That is my submission at the top of the screen shot.
Thursday, April 24, 2008
Dilbert Mashups
That is my submission at the top of the screen shot.
Wednesday, April 23, 2008
Copyright Clearence Center: Copyright Conference
OnCopyright 2008 will bring thought leaders and change agents together to explore the evolving world of copyright. It’s a unique opportunity to share insights and exchange ideas on where copyright is headed, and how it will affect the future of written works, music and other forms of intellectual property. Register now to reserve your place. The $395 fee includes breakfast, lunch, cocktail reception and conference materials. For more information, contact the conference organizer at (978) 646-2691 or events@copyright.com.
REGISTER NOW http://www.oncopyright2008.com
OnCopyright 2008
hosted by Copyright Clearance Center
May 1, 2008
Union League Club New York, NY
www.oncopyright2008.com
This one-day event will focus on four themes: Art, Society, Technology and Law. Speakers include:
SUZANNE VEGA Singer-songwriter
PAUL HOLDENGRABER Director, Public Programs The New York Public Library
GIGI SOHN President & Co-Founder Public Knowledge
STANLEY PIERRE-LOUIS VP and Associate General Counsel, IP & Content Protection Viacom Inc.
CLAY SHIRKY Author Here Comes Everybody
JIM GRIFFIN Warner Music
MARK TRIBE Assistant Professor, Modern Culture & Media Studies Brown University
PAUL FAKLER Partner Moses & Singer LLP
DOUGLAS RUSHKOFF Author, Teacher, Documentarian
TIM WUProfessor Columbia Law School
MICHAEL W. CARROLL Professor of Law Villanova University School of Law
JONATHAN LETHEM Bestselling Author, Novelist, Essayist
ALLAN ADLER VP, Legal & Governmental Affairs Association of American Publishers
KEVIN O’KANE President & Founder Red Lasso
MATT MASON Author The Pirate's Dilemma
Borders Stickers Books - Why?
I don't buy a lot of books in bookstores anymore -- I'm an ebook man -- and when I do, I generally patronize Barnes & Noble or an independent. So when a colleague a couple of days ago walked in with a couple of books he'd bought at Borders and pointed to the stickers on each book and said "hnh?", it recalled a bit of book retail history and some considerable irony.
It is obvious, or should be, that for a bookstore to be stickering every book is evidence of a pretty dumb supply chain. Every book has a bar code with a price extension. This is extra work that should just not have to be done.
It was the early 1970s when the B. Dalton chain introduced point-of-sale capture at the cash register. This was only a few moments after the invention of the ISBN and before there was any cash register technology for "reading" by scanning. So it was complicated to do this.
The way it worked is that each title Dalton bought was assigned an SKU number. When the buyer in Minneapolis made a purchase decision, stickers were generated for the books and sent to the store. When the books came in, they were stickered before they went to the sales floor. There were "holes" in the system, of course: when a store bought a book from a local wholesaler, they often would put a "dummy" sticker on that got them past the cash register but didn't record the specific book being sold. But the system delivered information that was light years ahead of what any chain retailer had ever had before and rapidly pushed B. Dalton ahead of their competition at the time, Waldenbooks, and particularly so in the sale of steady-but-slow backlist.
It was a revelation at the time to learn that the sale of six copies a week across all stores (in a multi-hundred store chain) was a "hot" title and that sales of six titles a month got you on the "warm" list. That introduced some real perspective to how books move. Or don't.
For a few years, Dalton operated with knowledge of what was selling and Walden didn't. Then, in the later 1970s, "machine-readable" typefaces were invented, which I think were called OCR-A and OCR-B. Harry Hoffman had taken over as head of Walden by then -- he who had introduced the microfiche reader at Ingram a few years before -- and he told publishers that, as of a certain date (I think this was about 1980), Walden would require that the ISBN be printed on the books in a readable font. And suddenly, Walden leapfrogged Dalton. Dalton had invested in a system that required a unique number (their SKU) and stickering and punching those numbers into the cash register. All of that was sidestepped by Walden, which only had to scan the readable ISBN (or punch in the ISBN if it weren't readable.) No stickering. No unique numbers.
The irony today is that Barnes & Noble, which owns (and is closing) B. Dalton, has a great supply chain that requires no stickering. And Borders, which owns (and is closing) Walden, has a poor supply chain which requires them to put their books into a "flow-through" warehouse to be stickered before they can go to the stores.
Tuesday, April 22, 2008
Voyager to Take $45mm Charge
Mr. Surratt went on to note the status of several lawsuit against the company but there is little change here since the last update in November. He was joined on the call by Ron Klausner, President, and Brad Almond, CFO, of Voyager Expanded Learning.
On an operating basis the company appears to be performing consistently and is stable given a challenging operating environment. Mr. Almond commented on the full year results:
In his comments, Mr Klausner concluded the call with a number of comments about the operating environment faced by the company.For the fiscal year ending December 29, 2007, the Voyager operating business had preliminary revenue of $110 million, earnings before interest and taxes, or EBIT, of $8 million and earnings before interest, taxes, depreciation and amortization, or EBITDA, of $30 million. These three results each fall within the guidance we gave in November. This compares to 2006 preliminary revenue of $ 115 million, EBIT of $ 6 million and EBITDA of $ 30 million.
We have a terrific track record in developing capabilities that address very difficult problems. While some of our competitors are creating uncertainty and doubt about us as a result of the board's decision to consider strategic alternatives, we are encouraged by how well these new capabilities have been received in the market. Based on the explosive growth in usage of Ticket to Read and the early feedback on the redesign of Passport, we continue to be optimistic that our focus on researched based curriculum, high levels of implementation support, embedded professional development, and web based practice will be rewarded.The company expects to continue their gradual operating improvement with anticipated 2008 revenue in the range of $111 to $119 million, EBIT between $6 and $10 million, and EBITDA between $28 and $32 million.
Call Transcript
Monday, April 21, 2008
Amazon.com and Book Pricing
Amazon stirred two controversies in the past couple of weeks. A lot of attention was paid to the one concerning print-on-demand, where they did an arm-twist to get publishers who use the capability to set their books up at BookSurge, even if they were already set up someplace else, most likely Lightning. I have expressed my concern on behalf of publishers about that policy which, although characterized as a mere attempt to be customer-friendly, should be a matter of great concern to Amazon's suppliers.
The second controversy, however, is a bit more complicated and, to my way of thinking, Amazon's position is considerably more justifiable. That was Amazon's suggestion that they will interpret the price at which a publisher sells directly as the "real" retail price, on which discounts to them should be based. This recalled for me a 10-year old industry conversation and, in doing so, showed me the sense in Amazon's position.
In the 1990s, the suggestion that retail prices should come off the books became pretty vociferous. Bernie Rath, then the pioneering (and publishers and big retailers would say, "troublemaking") Executive Director of the American Booksellers Association was among those making the case. In a nutshell, Rath and some very sophisticated and successful booksellers made the argument that it was a mistake to "cap" the retailer's margin with a printed price, above which they then obviously could not charge. The argument was that retailers in every other field adjusted their prices to the neighborhood, reflecting both the cost of real estate and the local community's ability to pay. By limiting booksellers' margins, publishers were, in effect, limiting the number of outlets that could sell their books.
At that time, there were two "most popular" arguments against the idea. One was that booksellers, by and large, benefited from the prices being on the books. It saved them the effort and cost of stickering prices themselves; it relieved them of the responsibility for prices in the eyes of their customers, who could clearly see the price was printed before the bookseller got the book; and it dramatized any discounting the bookseller cared to do. Because book clubs were a more important component of a publisher's sales at that time, they represented another constituency that supported the printed price because it emphasized their own cut-price offers. And booksellers could live with that discounting because book club membership was constricting; it was not about buying what you want when you wanted it.
At the time, I often made a third argument, which I believed was the most important even if it wasn't the most ubiquitous. Publishers have always been willing to sell any book they publish to any consumer who asks for it. At the time, it was absolutely routine that those sales would be made at the full publisher's retail price, plus some charge for postage and handling. In that way, publishers respected the reality that some of their books might not be widely available (remember, even after there was an Amazon, there was a period before most people had regular internet access and a comfort level about using it), but avoided "competing" with their retailers.
I pointed out that this practice meant there really IS a publisher's price, so the question narrowed to whether it would be revealed to the consumer on the book, or not. And the retailer who decided to sell the book at a price higher than the publisher's price -- which, even at the time seemed more of an imaginary than real opportunity -- would be taking the risk that his/her customers would soon know they had been gouged because either they or somebody else might let them know what the publisher's price actually was.
How times have changed. And two aspects of this equation have really changed with it.
First of all, no bookseller today would anticipate being able to sell a book at higher than the publisher's retail price. There are already consumers walking around bookstores with handheld computers checking prices online while they shop in the store. And, as we all know, prices online are never going to be higher than publisher's suggested retail, whether printed on the book or not.
But, secondly, many publishers now sell to consumers aggressively through their web sites, and price offers are part of the effort. So while the old bookseller arguments for taking the prices off the books are no longer valid, neither is my rejoinder. Time has passed both arguments by.
But Amazon is making a good argument here, and it is one that B&N and other retailers, and, by extension, all wholesalers, will likely join them in pressing on publishers. The price printed on the book really means nothing if the publisher doesn't sell at that price. All it becomes, then, is a basis on which to establish prices to intermediary customers; it is no longer a meaningful price to the consumer, "suggested" or otherwise. And if the longtime industry convention that prices to intermediary customers is pegged to the price charged (presumably by the publisher) to the consumer, then the discounts should be calculated from the publisher's consumer selling price.
We have not heard the last of this argument. Publishers selling direct to consumers better be thinking this through very carefully.
Mike can be reached at mike (at) idealog.com.
Sunday, April 20, 2008
Sunday Links: London, Sex and Origami
From Lyall's article:
But it is better to visit, if only for the joy of seeing the landscape of your imagination come to life. How thrilling to happen upon Pudding Lane, where a bakery mishap led to the Great Fire of 1666, after reading Pepys’s account in his diaries. Or to wander along Baker Street, where Sherlock Holmes once fictionally solved the unsolvable. Walk across London Bridge and gaze down, toward Southwark Bridge: this is the stretch of the Thames where Dickens’s sinister characters dredged up corpses in “Our Mutual Friend.”
In my early fun-filled days at Bowker (contrasted with the later years) we used to joke about publishing a BIP/sex & erotica edition since a) there were many titles in the database under those subjects and b) we knew it would sell. It's probably a good idea it remained a joke but Rupert Smith in the LATimes reflects on his experience writing and selling titles in this active publishing segment.
The fact that erotica sells so much, and so widely, suggests that it's really just like any other type of genre fiction -- doing a job for an audience that knows what it wants and where to get it. Crime, horror, sci-fi and romance authors set out their stalls in very similar fashions, offering a mystery, or a fright or a flight into fantasy. The porn writer's offer is just as simple: I'll deliver two good orgasms per chapter (or one, for readers over 40), along with a rattling good plot that will get you to the next sex scene, some likable characters and a big dollop of humor.I found it interesting that two traditional print based travel map publishers are battling over who owns the rights to maps that use the ancient art of Origami. Am I going to have to consider how I fold my mapquest printout? Link.
Compass, which produced the official map for the Athens Olympics and is hoping to produce the official one for Beijing, was recently granted European patents for the maps. The case comes amid concerns about the growing cost of commercial litigation.So, Compass (who are fighting Langensheidt) got a patent for an origami technique...?
Things aren't going so well for the owner of Harlequin. Torstar announces they are cutting 160 jobs and taking a restructuring charge of $21mm. These reductions will all be in the newspaper division (as you might expect). Link
Saturday, April 19, 2008
Blurb Again
From the article:
Today, Ms. Leendertse still turns a pile of pictures and paragraphs into bound books, but instead of working just for a roster of major publishers like MIT Press, she helps individuals create books. She is participating in an offshoot of the scrapbooking phenomena, the hobby of collecting and preserving photos and mementos. What was once a pastime for mothers recording family memories for their children has blossomed into a new, fertile marketplace of collaboration. People with stories to tell are creating personalized books filled with pictures, blog entries and even business proposals. While some of these glorified scrapbooks are aimed at the world at large, many new titles were never intended to be sold in stores or marketed in any way. For instance, architects submitting bound proposals for their projects have used some of the scrapbooking tools.
More Vibrant Less Cynical
"With the London Book Fair inspiring budding writers, Rachel Harvey looks at the best ways to get published."
Link
London All The Time
"A circular photo gallery on London's Southbank is capturing images every five seconds for three days. Gabby Shawcross and Jason Bruges designed the memory project, which is touring the UK."
Link
Thursday, April 17, 2008
WH Smiths
From the TimesOnline:
From the Press Release:WH Smith today gave a cautiously optimistic forecast for the rest of the year despite falling sales elsewhere on the high street after the 215-year old newspaper and stationary retailer reported profits above expectations and lifted its interim dividend by 24 per cent. Shares in the company rose 5.25p to 371p in early trading after it revealed pre-tax profits rose by 8 per cent to £64 million for the six months to February 29. City analysts had expected profits between £59 million and £63 million for the period.
KEY POINTS
• Group profit before tax up 8% to £64m (2007: £59m). Profits from trading operations are £50m1 in High Street and £17m1 in Travel.
• Group total sales up 2%, with like-for-like (LFL) sales down 2%, reflecting our strategy to
rebalance the mix of our High Street business towards our core categories:
• Travel total sales up 14%, with LFL sales up 1% (excluding tobacco, LFL sales up 3%)
• High Street total sales down 2%, with LFL sales down 3%
• Gross margin improved by 70 basis points year on year.
• First half High Street cost savings of £4m delivered, in line with plan.
• Good progress with return of £90m of cash to shareholders through a special dividend and on market share buyback programme.
• Strong free cash flow of £61m.
• Underlying2 earnings per share of 26.9p (2007: 25.8p).
• Basic earnings per share of 28.3p (2007: 26.7p).
• Interim dividend of 4.6p, up 24% on last year.
Commenting on the results, Kate Swann, Group Chief Executive said:
“We have delivered another period of good profit growth, with Group profits3 up 8%. We have seen further strong performance from Travel with substantial progress in new business development in the hospital, air and motorway channels. In the High Street, we successfully continue to deliver our strategy to rebuild our authority in our core categories."
Borders 10K Report
To the extent the company has operating issues they appear to have managed their way into them. The high costs of the Borders rewards program and the increasing costs of store occupancy costs are having a significant impact. Again, however the negative result of both of these items derive from management decisions on strategy. Pulling back on the promotions would enable the company to improve gross margin. Occupancy is a little more complicated and I suspect this is the real nub of the company's problem. The company has lost $113mm in gross margin between 2006-2008 (3%pts). In retail that is a lot to give up. Difficult to understand is whether the cost of the added bonus program has been covered in revenue growth. Revenues have gone up but the report doesn't tie one to the other directly.
Occupancy costs are also included in gross margin and the company has many long term lease obligations. It is likely that revenues are not growing fast enough to cover the rent escalations and this situation will grow worse over time. Borders has 435/509 store leases with terms that expire after 2014. If Borders can't aggressively grow top line revenues faster than these fixed occupancy costs they will continue to erode gross margin. Walden is in slightly better position with the majority of store leases expiring within 10 years. Borders can and is closing Walden stores because the leases are coming due.
The short and long of this evolving story is that we will know the fate of Borders by year end.
Here are some other highlights from the 10K:
- Opened 18 new stores in 2007
- $228/avg sales per sq ft
- Avg sales per superstore $8.6mm
- 541 Superstores (US-509, Oz-22, NZ-5, PR-3, Sing-1)
- 490 Walden stores
- 112 Paperchase stores
- Avg store sq ft is 7% less than their existing average (no explanation)
- Plan 14 concept stores in 2008
- Walden Avg sales/sq.ft: $299
- Walden avg sales/store: $1.1mm
- International: avg sales/sqft $381
- International: sales/store $8.3mm
- Closing 1 of 3 distribution locations in TN and expanding OH
- Interest expense up $13.2mm to $42.9mm in 2007
- Consolidated sales up $8.1mm due to new openings. Comp stores sales down 2.2% due to book sales decline
- Walden comp down 7.1%
- International comp up 0.1%
- Net cash from continuing operations 2007-$101.5mm, 2006-$38.7mm, 2005-$161.2
- Net cash used for investing: 2007-$123.1, 2006-$153.8mm, 2005-$57mm
- Borders retains some off balance sheet items related to leases for their sold UK store operation
- L/T liabilities to $350mm from $313.2mm
Wednesday, April 16, 2008
Authonomy From Harpercollins
Making Information Pay
Making Information Pay Conference 2008: Experimentation and Innovation in the Digital Age is just weeks away. As an added value to this year’s conference we’ve put together 10 in-depth case studies based on recent publishing experiments in sales, marketing, and digital publishing.
Attendees of Making Information Pay 2008 will receive a free printed copy of the complete set of case studies and hear many of the experimenters discuss what they’ve learned and answer questions about how it affects your business.
To reserve your copy, register now at: http://www.bisg.org/conferences/mip5.html
Michael Healy
Executive Director
Book Industry Study Group
FROM: Hachette Book Group’s “Light DRM” on Audiobooks
Based on an interview with Neil DeYoung, Director of Digital Media, and David Stack,
Senior Manager, Digital Media, Hachette Book Group USA
Neil DeYoung and David Stack face a complex strategic challenge. Like other publishers with extensive audiobook lists, Hachette sees a distribution supply chain limited to two retailers (iTunes and Audible) that support the consumer-favorite iPod device with copy-protection digital rights management (DRM). There is real incentive to figure out how to diversify the distribution channels and give the consumers what they want.
Distributing digital audiobooks in MP3 format without copy-protection DRM would allow consumers to play audiobooks on the iPod and any other device, and open the door for additional distribution channels, but it carries the risk of piracy or rampant unpaid re-use. Hachette’s senior management is very concerned about piracy and felt it necessary to evaluate the risks of distribution without copy protection. HBGUSA is conducting a test, which hasn’t been simple and isn’t cheap. But the results so far have been encouraging and although they are not definitive, they support the idea that distribution without copy protection might not lead to widespread piracy of audiobooks.
For the full text of this and 9 other case studies of recent publishing experiments, register for Making Information Pay 2008 today!
Georgia State Sued For Copyright Infringement
Many will admit that the educational publishers as a group are not moving fast enough to replace their print versions with electronic databases but fear of entering the 'valley of death' prevails. The 'valley of death' is the graphic depiction of what will happen to your revenue line as you proactively make a transition from print to digital. If you are lucky, after 3-4yrs you will regain the revenue you had in the year before you attempted to transform your business. Ultimately, the business becomes stronger and more flexible in the manner in which the publisher can seek new markets and business development. It's just that the valley looks so horrible (and no one will make their bonus) that discourages the publisher. This is the transition we went through at Bowker in the early 2000's with the added benefit that we actually had a business at the end of it.
Three publishers (and notably not AAP) have sued Georgia State for allowing course material to be made available to students that goes beyond 'fair use'. In the NYT article Brewster Kahle is looking for "innovation" but this is just plain steeling. Simply because the materials are not available in the form they want gives them no right to scan it and place it on a network. This case is no different than the Kinko's xeroxing case almost 20 yrs ago. All institutions have it in their power to set standards and policies that protect the rights of publishers. After all, many of these infractions occur on the university's computer networks. Too many universities appear to disparage the property rights of others and with not much more than a 'nod and a wink' regarding 'fair use policy' to facilitate this activity.
Tuesday, April 15, 2008
Harry Potter and the Rule of Law (1)
I can’t help thinking that to a great extent our perception of the merits of this case are clouded by the fact we know JKR is a mega-bazillionaire. Afterall we conclude, hasn’t she made enough already? Even their front page Daily News today basically called her a whiny cry-baby. I think this is entirely unfair. Regardless of how much she has made she still has the legitimate right to claim infringement and no one should begrudge her that right because of the size of her bank account. And we shouldn't root for the underdog because they are battling the odds either. This particular case is murky for a number of reasons not least of which she appears to have approved of the web site (from which the lexicon is to derive) although it seems to me that she was only encouraging a fan.
Disney has always been known as aggressive in defense of their intellectual property and characters. They are the gold standard representatives of the theory that aggressive defense is the only form of maintaining and retaining copyright. JKR will say the lexicon is both a copy of her work AND of crap quality but like Disney she is ensuring any future defense of her copyright. After all, something much bigger may come up and she is preparing for that possibility by killing this one off. Even if she looses she is establishing a track record of defense. If she allows third parties to use her property without attempting to stop them it is easier for future judges to point at this inactivity and side with the 'infringing party'.
Also mentioned in the 'conversation' was a post from Print Is Dead guy Jeff Gomez (Admittedly his title might be better than mine). This is part of what he said but you should read the whole post:
In Rowling’s case, her books are going to sell no matter what. But if she’s allowed to succeed in stopping RDR, think about all of the books about books (not to mention books about movies and plays and music) that won’t get written as a resultI believe Jeff is off the mark here. There are numerous ways in which a copyright holder like JKR can loose a case and a third party can create 'a separate and new work' which can be used by adoring fans everywhere. There are also ways to do this by avoiding the threat of the law entirely. In this case there appears to be a question of quality and plagiarism although the Judge will decide.
Digital Stuff: Random House, Macmillan, Penguin
Other publishers with digitial news includes Penguin who let it be known they will adopt the .epub IDPF standard for ebooks and release all their titles in this format beginning later in the year.
Over at Macmillan they are experimenting in a number of different ways to create extra value with an e-version of a printed work. (At some point they become entirely different of course). This notion is similar to my suggestions in what to do about Amazon.com but the nice people at Thedigitalist actually have an example:
The idea that a special edition eBook can contain marginal material produced before, during, or after a print edition features in two other eBooks to be published by Picador this year. Sid Smith’s China Dreams, which we published in hardback in January 2007 and in paperback in January 2008, will be issued in a uniquely up-to-date edition, in the author’s latest version, with corrections, changes, and new material, and a foreword in which he considers the process of composition and revision. Cliffhanger, by T. J. Middleton (the alias of our established Picador author Tim Binding), takes this idea in the opposite direction: alongside the print edition, which we publish in October 2008, will be an urtext: a composite version of the novel as it was before it was edited here at Picador, with the text in its original form, reinstated and modified scenes and characters, and a radically different ending, also with a foreword by the author explaining the urtext’s conception and the editing process that turned it into Cliffhanger.
I am sure much more to come.
Monday, April 14, 2008
Travelling Man: Thomas Kohnstamm
As you might imagine, this info seems to have put Lonely Planet on the defensive. Lucky Thomas may have generated more interest in his title than he may otherwise have deserved but it turns out he may have embellished his writing assignment. According to LP, they say he was only asked to cover the history of Columbia so there was no reason for him to visit. What of the rest of the book then?
At Berlitz we published travel guides which were updated every three years or so. (Many were on a cycle longer than that). The company also had stringers in most locations and these people helped us update the titles when they came up for review or reprint. In today's age it is inconceivable that any publisher could get away with publishing travel guides that were inaccurate for the simple reason that we have the internet! People love pointing out when you publish wrong or inaccurate information and they aren't afraid to broadcast the news to everyone.
My Wall Street Journal!
(Fake, but funny; especially the bit about Roger Ailes).
Machine Publishing
Mr. Parker has generated more than 200,000 books, as an advanced search on Amazon.com under his publishing company shows, making him, in his own words, “the most published author in the history of the planet.” And he makes money doing it. Among the books published under his name are “The Official Patient’s Sourcebook on Acne Rosacea” ($24.95 and 168 pages long); “Stickler Syndrome: A Bibliography and Dictionary for Physicians, Patients and Genome Zesearchers” ($28.95 for 126 pages); and “The 2007-2012 Outlook for Tufted Washable Scatter Rugs, Bathmats and Sets That Measure 6-Feet by 9-Feet or Smaller in India” ($495 for 144 pages).The variation in publishing segment, tiers of publishers and the increasing numbers of new variations (or definitions of publishing) in publishing models is generally obscured by the headline grabbing "200,000 new titles published" in {fill in year}.