There is some spectacular misinformation on the
Authors & Marketing page of the ATMP website:
Patricia Fry:
I meet many authors who are disappointed in their book sales. I think it's fair to say that 100 percent of the time, the fault lies with the author.
Erm ... what? Although authors can help market their book, they've got an uphill battle if their work isn't being sold in stores or they're using a publisher that simply isn't equipped to market or promote their work. Also, authors should not have to worry about organising their own book distribution.
Patricia Fry:
The author writes the wrong book for the wrong audience. Way too many authors write the book they want to write without truly considering their audience. It's no wonder they fail in their attempt to promote the book. They're trying to reach an audience that doesn't want or need the book.
Your publisher should know what the market is for a book that they're publishing. If they don't, then how can they help you market it?
Patricia Fry:
[Gerald] wrote a book featuring scientific proof that there is no God and planned to sell it to a general audience. As it happens, the audience for this book is most likely comprised of people just like him-people with the same belief system.
I suggest that Gerald drop Richard Dawkins an email. The God Delusion seemed to reach a good cross-section of the population and was not limited to atheists and agnostics.
Patricia Fry:
The author doesn't know that he is responsible for promotion.
No. The author should be prepared to get involved in promotion, but his main concern should be working on his next book.
Patricia Fry:
Start now soliciting book reviews in appropriate magazines and at related Web sites and set up speaking engagements, for example.
No. Your publisher should be organising reviews and ARCs.
Patricia Fry:
For a novel, choose a setting that is conducive to promotion-a town that others want to read about and that would welcome your promotional appearances.
Or here's another suggestion - write a good book that people want to read regardless of where they live.
Patricia Fry:
For a novel, give a character a popular ailment. If you present it in a positive light, related associations might agree to help with promotion.
... There are no words to describe my reaction to this. At least, there are no good words that can be used in polite company to describe my reaction to this.
Patricia Fry:
Many new authors don't know what a platform is. It's the author's following, his reach, his way of attracting his audience. Most successful authors today have a platform in place before they produce a book.
Erm ... no. Celebrity authors may be writing to a platform, but there are plenty of debut novelists published every year that don't have a platform for their work. They do however have publishers willing to market it and get it in stores for them so people can buy it.
Patricia Fry:
The reality is that few people outside of traditional royalty publishers with track records can get new books into bookstores-no matter how brilliant and beautiful they are.
No, the reality is that some of these 'small' or 'independent' publishers have no idea how to negotiate the discounts and returns policy that bookstores require in order to stock books on their shelves.
Patricia Fry:
And here's something to consider-do you really want your books in mega bookstores? Just look at the competition.
Yes - and look at how that same "competition" is also there on website retailers like Amazon. Your point, Patricia?
Patricia Fry:
Make a big enough splash with your book that readers are swarming to bookstores asking for it by name. This might mean appearing on TV and radio with your book, presenting large seminars all over the U.S. related to your book and getting tons of press by creating news and submitting press releases to newspapers everywhere. Become high profile and get enough exposure for your book and, even if you are self-published, when enough readers start asking for your book by name, it will be accepted by bookstores everywhere.
And then you can sit back and work out just how much it's cost you to arrange your tv interviews and press releases (which, incidentally, should be organised by your publisher) and how much time it's taken for you to do so, and how all this means that even if people are clamouring at your local Barnes and Noble for your book, it's still not there in the store because your publisher doesn't have a distribution deal in place to get it there and how in some cases your publisher isn't even set up to deal with bulk orders necessary to fulfil them. Yup. Great strategy there, Patricia.
Patricia Fry:
Authors need to understand that book promotion is ongoing. It should start before you write the book and continue for as long as you want to sell books.
Actually, there's little point in doing anything until your book is finished and polished and with a publisher with the resources and expertise to sell it effectively.
Patricia Fry:
Start by compiling a mailing and emailing list.
Then consult your friendly local attorney as to your potential liability under anti-spam laws.
Patricia Fry:
Successful promotion takes time, energy, patience and lots of persistence.
And I note that Patricia doesn't say that it also takes money.
ATM Press Contract:
A. Author agrees to grant the Publisher exclusive rights to produce, publish, and sell an English language paperback edition of the Work. Author agrees to grant the Publisher exclusive rights to produce publish and sell the Work in electronic format. The Publisher shall have first option to conclude an agreement with the Author for continued publication rights to the Work on terms to be mutually agreed upon. Should no such agreement be concluded within (60) days of the expiration of this agreement, all rights will automatically revert to the Author.
At the very least I'd want to see that limited to a territory.
ATM Press Contract:
A. Print rights will be exclusive for one year commencing on the date the Work becomes available for sale on the Publisher’s site. Electronic rights will be exclusive for one year commencing on the date the Work becomes available for sale on the Publisher’s site. After the contract expires it can be renewed depending on both parties’ agreement.
So they're grabbing both electronic and print rights but only for a year. How is an author supposed to build up sales in such a short period of time?
ATM Press Contract:
A. Author shall be responsible for registering the copyright of the Work with the U.S. Copyright Office, including payment of any fees and the costs of preparing printed and/or electronic documentation of the Work as required by the U.S. Copyright Office. Author shall provide a photocopy e-mail/facsimile copy of the Copyright certificate to Publisher within 45 days of receipt. Publisher shall be listed as the publisher of the work in digital format.
I always understood that this was done by the publisher.
ATM Press Contract:
Publisher reserves the right to raise or reduce the price as needed to stimulate sales.
So a price that will (most likely) already be higher than comparable sized books in the market can be raised arbitrarily by the publisher if it wishes.
ATM Press Contract:
B. Publisher will not pay an advance to Author. Publisher agrees to pay the Author 40% of the net profits received. This amount will be the cover price minus printing costs, distribution discounts. Publisher agrees to pay the Authors 40% of the net proceeds received for all electronic copies sold off of the Publisher’s site, based upon generally accepted accounting principles.
Victoria has already said why "net profits" is a bad thing for authors, but I'd also point out that the definition of "net profits" is vague - are the printing costs and distribution discounts limited to the author's book or the publisher's general costs? In addition, how do printing costs and distribution discounts apply to sale of an ebook (which should not incur the same)? Also, what happens if it's the author who organises distribution discounts?
ATM Press Contract:
C. Publisher has the right to contract with distributors, bookstores, vendors, organizations, and or outlets of electronic books to sell the Work in association with the Publisher’s name. For all sales through these outlets the Authors will receive 40% of the net proceeds.
Note that the publisher has the right but not an obligation.
ATM Press Contract:
E. Payment will be made by through PAYPAL unless other arrangements have been made between Publisher and Author(s). PayPal IS REQUIRED FOR ALL AUTHORS OUTSIDE OF THE UNITED STATES.
Assuming you make money from the royalties, you might lose a proportion of that to Paypal's fees. Note that the contract is silent as to who is responsible for Paypal fees.
ATM Press Contract:
F. No royalty shall be paid on copies, print or digital, distributed for review, advertising, publicity, promotional purpose, samples, or other similar purposes, or on copies sold below or at cost.
So even if the publisher negotiates those distribution discounts that are deducted to help achieve the net profit used to calculate royalties, those copies sold at a discount won't earn you any royalties in the first place.
ATM Press Contract:
I. If the author should die before all royalties have been paid, Publisher will pay royalties to Author’s estate, heirs, assigns, or beneficiaries. The contracts shall remain in effect, at the Publisher’s discretion, or for the full length of the original copyright.
I'd be interested to know a US attorney's view on this. I'd always understood that the heirs of the author retained control over the estate. Given that this contract provides for termination following renewal after the initial year on provision of 90 days notice, I'd have presumed that the heirs would also benefit from this right.
ATM Press Contract:
Author agrees to give Publisher the right to use the Author’s name, likeness, title of work, and biographical material for publishing, advertising, and promoting the Work.
I wouldn't be comfortable with anyone using my name, likeness etc without my prior approval.
ATM Press Contract:
D. Author agrees to self promote the Work to the best of his/her ability up to and including events the Publisher hosts (i.e., podcasts, author interviews, or book clubs).
Note that there's nothing saying what the Publisher is going to do to promote the book.
ATM Press Contract:
E. If Author has his/her own website there must be a link to the Publishers website. Any “significant” promotional work that originates with the Author must be reviewed the Publisher.
So not only will the Author have to do most of the promotional work, but the Publisher gets a right of pre-approval over it. Great. And I'd like to see a definition of what "significant" means.
ATM Press Contract:
H. Publisher will make every effort to maintain an attractive, updated website. Publisher will not be liable for site downtime or interrupted transmission.
My definition of "attractive" means that it's free of typos. Otherwise, I don't see the point of this clause.
ATM Press Contract:
I. Upon Publisher’s request, Author will provide autographed copies of Work for Publisher’s use in marketing, promotional activities, reviews, or for sale. The publisher will provide the books to be autographed and pay shipping to and from the Author for this purpose.
There's no limit on the amount of books that could be autographed and I don't understand why a reviewer would want an autographed copy.
ATM Press Contract:
A. On publication the Publisher shall give each Author ONE (1) copy of the published work, which may not be resold.
Wow. One whole shiny copy of your own.
ATM Press Contract:
Author may use books purchased from publisher at Author’s discount rate, for marketing, promotional activity, reviews, or for sale.
I would assume that books purchased at the discount rate are then ineligible for payment of royalties, but it should be made clear in the clause.
MM
