media’s select craft BurdaStyle.com. Of course, users are at large. But craft publishing and hobby holdings and then in unlikely to notice anything about proves to be an interesting case March expanded their dealings with corporate mergers and acquisitions, study in licensing, branding, BurdaStyle to a 50/50 joint venture. especially in publishing, unless things online communities, growth, and The deal included an extensive change. So far, so good, if you’re a contraction – even just seen through publishing program including books, crafter online or in the stores. But, as some recent mergers, acquisitions, e-books, e-magazines, exclusive kits, a literary agent in this sector, if the and new company developments over and 2,500 PDF sewing patterns, as content is coming from inside the the last year or so. Let’s take a look.

Acquisition and Going Vertical

In the summer of 2012, F&W Media – a media company in name as well as deed that not only produces books but publishes magazines and organizes events and webinars across a variety of interests, not just craft – purchased Aspire Media, the parent company of Interweave. Interweave is one of the foremost craft publishers in the area of needle arts, and is itself a media company with a 350-book- deep backlist, 15 magazines, 33 websites, ten online communities, 11 consumer events, and sponsorship of three television shows on PBS. And this, all in the craft market. After the acquisition, F&W spoke of looking to increase their digital content and reach, and in April of 2013 entered a licensing deal with BurdaStyle.com, an online continued on page 20 page 20 the pitch spring 2014 continued from page 19 Media, to focus on collaboratively publishing’s corporate structures. corporation, as it were, it’s possible it made craft books, emphasizing a Craft books are difficult to sell, like could consume creative resources and close relationship among writer, other areas of full-color nonfiction, leave less room for outside authors. publisher, and reader. Woods plans and they’re especially more so in on publishing ten books a year, the wake of a tidal wave of free Contraction starting this summer with “Lucky content and tutorials online through Spool’s Essential Guide to Modern blogs and Pinterest. But readers do But, it’s not all M&A in this sector. Quilt Making” by a host of craft- still want to hold physical books, In June of 2013, Penguin Random star contributors and “Savor Each and want the luxury and ease of House announced that Clarkson Stitch: Studio Quilting with Mindful flipping pages and holding paper Potter publisher Pam Krauss would Design” by Carolyn Friedlander. Then patterns instead of refreshing pages oversee the Potter Craft imprint and in January of 2014, Lucky Spool online. Craft publishers today will that Victoria Craven, then editorial announced a distribution deal with have to balance the expectations of director of Watson-Guptill, Amphoto fellow craft publisher Taunton Press, traditional crafters and readers with Books, and Potter Craft, would be a definite boon for a start-up in this the new tastes and requirements of among several staffers (including sector. Here’s hoping that Lucky tech-savvy and -saturated readers. senior editor Betty Wong) to leave Spool, and possibly others like it, will Crown Publishing Group. Watson- make up for the loss of titles in other Full disclosure: I was the agent of record Guptill and Amphoto Books were areas of craft publishing. for BurdaStyle’s two books with Potter reassigned to Ten Speed Press in There is, of course, a natural Craft and I frequently host webinars California, and Potter Craft’s list ebb and flow to publishing and with F&W Media. was moved to be a part of the larger Clarkson Potter list. In April of 2013, John MARK YOUR CALENDARS FOR UPCOMING AAR Wiley & Sons’ craft holdings were PROGRAMS! among the trade rights sold to Turner Publishing, which does not THURSDAY, MAY 29TH appear to be expanding that program. 3:30–4:20 PM Then in February of 2014, Sterling AAR at BEA, Making the Make Book: Success Stories from Publishing closed Lark Books’ offices Publishers. At the Javits Center, 655 West 34th Street, Room 1E10. in Asheville, North Carolina, with operations moving to New York. TUESDAY, JUNE 10TH It was reported that “under 20” 5:45–7:00 PM jobs would be lost as a result of the Evening Program, AAR Annual Meeting and Meet the Publisher: closure, but it is still unclear whether Workman Publishing. At the Society of Illustrators, 128 East 63rd any Asheville editors made the move Street (between Park and Lexington Avenues). to New York, physically or digitally. Lark’s titles are to be transferred to WEDNESDAY, JUNE 11TH the New York editorial and marketing 12:30–2:00 PM teams, and a job for a craft editor was Lunchtime Toolbox, Part II of the AAR Contracts Committee posted to PublishersMarketplace.com, series on contract basics: Warranties and Indemnities. At the but I was unable to find out if that Dramatists’ Guild, 1501 Broadway, Seventh Floor. position had been filled by press time. TUESDAY, JUNE 24TH Niche Growth 12:30–2:00 PM Lunchtime Toolbox, Part III of the AAR Contracts Committee There is some light at the end of the series on contract basics: Termination. At the Dramatists’ Guild, tunnel. In 2013, former Interweave 1501 Broadway, Seventh Floor. editor Susanne Woods started a new publishing company, Lucky Spool page 21 the pitch spring 2014

chasing after an in-house editorial in over 50 countries. from egypt job. This constant effort yielded some Naggar’s own remarkable to e-books: a pleasant meetings, but nothing more.” list includes the “Earth’s Children” Then, opportunity knocked in the series by Jean M. Auel; the novels conversation form of a meeting with an editor, of Mary McGarry Morris, Susan Charlie Sopkin of Saturday Review Fromberg Schaeffer, Sarah Waters, with agent Press, but perhaps not in the way Nancy Willard, Lily Prior, and extraordinaire, Naggar originally expected. Sopkin Ellis Avery; the thrillers of Phillip asked after a nonfiction project Naggar Margolin; the mysteries of Ingrid jean naggar had been developing at Liveright. Parker, Christopher Sansom, Gillian By Carrie Howland When she called to ask the author if Roberts, and Morag Joss; the she should send the manuscript along, historical novels of Karleen Koen, the author replied, “Only if you’ll be the Jay Schauer, Donna Cross, David agent.” Ball, and Judith Merkle Riley; the Naggar sold that project, literary narrative nonfiction of Carl and then another, but continued to Safina (winner of a MacArthur grant look for an editorial position. Soon, and a Lannan Award); science and however, manuscripts began to pile philosophy by Robert Pollack and Ed up on her coffee table and, she said, “I Regis; the poetry of award nominees gradually realized that after two years Linda Pastan and Nancy Willard; and of banging my head against a stone the sophisticated self-help of Carol wall, there was an open door beside it, Lindquist and Joe Luciani. and I walked through.” I asked Naggar if she might She set up a pull-out desk in impart some of her 35-plus years of her Manhattan living room, sharing publishing wisdom and experience a phone and typewriter with her to us. husband, Serge, who had also left his “You don’t gain anything by ean Naggar’s life began in Egypt, job and formed his own company. bucking a trend,” she said of why butJ her publishing life began some She remembers this time fondly, she chose to fully immerse herself in years later when, in 1962, she met albeit with a bit of working-mother “modern” publishing trends, like social and married her husband and moved guilt when it came to her two sons media and e-books. “This is what’s to New York. After hearing the and daughter: “The rule was not to happening. The old way will not come oft-used phrase, “You can’t get a job talk to me until 6 PM. All evidence back. Become conversant so you can in publishing if you’ve never had a to the contrary, I was not there, I was tell your authors.” In fact, Naggar not publishing job before,” she began a in my ‘office.’ [Years later] when one only tweets, but also maintains an successful freelance career as an editor of my adult children tried to remind active blog on her website. She even and reader, followed by a full-time me of an incident I simply couldn’t found herself personally invested position as an editor at Liveright, recall, another chimed in, ‘You must in the new world of e-books and where she worked with poets Linda have told her before 6 PM. She never self-publishing when, in 2012, she Pastan and Nancy Willard, along heard anything we said before 6 PM.’” published her memoir, “Sipping from with working to revive the house’s After many years of hard the Nile: My Exodus from Egypt.” prestigious backlist. However, when work, Naggar began to see the path Initially a self-published book, it has Liveright was sold just two years later, that would become her lifelong now sold over 30,000 copies. I asked in 1972, she found herself without a career. What started as a pull-out “if, after the success of the memoir, job in the field she’d worked so hard desk before 6 PM in 1978 eventually she was working on something new. to break into, the field she loved. became the thriving Jean V. Naggar “A novel. It’s a new struggle. I’m “For a year after my dream Literary Agency, Inc. whose finally putting into action the advice job vanished, I pounded the impressive team of agents represents I’ve been giving for years on writing pavements, or rather wore out the a list of award-winning writers from fiction.” telephone and my typewriter ribbon every genre, who have been published Speaking of trends, are there continued on page 22 page 22 the pitch spring 2014 continued from page 21 middle-grade novel about a boy born any she doesn’t subscribe to? Yes. report from with facial anomalies, which has had She still believes in a tried and true strong US and UK sales after its method for pitching manuscripts: the book fairs initial US publication in 2012. the telephone. “There’s a trend to do By Diana Finch Ginger noted that the image everything over e-mail. Sometimes, of the Fair this year was Vermeer’s it’s better to pick up a phone. When Girl with a Pearl Earring, which was pitching or negotiating, a phone embers of the International the highlight of an exhibit of Dutch call allows you to hear those subtle CommitteeM attended the Bologna art in Bologna this spring, with the nuances often lost over e-mail. Some Children’s Book Fair and London iconic painting featured on posters old ways are still valid.” Book Fair this year and would like to all over the city. And for those agents who share their impressions. The end of the Fair coincided want to grow their lists or perhaps Ginger Clark of Curtis Brown with a Lufthansa strike, prolonging even start their own agencies, she reports that the hot category this year the stay in Bologna for some into reminded me that for years she read at Bologna, which ran from Monday, the weekend – not necessarily a every query herself. “You don’t need March 24th through Thursday, March problem! For agents who specialize to be big and showy immediately. 27th, was middle grade, and middle- in children’s and YA or who have I began in my living room. Just be grade series in particular, bolstered by strong lists in these genres, Bologna prepared. All you really need is a the presence in many foreign-language has become as important or more phone, and these days, a computer.” markets of healthy middle-grade important than Frankfurt for foreign Naggar believes her biggest strength publishing programs. rights, and the spring choice over was that she didn’t necessarily know The focus in successful London which, this year, came just the right or wrong way, she just did middle-grade titles is on relationships two weeks afterwards. what she thought was right. That was among the characters; school issues ______to gather knowledge, meet people, are in the background, so even work hard, and take on projects she though the details of school life in The London Book Fair, loved. “I chose and loved everything I different countries differ, the basics which ran mid-week, Tuesday, April represented. No one should do what are similar enough to allow these 8th through Thursday, April 10th, was we do without passion,” she said. titles to travel. held for the last time at the Earls “That’s one thing that hasn’t changed.” In YA, there is less interest Court venue this year, moving to in paranormal and dystopian the slightly smaller Olympia, also genres (except perhaps for Eastern in West London, for 2015. Chris Europe, where dystopian remains Lotts of The Lotts Agency, who strong), and interest is strongest in attends both Frankfurt and London contemporary stand-alones that annually, reports a modest but deal with important social issues. business-like Fair, with most markets Publishers seem weary of trilogies, having stabilized and the Eurozone perhaps as their lists have been so operating at a low level with hopes full of trilogies in recent years, and that signs of improvement are China is continuing to build into an coming soon, although there is cause exceptionally strong market. for concern that unemployment Hot titles included “The remains relatively high in the Tapper Twins Go to War (with European countries. Brazil, Each Other),” which sold in the US enthusiastically anticipating global to Little, Brown and in the UK to attention with the World Cup in Orion right before the Fair; “Eleanor June of this year and the Olympics in & Park,” published in the US in the summer of 2016, continues to be 2013 and with film rights selling to a strong market. DreamWorks around the time of the The biggest issue and the Fair; and “Wonder” by R.J. Palacio, a topic of numerous meetings at the continued on page 23 page 23 the pitch spring 2014 continued from page 22 Agency in 2013 as the assistant Fair seemed to be the working-out new members to Jenny Bent after internships of the consequences of the generally Claire Anderson-Wheeler with Serendipity Literary Agency well-received Penguin Random Regal Literary and the Carol Mann Agency. In House purchase of Santillana in Spain www.regal-literary.com addition to her assistant duties, she and Objetiva in Brazil, announced is now building her own list and is just three weeks before London. Claire Anderson-Wheeler joined interested in acquiring all genres of The UK hosts of the Fair Regal Literary in 2013; previously, romance, women’s fiction, thrillers were upbeat, and there was much she was an assistant agent at and mysteries, and YA novels with speculation about the coming change Christine Green Authors’ Agent a focus on digital-first publishing. to the London publishing landscape in the UK and foreign rights You can find her on Twitter @ with the decision to move all the manager at Anderson Literary torilowes. quite-distinct Hachette companies Management. In nonfiction, into the same new location by late she is chiefly focused on topical Lauren MacLeod 2014 or early 2015. memoir, popular science, and pop The Strothman Agency, LLC Digital publishing, while no psychology with a solid research www.strothmanagency.com longer the big new thing, continues background; in fiction, her primary to grow, as in Japan where there is interests are literary fiction, YA Lauren MacLeod joined The more interest in e-book rights as part and upper-end middle-grade Strothman Agency in 2007 after of a deal, and more is happening with fiction, and commercial women’s graduating from Emerson College subscription sales models, particularly fiction with strong contemporary with a BFA in writing, literature, in audio downloads, as the Netherlands themes. She recently sold the YA and publishing. She specializes and Scandinavian markets test an “Mindwalker” duology to Melanie in YA and middle-grade fiction “all-you-can-eat buffet” kind of Cecka at Knopf Children’s. (including Jodi Meadows, author model where a subscription allows the of the “Incarnate” series and purchaser an unlimited number of titles Priya Doraswamy Hélène Boudreau, author of which can only be downloaded and Lotus Lane Literary the “Real Mermaids” series) in listened to one at a time. www.lotuslit.com addition to handling the Barbara Cooney Estate and foreign Priya Doraswamy founded Lotus and subsidiary rights for The COMMITTEE Lane Literary in New Jersey in Strothman Agency. She lives in REPORT: contracts May of 2013. She has been an Nashville, Tennessee, and tweets agent for a little over five years under @Lauren_MacLeod. The Contracts Committee issued and has sold books globally. an alert in November drawing Priya represents bestselling and Beth Phelan attention to several major items of award-winning adult fiction and The Bent Agency concern in the Amazon boilerplate. nonfiction authors. Prior to her www.thebentagency.com We also sent a follow-up alert in agency career, Priya was a deputy February regarding new language attorney general with the state of Beth Phelan joined The Bent in the agency clause of Amazon’s New Jersey, prosecuting securities Agency in September of 2013, contract that was also problematic. fraud. Priya loves her second career where she is actively building her The Committee is currently pre- as a literary agent and is looking client list. She has held positions paring for a series of toolboxes in forward to meeting agents and at Howard Morhaim Literary May and June focusing on several authors through the AAR. Agency and Waxman Leavell key contract clauses and the issues Literary Agency (formerly the that might arise from them (Grant Victoria Lowes Waxman Literary Agency) and is of Rights, Warranties and The Bent Agency a graduate of New York University. Indemnities, and Termination). www.thebentagency.com She tweets under @beth_phelan.

Victoria Lowes joined The Bent page 24 the pitch spring 2014

'open road' decision leaves open questions

By Ken Norwick, AAR General Counsel

he recent federal court decision inT HarperCollins v. Open Road, which held that the 1971 publishing contract at issue granted (subsidiary) e-book rights to the publisher, may have raised more questions than it resolved. Among them is the impact, if any, that decision has on the 2001 federal decision in Random House v. Rosetta Books, which found that the in court cases is to determine from Although the lower court’s decision 1960, 1967, 1970, and 1982 contracts the contract’s language, if possible, was not a final decision on the issue, at issue did not grant e-book grants, what the parties intended, or would it was nevertheless widely viewed which thus remained with the authors. have intended, when everyone agrees as establishing that e-book rights Can these two decisions be reconciled? they never contemplated the actual were not granted in older publishing How should agents and authors use in question.) The judge answered contracts that didn’t mention them. proceed when they’d like to grant in the negative, emphasizing that the Which bring us to the recent e-book rights where the underlying “in book form” formulation in the Open Road case. The judge there – not publishing contracts didn’t explicitly grant was a “limited,” as distinct from the same as in Rosetta – found that grant (or reserve) those rights? a “broad,” grant – citing dictionary the 1971 contract at issue in that case Let’s start with Rosetta. The definitions of “book” and “form.” differed in at least two significant language in the grant of rights in (Previous “new use” cases turned on ways from the contracts in Rosetta. the publishing agreement at issue whether the grant was “limited” or First, the judge emphasized that the conveyed an exclusive license to “print, “broad.”) grant language in the case before her publish and sell the work in book Because the grant was – “to publish…in book form” – was form.” The authors there also granted “limited,” and because the authors different from the “print, publish and other specified rights, such as for book explicitly reserved other specified sell in book form” formulation in clubs, reprints, use in anthologies, rights, the judge found that e-book Rosetta. Second, the judge emphasized selections, abridgements, publication rights could not be read-into that that the contract before her granted in Braille, and “microfilming, Xerox, “limited” grant. The judge did not to the publisher as a subsidiary right and other forms of copying, either separately discuss, or rely on, the the right to license (with the author’s now in use or hereafter developed,” inclusion of the word “print” in consent) “use [of the work] in storage but other rights – including dramatic, the grant. (Except for a grant of and retrieval systems, and/or whether motion picture, and “mechanical “photocopying” rights, which the through computer, computer-stored, renditions” – were stricken from the judge held did not include e-books, mechanical or electronic means now publisher’s form contract and thus the contract did not contain a grant of known or hereafter invented….” retained by the authors. “electronic” rights.) Also, the judge declared “pertinent to The judge’s task was to divine Without addressing the this action” the clause in the contract whether – in those pre–e-book ultimate merits of the case, the that gave the publisher “the right to contracts – the parties “intended” federal appeals court affirmed the reprint the said Work in whole or in to include a grant of e-book rights. judge’s denial of the preliminary part in the form of excerpts, digests (The goal of contract interpretation injunction sought by Random House. and selections in one or more issues continued on page 25 page 25 the pitch spring 2014

continued from page 24 “electronic means…,” which language will govern future cases involving “in of a newspaper, magazine book or is quoted above. The judge found that book form” standing alone. On the anthology,” although she did not “this language, encompassing as it other hand, the judge in Open Road further discuss that clause. does the forward-looking reference to declined to address that question, With respect to the grant technologies ‘now known or hereafter thus perhaps creating some doubt language, the judge declared: invented,’ is sufficiently broad to draw about that issue. Authors and agents “Paragraph 1 conveyed to within its ambit e-book publication. contemplating grants of e-book HarperCollins ‘the exclusive right to Although no commercial market rights in such circumstances should publish [the work]…in book form.’ for e-books existed at the time of at a minimum be aware that there Relying heavily on [the Rosetta its drafting, e-book technology may be an open question whether “in decision], Open Road argues that this comprises a later-invented version of book form” does or does not include language cannot possibly extend to the very ‘computer, computer-stored, e-book rights. And, of course, those e-book publication rights…. However, mechanical or other electronic means’ authors and agents should also be the operative contract here differs provided by [the subsidiary rights aware that e-book publishers will, as significantly from its counterpart paragraph].” per their usual practices, likely expect in Rosetta…, which was held to be The judge rejected Open full warranties and indemnities if such limited to paper book publication. Road’s argument based on the rights are granted; authors and agents In the instant case, the governing contract’s “reservation of rights” should consider the implications of grant conveys the right ‘to publish… provision, reiterating that the such provisions in what may be an in book form,’ whereas in Rosetta… “reservation clause stands for no more uncertain legal landscape. the grant was one ‘to print, publish than the truism that [the author] and sell.’…. As was explicitly argued retained whatever [s]he had not in the earlier case, the inclusion of the granted…[i]t contributes nothing to COMMITTEE word ‘print’ has a limiting effect and the definition of the boundaries of the REPORT: digital a strong connotation of paper copy…. license.” The word ‘print’ is absent from the So, we have different contracts rights 1971 contract governing here, thereby leading to different conclusions. The Digital Rights Committee distinguishing the case at bar from Where are we left? First, it seems continues to bring new Rosetta….” likely that contracts like those in information to the members on Although the judge thus Rosetta – which include the word topics of digital change. We recently “distinguished” the Rosetta decision – “print” in the grant, and which do not presented an evening panel on meaning it was not directly in point include any grant of “electronic rights” metadata/discoverability (and and thus not a direct precedent for – will be found not to convey e-book free cookies!) at the Society of the present case – she did not decide rights. Conversely, contracts like that Illustrators. And at BEA we will whether that difference supported a in Open Road – which do not include be presenting a panel on “Making different result. As she put it, “given the word “print” in the grant and do the Make Book.” We are compiling that we must interpret the contract as include a grant of “electronic rights” – a list of digital publishers and a whole, we need not reach the issue will likely be found to convey e-book their public terms that will be of whether Paragraph 1 standing rights. available to all members, and we alone is sufficient to convey e-book But what about contracts are attempting to pull together a publication rights….” In other words, in between? Suppose the grant major panel with players from she left unaddressed in her ruling in a contract is like that in Open other industries (music, film, and whether “in book form” – without the Road – “in book form” without the television) to talk about digital word “print” – did or did not grant word “print,” and without a grant of disruption across all media and e-book rights. electronic rights? Significantly, the lessons to be learned. We continue The judge then turned to what judge in Rosetta explicitly found “in to run the Unofficial AAR Blog she considered the “critical distinction” book form” – without reference to (found via the home page of the from Rosetta, i.e., the clause in the the word “print” – to be “limited” AAR website). contract granting HarperCollins and to not convey e-book rights, certain rights associated with use by and many observers believe Rosetta page 26 the pitch spring 2014

Members shall deposit funds shall proceed in accordance with aar canon received on behalf of clients the following: promptly upon receipt, and of ethics shall make payment of domestic For a period not to exceed 90 earnings due clients promptly, days, the member may deposit e think it's a good idea to be but in no event later than ten the funds in question into a remindedW of our mission as agents, the business days after clearance; segregated interest-bearing professionalism we want to model, and provided, however, that if funds account pending possible the standards we uphold as members for a client are received more resolution of the dispute. No later of the AAR. Each year, our members frequently than quarterly and if than the expiration of that 90- reaffirm their commitment to our those funds do not exceed a total day period, if the dispute remains canon of ethics, as follows: of $100, then payments to clients unresolved and the claimants do may be made quarterly, so long not otherwise agree with respect 1. The members of the Association as when funds received exceed to the disposition of the disputed of Authors’ Representatives, $100 or upon the client’s specific funds, the member shall take Inc. are committed to the request, payment to the client such steps as may be necessary highest standard of conduct shall be made within ten days to deposit the funds with a in the performance of their thereafter. court of competent jurisdiction, professional activities. While with appropriate notice to the affirming the necessity and Revenues from foreign rights claimants, so that the claimants desirability of maintaining their over $50 shall be paid to clients will have an opportunity to full individuality and freedom within ten business days after present to that court their claims of action, the members pledge clearance. Sums under $50 shall to the funds. Upon so depositing themselves to loyal service to be paid within a reasonable time the funds, the member will have their clients’ business and artistic of clearance. However, on stock complied with the member’s needs, and will allow no conflicts and similar rights, statements of obligations under this Canon of of interest that would interfere royalties and payments shall be Ethics. with such service. They pledge made not later than the month their support to the Association following the member’s receipt, 3. In addition to the compensation itself and to the principles of each statement and payment to for agency services that is agreed honorable coexistence, directness, cover all royalties received to the upon between a member and and honesty in their relationships 25th day of the previous calendar a client, a member may, subject with their co-members. They month. Payments for amateur to the approval of the client, undertake never to mislead, rights shall be made not less pass along charges incurred deceive, dupe, defraud, or frequently than every six months. by the member on the client’s victimize their clients, other behalf, such as copyright fees, members of the Association, the A member’s books of account manuscript retyping, photocopies, general public, or any person must be open to the client at all copies of books for use in the with whom they do business as a times with respect to transactions sale of other rights, long-distance member of the Association. concerning the client. calls, special messenger fees, etc. Such charges shall be made 2. Members shall take responsible If a member receives in writing only if the client has agreed to measures to protect the security a claim to funds otherwise reimburse such expenses. and integrity of clients’ funds. due a client, the member shall Members must maintain separate immediately so advise the 4. A member shall keep each client bank accounts for money due client in writing. If the member apprised of matters entrusted to their clients so that there is determines that the claim is the member and shall promptly no co-mingling of clients’ and serious, and that the funds should furnish such information as the members’ funds. not be remitted to the client client may reasonably request. because of the claim, the member continued on page 27 page 27 the pitch spring 2014 continued from page 26 any transaction involving a for individual consultations with 5. Members shall not represent client. If such profit is received, agents in which the writer’s work both buyer and seller in the same the member must promptly pay is read or evaluated may provide transaction. Except as provided in over the entire amount to the such consultations. The AAR the next sentence, a member who client. Members may not solicit believes that the potential for represents a client in the grant or accept any payment or other abuse presented by the practice of rights in any property owned thing of value in connection with of charging reading fees in or controlled by the client may their referral of any author to such circumstances is mitigated not accept any compensation or any third party for any purpose, by the fact that the agent is other payment from the acquirer provided that the foregoing does acting within the context of an of such rights, including but not not apply to arrangements made independent writers’ conference. limited to so-called “packaging with a third party in connection Moreover, the concern that fees,” it being understood that with the disposition of rights such participation would reflect the member’s compensation, if in the work of a client of the adversely on our profession is any, shall be derived solely from member. outweighed by the potential the client. Notwithstanding benefit of such participation to the foregoing, a member may 6. 7. Members shall treat their writers, a benefit that cannot be accept (or participate in) a so- clients’ financial affairs as duplicated in another manner. called “packaging fee” paid by an private and confidential, except acquirer of television rights to a for information customarily It shall not be a violation of property owned or controlled by disclosed to interested parties this Paragraph 8 if a member a client if the member: as part of the process of placing provides an evaluation of a a. fully discloses to the rights, as required by law, or, if nonclient’s material if: client at the earliest practical time agreed with the client, for other a. any payment the possibility that the member purposes. therefor is made directly to may be offered such a “packaging a charity qualified under fee” which the member may 7. 8. The AAR believes that the Section 501(c) (3) of the choose to accept; practice of literary agents charging Internal Revenue Code or b. delivers to the clients or potential clients for to an established educational clients at such time a copy of the reading and evaluating literary institution; Association’s statement regarding works (including outlines, b. the member shall packaging and packaging fees; proposals, and partial or complete personally create the evaluation and manuscripts) is subject to serious and provide it within a reasonable c. offers the client at abuse that reflects adversely on time; such time the opportunity to our profession. For that reason, c. the member does arrange for other representation members may not charge clients not in any way benefit financially in the transaction. or potential clients for reading and from the activity; and In no event shall the member evaluating literary works and may d. the member accept (or participate in) both a not benefit, directly or indirectly, conducts the activity in an packaging fee and compensation from the charging for such services honorable way fully consistent from the client with respect to by any other person or entity. with the AAR Canon of Ethics. the transaction. For transactions The term “charge” in the previous subject to Writers Guild of sentence includes any request for The provisions of the previous America (WGA) jurisdiction, payment other than to cover the two paragraphs of this Paragraph the regulations of the WGA actual cost of returning materials. 8 do not in any way dilute the shall take precedence over the AAR’s belief that literary agents requirements of this paragraph. Notwithstanding the foregoing, should not charge clients and members who participate in potential clients for reading and 5. 6. Members may not receive a conferences or other events where evaluating literary works in the secret profit in connection with writers are charged separately ordinary course of business. page 28 the pitch spring 2014

ASSOCIATION OF AUTHORS’ REPRESENTATIVES, INC. BOARD OF DIRECTORS – 2013-2014

Gail Hochman, President Ginger Clark (’14 end of first term) Brandt & Hochman Literary Agents Curtis Brown, Ltd. 1501 Broadway, Suite 2310 Ten Astor Place New York, NY 10036 New York, NY 10003 (212) 840-5760/ Fax (212) 840-5776 (212) 473-5400 [email protected] [email protected] President Liaison: Contracts Committee; International Committee

Cynthia Cannell (’15 end of first term) Wendy Sherman (’15 end of first term) Cynthia Cannell Literary Agency Wendy Sherman Associates, Inc. 833 Madison Avenue 27 W 24th Street, Suite 700B New York, NY 10021 New York, NY 10010 (212) 396-9595 (212) 279-9027 [email protected] [email protected] Liaison: Newsletter Committee Liaison: Membership Committee

Beth Blickers (’14 end of second term) Dan Lazar (’14 end of first term) Abrams Artists Agency Writers House, LLC 275 Seventh Avenue, 26th Floor 21 West 26th Street New York, NY 10001 New York, NY 10010 (646) 461-9322/Fax (646) 486-2358 (212) 685-2400 [email protected] [email protected] Liaison: Dramatic Committee

Jim Rutman (’14 end of second term) Gina Maccoby (’14 end of first term) Sterling Lord Literistic Gina Maccoby Literary Agency 65 Bleecker Street, 12th Floor P.O. Box 60 New York, NY 10012 Chappaqua, NY 10514 (212) 780-6098 (914) 238-5630 [email protected] [email protected] Liaison: Program Committee Liaison: Royalties Committee

Jennifer Weltz (’15 end of first term) Ellen Geiger (’14 end of second term) Jean V. Naggar Literary Agency, Inc. Frances Goldin Literary Agency 216 East 75th Street, Suite 1E 57 East 11th Street, Suite 5B New York, NY 10021 New York, NY 10003 (212) 794-1082 (212) 777-0047 [email protected] [email protected] Liaison: Digital Rights Committee Liaison: Website Committee

Zoe Pagnamenta (’15 end of first term) Barbara Hogenson (’13 end of first term) The Zoe Pagnamenta Agency Barbara Hogenson Agency 20 West 22nd Street, Suite 1603 165 West End Avenue, Suite 19-C New York, NY 10010 New York, NY 10023 (212) 253-1074 (212) 874-8084/Fax (212) 362-3011 [email protected] [email protected]

Marta Praeger (’15 end of first term) Jody Klein (Administrative Secretary) Robert A. Freedman Dramatic Agency, Inc. Brandt & Hochman Literary Agents, Inc. 1501 Broadway, Suite 2310 1501 Broadway, Suite 2310 New York, NY 10036 New York, NY 10036 (212) 840-5766 (212) 840-5770/ Fax (212) 840-5776 [email protected] [email protected]; [email protected]

Ken Norwick, Esq. (Attorney-Literary) Elliot H. Brown, Esq. (Attorney-Dramatic) Norwick, Schad & Goering Franklin Weinrib Rudell Vassallo 110 East 59th Street, 29th Floor 488 Madison Ave. New York, NY 10022 New York, NY 10022 (212) 751-4440/ Fax (212) 604-9997 (212) 935-5500 [email protected] [email protected]

Jeff Gerecke (OFF THE BOARD POSITION) Treasurer Gina Maccoby Literary Agency P.O. Box 60 Chappaqua, NY 10514 (718) 664-4504 [email protected]