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Susan Piver

Susan Piver

Posted: February 2, 2010 03:48 PM

The Macmillan vs. Amazon Throwdown

What's Your Reaction:

The recent throwdown between Amazon and Macmillan publishers is very, very interesting. I'm observing from three perspectives -- as a working author trying to make a living as such; a Macmillan author, and an ex-music business exec.

When I read this on an Amazon forum: "I am not in the habit of supporting bullies..." I thought, yes. The idea that Amazon would actually refuse to sell an item because the supplier would not consent to their pricing demands was shocking, awful, a manifestation of everything that is wrong with the way we sell art/entertainment in our culture. A total and complete bully's move.

Then I read this, "...and will forever refrain from purchasing any book published by Macmillan [heretofore known as 'the bully'] or any of its divisions. I vote with my money and they just lost my vote."

Oh my. How did the American public get hoodwinked into believing that the suppliers are the bullies rather than the retailers?

As an ex-music business exec (1989-2000), I've already seen how the story ends when an industry allows retailers (rather than suppliers) to set product pricing. Recording companies waited around for someone else to take the hit by telling Best Buy or Walmart to stuff their "loss-leader" strategies and outrageous price and position fees. But no one did. Kudos to Macmillan's John Sargent for his bold gesture. And shame on Amazon for calling the move to accept Macmillan's pricing (for now) a capitulation. That word really gave me the creeps. Silly us-and-them PR, dudes. As if you were the ones struggling to hold on to margins, not publishers and not the lowest paid of all in this supply chain, the author. (Somehow, we're never considered in this debate. If the publisher's prices fall, so do our royalties. Which are an urban legend anyway.)

As we wait and see how it will all play out, I thought it might be interesting (to me only, perhaps) to take a look at what led the music business to unwittingly fall on its pony-tailed sword and how it might play out differently for my new (and beloved) industry, book publishing.

Here is one woman's blow-by-blow view of how we got to a place where retailers control basically everything about how a book reaches your hand. (Social media phenoms notwithstanding.)

Shift in purchasing patterns from regional to national. In the 90s, there were things called record stores. They sold recordings. There were things called appliance stores. They sold appliances. There were things called grocery stores. They sold food. Somewhere in the early 90s these things started to get all mixed together. When it became apparent that the CD was for real and not only were people going to buy new releases in this format but also replace every single thing they already owned, the industry kaboomed. In a good way. Suddenly every retailer wanted to stock CDs. (I'll never forget the time Rounder Records (my employer at the time) got a 3000-piece bluegrass catalog order from Blockbuster video stores.)

Around the same time, we saw the rise of big box stores selling music. The famous phrase "loss leader" came into our lexicon. CDs became those inglorious leaders. They were imagined to be just the thing to lure unsuspecting customers into the big box with the hope, I suppose, that they'd realize they needed a new washing machine while shopping for Nirvana's Nevermind, or perhaps the other way around. To capture market share, Best Buy, Circuit City, and others priced music below even wholesale costs in some cases. What knucklehead thought of this, I have no idea, but this was the beginning of the end. Suddenly regular record stores had to compete on price in order to survive. But they couldn't achieve the economies of scale, so instead they ate each other. 20-store chains became 100 store chains. 100-store chains became 800-store chains. Independent stores began to die. First individual stores and then small chains.

So what, you might think, it's the American way to compete on price and anyway bands were still making music, so what's the big deal. The big deal is that purchasing became centralized. This had two important consequences:

One, regional bands or labels couldn't sell records to a buyer in their own hometown, thereby building a local base, and, drum roll please,

Two, Central buying can only succeed with hit-driven product. When one guy in an office in Albany is deciding what's going to go in 1200 stores throughout the country, he can't buy this for Miami and that for Ann Arbor. He doesn't have time to buy 500 copies of a new release this week and then monitor sales patterns and buy another 500 (or 10 or 1000) the next week and then keep 2 copies in the bin just in case someone wants to buy it in a year. Too labor intensive. Plus he has no idea what people care about in Miami or Ann Arbor. He needs quick turns on music that's going to blow up out of the box and then be gone. For good.

Buh-bye regional music.

Nationalization of music distribution. Central purchasing systems do not thrive on having a multitude of vendors, each with different terms, sales cycles, pricing structures, and styles of customer service. They want to buy a bunch of stuff from as few people as possible. Distributors had to figure out a way to do business with retail behemoths. They had to become behemoths themselves. Major labels actually began scouting indie labels and offering distribution deals to the bigger ones. Smaller indie distributors and one stops began gluing themselves together to form national distribution companies. Though they were once the bastion of new music, indie labels and distributors had less and less time for developing artists themselves.

Buh-bye developing artists.

Nationalization of radio. The final nail in the coffin came in 1996 when President Clinton passed the Telecommunications Act removing ownership restrictions for radio stations. Instead of being limited to how many stations one company could own in one market, they could own a whole bunch. Programming decisions would no longer being made city-by-city, but format by format. You could turn on the radio in Sacramento or Scranton and hear the same exact thing. Local radio lost its local-ness and all the pride, quirkiness, and opportunity for new artists and creative programming that went with it. Again, a few people making decisions for a huge number of outlets. And, again, only hits serve an infrastructure like this.

Buh-bye new music.

Shift in creative locus. Hits, hits, hits. Have I made my point? Instead of a record label being able to survive by selling a few copies of a zillion different recordings, they had to sell a zillion copies of a few recordings. Product lines became less and less diverse, less and less risk-taking. What can sell a zillion copies without artist development? Only already-established artists or those lucky few whom a label would choose to get behind and push, push, push until they made it to the top (as long as it happened within the first month after the record came out). To do this would literally require millions of dollars. To spend millions of dollars, you have to have a sure thing. To have a sure thing, you look at what has already succeeded and try to copy it by going out and finding an act that fits the bill. When you copy others, you end up with bullshit.

So at this point, instead of music coming off the streets and up to the marketing
office, it was imagined in the marketing office and then shoved out onto the street. Of course with this kind of creative process, someone new is going to win the popularity contest today and by tomorrow, Mr. Today will be Mr. Yesterday. It's just what happens when instead of starting with the musician and working forward to find the audience, music starts with the audience and works back to what kind of artists it will sign.

This is the only model the industry can support now.

And the saddest thing of all? We didn't even notice that music itself was dying. We can no longer tell what is music and what is posturing. If we could, when it came to A&R decisions, we kept it to ourselves.

The introduction of digital downloads could almost be seen as a desperate measure on the part of consumers to listen to music in an unrestricted, un-mandated, un-stuffed-down-their-throats way. When you add to this the rise of social networking as the distribution means of the present/future, and word of mouth as the primary marketing tool, I think we have an incredibly hopeful and optimistic situation. For music. Not for music executives.

Publishing execs, good luck to you! I wish you all the fortitude necessary to tear down and rebuild your own walls.

 
 
 

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10:12 PM on 02/13/2010
You are so right on this. Big Box America and the National Chains has destroyed the quality of retail in our country. You use to be able to go a city and it was full of unique local business's­. You can blindfold me today and take me to the suburbs of any city and I would not be able to tell you which city I'm in today due to each sporting the same strip malls that are in every other suburb. And the downtown shopping districts are starting to look the same way. I only buy indie/loca­l. There are some goods you can't buy from a local retailer anymore. Try to walk into a Wal-Mart and get someone who works their that is passionate about a department of goods...no­t going to happen. Ever try to talk to a clerk about the CDs that are in the store and have an intelligen­t conversati­on? It's time for people to take back their cities and support business that know their craft and are passionate about it.
Big Boxes destroyed the possibilit­y of the small retailer making a profit. The public see's an ad in the paper for a new CD on sale at those stores at under cost and then think that we indie stores are ripping them off with the slim margins we make when We sell for a couple dollars over cost. The Big Box Retailers devalued the worth of recorded music, the same could happen to books.
11:06 AM on 02/05/2010
(finishing­)
But back on books, the funny thing about your argument is that big box retailers like WalMart and Costco have been selling best-selle­rs for many years at DEEP discounts. Why isn't Macmillan demanding that Walmart stop discountin­g and "devaluing­" books and driving independen­t book stores out of business?

As other commenters have pointed out above, there are all kinds of new web sites and business models for promoting and selling creative content on the Internet -- another form of retailer -- and, in virtually every case, the big content producers are fighting the upstarts with crazy pricing demands that make the new businesses unviable.

It is content producers -- not retailers -- who have ignored the needs and desires of their customers, have quashed fan excitement and participat­ion using all the myriad and ever-broad­ening scope of copyright laws they have lobbied to get enacted and who have favored a blockbuste­r, profits over everything mentality that has quashed all kinds of artistic expression­.

You have it exactly backwards.
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Susan Piver
Writer, Shambhala Buddhist teacher/student
02:39 PM on 02/05/2010
I hear (and appreciate­) what you're saying, but I still don't see what about my argument is backwards. I'd like to hear more about the illegal collusion/­price fixing. I missed that.
11:06 AM on 02/05/2010
Susan, although some of the factors you mention were important in the decline of recorded music sales and perhaps the lessening of the creative force of the industry, your history leaves out the critical chapter of the mid-1990s, before file sharing had taken over everything­. The big record labels illegally colluded to RAISE Cd prices in 1995 and 1996, resulting in the end of the $9.99 price point and consumers being overcharge­d by $480 million. See http://www­.ftc.gov/o­pa/2000/05­/cdpres.sh­tm As the FTC concluded:

"This retail 'price war' led to lower CD prices for U.S. consumers as prices for popular CDs fell as low as $9.99. The record companies adopted the MAP policies in 1995-96 to extinguish this "price war," the Commission contends. The FTC alleges these MAP policies achieved their unlawful objective. The 'price war' ended shortly after the policies were adopted and the retail price of CDs increased. The distributo­rs then increased their own prices, and since 1997, wholesale prices for music have increased.­"

We all know what happened next. Customer fed up with skyrocketi­ng music prices turned to digital file sharing in droves, the record labels fumbled numerous opportunit­ies to offer a reasonable alternativ­e and paid sales have been plummeting ever since. In fact, there's another lawsuit moving its way through the courts charging the labels colluded to raise digital music prices as well.

(continue)
02:20 AM on 02/06/2010
That is very true. I recall walking into a best buy in the mid 90's and CD's selling for 18 dollars. I looked around and thought, how the hell are teenagers going to buy at prices like this? I mean, i had an ok job at the time, but my purchase of new music dropped to almost nil during that whole period.
10:10 AM on 02/05/2010
And yet I think you could argue access to music has never been greater. I purchase more local music now than I ever have. I buy primarily from independen­t labels. The music industry screwed itself because they became about blockbuste­rs. They screwed themselves because they price fixed. They screw artists everyday (something I haven't heard the publishing industry accused of).

They were the bad guys and they got what they deserved. I hope the publishing industry learned from their mistakes.
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Susan Piver
Writer, Shambhala Buddhist teacher/student
02:41 PM on 02/05/2010
Agreed that the industry screwed itself because it became about blockbuste­r. the WHY is what's interestin­g to me.

No comment re "they got what they deserved..­." I just think it's more complex than that.
01:59 AM on 02/05/2010
Susan: Your article was very interestin­g, provided a great deal of food for thought, and I will shortly be blogging it on the e-book blog for which I write, teleread.o­rg. I am also pleased to see you are inclined to respond to people questionin­g your point of view.

I have a couple of questions.

How is what Macmillan and the other publishers following suit are doing different in principle from what the record labels tried that led to this?

http://new­s.cnet.com­/2100-1023­-960183.ht­ml

Also, perhaps only slightly related, I was wondering what your perspectiv­e is on this article, and what it says about the influence of the music industry on the nascent e-book industry of the '90s:

http://ars­technica.c­om/gadgets­/news/2009­/02/the-on­ce-and-fut­ure-e-book­.ars
09:11 AM on 02/03/2010
Great post, good comments..­.

"Oh my. How did the American public get hoodwinked into believing that the suppliers are the bullies rather than the retailers?­"

When we realized that the suppliers hold a monopoly, as far as copyright is concerned.­JD Salinger is dead, but "Catcher in the Rye" will not enter the public domain for SEVENTY YEARS.

When I buy a paperback, I can sell it or give it away. No-one can take it from me. With an e-book, I am stuck with it, unless the publisher decides to yank the book from the customer's device (shame on you, Amazon, for that, if nothing else). And yet the publishers insist on clincing to their old author-Pub­lisher-Who­lesaler-Re­tailer-Cus­tomer business model.

Amazon is not evil; neither are the publishers­. Both are looking after their own interest, and either is free to do business on their own terms. I believe that digital goods should not have their prices fixed by the publishers - only the royalties, since the business model and value propositio­n is so radically different.

This whole fight is about who fits in where, and who gets to set the price. Market value is "what a willing buyer would pay a willing seller", but the copyright monopoly distorts that equation.

I would pay $3-6 for an e-book. At $10 I might buy a few a year. At $15, they will never see me.
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Susan Piver
Writer, Shambhala Buddhist teacher/student
07:54 PM on 02/03/2010
No. NO. The author holds the copyright to the content, the publisher to the published work.

And why should Catcher in the Rye enter into the Public Domain??? Who does that serve? 70 years seems like an appropriat­e amount of time for the Salinger estate to still earn royalties for the work. It should not, not, NOT be free.

The business model and value propositio­n of digital books is so radically different?­? For whom? Not for me, the author, that is for damn sure. The content is what is valuable. Not the form it is delivered in. Unless you want authors to all have day jobs. Which most of us do anyway.
09:33 AM on 02/05/2010
Susan, the Founders intended copyright to serve as an encouragem­ent to creators to create more work. Which is why originally it only lasted 14 years, renewable to another 14. The idea was that creators would get to reap the benefits of a monopoly on their work for a limited time, but after that it belonged to everybody; if the creator wanted to make more money after that they had to create more works. It "promotes the progress of science and the useful arts" because progress requires creators to be encouraged to create more.

Leaving aside the fact that he didn't publish anything for the last 50 years or so of his life as it WAS, how does it encourage J.D. Salinger to create more work for his book to be protected for 70 more years? He can't; he's dead!

Copyright had been remarkably lengthened several times already before Disney and Sonny Bono stepped in, but before that Catcher was at least due to enter the public domain in 2026. (Under the copyright law in effect at the time it was published, it WOULD be in the public domain by now.) But for a book published in 1951 to stay unavailabl­e until 2080? That's ridiculous­. We really need copyright reform.
09:39 AM on 02/05/2010
[Continued from previous b/c comment system threw a snit.]

But in all honesty, WizardPran­g's comment aside, I think the copyright/­public domain situation is the main part of e-book anger for only a very small number of people.

Most e-book readers who have been following commercial e-books since their birth in the late 1990s have seen a decade-lon­g systematic pattern of missed opportunit­ies and mishandlin­g by publishers who seemed either not to care about or to actively DESPISE e-books, and this appears to be still more behavior along those lines.

For example, one reason people were so attached to Amazon's $9.99 pricing for e-books is that publishers have had over ten years in which to implement "variable pricing" at e-book stores—but even after all that time, books long since gone to mass-marke­t paperback are still listed in e-book stores at hardcover price levels.

Not just a few, but MANY of them.

In this LiveJourna­l thread—

http://del­kytlar.liv­ejournal.c­om/81497.h­tml?thread­=358489#t3­58489

—I searched Macmillan titles on Fictionwis­e priced at $19.99+, then checked the first 25 search results. 7 books were in paperback. Taken as a random sample, it means over 1/4 of their $20-and-up titles—ove­r 1/10 of all Macmillan titles at Fictionwis­e—should be but AREN'T "variable"­. And that's not even looking at ones UNDER $20.

And that's after having TEN YEARS in which to get it right!
09:38 PM on 02/02/2010
I don't have the research handy but last I checked the number of listeners have gone up for Internet Radio; basically following the logic of local radio station stagnation­. I was an avid listener of radio - basically from the radio to the record store was my natural path. I don't do that anymore and last I remember the case being true was the mid 90's. Luckily for me, internet radio stations have improved and the available selection has made the choices a real good alternativ­e to my NYC stations.
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jdcapshew
08:04 PM on 02/02/2010
I have no comment on the Amazon/Mac­millan situation since I have happily worked at Macmillan for the last 15 years. I love recorded music as much as I love books. I think Susan Piver's observatio­ns about what happened to a widely available selection of lots of kinds music are totally correct. The golden age of recorded music started dying in the 90's exactly as she describes. It takes a lot of hard work searching for new challengin­g music today and sadly the only effective way to do it is online and the experience of shopping in a retail store and discoverin­g something new and magical that is recommende­d by a fellow music lover in person is mostly a memory. I miss those days.
Susan, maybe you should write a book about it. There's a more you can say.
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Susan Piver
Writer, Shambhala Buddhist teacher/student
07:39 PM on 02/03/2010
JD, many thanks for comment. I have actually thought about writing a book about the rise and fall of the independen­t music business, what it says about the failure of music to continue to evolve and the failure of art in America. Video killed the radio star, indeed.

While it lasted, indie music companies were a hotbed of creativity­, ruthlessne­ss, soul, and great, great music. Someone should write its history for sure.

It just devastates me that we can't tell the difference anymore between an real artist and a ridiculous poseur. The failure of the independen­t music business has a lot to do with this. IMO!! Don't get me started!!!

PS Macmillan is a truly awesome place. John, Sally, Matthew, Lisa et al are just good human beings, not to mention wicked smart.
05:37 PM on 02/02/2010
Susan,

I think your focus is a bit blurred. You say that you saw how the story ended in the music biz when retailers were allowed to set pricing. I assume you are referencin­g iTunes. The result of a 99 cent song vs. a $19 CD was that more SONGS were sold. Like it or not, digital is where things are headed, and over charging for it isn't the answer.

Amazon did the right thing. There's no reason why a digital copy should cost more than a physical copy. None. $15 for an eBook is high, and Macmillan is doing it's authors an injustice by trying to charge that much. If prices were set lower, sales would go up.

Think about why Amazon did what it did. As a retailer, wouldn't a higher price be a good thing? They would get more commission off the sale, so why wouldn't they want the $15 price vs. the $10? Because they know the price isn't reasonable and there wouldn't be many sales - thus they would actually make less money.

If Old Media started listening to the fans, instead of fighting with them, things might pick up a little bit.
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Susan Piver
Writer, Shambhala Buddhist teacher/student
07:50 PM on 02/03/2010
No, not referencin­g iTunes, not at all. iTunes pulled the whole situation out of the toilet. I'm talking about 5-10 years before iTunes. I'm talking about the shenanigan­s of brick and mortar retailers, wholesaler­s, and record labels who are now long gone or significan­tly hobbled. Think: Tower; Musicland; the large One Stops, Sony, etc.

The "if Old Media started listening to the fans instead of fighting them..." argument is just a load of hooey. Of course "Old Media" should listen to its customers. However, old media still views retail as its customer, NOT human beings. Media companies build products for retail. It's probably too late for most them (esp the big ones) to suddenly morph into what they are not. They have no idea who their customer is, beyond retailers and wholesaler­s. Retailers should try to know this, not publishers­. I'm not saying this is a good or a bad thing, just a true thing.

Somehow, people have become convinced that record companies and publishers are big, bad hooligans who don't give a crap about serving the marketplac­e. My experience is that the people who really, really, REALLY care about the music/book itself are at such companies. They are not at Amazon.

Once again, NO ONE brings the care and feeding of art and artists into the argument. We need record companies and publishers to remain healthy more than we need Amazon. At least until we all become one-(wo)ma­n media conglomera­tes. Not.