Society of Authors

More than most industries, publishing and bookselling depend on the oxygen of publicity for survival. They rely on the support of friendly journalists who present them faithfully and without exaggeration or malice. The industry is lucky to be represented by Nick Clee, a distinguished news publisher who understands it inside out. Here, he kindly responds to my questions.

Q: Before you founded BookBrunch, you were the editor of The Bookseller, so you moved from a very established old-school type of publishing to something much more dynamic – and perhaps, nowadays, more resilient. Did you set out to do this? What was your rationale when you first set up BookBrunch?  Has it evolved in the way you thought it would?

A: I left The Bookseller in 2004, and went freelance – in those days, still just about a feasible pursuit. In addition to journalism, I wrote a couple of books. I had delivered the second of them when Liz Thomson, editor of the recently defunct Publishing News, phoned me to ask whether I’d join her in a new, online venture, which had private backing. It wasn’t exactly what I had planned, but I had a space in my schedule and hated to turn down jobs. We had no coherent mission statement for BookBrunch: we simply intended to provide a news service, selling it on our long experience of the trade.

Q: Did you get a lot of support from the industry in the early days?

A: In the internet era, you can get known fast, particularly in a trade such as the book industry. People signed up enthusiastically.

Q: Are you a journalist by profession? Has your whole career been spent in journalism? Is there a reason why you have focused your efforts on publishing industry news for so many years?

A: I fell into it. I got a job as maternity cover at The Bookseller; twenty years later, I was still there. I’ve been very lucky.

Q: How do you gather information for BookBrunch?  Do prospects mainly come to you with items they want you to publish or is it the other way round? Do you have ‘roving reporters’ to cover events etc?

A: I have to admit that most of our stories arrive on a plate, by email. (By the way, I’m now joint editor with Neill Denny, another ex-Bookseller editor. I work two days a week and he covers the other three; Lucy Nathan is reporter; and Julie Vuong contributes twice-monthly interviews or features.) We try, on our limited resources, to get out to conferences, launches and so on. Occasionally, we commission features – but the budget is limited. 

Q: What is the business model? How do you get paid?

A: We carry some paid advertising, but get almost all our income from subscriptions. Our salaries are very modest.

Q: What kinds of support are you able to provide for authors?

A: We have discounts for freelancers and for Society of Authors members. Not all authors are interested in trade news, but some are.

Q: How did you survive during the pandemic? Were you forced to change the way you operate? If so, are you more or less back to normal now?

A: The pandemic was/is an awful thing, but looked at only in commercial terms it turned out to be not unfavourable for our business. Subscriptions went up. It hit networking on the head and is still doing so, in my case – I remain cautious.

Q: Gazing into your crystal ball, what do you think the publishing industry will look like in five years’ time?

A: I’m not qualified to talk about the academic publishing world. In general books, we appear to have reached a relatively stable balance of digital and print formats. If further disruption is imminent, neither I nor anyone else can foresee what will cause it. The pandemic confirmed to us – because it hastened them – things that were already apparent; among them were the decline of the High Street, an alarming trend for publishers as well as retailers.

Q: Do you enjoy reading? If so, what kinds of books do you like?  Do you have a favourite author? Do you have other hobbies?

A: I read a lot of crime fiction, ranging from American noir to police procedurals to psychological thrillers. A favourite recent example is Simon Mason’s A Killing in November. In literary fiction, I go for writers who are interested in the domestic: Katherine Heiny has been a delightful discovery this year. My favourite author is John Updike.

I play tennis, and follow sport. I’ve been lucky enough to make horseracing my work as well as a hobby: my second book was a racing history and I’m writing another racing book at the moment.

Many authors are mystified by – and sometimes afraid of – the seemingly arcane world of rights. Interestingly, as internet books sales have boomed and the RRP is merely a guide to how much the book will cost, many readers also feel frustrated by their lack of understanding of rights and sometimes ask if authors are getting a good deal. In this post Lynette Owen, editor of Clark’s Publishing Agreements, explains what rights are and how they should be used.

In the world of publishing, rights – sometimes referred to as subsidiary rights – can be something of a mystery to authors (and indeed to some staff working in other areas in publishing houses). Rights are ways of exploiting the intellectual property in a literary work by licensing the content – perhaps to be published in an overseas market, published in translation, or used as the basis for a stage, television or film adaptation. These rights normally belong in the first place to the author (and perhaps also to the illustrator where relevant) who may then choose to specify that all or some categories of rights are handled by their literary agent or their publishing house. The share of revenue paid to the author from licensing arrangements will be specified in the contract between author and publisher; for deals handled by a literary agent, an agreed rate of commission will be paid to the agent.

As General Editor of Clark’s Publishing Agreements: A Book of Precedents (11/e, Bloomsbury Professional, January 2022), I receive mixed feedback on how the contractual precedents are used. Many small publishers use the downloadable templates verbatim, whilst larger publishers may want to tailor the wording to reflect company practice in terms of royalty models, warranties and indemnities, accounting dates etc. Some publishers incorporate selected wording from the Clark templates into their own contracts.

How an author chooses to grant control of rights in their work will depend on individual circumstances. If represented by an agent, the agency may make separate publication arrangements for separate markets, e.g.  the UK and Commonwealth with a British publisher and separate arrangements with a US publisher.  The agency may have specialist departments to handle translation rights or film and television rights, so those categories would be withheld from the English language publishing house/s. If no agent is involved, much will depend on the geographical territories granted to the publisher and the resources of the publishing house to exploit rights, something authors should discuss before contracting. These days, many larger publishers will expect e-book and audiobook rights to be included as part of their primary publishing rights. If some categories of rights are withheld from the publisher, authors do need to consider carefully whether they have the time and expertise to handle rights negotiations and contractual and accounting arrangements themselves.

The role of a literary agent is to act in the best interests of the authors they represent; however, not all authors are represented by an agent and it is rare for agents to operate in the areas of educational, academic and professional books, where contracts tend to be directly between author and publisher. If authors are concerned about the fairness of some elements in the publisher’s contract, they should first clarify any points with their editorial contact in the publishing house, who should be able to explain the reasons behind the contractual requirements. It is also worth noting that the Society of Authors can offer advice to member authors, although they probably do so more frequently for trade (general) authors than for educational and academic authors whose contracts usually differ from trade contracts to reflect different market conditions. Any formal legal advice on a publishing contract should be sought from a firm specialising in intellectual property matters.

I first joined the publishing industry immediately after graduating from London University, starting work in the London office of Cambridge University Press, and came to work in their rights department almost by accident – rights work was little known as a career path back then. In 1973, I moved to set up a rights department at Pitman Publishing, then spent a year at trade publisher Marshall Cavendish before joining the multinational publisher Longman Group Ltd (now Pearson Education), latterly as Copyright Director. I was fortunate to be able to travel extensively to sell rights, both at international book fairs but also on sales trips and publishing delegations – educational and academic publishers were early entrants to challenging markets such as the former Soviet Union, central and eastern Europe and mainland China. Space here precludes recounting many strange experiences in those markets, some of which I covered in my recordings for the British Museum Book Trade Lives project! Since 2013, I have worked as a freelance copyright and rights consultant, providing advice on rights and contracts to smaller publishers and also running training courses for publishers and degree students on rights in the UK and abroad. In addition to my work on Clark’s Publishing Agreements, I am also the author of Selling Rights, now in its eighth edition (Routledge, 2019) – as far as I am aware, the only book on the subject.

I think the most attractive aspect of working in rights is the opportunity to meet a wide range of publishers from all over the world and build up long-term relationships with them; a great deal of rights business hinges on personal relationships. It is also challenging and hugely rewarding to negotiate rights deals on behalf of authors and to tie up those deals in legally sound licence contracts, fair to both parties. By contrast, perhaps the most frustrating aspect of rights is that senior management in some (but not all!) publishing companies still do not recognise the value of the rights function, both in terms of generating revenue for authors and publishers but also in terms of the PR value derived from broadening access to publications through licensing.

My rights-related tips to authors would be:

1.  If you have a literary agent, talk to them about rights possibilities and be prepared to assist with promoting rights if required.
2. If you work directly with a publisher, find out how they handle rights and make contact with their rights staff.
3. But do try to be realistic in your expectations for rights deals – not every book is a candidate for the silver screen!

For publishers, my tips would be:

1. Time and effort expended on the promotion and sale of rights will produce results, even for smaller publishers with limited resources, and will enhance expertise.
2. Rights selling depends on building long-term relationships with compatible publishing partners – these take time to establish.
3. To publishing management – recognise the importance of a rights operation, both in terms of revenue and PR value to author and publishing house alike.

© Lynette Owen

In tomorrow’s post, Hannah Deuce, Marketing and PR Manager for Bloodhound Books, describes how she works with authors.