Saturday 29 September 2012

Writer Beware ® Blogs!: Class Action Lawsuit Against PublishAmerica Dismissed

Writer Beware ® Blogs!: Class Action Lawsuit Against PublishAmerica Dismissed

I reported earlier this week on TIPM's Facebook page that the class action lawsuit taken against PublishAmerica in June of this year was dismissed earlier this month.You can file the officially filed decision of the case here. WriterBeware has the full details, but in essence, it's the old chestnut once again concerning specific relationship (or definition of it) authors enter into with publishing service providers. In recent years, several class action law suits have been dismissed by the US courts for similar reasons. In short, the courts refuse to see the relationship between author and publisher as a consumer rights issue. It is deemed to be a B2B (Business to Business) contract and cannot be covered by consumer law acts. However, this particular class action law suit indicates the judge considered that plaintiffs (authors) did not provide enough evidence that the case should be considered US consumer laws.

From WriterBeware:

"Judge Garbis, in other words, isn't confirming PA's argument that the author-PA relationship is not a consumer matter--rather, he's saying that the plaintiffs haven't sufficiently demonstrated that it is. He makes a similar determination with regard to the plaintiffs' claim of unjust enrichment, breach of contract, and fraud."

"Though PA will likely dispute this, the dismissal doesn't vindicate their business practices or endorse their counter-claims. Rather, it leaves the door open for the plaintiffs to return with stronger arguments to bolster their case. Obviously I can't reach into the minds of the lawyers to see why they decided not to do so. But I have to be honest--it seems shoddy to me. If they felt they had sufficient grounds to base the original complaint on the MCPA, and to make claims of fraud, why would they not re-file? (Or, perhaps, more adequately state their argument in the first place?) It makes the lawsuit seem like some sort of blue-sky effort, launched without adequate commitment and folding at the first roadblock."


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Friday 28 September 2012

The Future of Publishing 2020: Translation and Publishing in the 21st Century

In my last article on TIPM, I talked about how digitalization and The Self-Publishing Honeypot has helped transform publishers from the role of curator and educator to one of facilitator and provider. The transformation is far from complete, and many within the industry—in spite of digitalization heralding the age of disintermediation and the rise of alternative methods of publication for authors—still hold fast to the belief that publishers, as we commonly understand them, will be around for many years to come. It’s not a view I wholeheartedly agree with, though, I do believe there is a place for publishers in the future as long as some are prepared to embrace the streamlining digitalization offers to operate more efficiently, while also managing to reunite their new role as content providers with readers, authors and the broader literary community.
 
This means publishers will have to invest a great deal more in both local and global lines of communication with readers and writers beyond the format of a printed book and first-time single language publication. To do this, publishers will have to concede something of the drive they have shown towards slavishly reacting to consumer market trends and filling supermarket shelves with commodity book products. The new publishing model beyond 2020 won’t facilitate a profit structure focussed on ten percent of the publishers list and on the sales of books alone—whatever the format. The role of global publisher will no longer be executed from the exclusive confines of an office on Madison Avenue or Mayfair.
We live in a world today where the dimly lit bedroom or living room can place author and publisher alike in touch with the best editors, designers, marketers, champions and facilitators—and what’s more—in a way that has far more to do with the mavericks of publishing decades ago. I’m thinking of some of the publishing forefathers of the modern industry like Gertrude Stein, Ezra Pound, Lawrence Ferlinghetti, John Calder, Roger Straus, George Routledge, Barney Rosset, Maurice Girodias and Victor Gollancz. I suspect publishing would not be where it is today had most of these mavericks been still at the wheel. Instead, our industry is guided by media conglomerates and CEO’s who seem more adept at getting the most out of a grain of ore than the syllables or words in a sentence. What this illustrious list of publishing mavericks shared was vision (literary and business), publishing as a force of curation and education, but above all, they saw publishing outside of the language borders the industry has now imposed upon itself.          
In my previous article, The Self-Publishing Honeypot, I suggested that while publishers may believe their hands are full at the moment with digitalization and the wake-up call authors and publishing service providers are now delivering to the industry; there is actually a far greater challenge awaiting them in the coming years. It’s the the gradual shift I spoke about at the end of the article—the move from publisher and curator to content manager and service provider—may not be enough to survive because sometimes the grey clouds cover the real storm about to hit and challenge the industry.


From The Self-Publishing Honeypot:


“It is time to spread around a little more of the royal jelly. Publishers will be in deep trouble if they are still struggling with digitalisation in twelve months time, because the next big challenge for publishers and authors alike on the horizon in the coming years is how to deal with global translation and its developing technology. By then, The Self-Publishing Honeypot may be empty and authors en mass may have long filed their divorce papers.”


(This is how the publishing world looked before the Self-Publishing Honeypot)

Just like self-publishing several years ago heralded the age of publishing as taking control and managing content; a number of the most forward-thinking and savvy self-published authors are beginning to turn their attention to global translation. They are no longer prepared to settle for the second set of gates in the publishing industry having found a way to circumnavigate around its grand and lofty submission gates. There still exits a territorial and language divide, whether for physical books or e-book editions. Publishers can stomp about the house every evening, still fixated on DRM, piracy and pricing, the devil Amazon, but some self-publishers have already stopped brooding.
 
The Future of Publishing is now.
 
In a few weeks the publishing industry will descend on Frankfurt in Germany and in private and public forums will trash out the same issues it has been debating for the past five years—pricing, the decisions of the US Department of Justice, Amazon, e-books and whatever else they were talking about five years ago. What will be different, and has grown in recent years, is the number of agents representing self-published authors abroad who have published in one territory and are looking for publishers and translators from other countries. If one thing is clear in the publishing world today; it’s that agents—while uncomfortable initially with their clients’ self-publishing endeavours—are starting to appreciate the new-found flexibility and sword they have to brandish if an author has established a sales record in one territory and language, even if it is only through a digital edition. There is one thing I’m sure of over the next ten years—beyond 2020—and it is that authors will need agents and PR representatives more than they may need publishers. Years ago, a hardy and enlightened Irish author of many books told me that getting hold of a good agent was far more important than getting a publishing contract.


“A good agent can be for life. A good publisher never lasts that long.”

Agents might at first appear to be serving the needs of your publisher, but mostly, they are a collective of individuals, and their instincts to survive and thrive will long outlast any publisher that ever flutters its eyelids in your direction.

(This is how publishing looks now, and will for several more years)

I suspect there will be little talk of where modern translation is today in Frankfurt. Most agents and publishers will be too fixed on selling whatever title they can and running for the plane and return contract in the email when they get home to care about where the translation industry is at the moment. Right now, the only form of translation that matters to publishers and agents is the work carried out by trusted ‘real’ translators fretting away over every word and nuance of language. I suspect the same industry professionals had the same casual view of e-books and the implications of its future relevance at trade shows and ‘meet-ups’ several years ago.  Suggest the same ‘don’t worry-be happy’ carefree attitude to many freelance translators and they might well provide you with a very different reading on the status of their industry and its future.
Like publishing, translation is also going through a sea change at the moment and technological advances have played a great part in this change, including the move from paper to digital; the emergence of crowdsourcing and collaborative translation; the value of the professional translator’s role; the growth in market competition leading to lower translation service pricing; as well as new work tools like translation memories and terminology management systems. I also see a distinct parallel between traditionally published authors and self-published authors in the book industry as I do with how traditional translators value their work against the continued advancements in machine translation. While some authors and publishers see the democratisation of the publishing industry as a good thing, some believe the value of books and literature itself is being dumbed down.



“The demand for translation has been increasing steadily over the last three decades due to the explosion of content made possible by information technology. This growth will continue—and this is no prediction! Content is doubling every year and this growth is outstripping the rate at which translators are entering the profession: it takes many years to create a professional translator. The only way to handle this growth in content is by increasing translators’ productivity, but the translation industry remains a relatively low-tech industry where the “do more with less” philosophy is an imperative that very few can (or are willing) to follow.”




Like the translation market, demand has now outstretched resources, and the book world is being flooded with new content (and authors) at an alarmingly high rate, and the role of content evaluation is being pushed further down the user line—sometimes all the way to consumer and reader. However, the early signs are that the translation industry—and its direct commercial clients and customers—look better positioned and equipped to deal with this than the publishing industry. While the publishing industry is historically an insular and elitist beast, the translation industry lives and breathes on collaboration, adaptation and community. In essence, translators were our first global networkers.


“I’ve been thinking this exact concept about the media/publishing industry for a few years. We are at crucial juncture of enormous change in consumer demand and the advertising-supported business model. Business-school basics tell us that today’s giants literally can’t change gears to tear themselves apart and build models for new realities.
Part of this reality in media, I believe, is due to not bringing in enough new talent from other industries. We think this industry so different from others that we shun the idea altogether. Instead, we could learn so much from how other industries approach and solve similar problems.”


While publishers have spent much of the past twenty years resisting the imposition of digitalization on their traditional practices, translators have been far quicker to seize the new frontier and lingua franca—or at least the path which leads to it. Translation is one aspect of communication, and no matter how perfect or as near perfect a translator can make a text—the reader is the final interpreter in the chain. Translation is simply an earlier level of evaluation and understanding of a text—not an exact science. If it were—machine translation would have long taken over from manual translators.
Nicholas Ostler, in his book, The Last Lingua Franca, believes that English is the last true lingua franca, that it will decline, and advances in MT (Machine Translation) technology will unite all languages across the globe sooner than later. His view may be controversial, elicit cynicism from every traditional-thinking editor and translator as to the future of their respective industries, but the march forward in this direction shows no signs of abating. Development is already well underway with projects like Microsoft’s Collaborative Translation, utilizing customer cloud-based features. Let’s MT and TAUS are two European-based companies driving the development of collaborative database translation engines. MT is by no means the whole future for the translation industry, but it will play a fundamental part within it.

“Ostler sees a key role for MT in this new environment. Just as the print revolution changed the ‘ground rules of communication’ in 16th century Europe, he expects that language and translation technology will revolutionize global communications tomorrow, removing the need for a ‘single lingua franca for all who wish to participate directly in the main international conversation.’
Put another way, this means that automatic translation is taking over as the new ‘lingua franca’. In the not too distant future everyone will be able to write and speak in their own language and ‘the world will understand.’ No more frustrating language barriers; all we need is compatible software.
Ostler is fully aware that he is treading on highly sensitive toes by making such bold statements about MT. Most interestingly, he blames the chronic dissatisfaction with the performance of MT systems on evaluator “naïveté”. These people do not seem to realize that humans have always been able to understand partially formed languages – especially lingua franca – and this is equally valid for MT.”


[You can hear Nicholas Ostler discuss his ideas in The Last Lingua Franca here at the TAUS summit in Paris, 2012]

For the moment MT may only show it presence in the broader sphere of social network marketing for publishers and self-published authors through the automated integration engines we see in places like Facebook (Bing), but working daily with automated translation (and collaborative cloud-based services) will become part and parcel of the role of a translator working in the publishing industry. I don’t for a moment accept Ostler’s vision of MT being the next (or replacement) for English as a lingua franca. I think writer and reviewer Laura Marsh’s opinion of the future of translation (and publishing) holds true. Below is some of her review of Ostler’s The Last Lingua Franca in The New Republic.

“But there is a chance that machine translation will come to be used in the manner that Ostler describes, and he appears unconcerned by the huge cultural losses that such a development would bring. Quite the opposite: he claims that casual users are already taking advantage of the new technology, and that “the actual future that awaits it… is not an inglorious one.” Even if this is true, the needs of casual online users may be more or less satisfied by a technology that could make costly mistakes in business or diplomacy. Such technology would be of little use in face-to-face meetings, which count for a lot in both of these fields, and would be still less useful for informal, personal conversations.”
“…The ideal of effortless communication is understandable, but it is mythical. In reality, it means irritating misunderstandings, an impoverished cultural exchange, and technological dependency. This situation evokes the Babel story too, the disastrous confusion of a world in which there is no shared language. Such confusion should be avoided, even if the current dominance of one language seems overwhelming or unfair. The most interesting and responsible question now is what kind of lingua franca, or more likely lingua francas, will replace it.”

Marsh is on the button in her assessment of a 2020 future with several core lingua francas, though, it does make the phrase—in its literal meaning—somewhat redundant. You can’t have a functioning global market—for the translation or publishing industries—with multiple lingua francas, but what you can have are massive open-source translation engines based in the cloud facilitating any industry, while still serving and promoting the growth of many secondary languages. Maybe this is closer to Ostler’s utopian view of languages post 2020. What is certain is that languages outside Western Europe and America like Russian, Arabic, Chinese and Mandarin have benefitted greatly from the growth of the Internet. We are entering an age where minor languages have an opportunity to thrive and disenfranchised cultures can be celebrated rather than dwindle and die. I don’t for a minute believe MT will ever replace the role of traditional manual translation in the publishing industry, but I do believe we are going to see far more collaborative translation processes being utilised by publishers, and in particular in the field of self-publishing. If MT can continue to develop at the speed it is at the moment, then I don’t see why it won’t play some significant role in the field of STM publishing in the future. For the serious self-publishers, collaborative communities of translators introduce the opportunity to reach a readership never before considered.
 
 
The shape of publishing is changing—rapidly. In the first image above, we saw how the publishing industry was, Pre-Honeypot, and in the second image, Post-Honeypot, we can see only subtle changes in regards to roles and hierarchy. The difference between the two is that authors will have more choice; they will be able to circumvent agents/publishers by using publishing service providers, go directly to readers via distribution channels and retailers. In our final image, 2020 and Beyond, we see a dramatic change—a universe of distillation and disintermediation. We have content creators taking their product, quickly and efficiently, to readers and consumers, with translators having a primary role in the process. The idea of releasing a creative product to the populous, territory by territory, one language at a time, will seem utterly absurd.
Beyond 2020, we won’t have publishers, film studios or record companies—just managers of media content. There may be room for writing or artistic co-operatives, but for the most part, creators will simply have the choice to work with a content management group or work and finance their output independently by going straight to product facilitators and retailers. Readers and consumers will feel much more a part of the creator’s output because they will connect and sponsor a project at a much earlier stage—sometimes from the moment of conception. This will be an age when the idea of a fan or follower will take on a greater meaning, involvement and importance.
One thing I am sure of as we move further into the 21st Century is that the translation industry stands to play a greater role for authors as well as ordinary consumers in their everyday lives. Publishers right now—in varying degrees—are still struggling to make sense of a digitalised world where choice, speed and efficiency are paramount. Curation is no longer the sole ticket to survival. Publishing is no longer the sole preserve of publishers. Just like translation, publishing is a part of a greater process to deliver information, ideas and experience as faithfully as possible. It is no longer an institution. It is now a tool—an instrument to deliver a message or a gift—and not a commodity or possession for ownership. I’ve felt for several years that publishers see the disruption digitalisation has brought to the industry as a momentary distraction—something to survive rather than the real alarm call it means. And like a dominant political party in power during an economic downturn; publishers are waiting and watching for a sign that normal service can resume—oblivious that greater challenges like global translation lie ahead. I want to scream at them and say: DIGITAL DISRUPTION IS JUST THE TEST RUN! If my worst fears are realised, then the publishing industry will be waiting a long time for salvation.
I’ve been following the translation industry intently in the past two years, but I don’t have the same ominous feeling about its future. The translation industry, though fearful of its place in the future against digitalisation and the added might of automated engines, if anything, still sees a central and renewed role for translators. It is the reason why I moved publishers from an essential role in the Pre-Honeypot image to a non-essential role in the Post-Honeypot image.
Ultimately, I can call it as I see it, but publishers have still a great deal to do to convince authors, readers and sellers, that they have a pivotal role to play in the future of publishing, post 2020.  


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Wednesday 19 September 2012

Fancy A Coffee and A Book?

Hillcrest Media, parent company of self-publishing service Mill City Press and several traditional imprints, have formed a partnership with Dunn Bros Coffee to create an online bookstore called CoffeeandBooks. The new venture will also have an in-store presence across the midwest and south regions of the USA and  is now accepting authors eager to challenge the traditional bookselling model.
 
CoffeeandBooks is a new division of Hillcrest Media and Dunn Bros Coffee is the first coffee store partner. Participating stores offer rewards for CoffeeandBooks.com users, including a 12 oz. coffee for joining the free site, a $5 Dunn Bros Coffee gift card for each online book purchase, and specials for reserving a book club meeting space at Dunn Bros Coffee via CoffeeandBooks.com. Beginning on November 1st, participating stores will offer shelf space to eight of the site’s best-selling titles.
 
“With the surge of new books available in the marketplace and the shrinking availability of shelf space at bookstores, many great books go undiscovered by readers. CoffeeandBooks.com exposes readers to fantastic books that deserve to be noticed.”

 
Karina Taylor, Marketing Director for Hillcrest Media
 
 
The CoffeeandBooks.com online store is not intended to be exclusive to Hillcrest Media titles and the new venture already includes titles published by Minneapolis-based Milkweed Editions and the University of Minnesota Press. CoffeeandBooks is looking to expand its partnerships with other independent presses, booksellers, and coffee houses that want to give talented authors a running start.
 
“Coffee and books go hand in hand, but we wanted to unite them in a way that offers readers something different than the traditional book-buying experience. This partnership helps connect avid readers through book clubs, exclusive author events at Dunn Bros Coffee shops, and access to some of the best titles readers have yet to discover.”

 
Mark Christenson, Vice President of Marketing, Dunn Bros Coffee Franchising, Inc.  
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Tuesday 18 September 2012

CWA Introduce Manuscript Critique Service

The UK Crime Writers' Association (CWA) has moved into the writers' services market with the launch of its Manuscript Assessment Service. Writers, including non-members of the CWA, will now be allowed to submit full or partial manuscripts for critical assessment by an experienced member or associate member who is an agent or editor.
 
The CWA stated:
 
"These days the competition to achieve a publishing deal is fierce. In view of this competition, we receive increasing numbers of enquiries asking for expert critique of manuscripts."

 
It is introducing the service for aspiring crime fiction writers to help them polish their writing and prepare manuscripts for submission to agents and publishers. Writers submitting a manuscript will have the opportunity to upload a 1000 word synopsis and 3000 word partial, or a full novel up to 100,000 words, and after a period of three to five weeks will receive a detailed critique assessment report between two and four pages (minimum), dependant on the level of critique chosen and paid for in advance. Fees for the two levels of critique are £100 and £350 respectively.
 
The CWA has operated the Dagger Awards for writers of unpublished crime novels for several years and its success and profile has led to a number of winning writers securing publishing deals for their books.
 
At the moment, membership and associated membership of the CWA is restricted to commercially published authors of crime and thriller books, editors, reviewers and agents. Exemptions are made for provisional membership to writers whose books are under contract but not yet published.
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Monday 17 September 2012

Guest Post | Book Reviews: Seeking The Elusive Truth

Amidst the recent book review scandals, which have tarnished the whole industry and made readers question the source and validity of many book reviews, Leslie Ramey, co-founder of Grub Street Reads, asks if now is the time for an impartial review system and  seal of approval. She presents another option for readers and authors.
 
 
It’s not news for anyone in the business of writing and selling books that fake book reviews are a common, almost accepted, dirty secret within the industry. Readers, for the most part, remained blissfully innocent that many of the glowing, 5 star Amazon reviews on the novel they just purchased may have been faked by the author or written by a paid lackey who never even read the book.
Dirty laundry, however, has a way of crawling out into the sunlight. A recent expose in the New York Times on a defunct company that charged authors as much as $999 for positive book reviews, fanned the flames of scandal. This was quickly followed by the discovery that well-known crime novelist R J Ellory was not only writing positive reviews for his books through a series of fake accounts, but also slamming the books of other authors.
TIPM has covered this growing scandal in detail, so instead of delving into the specifics, I’ll just sum up with what I consider to be the most stunning factoid to come out of this whole mess. Cited in the NY Times article, data expert Bing Liu estimated that about one third of all consumer reviews on the Internet are fake.
Ouch!
We all know that readers are swimming (some say drowning) in the massive amount of books coming to the market through traditional and self-published routes. Aside from recommendations from family and friends, book reviews and ratings were one of the few ways readers could judge the quality of a book. In fact, a 2010 report by The Bookseller found that book reviews contributed to roughly 13% percent of book sales. These book review scandals are sure to land a huge blow to reader confidence and take away one of the few tools self-published authors had to prove the quality of their work.
So, if books reviews can no longer be trusted, where do we readers and self-published authors go from here?
Some authors have publicly pledged to never take part in “sock puppeting”. While this is a laudable action, I doubt that it will make much of a ripple in popular reader sentiment. Let’s face it, book reviews are easy to fake and easy (though not necessarily cheap) to pay for. This scandal has raised awareness of the issue, but I doubt it’s done anything but temporarily stemmed the tide of fake reviews.
Now that the scales have fallen off the eyes of readers, they may never trust in book reviews again, which means it’s time to find an alternative and unimpeachable way to establish a book’s quality.
Alright, now it’s confession time.  I wasn’t exactly displeased when this book scandal broke, because my business partner, Jessica Bennett, and I have recently launched a company – Grub Street Reads – with the goal of creating an unimpeachable, third-party quality standard for independently and self-published books.
As a voracious reader, I know how confusing things have gotten over the last couple of years with so many self-published books flooding the market. Many of them are excellent, but a lot of them are…well, I like to say they’re still in “rough draft form”. It’s easy to get burned, which is why so many readers value reviews.
I also happen to be a self-published author myself, and I speak regularly with other self-published authors, so I know how untrustworthy reviews can be. Even the honest ones are usually written by sympathetic friends and family who just click 5 stars to avoid tears and accusations at the dinner table.
There have long been calls from writers and readers for an unbiased, third-party system to establish a quality standard for the indie and self-published book market.
Thus, Grub Street Reads was born. Our premise is simple. We believe that all good stories, no matter their genre or the specifics of the plot, share fundamental traits like well-developed characters, a consistent plot, strong pacing, and few, if any, grammatical errors.
The GSR endorsement is given to those novels that meet these basic quality standards. It’s that simple. Grub Street Reads functions as a third party vetting system, and our endorsement proves that a novel has been tried and tested and earned a passing mark (not given by the author’s mother or spouse).
I know that I’m bragging, but I can’t help but be excited about GSR. Jessica and I believe, and studies show, that consumers value seals of approval. It tells them that the endorsed product has met a standard, which makes it a less risky purchase. 
If this book review scandal has done anything, it’s finally woken readers to the fact that book reviews are not always a trustworthy way to gauge the actual quality of a book. This sucks for honest authors who must now find another method that they’ve got something good between their covers.
Jessica and I are hoping that Grub Street Reads can be the answer. [Full disclosure, GSR charges for an evaluation, but our profits are used to pay our evaluators for their time and to help market our endorsed authors’ books to readers.]
Let us know your thoughts! Do you think the book review scandal has tainted book reviews in the eyes of readers? Is Grub Street Reads a solution, and is the indie book world truly in need for a third party vetting system?
 
Grub Street Reads, created by Jessica Bennett and Leslie Ramey, seeks to shine the spotlight on quality indie books by endorsing those books that meet GSR’s strict quality standards. Learn more about Grub Street Reads by visiting www.GrubStreetReads.com. Enjoy our kooky video, read about our endorsement criteria and visit our growing library of endorsed indie books. You can also find us on Facebook and Twitter.

 
 
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Thursday 13 September 2012

There’s A Hole In My Sock Puppet | Radio Litopia's Naked Book

There’s A Hole In My Sock Puppet

Sock puppets of the world look on.
 
This week The Naked Book interviewed puppet hunter extraordinaire the thriller writer Jeremy Duns. Duns exposed crime-writer R J Ellory last week, and he has been seeking the truth about Stephen Leather’s anonymous accounts and activities since Harrogate. But who is he? And why does he do it? Most importantly, how does he find the time?
 
Also in the studio was Cathy Rentzenbrink, fresh from ten years of bookselling at Waterstones, and now Project Director at Quick Reads. Cathy has called for an amnesty for all sock puppets. “We could all agree that it is wrong, promise not to do it again and draw a line under it.”
 
Assisted by the regulars Sam Missingham and in the chat-room Catherine Neilan, The Naked Book is happy to confirm that no sock puppets came to any harm during the recording.
 
Presented by Philip Jones, Editor of The Bookseller.

Yon can listen directly below or click the link at the top of this piece. 


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