- Observations on film art - https://www.davidbordwell.net/blog -

Rights to revert to author

[1]

In the Mood for Love.

DB here:

“They never tell you that.”

My neighbor Jim Cortada is a polymath. He joined IBM in the 1970s, when history Ph.D.s faced bleak prospects for academic jobs. Since then Jim has done everything from selling mainframes to leading seminars on quality management. As a business guru, he writes books on management strategy and tactics. He also writes both popular and academic books on the history of information technology. He finds time as well to write books on his grad-school specialty, Spanish diplomatic history.

Jim’s Amazon listing [2] consists of fifty titles. He has worked with publishers as small as Lulu and as big as Oxford. So when he talks about the nuts and bolts of publishing, I listen. His reaction to what happened to me recently is as succinct as it as accurate: They never tell you that. Put into proper context, it’s good for young academics to keep in the back of their minds.

The Syndics speak, after prodding

[3]

14 Amazons.

Early this spring, when my royalty statement from Harvard University Press arrived, I noticed an anomaly. From early 2000 through the end of 2007, Planet Hong Kong had sold about 7000 copies. The average, about 800-900 copies a year, isn’t much for trade books, but fairly solid for an academic title. Perhaps courses on Hong Kong film were using it as a text.

But the newest royalty statement brought me up short. In calendar 2008, the sales dropped off the cliff. Harvard shifted only 85 paperback copies and virtually no hardcovers.

[4]Naturally, I blamed myself. People were losing interest, or the book wasn’t good enough to sustain an audience. But then I noticed that Amazon was offering the book only from third-party sellers. I checked Barnes & Noble and Harvard’s own website; both claimed to offer new copies. So I assumed that some long-term glitch at Amazon was leading to declining sales.

So about six weeks ago I tried contacting my editor at Harvard. Getting no email replies, I left phone messages. No response.

Mossbacks among you will recognize this as a danger sign. When an editor doesn’t reply, it’s not good news. So a call to Harvard’s editorial offices brought the promise of a prompt response. An email from a good-natured staff member there gave me the lowdown: Planet Hong Kong was being taken out of print. There were too many pictures to make a reprint edition worthwhile, someone had decided. Exactly when was that decision made? That matter was left vague, but I was told that the process of transferring rights to me had already begun.

Actually, I was a little surprised at that. Transferring rights back to the author is an old-media custom, but today, when “multiple platforms” are the new business model, there’s no reason for a book to go out of print. Publishers can keep selling a book through print-on-demand or in digital copies. Why Harvard’s decision-makers chose to revert the rights to me remains a bit of a mystery.

In any event, now the 2008 sales slump made sense. Only 85 copies of PHK were sold that year because in all likelihood Harvard, having decided not to reprint, was simply exhausting its stock of copies. On the basis of past performance, those sad 85 copies probably sold fairly early in the year, so there’s reason to think that the decision not to reprint was taken at some point in 2008, perhaps quite early. Yet I wasn’t informed of the decision until I inquired in 2009.

I’m not complaining that the press declared the book out of print. The press, or rather a mysterious entity called The Syndics, owns the rights, and they can do with it what they like. In signing a contract, I gave The Syndics the power to declare the book out of print the day after publication, had they wanted to. We authors count on a press to be motivated by the desire to sell books, so we trust its leaders to make good judgments on the matter, but the choice is wholly theirs, and I don’t contest it.

Nor am I complaining that I wasn’t consulted about the decision. Editors and press directors never tip their hand, for the very good reason that the author has no contractual say in the matter. And telling can only cause trouble, because authors have an annoying desire to keep their books in print.

In particular, academics relish prolonged disputation. If you’re told that your book might be headed for landfill, wouldn’t you launch an ambitious plea for reconsideration, complete with references to all the people you know who love the book and reminders that generations yet unborn will be eager to absorb your ideas? (Quotes from favorable reviews optional.) If tension rises, you can always murmur about feeble marketing efforts and a risibly high cover price. It could all get nasty, and the conclusion is foregone anyhow.

So when the publisher is mulling whether to drop your book, don’t expect to have a vote. But once the press has decided to drop it, why the reluctance to tell you?

I’m the one who’s supposed to kill my darlings

[5]

Shanghai Blues.

I’ve now had six books go out of print. Correspondence with regard to two of those, back in the 1970s, is lost in the mists of time. Of the four most recent instances, I was told many months after the decision was made, and by the most impersonal of letters—not from my acquisitions editor but from somebody in the cloisters of marketing or production. In the current Planet Hong Kong case, and in an earlier instance, I learned of the book’s fate only because I inquired. Who knows when I would have been told?

Nobody likes to give bad news, and university press staff members are unlikely to be flint-hearted business people. Editors are affable and solicitous; I’ve found them good company. They work long and hard on often fruitless projects: proposals that never turn into manuscripts; manuscripts that can’t get through the vetting process; manuscripts that fall hors de combat in editorial meetings.

And academic writers are almost sadistically inconsiderate. Once professors get their book contract, they behave like their students, trotting out excuses that they laugh about in the faculty pub. They ignore deadlines, word counts, permissions—in sum, everything they signed the contract to honor. Yet these antics are tolerated with remarkably good humor. If university book editors had a taste for blood, they’d be trade book editors. Or agents.

More broadly, it seems to me, university presses are under unique pressures. The good side is that they are a business that can’t go out of business. Even in hard times like these, a university press is unlikely to be shuttered. The blow in prestige and faculty morale would be severe. So most presses limp along. Since most of their costs are bound up in salaries, wages, and benefits, the only area that can feasibly be trimmed is marketing.

Furthermore, and too few young scholars realize this, every press plays a crucial role in the tenuring process. A humanities professor teaching in most universities and many colleges typically needs to publish at least one through-written book to support a case for tenure. There is thus a vast demand that some entity publish said books. The problem is that an academic can deftly write a book that virtually no one wants to read, let alone buy. So university presses are, in effect, subsidizing the tenure process.

Seen from this angle, university publishing is a system of reciprocal altruism. The University of West Overshoe Press publishes Professor Smith’s book on cultural resistance in Girl Scout parade floats. Professor Smith is thereby on his way to tenure at his school, the University of Rising Damp. At the same time, the URD Press publishes Professor Jones’ book on sexual transgression in Futurama. Professor Jones resides at Shattered Tibia State, whose press has just accepted a manuscript (on Wittgenstein’s use of prepositions in the Tractatus) from Professor Johnson. . . who teaches at the University of West Overshoe. I’ve abbreviated the cycle, but you can see that eventually, like the spirochete in Professor Pangloss’s song in Bernstein’s Candide, everything circles around. Any one university press is supporting employment at other universities.

So I’m entirely in sympathy with university presses. And the process, eccentric though it sometimes seems, can produce good books. But presses need to deal more straightforwardly and promptly with writers when a book’s fate has been decided. Jim Cortada is right. They never tell you that. But they should, and pronto. For then you can make plans.

Planet Hong Kong 2.0

[6]

Shaolin Soccer.

The lesson for young scholars is simple. Expect that your book will go out of print. Some books will pass over to print-on-demand or digital versions, but it doesn’t hurt to expect the worst. And a book can go out of print surprisingly fast. (The original British edition of my book on Ozu lasted only about two years.) You may learn of your work’s passing by accident, as I did, or through more direct notification, but you should think about your options.

You can simply let it go, accepting the press’s rationale that your book will remain available in libraries around the world for decades. Or you can wait for Google or Amazon to get around to digitizing your work.

Yet an out-of-print book is like a child limping home after a few rough encounters with the world. You might feel duty-bound to take care of it somehow. How?

First step in salvage is to make sure pre-print materials have not been destroyed. Most contracts require that these be returned to you if you regain the rights, but publishers, speedy in so little else, can dump physical production materials in the blink of an eye. In the old days, those materials usually consisted of rolls of thick celluloid, three or four feet wide and very long, on which the pages were printed like panels on a vast comic strip. (Several of these monsters lie pod-like in my basement.) But now most books are stored on computer files, often as PDFs. Copies of those should be returned to you.

Until recently, resuscitating your book came down to trying to find another publisher. I’ve had luck with this tactic only once, with The Cinema of Eisenstein—first published by The Syndics in 1994, yanked out of print in the early 2000s, brought back by Routledge in 2005. Republishing was always rare and is now nearly nonexistent; presses can’t afford to bring out a book that may have saturated its market.

Now, though, there’s another way to revive your sickly child.

For some years I’ve argued that most “tenure books” should be published only in digital form. But university presses have been reluctant to try such an idea, since an online book might not satisfy tenure committees. The best plan would be for some well-respected university press to lock in a vetting process for online publication as rigorous as any for print books. It seems that the University of Michigan Press [7] has begun to do this. Once the model proves its value, and once problems of piracy are solved, the practice could catch on fast. For many books I own, I’d be happy to have PDF files on my computer. There should be big cost savings and, we hope, lower purchase prices—maybe even through selling separate chapters. Like music CDs, many books have only a few chapters you want. We can look forward to the iTune-izing of academic writing.

Yet if university presses need to be cautious about online publishing, the individual scholar doesn’t. The tactic is simple: Plan to put your out-of-print books on the Web.

Some authors may prefer to take existing PDF files or make new ones from the book’s pages, and add a fresh introduction. That’s essentially what Marcus Nornes and his colleagues helped me do with Ozu and the Poetics of Cinema [8]. We also tipped in new color images.

The alternative is to revise your book and post a second edition online. It’s a lot of work, but then you could probably charge something for it.

As for Planet Hong Kong, I’m still mulling my next step. Perhaps a publisher will be interested in a new edition, revised, corrected, and updated. Alternatively, I might prepare Planet Hong Kong for downloading on this site. Unlike the original, it could have color illustrations. I have to say that I find this option intriguing.

If you want a used copy of the old edition of PHK, about a dozen are available here [9]. Once dealers learn it’s out of print, they may raise their prices. In any event, I hope to bring the book back in some form. Don’t say I didn’t tell you.

[10]

PTU.