Authors Don't Want To Give Up E-Rights: Now what?

[kaitnolan]

I posted this question for Rachelle Gardner as well, but I'd like to see multiple agent takes on it. With the ebook industry changing publishing (whether publishing wants to be changed or not), and with the advent of places like Amazon and Smashwords and the ability for an author to deal directly with distributors and obtaining a higher percentage of royalties for their digital content than they would if they went through the traditional publisher route (where they would receive at most a pittance and where the publishers choose to charge exorbitant prices that discourage rather than encourage sales--see JA Konrath's numbers in support of all that), it seems positively FOOLISH for an author to give up their e-rights to publishers (mostly because publishers are being ostriches and sticking their collective heads in the sand about reality). I know that I as an aspiring author still want to be traditionally published, but I do NOT want to give up my e-rights. Clearly publishers would not be cool with that because they perceive that as lost sales. So how would you as an agent navigate this slippery slope? How would you advise authors you represent who want to keep their e-rights when the publishers aren't likely to agree? Would you even be in a position to negotiate with publishing houses about this or are they mostly a "take the offer or leave it" kind of bunch?

[Nathan Bransford]

Well, here's the thing. Right now most publishers won't make an offer if they don't also get electronic rights. Publishers typically offer for all text rights (hardcover, paperback, electronic) and expect that they're going to get it.

Right now electronic rights are about 5% of the market at most. Question back to you: would you say no to Random House or HarperCollins because of 5% of your potential sales?

I realize that JA Konrath has a great thing going right now, but it's a potential tragedy of the commons waiting to happen.

[JustineDell]

Whoa! Heck no - I wouldn't!

~JD

[Mira]

I suspect you have to make a choice. Publishers would be nuts not to ask for e-book rights and authors are not yet in a position to have much clout in bargaining.

That may change, though. But for now - I do think you have to decide which way works best for you.

Good luck!