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Tuesday News: HarperCollins v. Open Road redux, the conundrum of hashtag activism, sharing and creative production, and First Books on diversity in kid’s lit

Tuesday News: HarperCollins v. Open Road redux, the conundrum of hashtag...

Harper Seeks Injunction in Dispute with Open Road – HarperCollins has just upped the ante in their lawsuit against Open Road, filing for a permanent injunction to block the publication of the digital version of Julie of the Wolves, as well as monetary damages for “willful infringement” of HarperCollins’ alleged copyright. There are certainly conditions under which publishers will breach contracts with other publishers, figuring that whatever they make overall will be worth the damages they end up paying, but this case has gained a lot of attention as a potential precedent in how to read contracts, especially older ones that did not contemplate the eventuality of digital editions.

“HarperCollins initially was not inclined to seek enhanced statutory damages based on willful infringement,” the motion reads. “However, Open Road’s continued infringing conduct following the Court’s summary judgment ruling has led HarperCollins to believe that a statutory damages award should incorporate a willfulness component.” –Publishers Weekly

Yes, hashtags can be trivial and annoying — but discussion threads like #YesAllWomen can also be powerful – An interesting and timely article on the “double-edged sword” of hashtags as a form of activism, where import issues can gain critical notice and engagement, but where backlash can also undermine the urgency and diminish the complexity of any given situation. Hashtags can be overused and therefore trivializing, but they can also create “weak ties” among strangers, which can have broad-based social effects. A nice piece that grapples thoughtfully with a very real conundrum.

University of North Carolina sociologist Zeynep Tufekci, who is one of the most perceptive researchers on social media and its effects, has written about how hashtags and the low-level activism they support can be a double-edged sword: how they can empower dissidents in Egypt or Turkey and spur them to action, but also how they can (paradoxically) help give power to the thing they are fighting against, and replace what might be a more lasting form of resistance with an ephemeral discussion that eventually fizzles out, having achieved very little. –Gigaom

Show Your Work: Austin Kleon on the Art of Getting Noticed – I love this piece on the way in which creativity is achieved as a balance between individual contributions and societal sharing. There is just so much here, not only in regard to intellectual property rights and the importance of the public domain (and therefore the end of individual copyrights), but also in terms of how some of the most powerful cultural work is not the product of a single mind, but rather “great ideas are often birthed by a group of creative individuals — artists, curators, thinkers, theorists, and other tastemakers — who make up an ‘ecology of talent.’” This is called “scenius,” a term borrowed from Brian Eno:

Indeed, this is what history’s greatest booms of innovation embody, from the cross-pollination at the heart of “the age of insight” in early-twentieth-century Vienna to the broader cultural history of how good ideas spread. But more than a way to explain history, “scenius” is one of the best models for making sense of the modern world — as Kleon keenly observes, the internet itself is “a bunch of sceniuses connected together, divorced from physical geography.” Finding yourself a “scenius” to belong to is an essential part of making sure your work takes root in culture. –Brain Pickings

New Initiative Aims To Encourage Diversity In Kids’ Publishing – If you can, listen to the interview with Kyle Zimmer, CEO of First Book, a non-profit organization focused on promoting diversity in children’s literature. Among other efforts, they will purchase 10,000 copies of books they choose in order to demonstrate to publishers that there is a market for books that represent a diverse cast of characters.

The data from First Book, from our own network … they overwhelmingly report, in excess of 90% report that when kids see themselves in books, they are far more likely to become enthusiastic readers. But we also know that this isn’t just about kids seeing themselves in books, this is also about kids seeing other kids in books, and other cultures in books. –NPR

HarperCollins acquisition of Harlequin and what it means for readers

HarperCollins acquisition of Harlequin and what it means for readers

Let’s start out with gathering the information that has been put out there publicly. HarperCollins has acquired Harlequin Enterprises from Torstar for $455 million. Harlequin will be a division of HC (as opposed to the Random Penguin which was a merger). According to one report, Harlequin will remain in Toronto where there are 350 employees. None of the news reports identify what will happen to the New York based Harlequin offices and employees.  Part of Mira, HQN, and Teen Harlequin, and foreign rights divisions (among others) are located in New York.

Harlequin was initially acquired by Torstar in 1975 and Torstar has indicated that part of the proceeds will go toward its $158.5 million in debt. There is some suggestion that the remainder of Torstar will be sold yet this year.

I saw a number of people speculate that the sale of Harlequin had to do with Harlequin being in trouble financially and while Harlequin has seen decreasing profits in the recent years, it was still a healthy and profitable division of Torstar. The above article noted that Harlequin was the one bright star in the Torstar portfolio.

The Harlequin book publishing division of Torstar has long been a boon for the media company, which has struggled in recent years amid declining newspaper subscriptions and advertising sales, while adapting to a growing digital environment.

Torstar’s real issues were related to its newspaper side. This May 2013 article discusses Torstar’s troubling future in the digital age due to the decline of print ad sales. In November, Torstar had posted a $70.8 million loss in the third quarter.

Harlequin’s revenue started to decline in 2010. (There was a decline in 2008 but a booming year in 2009 corrected that.

  • 2009:  Revenue was $493.3 million. The annual report referred to Harlequin as “a real anchor” for Torstar.
  • 2010: Total revenue of $468 million  Collectively, Harlequin authors enjoyed a record
    high 257 weeks on the New York Times Bestseller Lists, up 10% over
  • 2011: Total revenue was $459 million, with revenue slightly down from 2010. Digital growth not offsetting declines in print revenue. Seven number 1 bestsellers. They digitized 5200 new and older titles.
  • 2012: Total revenue $426 million. Excluding the impact of  foreign exchange, revenue was down 6% from 2011 as growth in digital  revenues was insufficient to offset declines in print revenue.  49 titles on the NYT bestseller list.
  • 2013: Per the fourth quarter reports, book revenue was down $28.8 million in 2013 including a $4.1 million increase from the impact of foreign exchange.

Nearly every year, the decrease was attributable to decline in retail print and direct to consumer sales and while there was digital growth it did not offset print declines and soft sales in international segments. Europe was specifically identified.

Most of Harlequin’s print sales are in paperbacks–either trade or mass market. While trade has seen some declines, mass market print sales have plunged dramatically since 2006, the last year there was an increase in mm paperback sales. (I don’t have full  numbers for each year since the AAP stopped making that information available publicly).

  • 2007 – mass market sales are down 2.0% with total sales of $1.1 billion.
  • 2008 – mass market sales are down 3.0% with total sales of $1.1 billion.
  • 2009 - mass market sales are down 4.0% with total sales of $1.0 billion.
  • 2010 – mass market sales are with total sales of $673.6 million.
  • 2011 – mass market sales are down 40.9% with total sales of $545.1 million.
  • 2012 – mass market sales are down 12%.
  • 2013 – mass market sales are down  7.7%, to $373.1 million.

In summary, between 2007 and 2013, mass markets declined from $1.1 billion to $373.1 million. In contrast, ebook sales grew from nothing to be a quarter of trade publishing sales. This does not include the millions of self published copies sold in 2013.

Combining the e-book sales for the adult and children’s trade groups, total sales of the format fell 1.0% in 2013, to $1.47 billion. E-books’ share of the adult trade market rose to 26.6% of all sales of companies that report to AAP in that category compared to 25.9% in 2012. E-books’ accounted for 10.9% of children’s sales in 2012 compared to 13.9% in 2012.

In summary, we have a major part of the Harlequin enterprise seeing a major decline while an increase in competitors including digital publishers, digital imprints from mainstream publishers, and self publishing.

In the press release, HarperCollins CEO has suggested that the acquisition of Harlequin will assist in an increased global presence for HC books. It’s important to note the last part of the quote:

The Harlequin name and rich heritage will be preserved independently, with the aim to leverage capabilities to bring the book-reading public more choices. Harlequin’s business has grown internationally, and will give HarperCollins an immediate foothold in 11 new countries from which we can expand into dozens of foreign languages for authors who choose to work with us globally.

I added the bold for emphasis because it’s the perfect segue into how the acquisition affects readers. I said on Friday when I heard the news that I was dismayed and the reason for this dismay is that Harlequin has very reader friendly policies and HC not so much. Let’s look at a table, shall we?

Harlequin HarperCollins
Library Same low price, unlimited lends HarperCollins offers its complete ebook and audio catalog for library
lending. HarperCollins allows only 26
circulations after which libraries must repurchase a new copy.
Coupons Yes. No.
Discounts Yes, frequent discounting and sales Yes, frequent discounting and sales
Pricing Category books are priced under $5. Most titles retail $7.99 or above. Digital imprint books vary in pricing.
DRM None for Carina Press titles. Yes for Harlequin titles. Yes except for a select few sold through All Romance.
Reader to Reader lending Yes for Carina Press titles. No for other Harlequin titles. No.
Available worldwide Yes because generally all Harlequin contracts with authors were for worldwide distribution. No. Each contract with each author is different. Authors may choose to hold or sell rights in different countries. And even if they do sell world rights sometimes the publisher will sit on them and not push the book out into other regions. This is known as geographic restrictions.

There are some other intangibles. Harlequin has made a concerted effort to provide diverse content, offering Asian and African American protagonists. While having its own category line is problematic in some aspects, the Kimani categories have provided increased exposure to AA authors and protagonists. Harlequin in recent years has included multi ethnic characters outside the Kimani line.

Harlequin is also in a unique position in that it is one publisher that has sold direct to consumer successfully and because of that has a better understanding of readers. They were one of the first to digitize its backlist (2011) and make the frontlist available digitally (2007).  They believe in putting their content where the readers are including at nearly every retailer including small ones like All Romance and in libraries. While it is still a publisher, it’s a fairly reader connected one.

We don’t know how this acquisition will change for readers. It may not have any effect.  A year out from the Random / Penguin merger, it seems business as usual for those two entities. Perhaps we will say the same about the acquisition of Harlequin by HarperCollins. But I admit to being worried and I hope that my worries are irrational and that this acquisition will mean continued pro reader policies.