the pitch fall 2015

The Newsletter for the Association of Authors' Representatives

CONTENTS Letter from the President The annual AAR cocktail a publisher for that elusive 1. Letter from the President party at the Century Association but wonderful manuscript – is club in September was a terrific managing the personal side of our 2. Committee Report: Digital success. We had strong attendance, client relationships. and there was a great feeling We all know that clients come in 3. WESTERN AGENT EXPLORES of goodwill, collaboration, and all sizes and styles: the Wheedlers, INDIAN LITERARY FESTIVAL friendship among the attendees. who won’t accept that they can’t UPCOMING AAR PROGRAMS It was especially fitting that we get more money just because they honored Jeff Wilson, the head want it, or a big promotion effort 5. PUBLISHER-NEUTRAL of the contracts department at because the book “deserves” it; the WEBSITES CREATE MORE OPPORTUNITIES FOR Simon & Schuster, for his great Talkers, who seem full of anxiety ENGAGEMENT colleagueship, sensitivity to agents’ and must discuss every angle of Committee Report: Royalties needs, kindness in negotiations, and every issue for two hours when a general professionalism. Many AAR simple rundown would do – you 9. APPEALS COURT REDEFINES members met Jeff for the first time must manage to excuse yourself WHEN INTERNS MUST BE PAID at the party, and it was a rewarding from the phone or you might arrive experience both for him and for us at a Passover seder an hour-and- 10. Committee Report: on a personal and professional level. a-half late; the Self-Taught, who INTERNATIONAL This all brought home to me know your job better than you the fact that publishing is really a do, who know exactly what you or 11. New Members business about people. Although the publisher should be doing at we constantly talk about numbers every turn; the Defiant, who know 13. CONTRIBUTORS – copies sold, royalty rates, e-book that none of the existing rules or shares, discounts, dollars earned – conventions relate to them, and 14. AAR CANON OF ETHICS the heart and soul of our business won’t listen to a tempered answer; is people: idiosyncratic, individual and the Passive-Aggressive, who 16. Board of Directors personalities whose opinions and admit that it is Christmastime, but actions propel things forward. The by the way did we manage to take authors of our books are creative a look at the manuscript that he people; the editors who manage delivered on December 23rd? These our publications are people whom anecdotes would make for endlessly we hope will make more inspired amusing dinner-party conversation, decisions; the bookstore owners and except for the fact that these clerks are people who can hand- stories are so painfully true. We are sell and relay their enthusiasm; the constantly reminded that we are readers throughout the world are in a service business, albeit one in people with a range of interests, which our knowledge and honed who create word of mouth and taste are our greatest assets. make personal decisions on when to It is not easy to blend the art of buy a book and what books to buy. the work with the commerce of the One of the biggest challenges work. The financial rewards rarely we face – almost as big as finding jive with the reviews, and this is continued on page 2 page 2 the pitch fall 2015 continued from page 1 not easy for clients to absorb. Our inescapable purgatory of “midlist.” writers put themselves on the line Most of us, agents and editors, every day and approach us – their have become quite slow in our closest partners in the publishing responses. Demands on our reading process – with their weaknesses. time are at an all-time high, and no The more years of experience I one has invented that 28-hour clock. have, the more empathy I have to And even if we loved all the books deal with the naïveté, ambition, on our reading pile this weekend, and dreams of my clients, as we live we simply cannot take them all up, through rejections together. We or arrange for each of them to be a discuss why a book has not been lead book at a major publisher. snapped up by a brilliant editor. The traditional process has When I have bad news to deliver, I changed for most writers. Forget try to be direct. tours, forget print advertising; and But the big issue these days most books won’t even show up on is how to manage outsized the shelves of many bookstores. We expectations. How do we manage are often the bearer of this news, to relay the truth and still support and have to persuade our clients to the clients with strength and take on much of what they will say (reasonable) optimism? used to be the publisher’s job – get Not all manuscripts will be sold, powerful blurbs, publish essays, build the man on the street that he can in this difficult market. Period. a website, engage in social media. find a lot of interesting stuff to read Even books that the very powerful Clearly our job is to get the best by Googling actively, and much agent may adore. There are simply results for our clients, but we of this stuff is absolutely free… not unlimited slots on publishers’ must maintain an honorable and and that the largest book retailers lists and there seem to be limitless trustworthy reputation with editors aggressively advertise their low, low projects in circulation. We rejoice and publishing houses. We may prices, as if to tell the consumer when we manage to place a book balk, for example, when a client that books should cost very little. that has been read by 20 houses, who has been treated very well by a Remember, currently our biggest even if it means a low- or no- loyal editor asks us to secretly shop challenge is to keep the value of our advance contract. And sometimes around a new project they cooked intellectual property high. Perhaps we have to broach the subject up together, to make sure he gets our client is only interested in the that perhaps the writer’s best bet the best price. success of his own book – but the might be to move on to a brand- We are constantly battling the larger forces have created a situation new project, put this one aside fact that the Internet is teaching which will continue increasingly to for now. A weak publication is not going to help that writer in future submissions – those low numbers COMMITTEE REPORT: DIGITAL will trail him for a long time. The advances are often down, The digital committee, now known as the 'digital innovations as the buying public is simply not committee,' will continue to focus on what it has been doing buying in big numbers, and the successfully: meeting with and assessing new publishing ventures author’s next book’s prospects and reporting innovative businesses of value to the membership, are based on the previous book’s usually in the form of programs (like the recent panel of numbers. And no, we usually subscription-model publishing ventures.) Upcoming will be cannot get a contractual promise of toolboxes with digital original publishers and a “best practices” promotion and publicity for the next book. It is tough to comfort authors panel on the various forms of social media. who feel themselves locked in that continued on page 3 affect us all as time goes on. own hands. And I feel we will moments, when success seems We must spread the word: we all be stronger if we are allied, not elusive, when positive news seems need to support the marketplace. primarily adversarial, with the so hard to achieve. I do have faith We need to buy other writers’ traditional publishers who take on in the future of this business and I books, blog about them, tweet our clients’ properties. still encourage young people to go about them, support our colleagues’ Our clients may secretly believe into publishing. I think there will work, and then hopefully they will that their own manuscripts are always be readers. And Lord knows, support ours. We need to help our immune to the market forces of there will always be writers. clients take some of the business doom and gloom, but we continue of spreading the word into their to help them through their darker – Gail Hochman

WESTERN AGENT SAVE THE DATE FOR UPCOMING EXPLORES AAR PROGRAMS INDIAN LITERARY TUESDAY, NOVEMBER 17TH | 5:45–7:00 PM FESTIVAL Data Systems to Make Your Agency Smarter, Faster, BY ZOË PAGNAMENTA and More Organized. With E3 The Rights Manager, Agents Expert Data System, BAITS, EVER SINCE my brother Robin, LAMP, and Bradbury Phillips. At the Society of Illustrators, 128 a journalist, and my sister-in-law, East 63rd Street (between Park and Lexington Avenues). Jessica Woollard, a fellow literary agent, moved to India from London a few years ago, I had been thinking of going to the Jaipur Literature event, very much a celebration of hard to choose which of the 300 Festival. As it turned out, three Indian writing and writers, but with authors to go and see. Gokhale of my writers were invited to a number of visiting writers invited puts together the Indian list, and participate in this year’s JLF, so this from other parts of the world. The Dalrymple most of the foreigners. January, after a week visiting my directors of the festival are Namita Used to events in the United States brother and family in Mumbai and Gokhale and William Dalrymple, and United Kingdom, I found it escaping the New York winter, the and the festival is now in its tenth very interesting and educational to three of us took a flight to Jaipur year. Sanjoy Roy, who now organizes see not just the South Asian writers and the festival. various other literary festivals around I’d not heard of before, but also to Self-described as “the world’s South Asia, produces it. The festival identify the leading lights in Indian largest free literary festival,” JLF had almost a quarter of a million culture and media who were often takes place in late January every visitors this year, though when it moderating discussions between year, in Jaipur, the capital of began back in 2005 there were authors. Speakers, particularly Rajasthan, in the northwestern part apparently fewer than 20 people! those who have been flown in from of India. The weather is pleasant I was very impressed by how outside of India, are required to do during the day, but scarves and intelligently the program was at least three to four events, two shawls sell well at the artisan craft curated – there were events of which are typically participating stalls around the event tents, as it happening almost every hour from in on-stage panels. A third might can get quite chilly in the desert 10 AM to 6 PM in six sponsored be moderating a discussion, and city in the evenings. tents, from the Rajnigandha Front a final one might focus on one’s The festival runs for five days, from Lawns and the Google Mughal own work or an interview on a Wednesday to a Sunday, and the Tent, to the British Airways Baithak stage, rarely including a reading, schedule is packed. It’s really a terrific and the Ford Samvad. It was really however. I found this refreshing, page 4 the pitch fall 2015

continued from page 3 the courtly arts of Rajasthan; and Eccles of Anne Louise Fisher even sessions on Nordic noir, and Associates was at the festival this comics. year. There were a handful of UK There is a lively scene for and European editors, including “delegates” – authors, publishing some, like Ravi Mirchandani (from folks, and press – in sponsored Picador) and Ian Jack (formerly of food-and-drink tents in one of the Granta), who come every year, and corners of the Diggi Palace gardens. one or two agents. But visitors like The Authors' Lounge – to which me were definitely in the minority, they would retreat between events which is as it should be. There was – was sponsored by Glenlivet, and a large contingent of press, too, appropriately only served whiskey, including the books editor of The tea, and cookies. Rajasthan is a dry Guardian, and several members as the event wasn’t presented as an state and I was told that on years of the Financial Times’ Asia team, opportunity for publishers to hawk where the literature festival falls on congregating over chai. their authors’ new books. Instead, days of a religious festival, a drink The books tent was chaotic the JLF was more about literature can be hard to find. and largely taken over this year as a whole, and more focused on There were receptions in the by the launch of Amazon India, presenting readers with ideas and evenings at Hotel Clarks Amer, which were trying to sell Kindle lively debate through on-stage slightly on the edge of town, devices, so book signings weren’t conversations. accompanying some incredible in your face, if they were there at The events are fantastically musical performances. An excellent all. Penguin Random House India wide-ranging and the authors music festival runs alongside the had a tent where they were selling are brilliantly drawn from areas literary festival, giving the whole various Penguin merchandise – as diverse as children’s books, few days even more of a feeling of including orange-and-white mugs – biography, science, politics, art cultural and regional celebration. and handing out free galley proofs. history, classics, memoir, poetry, One night, we went to hear an In his introduction to the chunky, historical fiction, and narrative extraordinary Sufi wandering 250-page program to the festival, nonfiction, to name just a few. This bard called Sain Zahoor Ahmad, a co-director William Dalrymple year, Nobel laureate V. S. Naipaul leading musician from Pakistan now pointed out that Time Out last year was in attendance, celebrating the in his late 70s, who performed a described JLF as “the Woodstock, 50th anniversary of the publication style of Islamic poetic music which Live8 and Ibiza of world literature, of “A House for Mr. Biswas.” There is very unpopular with the Taliban. with an ambience that can best be were huge crowds for the former The general atmosphere at the described as James Joyce meets president of India, Dr. A. P. J. Jaipur Literature Festival is very Monsoon Wedding.” Abdul Kalam. There were events democratic and inclusive, with The Jaipur Literature Festival featuring Charles Glass, Scott lots of young students, a schedule is indeed a feast, and I would Anderson, and Kai Bird discussing which appeals to all ages, many definitely go back. The clients I the CIA; Finbarr Barry Flood locals as well as visitors from all over represent who were participating and Tom Holland speaking on the the country, plus a few foreigners. in the festival enjoyed it immensely end of antiquity and the rise of It didn't feel too publishing-y; and not least because they working monotheism; Jung Chang, Ma Jian, the festival felt similar in vibe to together to talk about books to and Anchee Min on the theme of the Edinburgh Book Festival or giant audiences of avid readers. cultural revolutions; Paul Theroux, Brooklyn Book Festival. It was And I have to mention the chai at Samanth Subramanian, and others great to meet some Indian editors the back of the Rajnigandha Front on travel writing; Lauren Child on and agents: Chiki Sarkar, who runs Lawns tent, as it was sweet, spicy, the “Clarice Bean” and “Charlie and Penguin Random House India, and oh so good. Lola” series; Indian art historian B. hosted a dinner for PRH authors on N. Goswamy on a panel discussing the Thursday night, and Catherine page 5 the pitch fall 2015

genres, such as romance and PUBLISHER-NEUTRAL WEBSITES sci-fi/fantasy. Panelists Rachel CREATE MORE OPPORTUNITIES Fershleiser of Tumblr, Ashleigh Gardner of Wattpad, Emily FOR ENGAGEMENT Hughes of Suvudu Universe, and By Anne Edelstein Heather Waters of Macmillan and Heroes and Heartbreakers Two AAR-sponsored panels in a range of new methods to presented a range of ways in which at BEA drew much attention – promote authors, including authors can form platforms. from agents and non-agents alike. developing apps, launching Rachel Fershleiser, who works The first, Word-of-Mouth websites, and building algorithms. in publisher outreach at Tumblr Gone Digital!: Building New And perhaps as significantly, (she was previously community Online Communities of Readers, the panel discussed ways in manager at Bookish, and director of moderated by AAR Board Member which author “discoverability” is public programs at Housing Works Ginger Clark, presented ways increasing as a result of efforts by Bookstore Café, where she now in which publishers have been “publisher-neutral” communities, serves on the board of directors; experimenting with and investing often organized around specific is the co-creator of the “Six-Word Memoir” series, including the New York Times best-selling “Not Quite What I Was Planning” (Harper, COMMITTEE REPORT: ROYALTIES 2008); and is also known for her soup zine Stock Tips and her TEDx Members of the Royalties Committee are continuing to work talk Why I <3 the Bookternet), was with HarperCollins on their new online portal which went both passionate and encouraging live in April. After the first ACH notifications were received, about potential ways to create we gave feedback to the director of royalties. Going forward, exposure for authors. The Harper’s ACH notifications will include the title of the book emphasis, she said, is on finding the for which the payment is being made. We met with Macmillan “small community” that shares a to discuss improvements to their royalty statements, and to particular interest, and then talking inquire about payments by ACH deposit and about plans to about that common interest, rather make statements available online through a portal. We sent than “Who do you know? Or who an alert to members notifying them that ACH deposits are do we know in common?” Even if available for advances and royalty payments from Macmillan. you have no social media presence Let us know if you need the link to Macmillan’s direct deposit at all, she said, you can go on Tumblr and set up a profile. enrollment form. Tumblr has a number of The Committee continues to press Amazon for better reporting communities, which can veer for both A Pub and KDP and has had several meetings to toward literary fiction, hipster advance the cause. fiction, and works of feminism. Fershleiser emphasized that We met with Scholastic to discuss their statements and Tumblr is not a “mono-culture,” payment procedures as well. We identified the kinds of and certainly not only a visual additional information agents would find useful on royalty medium. But, she said, there are statements and on check stubs and e-mail notifications for areas of interest that typically don’t turn up on Tumblr. agents enrolled in ACH direct deposit. They are in the process “I would love every author to of developing an online portal. You should see improvements be on Tumblr,” she said, but she on Scholastic statements and ACH notifications shortly. acknowledged that, realistically, a book on military history is less likely continued on page 6 page 6 the pitch fall 2015 continued from page 5 beyond Wattpad.” She said that while Suvudu Emily Hughes, an editor for may have begun as “slightly more Suvudu Universe, the fantasy and Random House-specific, they’ve science fiction website based at grown to include all equally.” Penguin Random House, said that Waters agreed: “It’s all about to be topical than a work of fantasy. they reach 150,000 to 200,000 exposure; letting readers discover is When it comes to thinking about monthly users and that most users more of the goal than direct sales.” book promotion, Fershleiser said of this publisher-neutral community But sales certainly evolve from that entries are by no means limited are between the ages of 18 and 34. the community exposure. to those made by the author, but Heather Waters is also involved “It’s a chance for a debut author are often made by the publisher, in a publisher-neutral website, to talk in a way that he can connect publicist, and, of course, by readers HeroesandHeartbreakers.com, with his community,” Hughes of other books. Social media and which she helped to launch at said. “Wow, I know nothing about building a platform, she stresses, is Macmillan in 2011. Since then, this guy, but I’m going out to buy a long game. As for how to best play under Waters’ management, the his book!” she said, describing that, she advised that all authors website has grown to be one of a particularly successful match have a website, but to spend their the top online romance-genre found on Suvudu. Waters agreed time reaching out to readers on the communities. that Heroes and Heartbreakers platforms currently available. In answer to the question of why is a place for conversation among Ashleigh Gardner is head of Random House and Macmillan bloggers, some of whom bring the content for Wattpad, a global social began these websites, both Waters conversation to other social media platform for authors and readers and Hughes agreed the intent is like Tumblr. to connect and share stories. She to draw readers into a particular All of the panelists agreed on the has spent her career working genre. In order to be most effective importance of sharing a community. at the intersection of literature in reaching these communities, “It all comes back to relationships,” and technology, her experience they said it’s essential that their said Fershleiser. “People send me including working as director of purpose be “publisher-neutral.” books they think I’m going to like, content management at Kobo Inc., “If you’re an agnostic in terms and then I talk about them.” and manager of digital development of the publisher, they’ll trust you When asked whether these for Dundurn Press. Wattpad now more,” said Hughes. platforms replace the role of the has 40 million users, and is growing fast, with users typically in the age range of 18 to 30. Like Tumblr, Wattpad is about community. “It’s a huge and vibrant literary community,” said Gardner, stating that Wattpad includes YA and fan fiction. This is a place where writers can come to write, and they often contribute work chapter by chapter. “Writers are the rock stars of our platform,” she said. “It’s a place to bring readers in earlier in the process…before the book is published.” Gardner applauded Wattpad as useful for the publisher down the road, too. It is a starting place for authors who “create a lot of buzz continued on page 7 page 7 the pitch fall 2015 continued from page 6 publisher in promoting books, all & Noble Discover Great New only hardcover novel published agreed that the answer is no. Writers Award winner of 2002 by Scribner that May, allowing Hughes explained that rather with a hardcover first printing of full effort to be focused on it, and than replace, they expand upon 10,000 copies. While the author indeed was the #1 Indie Next List what the publisher is doing. “You had certainly been appreciated for pick for that month. Then came ads can have a physical book tour, and his early works, when it came to the in The New Yorker and The New also a blog tour, or a digital tour,” vast success of “All the Light We York Times Book Review, great she said. Cannot See,” “no one had expected Father’s Day sales in June, a New “You can have a physical book this,” according to Kate. A very York Times Best Book of the Year tour, and also have a successful important factor that served the distinction in November; and by Tumblr presence,” Fershleiser book throughout was its “lovable Christmas, sales had tripled. And added. author, who became a great then came the Pulitzer. As for the Waters said that all of the platforms provide a place where readers and bloggers can find these books and talk about them, “not at the exclusion of other things,” she emphasized, “but in addition.” A second panel, Making the MAKE Book: Success Stories from Publishers, featured four phenomenal bestsellers of this year – “The Girl on the Train,” “H advocate for his book.” Along with key ingredient, “it was the book that Is for Hawk,” “All the Light We this, there was abundant support made the book,” said Kate. Cannot See,” and “Little Elliot, Big from the independent bookstores, John Mark Boling, a senior City” – all by debut or previously and Barnes & Noble, who had publicist at Grove/Atlantic midlist authors who have broken championed the author since the – publisher of a list of award- out into resounding success stories. award for “The Shell Collector” and winning and best-selling writers Publicists and marketers from each continued to strongly support his that includes Sherman Alexie, of the publishers who made these work. Roxane Gay, Rabih Alameddine, books happen were there to talk At Scribner, Doerr's publisher, and Will Self – handled the about their “secret formulas.” editor Nan Graham loved "All The publicity campaign for the runaway Kate Watson, editor and associate Light We Cannot See" from the bestseller “H Is for Hawk” by marketing director at Scribner start, deeming it to be "as Sophie's Helen Macdonald. Prior to working since 2005, who has worked closely Choice was to William Styron." The at Grove/Atlantic, John spent time with editor in chief Nan Graham cover went through many drafts at Continuum, The Overlook Press, on books by Ann Packer, Abigail and possibilities before the team and Harcourt Trade Publishers. Thomas, and others, as well as on decided upon the final version, The reason for the great success her own list, which includes Megan and the booksellers responded of this “UK book about falconry Mayhew Bergman, Kristin Kimball, positively--in the way Scribner and grief,” as John describes it, Tamar Adler, and Annie Liontas, hoped they would. Scribner “starts with a great book and a great was on stage to talk about the hosted a media lunch, which author.” Not that there weren’t vast success of Anthony’s Doerr’s established great buzz, followed some doubts along the way: “Was it “All the Light We Cannot See.” by more buzz by booksellers too English? Is falconry too niche? Kate first encountered Anthony when Doerr attended Winter Is the format too unconventional?” Doerr in 2004 when she was a Institute, after which Scribner What they did know from the bookseller in Ketchum, Idaho, printed 750 additional galleys. The start, however, was that “this is a when she was selling his first book book gained great momentum smart and beautiful writer.” Grove “The Shell Collector,” the Barnes on Shelf Awareness. It was the made some minimal changes to continued on page 8 the already beautiful UK jacket Mike Curato and published in Major Character,” and The New (published in the UK in July 2014). August 2014. Allison has designed York Times also reviewed the book But then more changes came, as and implemented strategic publicity glowingly. To keep the momentum they kept on adding medallions to campaigns for best-selling authors, going, Macmillan sent Mike Curato the cover, even before publication titles, and series, including “The on the road again in the spring. in March 2015. First there was Lunar Chronicles” by Marissa Finally, perhaps the biggest the Samuel Johnson Prize, the Meyer, “The Grisha Trilogy” "make book" of the year was "The UK’s most prestigious award for by Leigh Bardugo, “From the Girl on the Train." It was presented nonfiction. With this, and the first Notebooks of a Middle School by Jynne Dilling Martin, associate serial sale to Vogue, there was Princess” by Meg Cabot, and publisher and director of publicity pressure to publish before the “Bear Has a Story to Tell” by Philip at Riverhead Books. Martin has Christmas holiday sales, but they C. and Erin E. Stead, as well as worked with bestsellers and held out for their original March Macmillan’s Fierce Reads program. luminaries including Junot Diaz, 3rd, 2015 date. And meanwhile, Prior to joining Macmillan, she Sarah Waters, Khaled Hosseini, the book won the Costa Book of held positions at HarperCollins Meg Wolitzer, and Chang-Rae the Year distinction in the UK, Children’s Books and Penguin Lee. Martin had previously worked this prize “more populist” than the Young Readers Group. As was the at Random House, Simon & Samuel Johnson, garnering another case with the other “make books,” Schuster, and St. Martin’s Press. medallion for the cover. On “everyone fell madly in love” with Her own nonfiction has appeared in February 22nd, there was a cover the book when it was submitted, Glamour, Slate, and Food & Wine, review in The New York Time Book Allison said, and Macmillan and her poetry has been published Review, followed soon after by preempted in a three-book deal. in Granta, The Believer, and The the positively glowing and lengthy New York Review of Books; most essay in The New Yorker. By March recently she published her first 8th, the book was #8 on The New book of poetry, “We Mammals in York Times Best Seller list, another Hospitable Times.” “The Girl on achievement to add to the cover the Train,” which is at the more of the book. In March, it seemed commercial end of Riverhead’s list, that there was a contest between benefited from the start from the reviewers, “to see who could write The key pieces, Allison said, were large staff that services a relatively the most beautiful review,” said the “word of mouth,” and also small list, and from their inclination John, the proud publicist. And that the author is “a charmer.” to be both traditional and then in April, Macdonald, who had The book was a “tastemaker,” innovative in their publicity and previously been promoting her sent to librarians, with the author marketing approach. This basically paperback in the UK, arrived in sent on a “whistle stop tour,” means, "try everything!" said the US and spent ten passionate meeting booksellers and librarians Martin." Acquired from Transworld days of touring, concentrating throughout the country, all of in the UK, the words, “this could especially on visits to the whom connected with him. The be bigger than ‘Gone Girl’” echoed independent bookstores. Again, it next step was to connect with the for this book from the outset. It was a matter of a great book, and a readers, which, in this case, meant was “the read itself” that was key, great author. an audience of both kids and their “not necessarily the author,” Jynne Allison Verost, vice president of parents; for this, Macmillan set up said. The cover may have benefited publicity at Macmillan Children’s a “storytime tour” at bookstores, from Riverhead’s natural inclination Publishing Group, where she which always included cupcakes. toward the more literary, possibly manages a team of six publicists, In this spirit, there was also a very giving it a more sophisticated feel their titles ranging from board successful book launch at Books of than most commercial books. With books to YA, was proud to present Wonder. Publishers Weekly gave the the imaginative cover that looks the success of “Little Elliot, Big book a starred review, and deemed like a train window (“You’ll never City,” written and illustrated by Little Elliot to be “The Next Big look out a train window in the same page 9 the pitch fall 2015 continued from page 8 way again,” according to Jynne), and each time an ad appeared, the copies sold two months after the they created a beautiful galley, and book would immediately skyrocket, on-sale date, sales were historically got out 4,000 of them nine months according to Jynne. “20,000 people phenomenal, second only to “The ahead of publication. They’d send had the book on their ‘to-read Da Vinci Code.” a dozen galleys at a time to places shelf,’and it was still two weeks The campaigns of all four of like People magazine, and send before being out.” And with that, it these “make books” varied in part cupcakes to go along with them, went viral. with the publisher and in part the idea being, “Have a party, and Immediately it was #1 on the with the nature of the book. All enjoy!” They offered giveaways on Combined Print & E-Book list, panelists concurred that the impact Goodreads and on Shelf Awareness. where it stayed for 14 weeks, of the cover is a crucial component The book became an Indie Next an all-time record. Riverhead in expressing just how distinctive List pick, and was also taken in continued its huge advertising and the book is, because in all cases, large quantities by Target and sales campaign, and accumulated it’s in “the book” where the whole Amazon; it was reviewed by 20 celebrity fans Stephen King, Reese thing starts, and from there, as magazines and NPR. In December, Witherspoon, Jennifer Aniston, Jynne put it, “all of the pieces have ads were placed on Goodreads, and Martha Stewart. At two million to work.”

APPEALS COURT REDEFINES still no definitive yes-or-no answer to the underlying issue and that WHEN INTERNS MUST BE PAID interns will continue to press their By Ken Norwick, AAR General Counsel claims under the new test. For the guidance of the agencies Many literary agencies, that the interns are not (for legal that use unpaid interns, I will set like other businesses, engage unpaid purposes) employees and thus not forth below the new test that courts interns to work with them. Within protected by those requirements. must now use to resolve those the last few years, numerous cases Until recently, at least in the cases. Unlike with lower federal have been filed by interns claiming New York courts, there was no courts, which must apply this new that those companies violate federal clear understanding as to how the test, the new ruling is not directly and state labor laws because, they intern/employee issue should be binding on state courts, though allege, they were really “employees” addressed, with the lower courts it will likely be followed by those who must be paid at least the using different approaches and with courts if only to be consistent with applicable minimum wage, along some courts finding that the interns the federal courts. The appeals with overtime, etc. In response, were employees and others finding court first declared: the companies using the interns the opposite. – which include major media But on July 2nd, 2015, the US [T]he proper question is whether firms like Condé Nast – claimed Court of Appeals sitting in New the intern or the employer York rendered a major decision is the primary beneficiary of that set forth the new applicable the relationship. The primary legal test that should be used in the beneficiary test has two salient future to resolve the issue. Many features. First, it focuses on what commentators believe that new test the intern receives in exchange for is more favorable to the companies his work…. Second, it also accords than the tests previously used by courts the flexibility to examine the many lower courts. However, it economic reality as it exists between must be emphasized that there is the intern and the employer. continued on page 10 page 10 the pitch fall 2015 continued from page 9 Although the flexibility of the primary beneficiary test is primarily COMMITTEE REPORT: INTERNATIONAL a virtue, this virtue is not unalloyed. After a summer “break” – no meetings in July or August, To give meaning to this “primary but plenty of discussion by e-mail and even phone – the beneficiary” test, the Court International Committee held its first meeting of the fall then provided a list of seven on September 9th. Following a late April meeting in New “considerations” that should be York with representatives of the London Book Fair to share addressed. To quote the court: feedback, we continued throughout the summer to liaise with the LBF representatives about layout, registrations, In the context of unpaid scheduling, and communications for the International Rights internships, we think a non- Centre, and work on implementation of the raffle for a paid exhaustive set of considerations trip to LBF 2016 for an eligible AAR member. Along with our should include: UK counterparts in the AAA, we’ll be addressing some recent 1. The extent to which the concerns raised about fees and registration procedures for intern and the employer clearly the Frankfurt Book Fair’s Literary Agents and Scouts Centre. understand that there is no Later this month we will have our second joint meeting with expectation of compensation. Any the AAP’s International Sales Committee, to hear reports from promise of compensation, express their representatives on various territories and discuss trends or implied, suggests that the intern and changes in distribution, production, and overseas markets is an employee – and vice versa. for English-language titles. The Committee is planning an upcoming joint meeting with the Royalty Committee to 2. The extent to which the discuss shared concerns. We continue to keep up on changes internship provides training that in subagents, most notably recent new alliances in Italy and in would be similar to that which Poland. At the invitation of the Board of Directors of the AAR, would be given in an educational environment, including the we recently reviewed and discussed the PEN campaign to clinical and other hands-on address censorship in publishing in Mainland China. Finally, training provided by educational we’ll be updating the foreign tax exemption chart this fall for institutions. the AAR members-only section of the website.

3. The extent to which the internship is tied to the intern’s 6. The extent to which the intern’s Applying these considerations formal education program by work complements, rather than requires weighing and balancing all integrated coursework or the displaces, the work of paid of the circumstances. No one factor receipt of academic credit. employees while providing is dispositive and every factor need significant educational benefits to not point in the same direction for 4. The extent to which the the intern. the court to conclude that the intern internship accommodates the is not an employee entitled to the intern’s academic commitments 7. The extent to which the intern minimum wage. In addition, the by corresponding to the academic and the employer understand that factors we specify are non-exhaustive calendar. the internship is conducted without – courts may consider relevant entitlement to a paid job at the evidence beyond the specified factors 5. The extent to which the conclusion of the internship. in appropriate cases. internship’s duration is limited to the period in which the internship And then, perhaps making the And then, the court added: provides the intern with beneficial exercise even less definitive, the learning. court stated: The approach we adopt also reflects continued on page 11 page 11 the pitch fall 2015

continued from page 10 a central feature of the modern as an intern while finishing her internship – the relationship NEW MEMBERS MFA in writing at the University between the internship and the of San Francisco. She represents intern’s formal education. The Richard Curtis a wide range of nonfiction, both purpose of a bona-fide internship Richard Curtis Associates, Inc. narrative and prescriptive, and is to integrate classroom learning www.curtisagency.com enjoys pop culture and a good with practical skill development laugh just as much as sinking in a real-world setting, and, Richard Curtis is president of unlike the brakemen [in a 1947 Richard Curtis Associates, Inc., Supreme Court case involving a a leading New York literary railroad’s training program], all agency. He is a well-known of the plaintiffs [in the pending author advocate and is himself case] were enrolled in or had author of numerous works of recently completed a formal course fiction and nonfiction, including of post-secondary education. several books about the publishing By focusing on the educational industry. He has lectured aspects of the internship, our extensively and conducted panels approach better reflects the and seminars devoted to raising role of internships in today’s consciousness in the author and her teeth into a challenging big- economy than the [Department agent community about the think book. Her clients include of Labor’s] factors, which were future of communications. His Ella Frances Sanders, Torre derived from a 68-year-old interest in emerging media and DeRoche, Doug Mack, and Mari Supreme Court decision that technology has enabled him to Ruti. Elizabeth graduated from dealt with a single training course anticipate trends in publishing Hamilton College with a degree offered to prospective railroad and multimedia. Late in 1999 and in English literature. She has lived brakemen. In sum, we agree with some eight years before Amazon’s on the West Coast, the East Coast, the defendants that the proper introduction of the Kindle, and in between; and her love of question is whether the intern he founded E-Reads, the first nonfiction is driven by a passion or the employer is the primary independent e-book publisher. for travel and desire to learn as beneficiary of the relationship, and In the 15 years of its existence, it much as possible about the world we propose the above list of non- reissued in e-book format more and people around her. She tweets exhaustive factors to aid courts in than 1,200 novels by leading under @EmEvans11. answering that question. authors in science fiction and other popular genres. The company was Although every future case acquired by Open Road Media in Evan Gregory will depend on its unique facts, 2014. Richard Curtis is married to The Ethan Ellenberg it seems reasonable to conclude author Leslie Tonner, who is also a Literary Agency that the more the internship has partner in his agency. They reside www.ethanellenberg.com an “educational” nexus, the less in Manhattan. likely it will be that the interns Evan Gregory joined The Ethan will be found to be employees. Ellenberg Literary Agency in In any event, as a result of all Elizabeth Evans 2008 as an assistant, but was soon this litigation many companies Jean V. Naggar Literary Agency, Inc. promoted to associate agent and have decided to discontinue their www.jvnla.com subsidiary rights coordinator internship programs entirely, for the agency. In 2014, he while others have decided to Elizabeth Evans joined JVNLA was promoted to agent, then pay their interns. We will report in 2010; previously, she was an again to senior agent in 2015. further legal developments as agent with Kimberley Cameron In addition to his success with they occur. & Associates, where she started subsidiary rights sales on behalf continued on page 12 page 12 the pitch fall 2015 continued from page 11 of agency clients such as John experience to the profession, Scalzi, MaryJanice Davidson, and and handles everything from Lane Heymont G.A. Aiken, he has cultivated an picture books through adults The Seymour Agency eclectic list of clients in science works. LRA clients are mostly www.theseymouragency.com fiction, fantasy, young adult, by referral, and consist of both mystery, children’s and nonfiction, established authors and writers Lane Heymont joined The which includes Marko Kloos, in the earlier stages of their Seymour Agency as a literary Patty Blount, Ferrett Steinmetz, development. Although she assistant in 2012, working Thoraiya Dyer, and Travis leans towards suspense/thriller, through slush piles and leading Langley. You can find him on commercial women’s fiction, and marketing efforts. He was Twitter @EvanJGregory. comedy, Liza is open to anything promoted to junior agent that speaks to her, including in December 2014. With a historical fiction, true crime, and bachelor’s degree in psychology, Liza Fleissig memoir. On the children’s side business, and literature, Lane Liza Royce Agency, LLC of publishing, being a mother to continued his education in www.lizaroyce.com an elementary-school girl and creative writing and English, a teenage boy, she is interested attending Harvard. He is hungry Liza Fleissig, with her partner in anything that sparks a child’s for well-written science fiction Ginger Harris-Dontzin, opened imagination and gets her reading. and fantasy novels. Exceptional the Liza Royce Agency (LRA) It also bears mention that LRA world-building is a must. In in early 2011. A graduate of the handles works on all subsidiary nonfiction, he is looking for University of Pennsylvania’s levels, a good example of which unique memoirs, World War II Wharton School of Business is their movie deal with Idris journeys, and anything scientific. with a BSE in finance, and the Elba’s production company You can find him on Twitter Benjamin N. Cardozo School of for the development of Marc under @LaneHeymont. Law with a JD, Liza brings 20 Olden’s “Poe Must Die” into an years of litigation and negotiating international feature film trilogy. Lucas Hunt Orchard Literary www.orchardstrategies.com/literary

Lucas Hunt studied English and journalism at the University of Iowa, wrote for The Daily Iowan newspaper, and attended the Poetry Writers’ Workshop. He received an MFA from Southampton College, published two volumes of poetry, won a John Steinbeck Award, and founded Hunt & Light. Prior to becoming agency director at Orchard Literary, Hunt was a rights manager and agent at the Philip G. Spitzer Literary Agency. He cultivated the careers of best- selling authors Michael Connelly, James Lee Burke, Andre Dubus III, and Simon Van Booy. Hunt continued on page 13 page 13 the pitch fall 2015

continued from page 12 actively sought and closed major Group), and HarperCollins; Bank Street College of Education deals in print, audio, digital, and and events coordinator at the Best Children’s Books of the Year foreign markets. He is interested Oxford Literary Festival. She has mention, Orbis Pictus Award in literary and international taught publishing at Portland Honor, Sibert Award Honor, Ezra fiction, travel memoir, music, and State University and Oxford Jack Keats Book Award Honor, spirituality, along with creative and Brookes University, and lectures and Asian/Pacific American Award authoritative works of nonfiction. internationally on writing and for Literature Honor; and been Hunt’s writing has appeared in publishing. She is based in Portland, on The New York Times Best The New York Times, The East Oregon, and in addition to children’s Seller list. Anna is the author of Hampton Star, Fiction Writers and YA, she is looking to add food the children’s books “Shlemiel Review, Slice, and Clarion, writers to her list. Crooks” (NewSouth Books, 2005), among others. Hunt was born in which the Kaufman Music Center rural Iowa, and is the author of adapted into a family musical, and “Lives” (Vagabond Press, 2006), Anna Olswanger “Greenhorn” (NewSouth Books, “Light on the Concrete” (The Olswanger Literary LLC 2012), which became an award- North Sea Press, 2011), and “The www.olswanger.com winning independent short film. Muse Demanded Lyrics” (Pen & Anvil Press, 2016). He is also a Anna Olswanger is a native of professional live auctioneer. Memphis with a BA from Rhodes Mary South College in communication arts Lowenstein Associates Inc. and an MA from the University www.lowensteinassociates.com Fiona Kenshole of Memphis in creative writing. Transatlantic Agency She completed the Summer Mary South is an agent and foreign www.transatlanticagency.com Publishing Institute certificate rights manager at Lowenstein program at New York University, Associates Inc. She received her Fiona has been a literary agent for then worked for Liza Dawson BA in English, with honors, from two years, specializing in children’s Associates for nine years before Northwestern University and an and YA. Previously, she ran opening Olswanger Literary in MFA in fiction from Columbia acquisitions at Laika Entertainment, 2014. Although she represents a University. Previously, she has LLC, developing Academy Award- wide range of genres, she tends worked for Penguin Random nominated movies such as The to focus on illustrated books, House, The New Yorker, Google, Boxtrolls. She has 20 years of especially for children. Her clients and McGraw-Hill. She is interested publishing experience in the UK as have won the Newbery Honor, in literary fiction, narrative publishing director for children’s Flora Stieglitz Straus Award for nonfiction, memoir, and journalism. books at Oxford University Press, nonfiction, PEN/Steven Kroll You can follow her on Twitter at @ Hodder & Stoughton (Hachette Award for picture book writing, MarySouth.

contributors The Newsletter for the Association of Authors' Representatives The Pitch was put together by Noah Ballard of Curtis Brown, Ltd., Jody Kahn of Brandt & Hochman and Cynthia Cannell of The Cynthia Cannell Literary Agency. Copy-editing was provided by Rayhané Sanders of Lippincott Massie McQuilkin, and the design was done by Rachel Loeb. page 14 the pitch fall 2015

due clients promptly, but in no funds in question into a segregated AAR CANON event later than ten business days interest-bearing account pending OF ETHICS after clearance; provided, however, possible resolution of the dispute. that if funds for a client are received No later than the expiration of We think it's a good idea to more frequently than quarterly and that 90-day period, if the dispute be reminded of our mission as if those funds do not exceed a total remains unresolved and the agents, the professionalism we want of $100, then payments to clients claimants do not otherwise agree to model, and the standards we may be made quarterly, so long as with respect to the disposition of uphold as members of the AAR. when funds received exceed $100 the disputed funds, the member Each year, our members reaffirm or upon the client’s specific request, shall take such steps as may be their commitment to our canon of payment to the client shall be made necessary to deposit the funds with ethics, as follows: within ten days thereafter. a court of competent jurisdiction, with appropriate notice to the The members of the Association of Revenues from foreign rights claimants, so that the claimants will Authors’ Representatives, Inc. are over $50 shall be paid to clients have an opportunity to present to committed to the highest standard within ten business days after that court their claims to the funds. of conduct in the performance of clearance. Sums under $50 shall Upon so depositing the funds, the their professional activities. While be paid within a reasonable time member will have complied with affirming the necessity and desirability of clearance. However, on stock the member’s obligations under this of maintaining their full individuality and similar rights, statements of Canon of Ethics. and freedom of action, the members royalties and payments shall be pledge themselves to loyal service made not later than the month In addition to the compensation to their clients’ business and artistic following the member’s receipt, for agency services that is agreed needs, and will allow no conflicts of each statement and payment to upon between a member and a interest that would interfere with such cover all royalties received to the client, a member may, subject to service. They pledge their support 25th day of the previous calendar the approval of the client, pass to the Association itself and to the month. Payments for amateur along charges incurred by the principles of honorable coexistence, rights shall be made not less member on the client’s behalf, directness, and honesty in their frequently than every six months. such as copyright fees, manuscript relationships with their co-members. retyping, photocopies, copies of They undertake never to mislead, A member’s books of account books for use in the sale of other deceive, dupe, defraud, or victimize must be open to the client at all rights, long-distance calls, special their clients, other members of the times with respect to transactions messenger fees, etc. Such charges Association, the general public, or any concerning the client. shall be made only if the client has person with whom they do business as agreed to reimburse such expenses. a member of the Association. If a member receives in writing a claim to funds otherwise 1. A member shall keep each Members shall take responsible due a client, the member shall client apprised of matters measures to protect the security and immediately so advise the entrusted to the member and integrity of clients’ funds. Members client in writing. If the member shall promptly furnish such must maintain separate bank determines that the claim is information as the client may accounts for money due their clients serious, and that the funds should reasonably request. so that there is no co-mingling of not be remitted to the client clients’ and members’ funds. because of the claim, the member 2. Members shall not represent shall proceed in accordance with both buyer and seller in the Members shall deposit funds the following: same transaction. Except as received on behalf of clients provided in the next sentence, promptly upon receipt, and shall For a period not to exceed 90 a member who represents a make payment of domestic earnings days, the member may deposit the client in the grant of rights continued on page 15 page 15 the pitch fall 2015 continued from page 14 in any property owned or the client. Members may not which the writer’s work is controlled by the client may solicit or accept any payment read or evaluated may provide not accept any compensation or or other thing of value in such consultations. The AAR other payment from the acquirer connection with their referral believes that the potential for of such rights, including but not of any author to any third party abuse presented by the practice limited to so-called “packaging for any purpose, provided that of charging reading fees in fees,” it being understood that the foregoing does not apply to such circumstances is mitigated the member’s compensation, if arrangements made with a third by the fact that the agent any, shall be derived solely from party in connection with the is acting within the context the client. Notwithstanding the disposition of rights in the work of an independent writers’ foregoing, a member may accept of a client of the member. conference. Moreover, the (or participate in) a so-called concern that such participation “packaging fee” paid by an 6. Members shall treat their would reflect adversely on acquirer of television rights to a clients’ financial affairs as private our profession is outweighed property owned or controlled by and confidential, except for by the potential benefit of a client if the member: information customarily disclosed such participation to writers, a. fully discloses to the to interested parties as part of a benefit that cannot be client at the earliest practical the process of placing rights, as duplicated in another manner. time the possibility that the required by law, or, if agreed with member may be offered such the client, for other purposes. It shall not be a violation of a “packaging fee” which the this Paragraph 8 if a member member may choose to accept; 7. The AAR believes that the provides an evaluation of a b. delivers to the clients practice of literary agents nonclient’s material if: at such time a copy of the charging clients or potential a. any payment therefor Association’s statement clients for reading and evaluating is made directly to a charity regarding packaging and literary works (including qualified under Section 501(c) packaging fees; and outlines, proposals, and partial or (3) of the Internal Revenue c. offers the client at such complete manuscripts) is subject Code or to an established time the opportunity to arrange to serious abuse that reflects educational institution; for other representation in the adversely on our profession. b. the member shall transaction. For that reason, members may personally create the evaluation In no event shall the not charge clients or potential and provide it within a member accept (or participate clients for reading and evaluating reasonable time; in) both a packaging fee literary works and may not c. the member does not in and compensation from the benefit, directly or indirectly, any way benefit financially from client with respect to the from the charging for such the activity; and transaction. For transactions services by any other person d. the member conducts subject to Writers Guild of or entity. The term “charge” in the activity in an honorable way America (WGA) jurisdiction, the previous sentence includes fully consistent with the AAR the regulations of the WGA any request for payment other Canon of Ethics. shall take precedence over the than to cover the actual cost of requirements of this paragraph. returning materials. The provisions of the previous two paragraphs of this Paragraph 5. Members may not receive a Notwithstanding the foregoing, 8 do not in any way dilute the secret profit in connection with members who participate in AAR’s belief that literary agents any transaction involving a conferences or other events should not charge clients and client. If such profit is received, where writers are charged potential clients for reading and the member must promptly separately for individual evaluating literary works in the pay over the entire amount to consultations with agents in ordinary course of business. page 16 the pitch fall 2015

ASSOCIATION OF AUTHORS’ REPRESENTATIVES, INC. BOARD OF DIRECTORS – 2014-2015

Gail Hochman, President Elizabeth Harding (’17 end of first term) Gina Maccoby (’16 end of second term) Brandt & Hochman Literary Agents Curtis Brown, Ltd. Gina Maccoby Literary Agency 1501 Broadway, Suite 2310 Ten Astor Place P.O. Box 60 New York, NY 10036 New York, NY 10003 Chappaqua, NY 10514 (212) 840-5760/ Fax (212) 840-5776 (212) 473-5400 x140 (914) 238-5630 [email protected] [email protected] [email protected] President Liaison: Royalties Committee Ken Norwick, Esq. (Attorney-Literary) Cynthia Cannell (’17 end of second term) Norwick, Schad & Goering Susan Ramer (’16 end of first term) Cynthia Cannell Literary Agency 110 East 59th Street Don Congdon Associates, Inc. 54 West 40th Street New York, NY 10022 110 William Street, Suite 2202 New York, NY 10018 (212) 751-4440/ Fax (212) 604-9997 New York, NY 10038 (212) 396-9595 [email protected] (212) 645-1229 [email protected] [email protected] Liaison: Newsletter Committee Jeff Gerecke (OFF THE BOARD POSITION), Treasurer Denise Shannon (’17 end of first term) Brian DeFiore (’16 end of first term) Gina Maccoby Literary Agency Denise Shannon Literary Agency DeFiore and Company P.O. Box 60 20 West 22nd Street, Suite 1603 47 East 19th Street, Third Floor Chappaqua, NY 10514 New York, NY 10010 New York, NY 10003 (718) 664-4504 (212)-414-2911 (212) 925-7744 [email protected] [email protected] [email protected] Liaison: Digital Committee Ginger Clark (’16 end of second term) Jody Kahn (Administrative Secretary) Curtis Brown, Ltd. Brandt & Hochman Literary Agents, Inc. Anne Edelstein (’16 end of first term) Ten Astor Place 1501 Broadway, Suite 2310 Anne Edelstein Literary Agency New York, NY 10003 New York, NY 10036 404 Riverside Drive #12D (212) 473-5400 (212) 840-5770/ Fax (212) 840-5776 New York, NY 10025 [email protected] [email protected]; (212) 414-4923 Liaison: Contracts Committee [email protected] [email protected] Liaison: Program Committee Wendy Sherman (’17 end of second term) Elliot H. Brown, Esq. (Attorney-Dramatic) Wendy Sherman Associates, Inc. Franklin Weinrib Rudell Vassallo Jennifer Weltz (’17 end of second term) 27 West 24th Street, Suite 700B 488 Madison Avenue Jean V. Naggar Literary Agency, Inc. New York, NY 10010 New York, NY 10022 216 East 75th Street, Suite 1E (212) 279-9027 (212) 935-5500 New York, NY 10021 [email protected] [email protected] (212) 794-1082 Liaison: Membership Committee [email protected] Liaison: International Committee Wendy Strothman (’16 end of first term) The Strothman Agency, LLC Susanna Einstein (’17 end of first term) 63 East Ninth Street, 10X Einstein Literary Management New York, NY 10003 27 West 20th Street #1003 (617) 750-6859 New York, NY 10011 [email protected] (212) 221-8797 [email protected]