Simon & Schuster's Response to Author's Guild

-- Publishers Weekly, 5/22/2007 7:59:00 AM

S I M O N & S C H U S T E R

1230 Avenue of the Americas
New York, NY 10020
212-698-7000

TO OUR COLLEAGUES IN THE AUTHOR AND AGENT COMMUNITY

The Authors Guild has recently perpetrated serious misinformation regarding Simon & Schuster, our author contracts and our commitment to making our authors’ books available for sale. Unfortunately, these distortions were released by the Authors Guild without their having undertaken any effort to have a dialogue with Simon & Schuster on this topic.

In recent years, Simon & Schuster has accepted, at the request of some agencies, contract language that specifies a minimum level of activity for print on demand titles. Our experience with the current high quality and accessibility of print on demand titles indicates to us that such minimums are no longer necessary. Our position on reversions for active titles remains unchanged. As always, we are willing to have an open and forthright dialogue on this or any other topic.

When considering this issue, we ask you to please keep in mind these important points:

· Through print on demand technology, publishers now have the ability, for the first time in history, to actually fulfill the promise which is at the core of their contracts with authors – to keep the author’s book available for sale over the term of the license.

· We view this progress as a great opportunity to maximize the sales potential for slow moving titles, and some of the best news for authors and publishers in a long time. The potential benefit for all concerned in incremental income for the publishing partnership far outweighs any imaginary negatives purported by the Authors Guild.

· We and others are investing heavily in digitization so that authors and publishers can reap the maximum benefit of publication over the long term. New technologies including print on demand will extend the life of a book far beyond what has been possible in the past.

· Contrary to the Authors Guild assertion, using technologies like print on demand is not about "squirreling away" rights, nor does it mean that "no copies are available to be ordered by traditional bookstores." Print on demand is simply a means of manufacturing a book, making it widely available to retailers and consumers.

· Publishers must and will continue to invest in sales and marketing organizations that work on behalf of its books regardless of how they are manufactured. Among the activities that publishers regularly undertake for backlist titles:

Keeping them available for sale everywhere books are sold, through brick and mortar and online stores.

Our Sales team regularly reviews inventory opportunities with all our accounts.

Distribution of online assets (covers, bios, synopses, chapters) and data feeds about basic information to both online and traditional retailers.

Books are cataloged and regularly featured and solicited in category promotions.

Re-promotion of books to tie in with seasonal and current events.

Re-promotion of an author’s backlist titles together with new frontlist releases.

· Print on demand, digital archives, and virtual warehouses support greater flexibility and effectiveness in making books available. Simon & Schuster has already had instances where a high level of sales activity of print on demand titles has led us to go back to press for larger quantities.

Most importantly, we hope you know that we view authors and agents as our partners in the publishing process. We have always been open to discussion and negotiated in good faith at every point in the life of a book.

Please feel free to contact us if you have any questions.

May 21, 2007