the pitch spring 2012

The Newsletter for the Association of Authors Representatives

Contents Letter from the President 1. letter from the president Fair are frenetic but I love seeing 3. does audio still matter? ear AAR Members and Friends, my international colleagues, and 4. committee report: D the conversations help as I try to digital rights The older I get, the more it seems understand better which books of that the concept of enjoying “free ours might travel, and which just 5. our craziest sales! time” simply evades me. I feel I won’t, and why. These meetings 6. the perils of schedule a work all the time. There are always reinforce my favorite thing about 7. save these dates more manuscripts to read, more “real” publishing – even though grand 8. women who take 10% books that I really should take a look corporations rule this world, the 10. an american agent in london at, more contracts or statements to driving forces are still just people check, rights to revert, promotions and their passions. People write the 10. roundup from the to strategize. I take Fridays to work books, people read the books and talk international committee at home; since my kids left home for about them, people edit and design 12. committee report: college, my Friday-Saturday-Sunday covers and persuade bookstores to contracts has become one huge marathon of buy them and publications to review 13. morning coffee with doing work piled up on my dining them. At a time when many of our gloria loomis room table. I pray that no friends clients are so frustrated about the 14. new members choose to ring the doorbell – I am diminishing number of foreign sales 15. when all else fails actually afraid that one of these for their titles, I do nevertheless find 16. profile of a small press: days I will pretend not to be home my co-agents acting so valiantly to prometheus books so that I don’t have to lose an hour try to find houses for these titles, to normal socializing. I mutter and I find the editors hand-caring 17. does "in book form" include e-books? a legal rematch about the endless reading and no, for the books even in their ever- we cannot go out for dinner, because reduced marketplaces. Many of my 18. up and coming editors how would I ever catch up? When co-agents this year admitted that 21. are you utilizing the aar I do take time off, I am never found the economies in general were really website for all it has to offer? without something to read, which weak, so books are truly suffering yet 23. the brave new world of is invariably a neglected issue of they cheerfully soldier on. You have e-play publishing PW or a manuscript on the Kindle. to love it. And it gives me renewed 24. the aar weighs in on Vacations are often spent in places energy, somehow. The world becomes the department of justice where I see a client or a co-agent, as smaller, more intimate, more antitrust suit if it is too guilty a pleasure to take approachable. 26. committee report: royalties time completely “off.” Selling books in England is 27. board of directors I particularly enjoy the time away subject to a few additional stresses, to go to London for the Book Fair; which were underlined to me this I am energized by my visits with old year once again. One – as Ginger friends in British publishing and Clark reports in her piece in this international editors and agents. newsletter – is the territories issue. (Not to mention forays to the V&A The UK publishers sell a huge and Liberty’s and a formal “tea” percentage of all titles as “exports,” somewhere in the week.) Those and are fighting hard to hold onto famous 30-minute meetings at the exclusivity in Europe, in what has continued on page 2 page 2 the pitch spring 2012 continued from page 1 long been defined as nonexclusive more authors will be disappointed in publishing houses as interns or open market territory. And in order – and alas, I find that my lengthy assistants; our summer convocation to be competitive in whatever open explanations as above do not comfort of agency interns for a special AAR market territory we will compete them. Perhaps at one point the UK program is always standing-room- in, the UK publisher most often publishers will give us simply an only and filled with amazingly insists on releasing an American e-book edition in England; this interesting and dedicated young title at the same time as it is released would be a way that we could open people; I speak to students from here. So if we submit material the door and introduce the author colleges who are dying to learn more in England too late for them to into the UK market. I will continue about the potential of a professional publish simultaneously, often the UK to dream on about this. life with books. I am starting to publisher decides simply not to read I felt the London Book see how we can use all this new that submission. Years ago a British Fair this year was somewhat technology for the benefit of our agent friend suggested that there sedate. Enormous questions were clients and their backlists. And I am is a simple time when we should being discussed everywhere: the prouder than ever of selling that first submit our material to our agents Department of Justice proposed novel or new memoir. in England: The moment an author settlement about selling e-books; So for the moment, I’m still “in,” has the idea in his head. Well, this the fact that there was no award for and I remain optimistic. Okay, I will is obviously not practical, but you the 2012 Pulitzer Prize in fiction; try to get out more ... and I will look get the point. Another phenomenon the financial crises in various forward to seeing you all on the floor I have been watching is this: I have nations overall. But still I think a at BEA in June. at times given World English rights book fair puts us all in one city for to one of my American publishers, a few exciting days, as we settle – Gail Hochman hoping that their sub rights people into our respective booths in the President, AAR will deal with the timing issue and same cavernous building. We have the territories issue more smoothly those 30-minute appointments (a than we would. But time and time bookworm’s form of speed-dating) again I found myself still without and inevitably within the course of a UK deal. Then it dawned on me three days one sees almost everyone that these publishers would probably that one has ever had lunch or submit first to their sister companies drinks with, in one place. We are all in the UK, asserting this “globalism” working towards the same goals, and we hear so much about. But how we all experience the same stresses. many titles will this sister company I feel great energy from my co- really be able to take on from the agents even in the face of universal US? Eventually that American slowdowns in book buying; I feel rights director would have to submit that eternal excitement whenever the manuscript to outside houses. an editor or agent has come upon But to the other UK publishers, an amazing new writer; I feel the already deluged with submissions thrill of community when I am in from their own sister companies, a grouping of editors from various do these titles seem “tainted” or countries who have published the “unloved,” somehow, if the original same writer. sister company did not take it on? But I have never worked harder Why should the outsider think in my life! And I have become seriously about investing in this title? obsessed with this question: is this So again, I still have no UK deal. “the best of times, or the worst of Clearly the most successful and most times” to be in this business? Alas, I prestigious authors will continue to have no answer, but I do see a future: be published in England, but many friends’ children are taking jobs page 3 the pitch spring 2012

Does Audio Still speaking, following the recession, it obvious, what does seem to prove seemed, to me at least, that focusing a deciding factor in an agent/ Matter? on reserving and selling audio agency’s attention to audio rights is rights took a backseat to building the existence or lack of a significant By Meredith Kaffel relationships with digital publishers, backlist. Agents at newer firms which app developers, and mining backlists haven’t yet established a weighty for available e-book rights instead. roster of backlist titles find less reason remember 2008 fondly as a time That being said, of course audio to spend precious time developing Iof Audio Rights Renaissance: Audible rights remain an important and relationships with audio publishers; was making aggressive rounds, and potentially lucrative means of making frontlist print and electronic deals I was busily working on a giant our clients additional money. After are instead their primary focus, spreadsheet of all available audio all, audio news still proliferates in especially since certain (ahem, rights, the first ever for my agency at the industry dailies. From Audible’s Harper) publishers now refuse to do the time. It was a long list, and new aggressive recent launch of “Audible new book deals at all without audio deals being done at that same time Author Services” (“a program that included in the subrights digest (for also almost always reserved audio establishes a $20 million fund “electronic bundling reasons”). to the author. Then the recession hit from which authors can earn an But for agencies like Donadio & in earnest, the layoffs of 2008 and ‘honorarium’ of $1 for each audio Olson, agent Carrie Howland (who beyond were upon us, and suddenly title sold on Audible.com, Audible. handles all audio licenses for the everyone seemed awfully glad just co.uk, and iTunes – a move that agency as well as first serial rights, to be selling a book at all, let alone would allow the company to obtain foreign, and her own client list) has retaining certain subsidiary rights. I audio rights directly from authors and had terrific luck both mining a deep do recall a resurgence of interest in circumvent audio publishers, which backlist (which includes Chuck 2011, around the time that Audible would get no honorarium for sales”), Palahniuk, Peter Matthiessen and was about to launch its ACX program to HarperCollins announcing its plan multiple high-profile estates) and also and was quietly visiting agencies to to publish 15 Milan Kundera audio selling frontlist titles big and small ascertain their interest and which books (putting those rights, at least, to individual audio publishers. On potential titles they might be able to to use) to the announcement of, say, the current audio market, Howland offer to the program. But generally Tom Hanks’s signing on to narrate says, “I’ve found the audio market the audiobook of Stephen Colbert’s to be just as strong of late as it has children’s title, “I Am a Pole (And in recent years; it seems to fluctuate So Can You!),” to countless audio just as the rest of the publishing sales appearing daily in Publishers market does. . . And while bigger Marketplace, it would appear that names seem to always have a place the audio book market is thriving. in the audio market, publishers like Still, I have found myself Recorded Books also have a great wondering, as I try to manage my track record for taking chances (and time in an increasingly pressurized paying not insubstantial advances) economic environment, just how on smaller press or debut titles.” She worthwhile it is to continue to try continued to say that she does the to exploit audio aggressively while most business with Blackstone (who simultaneously actively building a she deemed the “most innovative” client frontlist. In grappling with of the bunch, as well as the most this question, I decided to poll aggressive in terms of seeking new some colleagues at agencies small titles), Recorded and Brilliance. As and large to discover whether any for her experience with selling audio general consensus prevailed. The backlist, Howland spoke similarly short answer: there isn’t one. glowingly: “Our agency has been At the risk of sounding painfully in business for over forty years, so continued on page 4 page 4 the pitch spring 2012 continued from page 3 when I took over audio rights about most agents commented that they’d left her frustrated. However, she did five years ago, one of the first things never dream of retaining audio for recount a fascinating endeavor she is I did was to go through those old “big” (i.e., six-seven figure) deals; undertaking, involving an originally contract files, dust them off, and ask it’s only for smaller frontlist titles, self-published book she then sold to for reversions. It's always a pleasure to in competitive sales situations, that a major publisher. That author is close call an author to inform him or her of warrant the reservation of such with an actor from Glee, and they are an audio deal for a book they wrote rights. As one assistant at a high- in talks to self-publish an audio book, years ago, and to hand over a check profile fiction-leaning boutique shop with Erica working to put the project for what is, essentially, money from remarked diplomatically, “[Reserving together with a producer she knows. the sky.” She reported that her largest audio] doesn’t seem to happen very This is an interesting option, although, audio deal in this past year was in the often, because there are other points as Erica acknowledged, a title can’t high five figures – for a single title we’re more inclined to fight for, but break into the school/library audio sale. Another agency assistant further we do try to do so when possible.” market without a traditional publisher uptown had the following strategic As for physical vs. digital audio sales, on board for institutional distribution. suggestion for selling backlist: she noted, “[The market] seems Still, it’s a creative approach. “Usually backlist titles are added onto to be primarily digital, especially And so, it seems the jury is a deal when someone acquires a new for backlist, but some people, like split. Basically, if you have a decent title so the same audio publisher can Recorded Books, are still doing a backlist, you would be foolish not to publish several of an author's titles.” great job with hard copies.” Howland exploit it, because there’s real money Howland’s level of focused zeal from Donadio agreed. Yet another to be made. But if you don’t, selling seems something of a (delightful) agent I spoke with – Erica Rand audio seems to be a case-by-case anomaly, however. While others Silverman of Sterling Lord Literistic endeavor, with a limited number of acknowledge still selling audio – explained that while she used to aggressive players. However, it would here and there (Audible, Brilliance, focus especially on selling audio, be wise to remember this: if many Blackstone, Highbridge, Recorded, these days limitations from publishers other agents aren’t selling audio and Tantor are the names that come seeking to retain audio not to exploit these days, then audio publishers up most), there seem to be fewer it, but instead to amass it in the event will love the ones who still call them dedicated people selling subrights for of some future electronic need, have regularly. Opportunity knocks! a whole agency (though the larger talent companies seem to have a dedicated “Coordinator” handling such work), with those responsibilities COMMITTEE REPORT: shifting instead to individual digital rights assistants to agents or even those agents themselves in certain cases. I talked to agents at another unnamed The Digital Rights Committee has pulled together several mid-sized agency who agreed audio interesting panels, perhaps most notably the two-part “meet rights were of little to no active the new digital players” in the fall, which introduced several interest, although its agents were cutting-edge publishers and service providers to the membership grudgingly in the process of putting in an intimate round-table format. In addition, the Committee together a (limited) list of available administers the blog “AARdvark” on the AAR website to keep titles for Audible, at Audible’s members informed on digital issues of note (http://aardvarknow. request. (As a fascinating sidenote, another agent revealed off the record us/) – which can also be followed on twitter as @digitaar. The that apparently Audible has been Committee also works behind the scenes, advising the Board known to pay its own interns to go on critical new issues and helping to craft the organization’s into literary agencies to find unsold responses to those new challenges. audio rights! So clearly they are amassing rights for something.) Still, page 5 the pitch spring 2012

Our Craziest Sales! Every time we represent a book, it can feel like we've learned something new about the art of selling. However, in a few (hilarious) cases, the art of selling is purely... accidental. Check out these anecdotes and hopefully learn a thing or two. (Or not.) — Dan Lazar

A crazy thing happened recently when I got a call from an editor, saying, “We love X’s book and we want to buy it.” I had no clue what book the editor was talking about. Turns out X is a friend of said editor, had given the editor pages last month, whereupon the editor recommended me to Author X. So X promptly e-mailed, but the e-mail never arrived. Which means I’m about to sell a book without having to pick up the phone other than to answer it. — Lisa Bankoff, ICM

I once got a pre-empt on a book – $50,000 – that I felt was too low. I was on my Blackberry and quickly forwarded it to a colleague at my agency: “What do you think? The book is worth at least $150,000.” When I got back to my computer, I quickly realized I had not e-mailed my colleague, but had replied to the editor. And the editor had already replied in turn: “Ok, I just went to my boss, 150 it is! Do we have a deal?” We did. — Daniel Lazar, Writers House

A writer once approached me with her fourth novel, and alas poor numbers, in the days when publishers had started “tracking” sales. I loved her book, though; it was fabulous. What to do? At 4 a.m. one morning, I had a bold thought, “Let's sell this book without actually submitting it.” I called five of my favorite scouts: don't even read this novel, I said, just receive it and talk about it during your next idle lunch with an editor. I removed the writer's name and urged my scouting friends not to offer the book to any editor: “Play the reluctant virgin! Get them to send a messenger! Work it!” Two weeks later, I sold the novel for $250,000, and we nearly doubled that in foreign. I won't tell you this author's name, but I will add that this lovely woman bought a new car, her first in many years, and named it “Molly.” — Molly Friedrich, The Friedrich Agency

I was selling a book by a Famous Southern Comedian. The editor bidding was also southern, but had thoroughly assimilated into the north, shall we say. He made a very good offer, but Comedian's manager was adamant about not taking less than X. However, the editor felt that was too rich for his blood. Frustrated, I dolefully went into the long weekend assuming it didn't work out. As it happened, this editor went to visit relatives, where for four days he was trapped in West Virginia thanks to a blizzard that shut down the entire Northeast. In a house full of kin, he was asked about work, and the subject of this failed deal came up. The rest of the weekend, all he heard from his relatives was how “awesome” this Famous Southern Comedian is, how much they all love him, and why wouldn't he buy the book? I suspect they made him watch DVDs as well. When we all came back to work, I got a call, offering for the book the exact amount Famous Southern Comedian's manager had insisted on. — Peter McGuigan, Foundry Media

Riding the subway home after a reading, ICM author Kim Purcell was telling friends about her manuscript. A woman sitting nearby was clearly listening, but Kim didn’t think much of it until she got off the train and the woman got off at the same stop. The woman apologized to Kim for eavesdropping, but explained that she was an editor, and asked that Kim have her agent send the manuscript. She handed Kim her card and walked off. A few beats later, Kim had a book deal for her YA novel, “Trafficked,” with Kendra Levin at Viking Children's Books – the woman she’d “pitched” on the subway. — Tina Wexler, ICM page 6 the pitch spring 2012

The Perils of and Ireland, and they want to sell it in very large markets like India, Schedule A New Zealand, and Australia. Taryn Fagerness of the Taryn Fagerness By Ginger Clark Agency, a foreign rights agent, says “I know that many British publishers won’t even look at a project if they can’t few weeks ago an agent have India exclusively. This is especially friendA of mine called and asked true for debut books.” Therefore, a me the following question: list of countries must be set aside in paperback and the American by the American publisher for the publisher has initially published in “I’ve got offers from two publishers exclusive use of the British publisher. hardcover. A trade paperback in and one wants North American rights British publishers have pounds will almost always be cheaper and one wants North American traditionally defined this exclusive than a hardcover priced in dollars. rights plus Open Market. I’ve got territory as the countries found in the Turning back to territories and a territory list in front of me, but British Commonwealth of Nations. who gets what: Sometimes, British those are territories that a British If you look at certain contracts from publishers will also ask to get Europe publisher gets, right? So, where’s the as late as 1999, there would be no list exclusively, arguing that since they list of Open Market territories?” of territories at the back. Instead, the are merely across the Channel, they “There is no list for the Open territory would be referred to in one should get those countries for their Market territories,” I said. “It’s just line as “the United Kingdom, Ireland, own exclusive use. They also could the countries that are not reserved and the British Commonwealth.” You argue that European Union law has exclusively for the American publisher can easily find a current definition of stated that there is no such thing as or for the British publisher.” the British Commonwealth online – importing exclusivity. Meaning, if “So, they aren’t listed anywhere?” like this one: http://en.wikipedia.org/ you can import a book in the UK, “No. It’s like a negative space – it wiki/Commonwealth_of_Nations. you should also be able to import is defined by the objects in it.” Many current contracts include it in Germany – and the reverse “Like the arrow in the Fedex logo?” something at the back called Schedule is true. If an American edition of “Yes!” A. This is a list of several dozen a book could be sold in Germany, “I got it! Thank you.” countries, some of which you haven’t it should also be available in the “I’m not even going to mention that heard of (i.e. Tristan de Cuhna – UK – which is the main market for some of those countries that are population 261! I’m not kidding, British publishers! Therefore, the reserved for the British publisher here’s another link: http://www. Brits might argue, they should have exclusively view themselves as theawl.com/2012/03/to-nowhere- all of Europe exclusively to prevent being in the Open Market.” island-in-the-middle-of-the-sea), American editions from hurting their Long silence. “My head hurts.” where a publisher in London gets to bottom line. There have been several ship books without any competition recent cases in the European Court My friend had just begun to from an American publisher. of Justice addressing this issue, one go down the pitfall-ridden road One big reason that the Brits most recently last fall involving satellite of territory rights. This could all want these countries exclusively – broadcasts of sporting events and a be avoided, of course, if she’d done money. American books are often pub owner in England. Here’s a link a World English deal. But when cheaper than British books in export to the case summary: http://www. selling North American rights, an countries (like South Africa and India) bbc.co.uk/news/business-15162241 agent usually hopes to sell the British because the dollar is always weaker Also, please note there is a rights elsewhere. British publishers than the pound. A British publisher difference between the European want to be able to publish the book might be wary of cheaper American Union and Europe. Not all countries not just in the UK – they want to be editions competing with its edition. in Europe are members of the EU. able to sell it many other places as However, the reverse is true if the For instance, neither Norway nor well, places like South Africa, Nepal, British publisher has initially published Switzerland is a member of the continued on page 7 page 7 the pitch spring 2012 continued from page 6 European Union. Is the British passed laws making it part of the publisher asking for the EU or all of Open Market). I’m not going to get Europe added to its territory list? into which ones do this. Just prepare SAVE THESE DATES Will not getting Europe put aside yourself to have this argument with FOR UPCOMING AAR for the British publisher be a problem? an American contracts manager. PROGRAMS! Possibly, but often it is not. Taryn Taryn Fagerness adds: “My advice Fagerness has found that “British to people selling in the US and UK is Tuesday, June 5th 3:30-4:30PM publishers do seem to realize that if to be upfront about what rights you’re AAR at BEA, Secrets from the the book was sold in the US first, the offering. Tell the US publishers at the Other Side: Lessons about US will take Europe non-exclusively. time of submission that the British publishing today from people who’ve I only run into trouble when the US Commonwealth will be excluded worked in both print and digital. also takes British Commonwealth from the non-exclusive Open Market territories non-exclusively.” (provide a list if needed, so there is Tuesday, June 19th 5:45-7:15PM Now I bet you’re wondering no room for argument). Tell the UK AAR Annual Meeting at the – where’s the list of the Open publishers Europe shall be part of Society of Illustrators, 128 East Market countries that both the US the non-exclusive Open Market.” 63rd Street (between Park and and UK publishers get to exploit? So, if you sell a book to an Lexington Avenues), Book App There isn’t one. The Open Market American house and a British house, Development – From Concept territory list would be several pages make sure those territory lists match to I-Pad: An insider’s guide to creating and marketing the best long. So rather than define the up. If you go for the hat trick and apps today. Open Market, the American and sell it to an American house, a British British publishers declare what they house, and an Australian house, Wednesday, July 18th each get exclusively, and leave what things are a bit more complicated 12:30-2PM they share not explicitly listed. as to what those lists look like. Toolbox for Interns at the Dramatists’ I have actually encountered a (And is everyone aware that the Guild, 1501 Broadway. contract from the mid 1980s from Australian government is likely to Wednesday, August 15th an American publisher that listed reduce the amount of time after 2:30-2PM every country in the world at the initial publication elsewhere that an Toolbox at the Dramatists’ time, including Yugoslavia and Australian publisher must publish in, in Guild, 1501 Broadway. Contracts Czechoslovakia… This was from an order to get Australia exclusively? That Committee will host a program on contracts basics. American publisher. Some contracts it’s now going to be that much more staffer had gone through and important to talk to Australian editors Wednesday, painstakingly marked each country very early in the process, as they will September 19th one of three ways with a handwritten need to start publishing simultaneously Annual Party. The annual party code: exclusive to that publisher; with an American house or a British will be held at the Century Club, exclusive to a theoretical British house or a Canadian house? You have 7 West 43rd Street, Time TBA. publisher; and then the rest in the been following that news, right? I’m Open Market, for the exploitation of sorry, I ruined your lunch, didn’t I?) both publishers. This is the only time I have seen Open Market specifically detailed on a contract. This contract also looked like it had been copied on a ditto machine. Remember those? The Pitch was put together by Sarah Lazin and Manuela Jessel of One last aside: As I mentioned Sarah Lazin Books, Jody Klein of Brandt & Hochman, Meredith before, some of these territories Kaffel and Adam Schear of DeFiore and Company, Ginger Clark of that a British publisher tends Curtis Brown, Carrie Howland of Donadio & Olson, Ellen Geiger to get exclusively actually view and Matt McGowan of Frances Goldin Literary Agency, and designer themselves as Open Market (such Allison Borowick. as Singapore, which in the 1980’s page 8 the pitch spring 2012

Women Who Take 10% By Louise Bernikow

AAR Editor’s Note: In 1971, Cosmopolitan magazine published a piece about the high-flying life of the “lady agent.” We thought you would enjoy hearing about agenting from the “Mad Men” era, replete with three-martini lunches and dubious personal “errands.” Although (we think, we hope) these aspects are gone, the fundamentals of hard work and good representation remain. It is excerpted and reprinted here, courtesy of the author. – Ellen Geiger ------They are lady agents who offer mother love – among other favors – in return for a cut of their clients’ income.

The late Ian Fleming, London-based creator of James Bond, once wrote to this particular girl that he had seen an advertisement for men’s underwear in The New Yorker magazine, a special brand sold only at Abercrombie & Fitch in Manhattan. Could she, he asked, please pick out some shorts for him? Add to that that married men have used her as a mailing address for letters from their girlfriends. Plus out-of-towners are always asking her to get them dates, and on occasion she has even arranged a marriage or two. She has been known to hold the hands of both husband and wife through a stormy divorce…to take a midnight taxi to the other end of town to bail a drunken man out of his bar bill…and to be on call with ready cash for people who have lost their last dollar at the races, need a new suit, or cannot pay their alimony. “She” is a lady agent, the business representative of authors (if she is a literary agent), or directors, playwrights, or actors (if a theatrical agent), or the entire mixed bag (if she is both). But her job spills over into areas that have no connection with business – from buying a best-selling author’s party canapés to what one agent calls “the massaging of clients’ egos.” Between and around all the secondary roles she plays, the lady agent puts in an exhausting day in one of the most unsentimental enterprises in New York: the literary and dramatic marketplace. Usually, she gets to her office by 9:30 a.m. and tries to sort through the mail, a dreaded chore that is nonetheless a vital part of her business. A single morning’s delivery might bring an article about Greece commissioned by Life magazine and a month overdue, two chapters of a novel-in-progress for which she is having trouble finding a publisher, a book-length manuscript about the Aquarian Age sent by a valued client on behalf of a (nontalented) friend, several articles returned by various magazines for authors’ revisions, a packet of manuscripts from her London associate to be marketed in New York, letters from book publishers – some rejecting properties, others offering cash advances against royalties (one novel finally sold after twenty submissions) – contracts, offers of article assignments, checks, invitations to cocktail parties, and a request from a Tokyo-based client for a Hebrew National salami. More than half of the best-known literary agents in New York are women. None started in this competition-crammed business with a burning ambition to become a top agent; indeed, most fell into their careers by accident – usually having been aspiring actresses in need of a steady job or bored editors in search of excitement. Monica McCall, one of the venerable and best independent agents, got into the field over thirty years ago because someone asked her for a favor. Monica, born in Great Britain, had just married an American and was about to accompany him to the States when a playwright friend asked her to “help him out” and do some negotiating for him in the US. Although she knew nothing about representing authors, she took the job – without pay.

continued on page 9 page 9 the pitch spring 2012 continued from page 8

“Now I prefer handling books. At least they come out: most plays don’t happen.” It was easier then, too, for an aspiring agent to set up her own shop and operate independently. Today the trend in agenting, as in most fields, is toward corporate enterprise. Last year Monica merged her firm into International Famous Agency (Editor’s note: in 1974 IFA merged with Creative Management Associates and became today’s ICM). Monica thinks being a woman in this tough business is an enormous advantage. “Men don’t expect you to know anything,” she says, “and they’re off guard when you do. You can get at them when their defenses are down. Men are still reluctant to bicker over terms with a woman. And don’t think you have to be aggressive. Aggressive women are a damn nuisance. Be yourself…a masculine persona is totally unnecessary.” Some people imagine the lady agent as a femme fatale, batting her fake eyelashes while signing a $100,000 movie deal in a dark cocktail lounge – or in bed. While not a single one admits to operating that way herself, they all relay gossip about other agents whose negotiations involve a lot of feminine charm, sex, and “making the scene.” Phyllis Jackson, an IFA colleague of Monica’s, exudes the same kind of authority. “Come on,” she commands, from her office if you linger gossiping with her secretary. “I’m busy.” Phyllis doesn’t see herself so much a frustrated editor as a “frustrated mother. I regard all my clients as mine – I’m responsible for them…interested in their lives.” Because so much of an agent’s work involves listening to writers who continually call with problems, most of which she can’t do anything about – like, “My books aren’t in the bookstores” – Phyllis feels that being a woman makes it easier to do the job. “Women have more ability to listen than men do,” she says. On that point, one male agent agrees…and disagrees: “These women give us a lot of competition because they can offer mothering services. But women are helter-skelter about contracts. Most of the contractual breakthroughs are made by men.” The advice from literary and theatrical representatives about how to get into the business, if you have that instinct, is to go to work as a secretary in an agency – as Lynn Nesbit did. She took the Radcliffe College Publishing Course and went to work at Sterling Lord, a literary rep who had lectured there. Six years later Lynn left the Lord umbrella and today is a vice-president at IFA. What she likes about being an agent is the diversity of the work, the energy required, the need to “keep the balls in the air.” Her clients include Michael Crichton, Jack Newfield, and Tom Wolfe – all of them young and as Lynn puts it, “on her wavelength…and many of them men: Male clients are more comfortable having a woman agent. A woman’s more sublimated to what they want; she can put her own ego second.” Another literary agent who worked her way up through the ranks is Emilie Jacobson, now a VP at Curtis Brown, where she handles only magazine deals for “prestige” writers like Elizabeth Bowen, John Knowles, and Martin Mayer. She went to Curtis Brown as an assistant to an assistant, typed and filed, astutely learned her boss’s business and ultimately became an agent herself. She says “I’ve never been good at cocktail parties or at ‘operating’ in general, for that matter." So she merely limits the social side of the business and concentrates her work in the office or at lunch. The latter, she feels “is terribly important.” Another aspect Emilie avoids is being a nursemaid: “An agent could become one, but I just discourage that.” (Editor’s note: Emilie Jacobson spent her entire career at Curtis Brown until her death in April of 2010.) What all these lady agents give to their work is a chunk of themselves – abundant time, energy, and commitment, whether it be to writers individually, to talent generally, or to making money. A top agent can make anywhere from $8,000 to $80,000 a year. And salaries for assistants who have moved up from secretarial jobs range from $7,000 to $8,000. Secretaries make less, but if they are good, they don’t stay behind a typewriter too long. The lady who takes 10 percent comes away with more than a bank account. She really likes what she does and turns her job into a style of life. An agent deals day to day with some of the most interesting (yes, and erratic) people in the creative world, and they invariably become her friends. How many other professions can offer a bonus like that? page 10 the pitch spring 2012

Reports from the London Book Fair

An American Agent Associates put it, “It was a good fair; from the UK – an awareness of very international. I’ve never seen so landscape, history, and American in London many American editors in the same character in particular. Similarly, place outside of Manhattan before.” the more ‘American society’ novels By E. Carrie Howland An interesting thought: aside from the – Franzen, Eugenides, Harbach international appeal, do we fly all the – work as they’re often grappling way to London to see those editors with a question greater than the he first day of the London and agents who live and work within sum of their parts, applicable to BookT Fair is much like the first day a 14-mile radius of us? The answer all, wherever you’re from. For of sleep-away camp. The excitement is, in part, yes. We’re all gathered in a nonfiction, the big ideas books are and anticipation as publishing’s giant venue, something that happens the only ones that really seem to finest move from the Tube toward only a few times a year, so why work, those and distinctive memoirs. the enormity that is Earl’s Court is not? Of course, for those of us who Often nonfiction is harder as the something I look forward to each deal heavily in UK rights, London reference points are so different year. Quick hellos and air kisses provides us a time to meet countless and touchstone knowledge points abound as you’re greeted by those British editors as well. Whether we and areas of interest more variable.” editors you likely haven’t seen since deal directly in the UK or with the I found this to be the case with the last fair, as everyone dons his assistance of co-agents, I find that most UK editors, especially on the or her book fair finest and runs to visiting London helps to really get fiction versus nonfiction front. the first of over a dozen meetings my fingers on the pulse of what our Overall, I think what we that day. As one French editor neighbors across the pond are doing. can learn from this year’s fair, commented, “It’s like a publishing Scout Kelly Farber, of Barbara especially on the US/UK front, is fashion show, everyone is dressed Tolley & Associates, noted of this that editors are hungry for good to impress.” And as a scout friend year’s fair, “the British publishers were fiction, they are in fact buying, and mentioned, “I get my hair done twice hungry, spending big in all or most they’re looking good doing it! a year: before London and before of the major auctions. In the other Frankfurt.” Of course by the start of direction, there were some big fiction day two, heels have been swapped projects out of the UK, like ‘The Roundup from for flats, and the coffee carts are Mouse Kitchen!’ and ‘The Golden working overtime. Still, the London Boy,’ both from Conville & Walsh.” I the International Book Fair remains one of the was personally contacted by a number biggest events in publishing’s annual of UK editors prior to London who Committee calendar. But why is that? And were eager to buy American fiction. what made this year’s fair unique? When meeting with these editors at By Diana Finch Attendance, for one. I personally the fair, I found that they were in fact had more meetings this year than serious — they really were keen to buy last, and not just scheduled ones. American fiction, from commercial he 2012 London Book Fair I think I set a personal record for to literary. Juliet Brooke, an editor at openedT on a rainy Monday April those “on the fly” meetings with Chatto & Windus, told me that she 16 at Earl’s Court in Kensington, editors I hadn’t even been certain was looking for “a kind of American where American visitors would be there. The view from the fiction that is distinctly American shivering in the unseasonable IRC, looking down at the publishing in a good way (full of character and cold marveled at news of the floor, was a mass of crowds moving style), but in a way that will travel. 90-degree temperature in New from booth to booth, talking So writers like Cormac McCarthy York and sweltering Boston. animatedly. As scout Beniamino and equivalents work because of their Agents and publishers arrived Ambrosi of Maria B. Campbell distinction from anything you’d get at the fair with fresh news of continued on page 11 page 11 the pitch spring 2012 continued from page 10

change and disruption on their opinion piece in The Bookseller that the European publishers minds: Google’s announcement addressing how agents “ignore who did attend seemed ready to that it would discontinue the reality,” which ran, as Pamela buy, whereas the Asian contacts, Google e-books reseller program Malpas of Harold Ober observed, including the guest country of the for independent bookstores, and on the cusp of several days of fair, China, were more diffident. the Department of Justice antitrust meetings between publishers and An experienced fairgoer noted settlement on e-book pricing. agents, and in the face of visible that one sometimes learns more During the fair, the front-page growth of literary agents in France. from senior publishing executives New York Times story (reprinted in As meetings got underway, about the true state of the markets, the International Herald Tribune) the subdued state of the European rather than from the editors who on Educational Development economy was felt by all. The may not be authorized to discuss Corporation, the Oklahoma French market, where the retail such things and are at the fair publisher no longer selling its titles situation has tightened up, seems specifically to pursue submissions. on Amazon, was much discussed. to be facing serious shortfalls for Yet publishing is a global And there was a unanimous feeling the first time and a number of business and Brazil, Turkey, and among agents that the oddest note usually regular Spanish visitors even Indonesia were participating was struck by Antoine Gallimard was absent altogether, as were the with enthusiasm, demonstrating in his divisive “United We Stand” Greeks. However some noticed the liveliness we’ve all seen in continued on page 12 page 12 the pitch spring 2012

continued from page 11 their markets recently. Poland only receptions were held by the this year’s winner of the AAR/ looked strong and the Baltics, East Chinese, at which formal speeches London Book Fair lottery of Europeans and Germans were were followed by pre-selected a free trip to the fair and table all reporting measured activity. questioners, and all attendees were in the Rights Centre, remarked We were saddened to note presented with silver bookmarks that he was most impressed with the sudden passing of veteran and a specially published recent the effectiveness of personal British publisher Nick Webb history of the Communist Party meetings, with the energy and shortly before the fair, and glad of China, printed for the fair in 20 preparation that subagents to see a full tribute article in the different languages. The Chinese bring when the primary agent is Times of London the following exhibit filled what seemed to be a working alongside them at the Friday. UK editors were out in third of the floor, with a noticeably fair, and meeting with publishers force and seemed more enthusiastic different décor of light, bright in their territories. Valuable than in the past about American colors bathed in warm yellow insights into different markets authors, casting a wider net in a lighting. An informed observer are gained through discussion, more enterprising mood. Malpas commented at the close of the and there do seem to be deals felt that they were still in a wait- fair that governmental officials that would not happen without and-see mode with e-books, and guests made up a good having had the opportunity to although others heard of new part of the Chinese delegation, discuss a book in person. For initiatives taking shape. Everyone perhaps equaling the number him, the fair was a reminder that noticed that there is a willingness of publishers, with all staying being connected to others is what to negotiate e-book royalties, on in London afterwards for makes our whole business work. and that escalations of different arranged tours on what for many kinds are being discussed. was their first visit to the UK. Stephanie Abou of Foundry The Digital Zone occupied Media noted that without a a far corner of Earl’s Court, and COMMITTEE small handful of “big books” on included exhibitors of all types, REPORT: offer, there was less emphasis on from e-reader manufacturers rushed reads and bidding at the to software purveyors to digital CONTRACTS fair, and more time for in-depth distributors. With stands featuring discussion of publishing trends blank white walls and often cryptic The Contracts Committee and concerns. Malpas commented brand names and logos, the area recently sent out an updated that publishers seemed to be was a sharp contrast to the busy version of its Deal Memo, looking for something different, – even cluttered – publishers’ something they'd never seen before, stands with colorful rows of book with several changes and were responding to quality jackets and author photos. The reflecting new issues to watch more than in recent years. Chris Amazon stand at one end of the out for when dealing with Lotts of The Lotts Agency noted Zone was emblazoned with the publishers (such as a request requests for YA thrillers, and was slogan “Independent Publishing: for multimedia rights and pleased to see fantasy on the rise. Your Words, Your Way” and the territory concerns). The With China as the featured logos for Kindle Direct Publishing Committee is also working country, the Chinese delegation and Createspace dwarfed the was numerous, thronging the plaza Amazon name. Rather than on an alert regarding new in front of Earl’s Court early on publishers or agents, it was authors publishing ventures; an alert Monday morning before the doors seeking to self-publish whom regarding non-disclosure opened, many dressed in egalitarian Amazon was pitching – their agreements; and a checklist to black pants and jackets rather than black giveaway tote did not even use when dealing with e-book in suits and ties. In addition to the include the name "Amazon" distributors and publishers. public forums and presentations, alongside the indy slogan. a number of smaller invitation- Jeff Gerecke of the G Agency, page 13 the pitch spring 2012

Morning Coffee she describes modestly as “organic,” and met many writers through her with Gloria Loomis marriage to Bob Loomis and their wide circle of friends. She has now By Ellen Geiger been married for many years to the eminent screenwriter Walter Bern- stein. t’s a bright spring Monday morn- She credits her ability to grow the Iing as I am ushered into a spacious agency to referrals, saying that one living room on Central Park West by a happy client recommending another petite and agile woman with a friendly is the best way. She doesn’t believe in with this we also saw, beginning in the smile. With modern, colorful rugs agency agreements, yet has kept many 1980s, the gradual power shift from and furniture, and windows looking clients since the beginning of her editorial to marketing.” out at the greenery below, this is now career. One of the hallmarks of good One of the things Loomis is most the office of Gloria Loomis. After agenting, she says, has not changed proud of is that several of her former years in Murray Hill, she has made the since the beginning: “I treat every cli- assistants have blossomed as agents smart move to her home office. ent the same way. There is no hier- on their own - Nicole Aragi, Kather- She indicates shelves of books archy of clients at this agency. I work ine Fausset, and Beth Vesel. She sees of her many clients, and shows me equally hard for all of them.” mentoring as one of the most impor- an ingenious new addition to her Showing no signs of slow- tant activities agents can do to per- conference room – a wall of files, fax ing down, Loomis now represents petuate and strengthen the industry. machine, and copier custom built and some of the bright lights of the new In 2009 she brought in Julia Masnik, entirely concealable behind an attrac- generation: Ta-Nehisi Coates, Ben who in addition to helping manage tive façade at a moment’s notice. Ehrenreich, Victor LaValle, and Mat the agency is building her own list of The Watkins Agency, which Johnson. And, keeping pace with the young writers. When I asked Masnik ultimately became Watkins/Loo- advent of the e-book revolution, she (perhaps a bit too cynically) why a mis, had been in business since 1908, has just arranged for the publication young woman like herself would get making it one of the oldest continu- of two original e-books of Walter into publishing at such a difficult time ously operated literary agencies in the Mosley’s. she said, “Everyone has such little faith country. Loomis joined the agency as Of the changes in the industry, in our generation. I just love good an assistant in 1975, became a partner, Loomis takes the long view: “The writing, and am passionate about it.” and eventually bought out Armitage business was changing even back in Both Loomis and Masnik spoke Watkins in 1980. the 1980s. The era of the ‘gentleman’s of the smaller houses that take risks Today Loomis represents a wide handshake’ way of doing business was and are willing to cultivate young range of top-tier writers. She says coming to a close, and along with that, authors, notably Akashic Books and she is partial to political journalism, people of color and powerful women Melville House. art, literary fiction, memoir, history, were bringing new voices and energy On the accidents of the business cultural criticism, and biography to the mix.” that can sometimes make a best- and represents such authors as Alma Counter-intuitively, one of the seller, she remembers having worked, Guillermoprieto, Paul LaFarge, Bill things that she feels contributed to uncharacteristically, on a tell-all book McKibben, Walter Mosley, Roger changing the business was the advent about Elvis Presley, “Elvis: What Rosenblatt, Anna Deavere Smith, and of the huge advance. “Writers started Happened?” by Steve Dunleavy, a Cornel West, among many others. to get advances of a million or more, New York Post reporter, and three of With a foot also in the literary past, which then had to be earned out. This Presley’s former bodyguards. The first Loomis today still handles some of the led to a relentless focus on creating book to discuss Presley’s addiction to great estates Watkins once represented bestsellers, rather than cultivating a prescription drugs, it was published on – Edith Wharton, Josephine Tey, and large array of works filling different August 1, the weekend before Presley's Dorothy L. Sayers among them. literary niches, and to the develop- death in 1977. The book went on to She got into the business in a way ment of the author as a ‘brand.' And sell more than a million copies. page 14 the pitch spring 2012

New Members Michelle Brower began her Lisa Grubka joined Foundry career in publishing in 2004 while Literary + Media in 2008 after Bridget Smith studying for her Master’s degree in six years at William Morris. She Dunham Literary, Inc. English Literature at NYU. During represents both fiction (literary, YA, www.dunhamlit.com that time, she assisted agents Wendy historical, and upmarket women's) Sherman and Joelle Delbourgo, and nonfiction (narrative, food, Bridget Smith joined Dunham and found herself in love with the science, and pop culture). Lisa Literary, Inc. in June 2011, after process of discovering new writers has worked with a broad variety of graduating from Brown University and helping existing writers further authors, from debut novelists to Food the previous year. She currently assists their careers. After graduating, Network stars, and has represented Jennie Dunham with her clients and she became an agent with Wendy several New York Times bestsellers. handles all permissions. She is slowly Sherman Associates, and there began She takes a very hands-on approach building her own list, looking especially representing books in many different in working with her authors, and is for middle grade and young adult, areas of fiction and nonfiction. In a thorough editor, ensuring the best fantasy and science fiction, women’s 2009, she joined Folio Literary possible proposal or manuscript. fiction, and narrative nonfiction Management, where she is looking for She began her career at Farrar, that teaches her something new. literary fiction, thrillers, high-quality Straus and Giroux and is a graduate commercial fiction that transcends of the University of Michigan. Kerry Sparks genre, and narrative nonfiction. Her Levine Greenberg Literary Agency list includes the authors S.G. Browne, Lucy Carson www.levinegreenberg.com Tara Conklin, Cassie Alexander, and The Friedrich Agency Rebecca Rasmussen among others. www.friedrichagency.com Kerry Sparks became an associate agent at Levine Greenberg in 2008. Amy Wagner Lucy Carson joined The Friedrich She is currently building a children’s Abrams Artists Agency Agency in 2008 immediately upon list including YA, middle grade www.abramsartists.com graduating with a degree in film and picture book authors. She is from the University of Michigan. particularly looking for contemporary Amy Wagner started her career in Following her first year as an assistant, YA, quirky middle grade, and books the industry by covering books, plays, she sold a humorous collection of with a strong cinematic element, and screenplays for Barbra Streisand’s essays to Soft Skull Press and then and enjoys working with both debut company, Barwood Films. She spent directed her attention to launching authors as well as seasoned veterans. eight years at the boutique literary YA debut authors, most recently Some of her authors include Jenny agency Rosenstone/Wender before Anna Banks and Jessica Khoury. She Torres Sanchez, Kristina Springer, moving over to Abrams Artists Agency is currently building a list focused Jenny Lundquist, and Mark Pett. in 2007, where she works on a team on YA fiction and commercial She is also the co-author of the that includes novelists, playwrights, adult fiction, as well as handling upcoming book “Hello, My Name screenwriters and television writers the foreign and film rights for The is Pabst: How to Find the Perfect such as David Mamet, Tracy Letts, Friedrich Agency’s full roster. Nonconformist Baby Name for Indie, Pearl Cleage, Brooke McEldowney, Geeky, DIY, Hipster and Alterna- Dacre Stoker, and Ian Holt. Amy is Coleen O’Shea Parents of Every Kind,” forthcoming always on the lookout for commercial Allen O’Shea Agency from Random House in October of fiction and sci-fi/fantasy that lends www.allenoshealiteraryagency.com 2012. She is an avid film connoisseur, itself to film and television. She frequent traveler and super fan of is a graduate of the School of Coleen O’Shea is a partner in Powell’s Books in Portland, Oregon. Visual Arts in New York City. the Allen O’Shea Literary Agency, which she co-founded with fellow Michelle Brower Lisa Grubka publishing executive Marilyn Folio Literary Management Foundry Literary + Media Allen in 2004. Before becoming www.foliolit.com www.foundrymedia.com an agent, Coleen held a variety of continued on page 15 page 15 the pitch spring 2012 continued from page 14 editorial publishing jobs at Harcourt Jonny Bowden, author of “Living Pauline Hsia Brace Jovanovich/Jove, Avon, Low Carb” and Dr. Matthew Doris S. Michaels Literary Agency Dell, and Bantam Books, where Edlund and Stacey Antine of www.dsmagency.com she was executive editor. Coleen HealthBarn USA. She also works focuses on core nonfiction – self- with lifestyle and special interest Pauline Hsia is the agent assistant improvement, health, nutrition, diet, experts Marina Marchese and at Doris S. Michaels Literary Agency. cooking, narrative, memoir – and Kim Flottum, authors of “Honey,” The agency’s clients include bestseller select fiction. Among her clients and Sal Gilbertie author of “Herb Jeffrey Fox, author of “How to are Ann Louise Gittleman, author Gardening From the Ground Up.” Become CEO,” Jason Kelly, novelist of “The Fat Flush Plan,” many In addition, she represents select Sarah McCoy, author of “The Baker’s award-winning cookbook authors fiction authors including Bill Evans, Daughter,” and many others. Her including John Barricelli, author ABC weatherman and New York work includes communicating with of “The Sono Baking Company Times bestselling author of weather authors and editors, evaluating Cookbook,” Michele Stuart, author disaster novels and nonfiction books manuscripts, managing the website, of “Perfect Pies,” Marina Delio, for children. With her partner at and assisting with various projects. author of “The Yummy Mummy her literary agency, Coleen co- Previously, she covered local news Kitchen Cookbook,” and celebrity wrote “The Complete Idiot’s Guide at the Queens Ledger newspaper crafter Stephen Brown of Glitterville. to Book Proposals and Query as an intern. She graduated from com. She represents many health Letters,” and writes a monthly Binghamton University with a and wellness authors including column for The Writer magazine. degree in English and Psychology.

When All Else Fails By Gail Hochman

I have often thought we should do a line of AAR T-shirts or caps, or refrigerator magnets. But what would the slogan be for these items? At a recent group lunch of agent friends, we came up with these oft-heard lines, uttered by authors, editors, or agents. We invite you to submit lines of your own, so that if indeed this product line ever materializes, we would have a good body of quotes to choose from: • “I have enough stories for a collection.” • “I would revise but only when you find me an editor and when I have a publisher.” • “My wife is my manager.” • “My friends all hate the jacket.” • “Well, it HAS been two weeks…” • “Oh you just sold your novel? Great! When is the movie coming out?” • “This is the hardest letter I have ever had to write...” • “If it was easy, they wouldn’t need us.” (Spoken by an agent) • “My agent can beat up your agent.” • “Well, I know you are so busy and you are about to: --get married this weekend; --go off on maternity leave; --have your son's Bar Mitzvah; --take care of your grandfather’s funeral... --(fill in the blank) ...but I wondered if you could take a quick look at my first 200 pages and tell me if I am on the right track...” • “All it takes is one ‘yes.’” page 16 the pitch spring 2012

Profile of a Small thinking (including pop psychology, gender studies; and classic works in science, and philosophy); atheist/ Black Studies and Women’s Studies. Press: Prometheus humanist books (where they are Prometheus’s science fiction and considered a global leader); and fantasy imprint Pyr was launched in Books history with some kind of twist. 2005, and has proven very successful Watershed titles for Prometheus for the publisher. Editorial director By Ginger Clark include “God: The Failed Hypothesis” Lou Anders won the Hugo Award by Victor J. Stenger, which was their for “Best Professional Editor, Long firstNew York Times bestseller; “The Form,” and has been nominated amed after the Greek God who Blade Itself ” by Joe Abercrombie, multiple times. Pyr has published Ngave fire to humanity, Prometheus which is the sales leader for Pyr science fiction and fantasy writers Joe Books is an independent press based and one of their first major fantasy Abercrombie, Ian McDonald, Michael in Amherst, New York. The press has titles; “Distracted: The Erosion of Moorcock, Justina Robson, Clay published over 2,000 books since it Attention and the Coming Dark and Susan Griffith, Joel Shepherd, was founded in 1969 by Paul Kurtz, Age” by Maggie Jackson; “Why I James Barclay, Kay Kenyon, Chris averaging 110 titles a year over several Am Not a Muslim” by IbnWarraq, Roberson, Sean Williams, Robert imprints. Jonathan Kurtz, Paul’s son, which they reissued after 9/11 due Silverberg, and Mike Resnick. is the president and oversees all the to strong demand for books about “The Blade Itself ” represented “a imprints. They currently distribute Islam; and “What Makes Your Brain turning point in which our initial focus their own books domestically and Happy and Why You Should Do on science fiction evolved to embrace use several distributors abroad. the Opposite” by David DiSalvo. more fantasy, and all the subgenres The main imprint, Prometheus As for what Prometheus is that follow that course,” mentions Books, is headed by editor-in-chief looking for right now, Maxick says Maxick, who cites steampunk as a Steven Mitchell. The nonfiction “we are always looking for good, subgenre that has become a major list covers everything from women’s solid, popular science.” She also notes part of the Pyr list. Pyr’s titles have health to Islamic studies, true crime, that YA genre fiction, a market they been nominated for all major science philosophy, math, and biography. But have just entered in the past year, fiction and fantasy awards, and is their core four topics over the years has been a growth field for them. considered one of the best independent have focused on popular science ( Jill In 1998 Prometheus launched presses in the that particular field. Maxick, vice president of marketing Humanity Books (for which Steven Prometheus receives about 3,000 and director of publicity says this Mitchell is also the main acquisitions submissions across their imprints is their “most popular category, editor), a scholarly imprint presenting every year from agents, and they encompassing everything from cutting-edge research in philosophy, expect that to increase with the launch physics, math, and astronomy to the sociology, history, the histories of of Seventh Street Books, their new intersection of science and religion both science and philosophy, and mystery and thriller imprint, later this and science biography”); critical political science; race, ethnicity and year. Seventh Street will be headed by editorial director Dan Mayer, who was most recently the mystery buyer for Barnes & Noble. Maxick notes that “we are following the same acquisitions philosophy as Pyr. We are not limiting ourselves to pre-identified genres or subgenres, we’re just looking for quality and engaging writing.” Forthcoming titles of note from the house include “The Murder of Cleopatra” by Pat Brown from Prometheus Books and “Reaper” by K. D. McEntire from Pyr. page 17 the pitch spring 2012

Does “In book Form” Include e-books? A Legal rematch By Ken Norwick/AAR General Counsel

robably for as long as there have beenP author/publisher contracts, the crucial provision has been the author’s grant to the publisher of “the exclusive right to print, publish and sell the work in book form.” And, until the last decade or so, part of that motion, limited pre-trial and in March 2002 the federal court there has not been much controversy discovery, including depositions, was of appeals in New York affi rmed the as to what that language meant. conducted. Th en, numerous affi davits, lower court’s denial of the requested But, beginning in 2001, with the including from many agents, and preliminary injunction. In doing commercial advent of e-books, that extensive legal briefs, were submitted so, however, the appellate court said language has been the object of to the federal district judge presiding that further legal proceedings were intense legal battles and posturing. over the case, who then heard oral necessary before any fi nal ruling Th e latest legal round began just a argument. (AAR assisted in providing could be made. As that court put it, few months ago, and is now in its affi davits and, together with the [D]etermining whether the earliest pre-trial stages. Th e outcome Authors Guild, fi led a friend-of-the- licenses here in issue extend to of that case could directly aff ect court brief supporting the authors.) e-books depends on fact-fi nding the rights and incomes of countless In July 2001, the judge regarding, inter alia, the “evolving” authors and their literary agents. denied Random House’s motion, technical processes and uses of In 2000 and 2001, the concluding that it was unlikely to an e-book…and the reasonable representatives of authors including prevail on its claims. After closely expectations of the contracting William Styron, Kurt Vonnegut, and analyzing the underlying contracts parties “cognizant of the customs, Robert B. Parker, granted to Rosetta in their entirety, the judge wrote: practices, usages and terminology Books, an e-book publisher, the Not only does the language of as generally understood in the… right to publish e-book versions of the contract itself lead almost trade or business” at the time of several of their best-known and most ineluctably to the conclusion that contracting…Without the benefi t successful books. Random House, Random House does not own of the full record to be developed the publisher of the print editions the right to publish the works over the course of the litigation, of those books, contended that as e-books, but also a reasonable we cannot say the district court the “in book form” language in the person “cognizant of the customs, abused its discretion in the underlying contracts granted those practices, usages and terminology preliminary way it resolved these rights to it, and it sued Rosetta for as generally understood in the mixed questions of law and fact. copyright infringement. (Publishing particular trade or business” … Th e case was then settled without contracts in the last few decades have would conclude that the grant any further legal rulings. Th us, while avoided this issue by including specifi c language does not include Rosetta and the authors won that grants of e-book and related rights.) e-books. “To print, publish and legal challenge, at least preliminarily, At the outset of the case, Random sell the work in book form” is no defi nitive legal precedent was set, House moved for a preliminary understood in the publishing allowing publishers to continue to injunction to stop Rosetta’s industry to be a “limited” grant. claim that “in book form” included e-publication of those books. As Random House appealed that ruling, e-book rights and allowing authors continued on page 18 page 18 the pitch spring 2012 continued from page 17 and agents to claim the opposite. the Agreement (in paragraph Which brings us to December 1) grants to HarperCollins, 2011, when HarperCollins sued Open for the term of copyright, the Road, an e-book publisher, in what exclusive English-language (in several ways) is a direct rematch rights in the United States, its of the earlier Rosetta case. Not only territories and possessions, and are the issues essentially identical, but Canada to publish “Julie of the the lawyers for HarperCollins were Wolves” “in book form.” This also the lawyers for Random House grant is itself encompassing and the lawyers for Open Road were of the right to publish the also the lawyers for Rosetta in the Work as an e-book. . . . 2001 case. (In both the Rosetta case The suit claims that Open Road’s and the Open Road case, the plaintiff e-publication of the book in 2011 publishers only sued the e-publisher infringed HarperCollins’ rights defendants and did not, although as the owner of the exclusive they could have, sue the authors (copyright) right to publish the Up and Coming [or author estates] of the books in book in electronic form. The suit question as well. Presumably this also states that HarperCollins Editors was because the publishers wanted continues to sell the book in both to avoid the potential public and hardcover and paperback formats. By Matt McGowan and Adam Schear personal backlash from suing some In its answer to HarperCollins’ of their most profitable authors.) complaint, Open Road asserts, Maya Ziv The author in the latest case in part, that “[HarperCollins’s] Associate Editor is Jean Craighead George, who claims are barred, in whole or in HarperCollins died last month. As stated in part, because [it] does not own the HarperCollins’ complaint, she applicable copyright in ‘Julie of the An Upper West Side native and is the author of more than eighty Wolves’” and that “[Open Road’s] Prospect Heights resident, Maya knew books for children and young activities with respect to ‘Julie of the she wanted to work in publishing from adults. Her novel “Julie of the Wolves’ were expressly authorized the day her aunt, Jane Rosenman, an Wolves” was published in 1972 by a valid, written agreement editor at Scribner at the time, took her by HarperCollins, through its with Ms. George, who retained to “Take Your Daughter to Work Day.” predecessor-in-interest Harper e-book publication rights under Maya began her career as an & Row, Publishers, Inc. “Julie of the [1971 publishing] Contract.” intern at Brandt & Hochman her the Wolves” won the Newbury And so, the parties’ conflicting senior year at Oberlin College and Medal in 1973 for the most positions are clearly stated, and returned after graduating. After a distinguished contribution to – unless settled or otherwise year and a half on the agent side, literature for children and was a disposed of without a ruling on the she moved over into editorial at nominee in the Children’s Book merits – the case seems poised to HarperCollins. Recent books on the category in the 1973 National lead to a definitive ruling on the Harper list include a coming-of- Book Awards. The Work was underlying issue. But that probably age debut novel, “An Uncommon also named one of the best won’t happen for many months, if Education,” by Elizabeth Percer, and children’s books of the past 100 not longer, at the trial court level recent books from HarperPerennial years by Amazon.com and the alone, and possibly a year or more and HarperPaperbacks are Louise Children’s Literature Society. thereafter at the appellate level. The Doughty’s “Whatever You Love” The publishing contract was AAR will closely follow the progress (shortlisted for the Costa Award dated July 1, 1971. The essence of the case, and will likely add its and longlisted for the Orange of HarperCollins’ claim is the voice on the side of the author at Prize), and “Everything We Ever following excerpt from its suit: the appropriate time, as it did in Wanted,” the adult novel from Among other rights conveyed, the Rosetta case a decade earlier. Sara Shepard, bestselling YA continued on page 19 page 19 the pitch spring 2012 continued from page 18 author of the “Pretty Little Liar” exploratory aspect to them, that History of Duels,” which Milkweed series and “The Lying Game.” investigate hidden histories, or that acquired. Steve then interned with Maya loves reading YA for reflect an original, quirky or interesting Graywolf Press. As luck would have fun, so is always on the lookout synthesis – especially writing that it, partway through his internship for any potential crossover titles, fuses the familiar and the strange, or Graywolf began looking for a new and is also looking for literary that makes us consider the familiar in editorial assistant, and it was a great fit fiction with commercial appeal a new way.” She is looking to acquire for both parties. At the time, Benjamin with a focus on women’s fiction; works of narrative nonfiction, cultural Percy was then in the final stages of psychological suspense; and narrative history, literary fiction, memoir, and revising his novel “The Wilding,” nonfiction, including memoir. popular culture. In our 140-character- and Steve was able to provide some In addition to reading (and count culture, she is also intrigued suggestions to help Ben balance thinking about all the books she by anything that might be difficult the novel’s concurrent plotlines. wants to read for fun), running and to classify. She enjoys the marriage Since then, he has worked closely trying new restaurants in Brooklyn of pictures and prose in all forms, with Graywolf publisher Fiona are Maya’s other main activities. from illuminated books of hours to McCrae. A few of the books he’s children’s book illustration to Adrian worked on include Alan Heathcock’s Johanna Li Tomine and Jaime Hernandez. “Volt,” Shann Ray’s “American Associate Editor A Queens resident and “flaneur Masculine,” and Carmen Bugan’s Simon & Schuster at heart,” she enjoys exploring all “Burying the Typewriter.” He’s recently corners of the city, watching “talky taken on Susan Steinberg’s “Spectacle,” A native of Long Island and graduate foreign movies,” and spending a story collection that explores gender of Brown University, Johanna began time in secondhand bookshops. and identity in the wake of loss – a her career after landing an internship pair of stories about a woman losing at Farrar, Straus & Giroux (from Steve Woodward a friend in a plane explosion modeled which she had coincidentally received Assistant Editor on the Lockerbie bombing serve as a rejection letter for her one and only Graywolf Press the collection’s focal point. He’s also submission, a piece of “Nancy Drew acquired Justin Hocking’s “The Great fan fiction” penned when she was While an MFA student in fiction at Floodgates of the Wonderworld,” nine). She moved on to a year-long the University of Michigan, Steve a memoir about surfing in Far internship at Simon & Schuster, attended many readings at the now- Rockaway, obsession with “Moby rotating through several departments, defunct indie bookstore Shaman Dick,” skateboarding, and addiction, before landing a position in the S&S Drum. Two particularly impressive infused with the punk rock DIY spirit. editorial department, where she is now writers who came through town, He’s looking for contemporary an associate editor working with senior Benjamin Percy and Salvatore Scibona, literary fiction by authors with a editor Bob Bender on a wide-ranging were Graywolf Press authors. So distinct narrative voice, and is easily list of serious nonfiction titles. Some when, after graduation, he found seduced by authors who marry a authors she has had the pleasure of himself less than enthusiastic about bold style with a compelling story, working with include Ben & Jerry, the undergraduate composition such as Kevin Barry’s novel “City Peter Biskind, Benson Bobrick, classes he was teaching, he thought he of Bohane.” He’s also interested in Benoit Denizet-Lewis, David and might like to work for a small press. memoir that is unconventional and Julie Eisenhower, Reeve Lindbergh, Steve moved back to the Twin edgy, and isn’t straightforward in terms Jerry Stiller, and Barry Strauss. Cities, where he’d grown up, and of chronology and narrative structure. Recent favorite reads include took several editorial internships. He Some of his favorite authors include books by Alain de Botton, Rebecca interned first with Milkweed Editions, David Mitchell, Jennifer Egan, Denis Solnit, Andrea Barrett, Haruki where he deepened his addiction to the Johnson, Lydia Davis, and Dan Chaon. Murakami, and Kathleen Norris thrill of discovering new authors while Recent books that he loved include (though she thinks “The Leopard” scouring literary magazines. One of Adam Johnson’s “The Orphan Master’s may be her favorite novel). She his finds was Michael Garriga, whose Son,” Teju Cole’s “Open City,” and Ben most enjoys books “that have an slippery fictions developed into “The Lerner’s “Leaving the Atocha Station.” continued on page 20 page 20 the pitch spring 2012 continued from page 19 Christina Rodriguez Peter Clark. In her time with executive been at Plume ever since, ascending Assistant Editor editor Tracy Behar, she has worked on the ranks from editorial assistant to Little, Brown everything from parenting to memoir assistant editor, acquiring a number to nature writing to depression to the of quirky, smart, commercial books As a child, Christina often got up early history of euphemisms to navigating to complement Plume’s diverse list. to read – there were seemingly not the divide between science and Describing herself to be an enough hours in the day. So it’s not a religion, and more in between. “overachiever, rebel, nerd, jock, surprise to those who know her that She spends a good many hours eccentric, and punk rocker all rolled she became a book editor, though she commuting into Manhattan from into one,” these traits reflect and wouldn’t have guessed it herself while Long Island, where she lives with inform her diverse literary sensibilities. writing her undergraduate thesis on her husband and Mollie, their aging She’s keen on acquiring in the areas Charles Dickens at the College of German shepherd mix (she has also of pop culture, pop sociology, humor, William and Mary (a life in academia launched an unofficial campaign to music, film, and narrative nonfiction, seemed inevitable). Christina’s first get her husband to make Mollie his particularly anything that sheds light job after attending college and the K-9 unit). When she’s not reading, on interesting subcultures, examines NYU Summer Publishing Institute editing, or languishing on the LIRR, new trends, or shares a fresh or unusual was as the project coordinator for the she spends a lot of time with her perspective. Kate is also interested Association of American Publishers bright green Kitchenaid mixer, making in acquiring upmarket commercial – which she refers to as “publishing- treats to fatten up her colleagues. fiction, especially anything offbeat adjacent,” and which afforded her and eccentric, but with characters the opportunity to meet many smart Kate Napolitano that stick with readers long after and talented people in the publishing Assistant Editor they close the book. Her recent industry (and the chance to once Plume Books acquisitions include “Why Does hobnob with LL Cool J). From there, Batman Carry Shark Repellent?” she moved to Little, Brown, where Kate Napolitano started her career by Brian Cronin, a collection of she is now an assistant editor. in publishing before she even had a comic book trivia for both the casual Christina is drawn to nonfiction degree in hand. As a college senior comic fan and uber-geeks alike; “100 with strong narrative elements, and facing one of the most dismal job Diagrams That Changed the World,” history that pulls readers in with a markets in recent memory, she an illuminating review of the most particular focus or setting, and then was determined to break into her significant drawings, illustrations, surprises them with a rich social and field of choice. Kate had previously and sketches that influenced history; cultural context. She is also looking interned at Rutgers University Press “I’m Not Drunk, I Just Like You” by for smart women’s issues, health and and at Viking Books, where she was Alida Nugent, a series of humorous wellness, biography and memoir, edgy granted the opportunity to work as essays about the twentysomething investigative reporting, and other the temporary assistant to editor experience based on the author’s fun and lively nonfiction. As a first- Pamela Dorman. She described her popular Tumblr; and “The Little generation American, she has a soft internship at Viking as a “brilliant Book of Heartbreak,” a pop-reference spot for stories related to emigration crash course in the ins and outs of guide to lost love with wisdom culled and finding one’s place in the world, publishing,” which solidified her from literature, history, science, and and as an NYPD officer/veteran’s interest in becoming an editor. When music. She loves the creative freedom wife, stories about the military and she was offered a job as the assistant that working at Plume affords her, police history. She recently acquired a to the editor in chief at Plume Books and credits her bosses/mentors narrative history about a plane crash in April 2009, Kate immediately Becky Cole, Denise Roy, and Phil during WWII, and she has had the jumped at the chance. With the help Budnick, for helping her to become pleasure of working with a range of of her very encouraging professors a discerning and insightful editor. authors, including Herman Wouk, at The College of New Jersey, she A native of the Jersey Shore, Andrew Weil, Lyanda Lynn Haupt, rearranged her finals schedule so Kate is an ardent defender of Mark Hyman, Joel Fuhrman, Donna she could make the transition from her home state. When she’s not Britt, William Poundstone, and Roy student to editorial assistant. Kate has reading or editing, she can be found continued on page 21 page 21 the pitch spring 2012 continued from page 20 running along the Hudson River, from literary to commercial, historical to reflect these changes, so that you watching cult movies from the to contemporary, and especially continue to receive AAR mail! 80s and 90s, volunteering, cycling, strong voice-driven fiction. She is Secondly, you can download MP3 or making mix tapes (because also looking for nonfiction: narrative, audiofiles and handouts from any they just sound better than digital pop history, cultural history, and essay AAR program you may have missed, music does, plain and simple). collections. Upcoming titles include or simply want to hear again. While “The Confidant” by Hélène Grémillon, the AAR toolboxes and evening Julie Miesionczek a critically-acclaimed French novel programs are extremely valuable, we Associate Editor translated by Alison Anderson about know that some members live out Viking a woman in 1975 Paris who learns, of town and that it’s impossible to from weekly letters sent to her by a attend every meeting. That's why After taking a few creative writing stranger, of a WWII love story and a we keep a Program Library of audio courses her senior year at The desperate plot for revenge that may recordings and handouts. You can George Washington University, Julie have a direct bearing upon her own download the files and listen to or thought that she might want to be a life, and “Inside Rehab” by bestselling view them on your own time. writer. By the time she finished her medical writer Anne Fletcher, a close The third reason to log on is to Masters degree at the University of examination of the state of addiction read the AARdvark Digital Book Blog. Chicago, she realized that it wasn’t treatment in the US and a guide to AARdvark is an online forum by the writing she loved – it’s editing and finding quality care. When she isn’t AAR Digital Rights Committee on working with writers. Julie started reading, Julie is teaching her adorable aspects of and issues surrounding her career in publishing in 2006 as blue parrotlet, Georgie, to talk, and the emerging digital publishing an editorial assistant at Random trying to convince whoever will listen marketplace from the agent's and House, first at Doubleday Broadway, that everyone needs a parrotlet. author's viewpoint. This is a vital then at the Crown Publishing resource to help keep agents up to date Group. In 2008, she joined Pamela with news from the publishing world. Dorman at her eponymous imprint Are You Utilizing The fourth reason? Find past at Viking as an assistant editor. alerts and past newsletters. The AAR Sometimes introduced at Penguin the AAR Website for website homepage contains links launches as “the Pam and Julie show,” to every alert the AAR sends to its the two worked closely on many of the All It Has to Offer? members. From Contract Committee imprint’s titles including “22 Britannia alerts to a glossary of e-book providers Road” by Amanda Hodgkinson, By Jody Klein and more, this catalogue is valuable for “Saving CeeCee Honeycutt” by Beth any agent. The homepage also contains Hoffman, and “The Solitude of Prime a link to downloadable versions of Numbers” by Paolo Giordano. Julie he AAR website receives 300- every AAR newsletter since 1993. played a major editorial role in “The 500T visits from the public each day, And last but not least: Pay Blind Contessa’s New Machine” by around 12,000 a year. However your dues quickly and easily (if Carey Wallace, “Deep Down True,” we've noticed that not a lot of you have not already done so)! and the upcoming “The Shortest Way member agents are using it. Here Your dues underwrite our work Home” by Juliette Fay, “Alice Bliss” by are five good reasons to do so: and our broadening programs, Laura Harrington, “The Last Letter First, public visitors to the site alerts, newsletters, and more. We from Your Lover” and the upcoming are able to view your agent profile. appreciate your ongoing support and “Me Before You” by Jojo Moyes, and Take advantage of this traffic by participation and consider prompt the upcoming “The Age of Desire” personalizing your profile. Tell visitors payment of dues a qualification for by Jennie Fields, among others. the types of manuscripts you do (and ongoing membership. Please do Now an associate editor at Viking, don’t) accept. Specify how you prefer pay your dues now, since we plan to Julie is seeking projects for the Viking, to receive submissions. If you have terminate membership of those who Penguin Books, and Plume lists. Her changed agencies, or if your agency have not paid 2012 dues by July 2012. main focus and first love is fiction, has moved, please update your profile If the above reasons are not continued on page 22 page 22 the pitch spring 2012 continued from page 21 convincing enough, here are some monthly statistics about AAR website traffic. Per month, we average over 7,000 unique visitors, 43% of which are new. Over 3,200 visits are on mobile devices. An average of 4.4 pages are looked at per visit, but only 57% of visitors go beyond the home page, which means the other visitors view over 7 pages per visit. 30% of unique visitors find the site using a search engine. 73% of these visitors go beyond the home page. In contrast, only about half the visitors who enter by typing in the site address, or are referred from another site, manage to progress beyond the home page. Next to Google, QueryTracker is the most prolific referring agent.

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The Brave New at Samuel French, Inc. Each has taken multi-media materials, which would the lead at their respective companies then become a different kind of book. World of E-Play in terms of e-plays and we talked Ken pointed out that Samuel about what to fear, what not to fear, French plays are not traditionally Publishing and what people may not know about found at Barnes & Noble bookstores the backstage world of e-plays. around the country; those sales outlets By Beth Blickers I started by asking what fears have been the territory of the trade agents could toss out the window. publisher. He suggested that one way Ken brought up the fact that major to resolve conflict around a particular fter many years of following the book publishers have spent years title would perhaps be that they could AAR’sA conversations about e-books working out a lot of the growing agree not to sell it via platforms such and then becoming an avid e-book pains for us. He wished we could as Amazon or Apple, but could fulfill consumer myself in the last few eliminate security concerns from an e-play sale directly to the consumer months, I’ve found myself facing the the conversation. As he says, “these from the Samuel French website. electronic age for plays head-on. are not your mom’s PDFs.” The That is an interesting idea to keep And I froze. security that is embedded in these in mind, since at this time it seems Downloading the latest files has been thought about for to fall squarely in the domain of the bestseller, I understood. Being major bestselling books and, as such, agent to resolve conflicts in rights annoyed when e-books cost more e-play publishers are benefiting from agreements between an acting edition than $9.99, I understood (drat that that expertise. Would it be possible and a trade edition. It’s a conflict that Amazon for training my brain to learn how to hack a Kindle and is probably limited to a fairly small about the cost of an e-book). get a free copy of someone else’s number of better-known playwrights. But when I was on the other side downloaded play? Possibly. But Ken Time will tell what resolutions to of the table looking at contracts and Michael agree that it would be the dilemma are working best. and riders for the electronic rights so difficult to learn how to share One of the biggest surprises of our to my clients’ plays, I didn’t know these files that, as Michael said, “you talk was my learning that the two what to do. One of the goals that might as well just buy the book.” companies are taking very different any agent has when facing a contract Michael raised the big question approaches to the distribution of the is how to protect against problems of the moment: whether the e-acting e-plays. Ken explained that Samuel that might arise down the road. If edition will stop a trade publisher French initially launched with Apple it’s a production contract, that’s a from putting out a trade edition if and its iTunes platform and, this fall, snap. We know the pitfalls and have they can’t have the exclusive e-rights. plans to expand their titles to the spent years crafting agreements He explained that, historically, trade Kindle and Nook. They are doing to address them. But what are the publishers are used to acquiring some experimentation of a direct- pitfalls of electronic publishing? the exclusive publication rights and to-consumer model as well, although What future problems should we have, therefore, always been slightly foresee and head off at the pass? annoyed by the existence of acting For a while, it seemed easier to editions. Over the years, they have do nothing and watch where the herd made their peace with the idea of wildebeests ran. But then my fear that the customer base for plays is of looking like the aging wildebeest different. That blurs a little in the trailing behind the pack kicked in digital world. Although DPS is not and I decided that where personal reaching out to trade publishers knowledge ended, good relationships on this topic, Michael has tried to kicked in and I reached out to emphasize that DPS’s exclusivity is Michael Fellmeth, the vice president for the play itself – the acting edition of Publications and IT at Dramatists only – and the trade publisher can do Play Service, and Ken Dingledine, the a so-called enhanced e-edition that director of Publications & Operations might include audio, video, photos, or continued on page 24 page 24 the pitch spring 2012 continued from page 23 that is further down the road. expensive transition process that DPS is distributing e-plays plays have to go through to become exclusively via their website using e-ready, and both houses had many Adobe Digital Rights Management hundreds of plays that had never (DRM) software, which is the same seen a computer. This means that encryption technique used by Amazon plays had to be retyped, then re- and B&N. It is integrated with typeset, then re-proofread and then their website for sales and the only converted into the electronic formats other way the plays will be available required by different platforms will be via the Scene Partner phone distributing the plays. And the work app. If you aren’t familiar with that doesn’t end there. New platforms app, it is a rehearsal tool that gives with their own digital needs will be the actor line cues so that they can created and the plays will have to be get off book. Samuel French is in prepared to meet those requirements. discussions with them as well. Michael The existing avenues for sales will announced that they plan to make continue to update their platforms their e-plays available starting in June. requiring the entire catalogue to be AAR Weighs in on What this means in terms of updated technically each time. Both payment to authors is that DPS Ken and Michael agreed that the The Department of has eliminated the middleman and end costs may actually be higher are only charged an off-the-top when dealing with e-plays and each Justice Antitrust Suit transaction fee by Adobe to use its share a big laugh over the difficulty DRM software. This allows DPS of typesetting simultaneous to pay 40% of the book sale to the dialogue in still-rudimentary e-text In May, AAR Board president authors. Its e-plays will be available programs that never considered GailI Hochman and the entire on many devices but because of such a thing. It is important to Board of Directors wrote to the Amazon’s encryption requirements (it remember that Amazon made Department of Justice opposing doesn’t work with Adobe DRM), they money from $9.99 products because the settlement of the antitrust suit will not be available for the Kindle. the books were a loss leader for brought by the DOJ against Apple Samuel French will be paying 25% to the Kindle, but play publishers and five publishers. Details are authors, but will have a larger, broader have no such hardware to sell. below and we encourage you all to avenue of sales. Will one provide a Whatever happens in the years to express your views on the settlement greater benefit to an author? That’s come, it is clear that Michael and Ken and urge your clients to do as well. unclear but Ken is willing to hazard share a passion for the theater and for the guess that “it will wind up a draw.” getting plays into the hands of readers Dear AAR members, I’ve heard a fair amount of around the country. While those of us I am writing to advise you that the discussion about how much time in large cities take script accessibility AAR Board has unanimously voted and money publishers save in for granted, that is not as true for a to send the attached letter (pasted transitioning from huge storerooms of vast portion of the country. They are below) to the U.S. Department of hard copies to digital downloads, but both excited that this brave new world Justice in opposition to the pending both Michael and Ken vehemently might lead to more plays being read settlement with three publishers in disagree with this assessment. and, from there, go on to be produced. connection with the antitrust lawsuit I’m not particularly tech-savvy And at the end of the day, whether that the Department recently filed (despite coming from a family full it is a battered and dog-eared acting against Apple and five publishers. of engineers and IT gurus), but edition with scribbled blocking or That letter was sent today. The here’s what I followed from their a tablet and stylus, we all have the case will continue against Apple explanation of what it has taken same goal: to share the stories our and two of the publishers, Penguin to launch these new programs: writers create, with an audience that and Macmillan, who declined to There is a time-consuming and is as wide and inclusive as possible. settle on the proposed terms. continued on page 25 page 25 the pitch spring 2012 continued from page 24 The AAR Board and I believe that the The AAR's letter to the DOJ: Amazon was not healthy competition lawsuit, and the proposed settlement, – it was a practice of selling our clients’ present issues that are of critical May 8, 2012 work at a loss in order to make it importance to our (and our clients') John R. Read impossible for other businesses to industry and individual livelihoods. Chief, Litigation III Section enter the e-book marketplace in a way The DOJ must read and report to the United States Department of Justice that made financial sense for them. judge who must ultimately approve 450 5th St NW This artificially low pricing unfairly the settlement each communication Suite 4000 threatened the world of publishing it receives commenting on the Washington DC 20530 and bookselling and would ultimately proposed settlement. For that reason, have a devastating effect on the in addition to the AAR's letter we Dear Mr. Read, choices available to book consumers. urge all AAR members to express their views on the settlement to I write to you as the President of When Apple launched the iPad and the DOJ and we hope you will the AAR, the largest organization offered to sell books at the “agency also urge your clients to do the of literary and dramatic agents in model” terms it was already using same. Your note might address the United States, and on behalf for other media sales, our members whether you feel the settlement of the unanimous AAR Board breathed a sigh of relief. This would will foster competition and well- of Directors. Our more than four create a fair playing field for Barnes being in the literary marketplace, or hundred seventy-five members & Noble, Apple and others to the opposite. There is a time limit represent writers who number in the develop devices and join the e-book for such communications, so your tens of thousands. We want you to marketplace. Consumers would be messages should be sent as promptly know in the strongest terms possible able to buy their books at various as possible. (The address is on the that we firmly oppose the proposed retailers or e-booksellers; the threat AAR's letter.) We believe it is settlement between the Justice of a monopoly was diminished. We tremendously important that we all Department and three publishers cheered this development despite be heard on this most significant with respect to e-book pricing. the fact that, as you no doubt know, issue. We believe the more letters under the agency model publishers from publishing professionals Readers, writers and the general were taking in less money per that are received, the better the public benefit when there is a healthy copy sold – and therefore we and chance of affecting the judge's final competitive literary marketplace. Two our clients were getting less in decision. (A link to the proposed and a half years ago Amazon, with royalties and commissions. But we settlement is also pasted below.) its proprietary Kindle devices and believe this sacrifice was in the best The AAR is also arranging an open its willingness to discount e-book interests of the book landscape and forum at which we will discuss “bestsellers” to a level at which it therefore our clients long-term. the various elements of the suit sustained a significant loss on each and the proposed settlement for copy sold, threatened the entire The proposed settlement would those who would like to hear more marketplace for books. Amazon’s allow for a resumption of predatory about it and join the discussion. practice of targeting the very titles that discounting of our clients’ most Details to be announced. drive profitability of our entire industry important and profitable works – and pricing them several dollars the new ‘frontlist’ and bestselling Yours, below cost was clearly leading to the titles – and undermines the growth Gail Hochman demise of the independent bookstore, of a competitive marketplace for President, AAR hastened the loss of Borders, and books. It seems to us outrageous that threatened the existence of Barnes & the Department of Justice would Noble, the one remaining large chain choose to interfere in a functioning The link to the settlement: store that sells books. This was not marketplace where consumers can healthy for competition or for authors choose from a broad array of titles http://www.justice.gov/atr/ or indeed for consumers in the long- with huge differential in prices and cases/applebooks.html term. The steep discounting from formats – with a very unclear picture continued on page 26 page 26 the pitch spring 2012 continued from page 25 of whether or not ‘agency pricing’ did indeed raise e-book prices on anything but a select number of titles COMMITTEE REPORT: Royalties that had been targeted for underselling by Amazon. We do not want to The Royalties Committee has had a lively few months return to an environment in which discussing a wide variety of issues, including improved royalty our clients’ intellectual property is statements, Author Portals and ACH payments. After the irrationally priced in order to stifle recent debut of both S&S and Random House author/agent innovation and harm consumer choice. portals, the Committee is now investigating whether other

Of course we have no way of knowing houses will follow. The latest news is that Viking Penguin if there was collusion among the will soon be making statements viewable electronically, and publishers and Apple. But this will offer the choice to make payments via direct deposit. The proposed settlement damages our Committee will continue to pursue the issues of electronic clients and the industry in a way royalty statements and direct electronic payment with other that goes beyond any appropriate houses; while Random House and Perseus have implemented remedy for any possible misconduct. We urge you to reject the proposed ACH payments, with Viking Penguin now to follow, other settlement and allow the market houses issue on request only, and some not at all. One house to return to one that protects the mentioned that ACH payments should be stipulated in the value of our clients’ intellectual contract. property from unfair and predatory We hope the vastly improved statements of S&S and discounting. This will protect and soon-to-come Random House will be a model for others. The encourage broader competition among all booksellers, will allow Committee continues to talk to publishers large and small the consumer the protection of a about improving their statements, and yes, that includes range of choices in format, price, and Amazon. retailer, and will encourage digital In December, Mike Shatzkin visited the Committee to innovation in the burgeoning field discuss the logistics of how e-books are distributed, and more of e-book publishing and retailing. specifically to speak about the mechanics and degree of accuracy

of e-book sales reporting. One particularly enlightening piece Respectfully, of information is that a program is currently being developed Gail Hochman, by Bowker, which should successfully report on e-book sales President, AAR figures, probably before Bookscan accomplishes anything comparable. Mike pointed out the strong value of the 'agency The AAR Board of Directors: model,' the only route to date to allow for competition in e-book Brian Defiore publishing. Facing an open future in regard to the various Mitchell S. Waters Anne Edelstein new and burgeoning e-publishers, the key for the present will Beth Blickers be making short-term contracts. Sarah Lazin The Committee will continue to discuss royalty reporting Jim Rutman of “remaindered” books, which is being redefined by publishers Jodi Reamer (some of whom no longer remainder) and also the related topic Liza Dawson of disposing of excess stock through “hurt book” dealers. Ellen Geiger Dorian Karchmar The Royalties Committee will be meeting soon with Jan Barbara Hogenson Constantine of the Authors Guild and Bob Weitrak of Bookish. Anne Reingold page 27 the pitch spring 2012

ASSOCIATION OF AUTHORS’ REPRESENTATIVES, INC. BOARD OF DIRECTORS – 2011-2012

Gail Hochman, President Anne Edelstein (’12 end of second term) Brandt & Hochman Literary Agents Anne Edelstein Literary Agency, LLC 1501 Broadway, Suite 2310 20 West 22nd Street, #1603 New York, NY 10036 New York, NY 10010 Tel (212) 840-5760/Fax (212) 840-5776 (212) 414-4923/Fax (212)414-2930 [email protected] [email protected] President Liaison: Royalties Committee

Brian DeFiore (’13 end of second term) Mitchell S. Waters (’13 end of second term) DeFiore and Company Curtis Brown, Ltd. 47 East 19th St Ten Astor Place New York, NY 10003 New York, NY 10003 (212) 925-7744/fax (212) 925-7744 (212) 473-5400 [email protected] [email protected] Liaison: Digital Rights Committee Liaison: Membership Committee

Beth Blickers (’12 end of first term) Sarah Lazin (’12 end of second term) Abrams Artists Agency Sarah Lazin Books 275 Seventh Avenue, 26th Floor 126 Fifth Avenue, Suite 300 New York, NY 10001 New York, NY 10011 (646) 461-9322/Fax (646) 486-2358 (212) 989-5757/Fax (212) 989-1353 [email protected] [email protected] Liaison: Dramatic Committee Liaison: Newsletter Committee

Jim Rutman Jodi Reamer (’12 end of second term) (Ira Silverberg, ‘12 end of second term) Writers House, LLC Sterling Lord Literistic 21 West 26th Street 65 Bleecker Street, 12th Floor New York, NY 10010 New York, NY 10012 (212) 685-2405 (212) 780-6050 [email protected] [email protected] Liaison: Contracts Committee Liaison: Program Committee Ellen Geiger (’12 end of first term) Liza Dawson (’13 end of second term) Frances Goldin Literary Agency Liza Dawson Associates 57 East 11th Street, 5B 350 Seventh Avenue, Ste. 2003 New York, NY 10003 New York, NY 10001 212-777-0047 (212) 465-9071/Fax (973) 743-9021 [email protected] [email protected] Liaison: Website Committee Liaison: International Committee Barbara Hogenson (’13 end of first term) Dorian Karchmar (’13 end of second term) Barbara Hogenson Agency William Morris Endeavor Entertainment 165 West End Avenue, Suite 19-C 1325 Avenue of the Americas, 16th Floor New York, NY 10023 New York, NY 10019 (212) 874-8084/Fax (212) 362-3011 (212) 903-1137/Fax: (212) 632-1265 [email protected] [email protected] Jody Klein (Administrative Sec’y) Anne Reingold (’13 end of first term) Brandt & Hochman Literary Agents, Inc. The Marton Agency, Inc. 1501 Broadway, Suite 2310 One Union Square West, Suite 815 New York, NY 10036 New York, NY 10003 (212) 840-5770/ Fax (212) 840-5776 (212) 255-1908/ Fax (212) 691-9069 [email protected]; [email protected] [email protected] Elliot H. Brown, Esq. (Attorney-Dramatic) Ken Norwick, Esq. (Attorney-Literary) Franklin Weinrib Rudell Vassallo Norwick , Schad & Goering 488 Madison Ave. 110 E. 59th St., 29th fl. New York, NY 10022 New York, NY 10022 (212) 935-5500 (212) 751-4440/ Fax (212) 604-9997 [email protected] [email protected]

Jeff Gerecke (OFF THE BOARD POSITION) Treasurer G Agency LLC P.O. Box 374 Bronx, NY 10471 [email protected]