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So here's a story that's blowing up the literature blogosphere right now: it seems the powers-that-be at publishing conglomerate Simon & Schuster decided to just up and redefine the meaning of the phrase "out-of-print." It's a small contractual parsing of terminology that seems nitpicky at first, and even gives the company a very technologically righteous and forward-minded appearance; when you really get down to it, however, it looks an awful lot like a way for the publishing company to tie writers up in legal tape, which is very far from righteous.

Motoko Rich of the New York Times breaks down the old definition for you:

Traditionally, if a book falls out of print, authors are contractually allowed to ask their publishers for their rights back so that the author can try to have the book republished somewhere else.

Until recently, that has meant that if a book was not available in at least one format — hardback, trade paperback or mass market paperback being the most common — or if sales fell below a minimum annual threshold, it was deemed out of print.


Now, however, in our sophisticated world of Print-On-Demand, there doesn't really need to be a backlog of the books in a warehouse somewhere waiting to be sold -- when you run out, you can just print more. With that considered, Simon & Schuster decided to simply remove that minimum annual threshold. Thus, as long as a book can be ordered on demand, the brand will still consider it "in print."

The Authors Guild is up in arms about this development, calling for Simon & Schuster to be excluded from upcoming book auctions, and it's hard to understand why if you're not clear on what it all means, especially when the publisher's spokespeople are making it sound super-nifty.

Adam Rothberg, a spokesman for Simon & Schuster, said that the publisher was acknowledging advances in technology that made it easier for readers to order books on demand. “We’re anticipating that it’s only going to get better and that this is the best way to make our authors’ books available for consumers on a large-scale basis over the long haul,” Mr. Rothberg said.


It's a tricky matter though, this whole book-selling business, and others in the trade have some ideas of how this could all go very well for some people and very wrong for others. Authors Guild executive director Paul Aiken cites cases in the past where authors with books out of print were able to take back their rights, sell the manuscripts to another publisher, and revive their careers. Meanwhile, a literary agent explains the reality of printing-on-demand.

Agent David Black said, however, that in reality, if a book is available only through print-on-demand, “an author’s book is going to be available in dribs and drabs.”

He added: “If there is the possibility that I can take this book and place it somewhere else where somebody is going to publish it more aggressively than on a print-on-demand basis, shouldn’t I have the opportunity to do that?”


Meanwhile, Simon & Schuster's Rothberg would like to assure everyone that nothing will really change, it's just some minor little contract words that don't really mean anything, they just thought they'd mix it up a little for fun. 'Cause, you know, that's what lawyers do. Change things around to no effect.

“We’ve always been willing to have the discussions with agents and authors if there comes a time when they feel they need to have a book reverted to them and they can make a compelling case to us that it should be so,” he said.


Sounds good, pal. At least this it doesn't seem like this has started a chain reaction among other publishers. So far, spokesmen for Random House and Grand Central Publishing have come out to say that their old threshold policies will remain unchanged. I certainly hope so.

 

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brett54

brett54

Australia
November 2004

MAY 23, 2007 08:10 PM

Bastards.

adjunct

adjunct

Philadelphia, PA
July 2002

MAY 23, 2007 08:25 PM

Another of the irritating aspects is that print on demand quality is typically inferior- you don't have to be a journeyman pressman to see the difference between something printed on a big web or sheet fed offset printer versus what are essentially glorified laserjet printers, especially on really bright or colorful covers.

Meanwhile, many of the domestic print on demand providers are outsourcing to foreign production.

Admiral_Pants

Admiral_Pants

Austin, TX
May 2004

MAY 23, 2007 08:36 PM

Why are Simon and Schuster such fucking assholes?

Schuster especially.

curtisology

curtisology

USA
April 2006

MAY 23, 2007 08:49 PM

ugh...."and they can make a compelling case to us that it should be so" sounds alot like "not a chance in hell".

apesamongus

apesamongus

Atlanta, GA
July 2002

MAY 23, 2007 08:54 PM

Well, that's fucked up. Going out of print was pretty much the only way a lot of people could get the rights to their own work back, and with this, I don't see much of any way at all now.

darkcharge

darkcharge

Portland, OR
June 2006

MAY 23, 2007 09:21 PM

Hey an author does not have to sign with them on that contract. As a business they have every right on all FUTURE contracts to word them any way they want including sign in blood and your soul is ours type stuff. Nothing is forcing anybody to sign. There are other publishers out there. If you really want to be with S&S and you don't like that part of the contract make an addendum to the contract that makes it do what you want. If they really want to publish you they will do what it takes. Once the contract is signed though it is much harder to go back so when their people say "Hey don't worry about those words now" that should be a big warning to WORRY ABOUT THOSE WORDS RIGHT NOW!

If they refuse to change the contract then they are not the right publisher for you. Go directly to their competitor.

Cigarette

Cigarette

Cleveland, OH
April 2004

MAY 23, 2007 09:27 PM

velvetpixel said:
Hey an author does not have to sign with them on that contract. As a business they have every right on all FUTURE contracts to word them any way they want including sign in blood and your soul is ours type stuff. Nothing is forcing anybody to sign. There are other publishers out there. If you really want to be with S&S and you don't like that part of the contract make an addendum to the contract that makes it do what you want. If they really want to publish you they will do what it takes. Once the contract is signed though it is much harder to go back so when their people say "Hey don't worry about those words now" that should be a big warning to WORRY ABOUT THOSE WORDS RIGHT NOW!

If they refuse to change the contract then they are not the right publisher for you. Go directly to their competitor.



That being said, Simon & Schuster are still douches.

kaosfactor

kaosfactor

Boston, MA
February 2004

MAY 23, 2007 10:19 PM

Wow. I was just beginning a law journal paper on "orphan works," i.e. out of print books, movies not sold on DVD or shown in theaters, etc. The 1976 copyright system eliminated re-registration, so it took the ability of a lot of works that aren't selling to fall in to the public domain away. This throws a nice hiccup into my paper.

ink_slinger

ink_slinger

Edmonton, AB
October 2005

MAY 23, 2007 10:23 PM

Well, I guess I'll be ignoring S&S when I finally get around to writing that novel...

herbancowboy

herbancowboy

San Francisco, CA
June 2004

MAY 23, 2007 11:34 PM

velvetpixel said:
As a business they have every right on all FUTURE contracts to word them any way they want including sign in blood and your soul is ours type stuff. Nothing is forcing anybody to sign. There are other publishers out there.



Yeah, but if people don't show organized opposition to this (like they are now) then this will become an industry-wide precedent.

rabidrabbit

rabidrabbit

United Kingdom
April 2006

MAY 24, 2007 01:09 AM

Admiral_Pants said:
Why are Simon and Schuster such fucking assholes?

Schuster especially.



I always thought Simon was the evil one, just has the look of a serial killer.

darkcharge

darkcharge

Portland, OR
June 2006

MAY 24, 2007 03:07 AM

Cigarette said:

velvetpixel said:
Hey an author does not have to sign with them on that contract. As a business they have every right on all FUTURE contracts to word them any way they want including sign in blood and your soul is ours type stuff. Nothing is forcing anybody to sign. There are other publishers out there. If you really want to be with S&S and you don't like that part of the contract make an addendum to the contract that makes it do what you want. If they really want to publish you they will do what it takes. Once the contract is signed though it is much harder to go back so when their people say "Hey don't worry about those words now" that should be a big warning to WORRY ABOUT THOSE WORDS RIGHT NOW!

If they refuse to change the contract then they are not the right publisher for you. Go directly to their competitor.



That being said, Simon & Schuster are still douches.



Yup smile

Dogslife

Dogslife

Toronto, ON
April 2003

MAY 24, 2007 03:43 AM

What Simon & Schuster have done is what all other big publishers are going to do eventually, and on the whole it's going to be good for authors. True, PoD books will be available only in "dribs and drabs", but the only books that would be relegated to PoD status would be the ones selling at this rate. In the past, a sales rate of "dribs and drabs" meant impending doom for a title; now it's enough for the title to live on indefinitely.

And the quality isn't bad at all. Discard notions of blinding white paper and smudgy black ink. Most of the trade paperbacks you buy from major publishers could be replicated almost exactly by today's PoD technology.

As for the issue of taking back rights, in principal it sounds awfully important but in practice the odds of an author "reviving their career" by taking back the rights of their book and shopping it elsewhere are infinitesimal. Think about it: your book was published by Simon & Schuster, one of the biggest publishers in the world, but it's now selling so poorly that they'd put it out of print if not for PoD: who's going to pick it up and think they could do better with it?

What this article doesn't mention is that PoD is economical only on very short print runs, so in the event that a book relegated to this status starts to pick up sales velocity, there's a very good chance it'd get a traditional printing as it would have in the old days. The difference being of course that in the old days it would have gone out of print never having a chance at a second life.

Nokturn

Nokturn

United Kingdom
April 2006

MAY 24, 2007 06:12 AM

Why would a writer with a publishing deal need to use a print on demand service?
Surely if a better offer came in once it was relegated to POD, it could be made to include a buy-out.

I can see that this development could become a problem, but this is similar to what has and will happen in the music and film industries and the 'spectre' of print on demand is no more scary in reality than digital downloads.
Writers signing contracts with publishers just need to be more savvy about what they sign up for.
And if they ain't signing, publishing houses are just going to have to be offering better incentives, aren't they?
Its called progress.

Nokturn

Nokturn

United Kingdom
April 2006

MAY 24, 2007 06:14 AM

adjunct said:
you don't have to be a journeyman pressman to see the difference between something printed on a big web or sheet fed offset printer versus what are essentially glorified laserjet printers, especially on really bright or colorful covers.


I think if anybody's using a print on demand service which can't give them commercial print quality they need to shop around.

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