independent bookstores

Indie Spotlight: Children’s Bookstores Survive !

Madison Duckworth and owner Susan Selfors at Liberty Bay Books, Bainbridge Island

In spite of the challenges of Pandemic closures, children’s  bookshops have found creative ways and generous friends to help them stay in business. When COVID became pandemic, those following the book business assumed that widespread unemployment would mean a decline in book sales. They weren’t counting on people stuck at home doing their own cooking or repairs and wanting to know how. People curious about other pandemics in history or, in response to the Black Lives Matter protests, about African American history,  and racial injustice. Most of all, they underestimated the desperation and determination of people staying home with their out-of-school children!

The good news is that book sales actually went up in 2020 ,  and that the biggest increase was in children’s books. The not-so-good news is that most of that business has gone to Amazon.  The online giant has  been thriving while independent bookshops have struggled and sometimes gone under.

With COVID restrictions, everything that defines bookshops, everything they do best. was now impossible. At heart a bookstore is a place. A place where people can go to browse at leisure, talk about books. and get recommendations from booksellers.  Booksellers who have curated their collections and know their customers and communities. It is a place to attend community events, classes, author talks, book clubs, concerts. Now that their doors were ordered closed, how could independents survive?

One answer is: with a little help from their friends! As he has in the past, bestselling author James Patterson has made a generous donation to help bookstores survive the crisis. Early on, he launched #SaveIndieBookstores, a partnership with the American Booksellers Association and the Book Industry Charitable Foundation. He personally  contributed $500,000 for grants to bookstores. “I’m concerned about the survival of independent bookstores, which are at the heart of main streets across the country,” Patterson said. “I believe that books are essential. They make us kinder, more empathetic human beings. And they have the power to take us away — even momentarily — from feeling overwhelmed, anxious, and scared.”

Many stores issued pleas to their regular customers to  shop online or making donations.   Fortunately, communities love their bookstores. The GoFundMe for Hicklebee’s in San Jose (www.hicklebees.com), for example, saw 1,000 people give $80,000 in just over 24 hours. Hicklebees also partnered with the Santa Clara Office of Education to create a “Keep Kids Reading” book drive for hundreds of families in need.

Indy bookstore owners are nothing if not imaginative and adaptable. The 2020 mantra of Maureen Palacios, co-owner of Once Upon a Time Bookstore (www.shoponceuponatime.com) in Montrose, California, was

“Try Anything.” Her shop arranged FaceTime appointments with staff who would take customers on a virtual tour of the shop and help them select books. They also made some popular videos featuring their stuffed toys. Other shops persuaded well-known authors, who normally command a fee for an appearance, to do free virtual author visits. Many other activities, such as book clubs and classes, were more or less convertible to online.

Of course every independent bookstore had to up its online ordering business to keep going. Many shops went from being gathering places to feeling more like fulfillment and shipping warehouses, with maybe some curbside pick-up sales. Yet here bookshops caught a break. Amazon, called upon to ship increasing volume of goods during the pandemic, decided books were not essential items and gave them lower priority. This probably tells you all you need to know about them as a bookseller. Books were still cheaper from Amazon, but no longer could you count on them being delivered in a couple of days. Who knew? It might be a couple of weeks or more.

Aha, an opportunity! Many shops had already taken to delivering to the door locally, but now they had an edge. Jim Morgan of The Curious Reader (www.curiousreaderbooks.com) in Glen Rock, New Jersey, has sometimes spent 2 hrs. on the road. He tells customers: “If you order from us and we have it in stock, you’ll have it that afternoon.” That’s music to the ears of the mother of a restless 7-year-old weary of online school. Location, location. Some shop owners wondered if they weren’t spending more money on gas than they were making in sales. But they were often rewarded with thank you notes, snack bags, and cookies. And future loyal customers.

Then even independent shops started having trouble delivering specific titles in a timely way. A paper shortage developed, and many publishers started deceasing print runs and putting off publication dates.  So titles in demand
weren’t always easy to get. But book stores still had plenty of good books in stock. So some expanded and emphasized their book subscription services, choosing and mailing a couple of appropriate books each month for all reader levels. Eyeseeme (www.eyeseeme.com) of University City Missouri’s selections are all under $25, and billing is monthly.

Hipocampo Children’s Books (www.hipocampochildrensbooks.com) of Rochester New York had only been in operation for a year when the shutdown hit. Fortunately, they had already built a loyal community following because of their unique mission. Owners Henry Padron and Pamela Baile stock children’s books in 14 languages, plus a small collection of adult books in Spanish and English. Of course with the shutdown, they could no longer host the dance lessons and cultural and folklore workshops they liked to hold on site.  But they were able to move some events to Facebook Live. And now that they have been allowed to open again, they have a clever way of assuring social distancing. They’ve taken out all the seating in the shop and placed hula hoops around the floor.

April 24, 2021 is National Independent Bookstore day. Let’s all celebrate this year by un-chaining ourselves. Amazon is going to thrive no matter what. To make a real difference, buy books in person or online from the folks who really know and care about books, and who create wonderful places for us to find the books we love. When you shop at an independent bookstore, you support a community. And in the long run, sales of carefully curated books at independent shops actually help to determine the quality of books that will get published.

Just looking for a huge selection of books where you’re likely to find almost any specific title you’re looking for in stock? You still don’t have to resort to the Big A. Go to Powell’s Books in Portland Oregon (www.powells.com), the largest independent book store in the world. Powell’s offers a vast selection of new and used books both in its physical stores (they’re open now) and online.

Soon we’ll all be able  to enjoy our favorite bookstores in person.  Let’s support them now so they will still be there when we do go.  Want to locate an independent children’s bookstore near you or a new one to explore online?  Go to: indiebound.org/indie-store-finder.

Indie Spotlight: Ashay ByThe Bay, Black Children’s Bookstore Vallejo CA

Given the challenges of the pandemic, many independent bookstores have turned  increasingly to online sales to survive. Deborah Day, founder and CEO of  “The #1 Black Children’s Bookstore,” Ashay By The Bay, Vallejo, California, made hers an online shop from the beginning in 2000. It survived the recession of 2008 and is still going strong. Fittingly, Ashay is a powerful Yoruba word that means “it shall be so.” It is also Deborah Day’s given name.

So! Day has developed an engaging and user-friendly website (www.ashaybythebay.com) with over 800 titles, from  baby books to picture books to fiction and nonfiction for middle grade and young adult readers. Most have black American and African subjects, themes, and characters.  But since there is a large Latin American community nearby she also has school collections of Spanish and bilingual books for them. More about her school collections in a moment.

It’s exciting to see so many books for kids about black culture, people, and history gathered onto one curated site. I have now added several titles to my staggering must read pile. For instance, though I’m not a fantasy or science fiction fan at all, I can’t wait to read Tomi Adeywmi’s West-African inspired fantasy, Children of Blood and Bone.  Before the week is out I will probably also dip into Nnedi Okarafor’s imaginative and highly praised tale of magic and adventure in Nigeria, Akata Witch. As Day understands, good books for kids are good for everybody!

Before COVID, Day advertised grew her business by going to events, holding book fairs, and helping groups to conduct book fairs. She loved making in-person contacts that way. Now that those events are no longer possible she is relying more on social media ads, and she is hearing from people across the country.

The Pandemic also poses a challenge to her goal of getting children’s books about black subjects and black experience into the schools where they can have more impact on students’ understanding. Few schools are buying books right now and many students are doing distance learning. What an important time to build a home library, Day says. Of course there are many digital book available online, but the students are already screen-weary from school work. Day loves books and believes and holding a book to read is a more satisfying experience.

During shutdown, people can consult the Ashay website for the lists of the book collections, organized by age/grade e level, that Day offers to schools, and find ideas for books to order. These collections include many core curriculum books, but also give a chance for some independent publishers to become better known. Here are just a few of the many titles on her lists for middle graders:

Biographies: The Truths We Hold: An American Journey (Young Readers’ Edition) by Kamala Harris ; Portraits of African- American Heroes, by Tonya Bolden , including figures from dance, law athletics, science, and more. Who Was Jesse Owens? By James Buckley and Gregory Copeland; Brave. Black. First, 50+ African American Women Who Changed the World, by Cheryl Hudson; Hidden Figures, Young Reader’s Edition, byMargot Lee Shetterly; Black Women in Science: A Black History Book for Kids by Kimberly Brown Pellum;

Award-winning Fiction:

P.S. Be Eleven, Rita Williams-Garcia; The Season of Styx Malone, by Kekla Magoon; Harbor Me by Jaqueline Woodson; Ghost and Look Both Ways, by Jayson Reynolds; A Sky Full of Stars by Linda Williams Jackson;Ghost Boys by Jewell Parker Rhodes; The Red Pencil by Andrea Davis Pinkney.

Nonfiction:

The Boy Who Harnessed the Wind by William Kamkwamba;28 Days: Moments in Black History That Changed the World by Charles R. Smith; The Talk: Conversations about Race, Love, and Truth, edited by Wade and Cheryl Hudson; Hand in Hand: Ten Black Men who Changed America, by Andrea Davis Pinkney.

The Arts:

Radiant Child: The story of Young Artist Jean Michel Basquiat by Javaka Steptoe; Who is Stevie Wonder? By Jim Gigliotti; The Legends of Hip Hop by Justin Bua; The Rose That Grew from Concrete,by Nikki Giovanni and Tupak Shakur; Poetry for Young People: African American Poetry, edited by Arnold Rampersad and Marcellus Blount; Who is Stevie Wonder? By Jim Gigliotti and Who HQ’; Misty Copeland: Life in Motion.

December 2020:  an ideal time to get to know more about black culture from the excellent books being published for children.   It’s also an ideal time to give beautiful, real books to children who’ve been doing schoolwork online all day. And let’s please bypass the chains when we buy these books (Amazon will survive the economic crisis) and support independent booksellers like Ashay instead. A triple win!

 

 

Legal Aspects of Writing and Publishing: Interview with Author-Agent Jacqui Lipton, and Giveaway

Hello Mixed-Up Filers! I was fortunate to know Jacqui Lipton at VCFA where we both got our MFA degrees in Writing. After graduating from Vermont College Of Fine Arts, Jacqui has become an agent and an author. I’m so pleased to welcome her for an interview at Mixed-Up Files today.

 

                                   

Hi Jacqui, thanks for joining us today at Mixed-Up Files.

Thank you for having me and congratulations on your recent book deal!

Thank you, Jacqui! Tell us about your book. What motivated you to write Law & Authors?

The more I began to immerse myself in the writing community, the more I realized the need for easily accessible resources for writers who couldn’t necessarily afford to hire lawyers for every little problem, and who could use some guidance on when and how to find legal advice. One thing I’ve tried to do in the book is to make the legal issues fun and accessible by using examples from popular culture to illustrate how things like copyrights, trademarks, contracts, privacy and defamation law work. I’ve also included hints and tips about what issues writers can handle reasonably easily on their own (e.g. registering a copyright) and when legal help may be necessary.

  1. How did you become an agent and an author?

Becoming an author is easy. You just sit at a typewriter and bleed, right?

But agenting is a tougher nut to crack, and I wasn’t always sure that’s what I wanted to do anyway. While I was in the MFA program, the opportunity arose to become a reader for an established kidlit agent. I loved the editorial and manuscript development work and, with my legal background, I was fascinated by the legal and business side of the industry. After a few years of moving in that direction, and doing some informational interviews with other agents, I figured it was time to fish or cut bait.

  1. What are the top three contract provisions an author must understand before signing with an agent?

Agency contracts are actually pretty easy to follow and are usually no more than two or three pages long. It’s the with publishers that are more complex: see below. For an agency contract, it’s important to understand:

  • the scope of representation (what work the contract actually covers e.g. everything you write during the term of the agreement; only your writing in a particular genre or in a particular market etc.?);
  • when and how the agreement can be terminated (how much notice do you have to give? Are you locked in for a particular period after signing?); and,
  • if you move on to another agent, what happens to projects you’ve worked on while at the previous agency (when can you submit them to editors through the new agency? Will the original agency take a cut of the commission?)

Of course, you want to know what commission the agent gets. It’s standard for most agents to ask for 15% of your royalties for a regular sale and higher percentages if they engage other agents for subrights etc. because that sub-agent will also take a cut.

 

  1. What are the top five dos and don’ts when it comes to contract negotiations with publishers?

It probably depends on whether you’re negotiating yourself or via an agent. If you have an agent, your agent will probably guide the strategy to an extent, and will handle the negotiation on your behalf, but of course in close consultation with you. After all, the agent represents you, not the other way around.

Each contract varies with context so there are no hard and fast rules, but you should think about things like:

  • What rights the publisher is taking. If the publisher wants subrights like foreign, translation, merchandising, film/TV etc, think about whether the publisher is likely to be able to execute those rights satisfactorily. If not, try to retain them, or at least seek a reversion (ie you get back the rights) after a particular period of time.
  • How much is the advance you’re being offered? This is not something you should really look at out of context; you need to consider royalties, sub-rights etc at the same time. A lower advance will be easier to “earn out” (ie pay back out of royalties) so a lower advance isn’t necessarily a bad thing.
  • If you’re writing a book that has significant design or illustration elements (e.g. a picture book), will you get consultation or approval over those design elements, including over the choice of illustrator etc. The same comes up with choice of narrators under audio rights contracts. Many publishers will give you consultation, rather than approval, but most good publishers are collaborative on this score for the most part in any event.
  • Understand that you are likely making certain representations to the publisher that your book doesn’t infringe anyone else’s legal rights, including copyrights and trademark rights, and that your book doesn’t defame anyone. The publisher will likely seek an indemnity from you if they are sued for these things. Try to find out if you can limit the indemnity to non-frivolous legal action (frivolous claims are those that are raised more for the annoyance value than because there is a serious legal issue at stake). See if the publisher is able to extend any of its liability insurance to cover you: this is unlikely but you can ask.
  • Understand what happens if you don’t submit your final manuscript on time or you don’t submit a satisfactory manuscript. Do you have a right to have extra time (if you can’t make your initial deadline), and/or to revise to the publisher’s specifications? If you get more time, how much time? What happens to your advance if you fail to deliver a satisfactory manuscript?

Publishing contracts are much more complex than agency contracts which is why it’s a good idea to work with an agent, if you possibly can. If you don’t have an agent, it may be worth engaging the services of a lawyer with expertise in publishing contracts to help you negotiate these contracts.

  1. Could you recommend resources for authors or illustrators who would like to protect their rights in the current publishing environment?

For those who are members of the Authors Guild, there are useful legal resources on their website and they do offer contract consultations.

Volunteer lawyers for the arts organizations around the country provide pro bono legal advice to authors and artists but often have significant waiting lists.

Some writers’ organizations, like SCBWI and SFWA have helpful information about publishing dos and don’ts and current issues of concern on their website, including an “ask a lawyer” bulletin board accessible from the SCBWI website.

The Authors Alliance has useful information on their website particularly about contract negotiations, fair use and rights reversions.

I go into more detail on how to find effective and affordable legal advice in the final chapter of Law and Authors.

  1. Tell us about your experience founding Raven Quill Literary Agency, and your growing team of agents and authors.

It seems to have grown really fast but it’s been a lot of fun. I started the agency earlier this year with the aim of creating a fun and transparent, but of course professional, team of authors and agents working to bring new stories and voices into mainly the kidlit area. A significant aspect of our mission is to help make underrepresented voices heard. We also like to work closely and editorially with all of our authors. The agency largely grew by accident. It started with just me and rapidly expanded to include our other agents who are all amazing (Kelly Dyksterhouse, Kortney Price, and Lori Steel) largely through a series of happy accidents; people being in the right place at the right time.

  1. What advice do you have for authors who want to query an agent at Raven Quill Literary Agency?

Probably similar advice to querying any other agent/agency. Do your homework. Find the agent who seems like the right fit for your work. Write a professional query letter and make sure your manuscript really shines before you submit it. I always say: “I don’t want your fastest work; I want your best work.” There’s a lot of information on our website about what we’re all looking for and how to submit to each of us, and when we’re open or closed to general queries. (We all use Query Manager for submissions and try to ensure that at least one or two of us are open to queries at any given time.) We also regularly Tweet out particular wishlists. We do share submissions between us if we think something is a better fit for another agent. We do consider subsequent projects from someone who has queried us before, or even revisions of projects we passed on, but we like to see authors sit back and reflect on any feedback we may have given them for, say 6-8 weeks before submitting something new. Oftentimes what isn’t clicking for an agent in the first piece is the same in later pieces by the same author. It doesn’t mean that there’s anything wrong with your writing, just that the agent you submitted to isn’t the right fit. We typically respond to all queries whether it’s a pass, a revise and resubmit request or an offer of rep. We try and give feedback in our responses as often as we can but sometimes it’s just not possible with the amount of queries we receive so please excuse any generic “pass” responses. Again, it’s not an indictment of your writing, just a sign of how busy we are.

Note: My usual disclaimers apply to everything in this interview. Nothing about the law is intended as formal legal advice and those who feel they do need formal advice should consult a lawyer with the appropriate expertise.

Thank you so much for having me!

Enter the giveaway for a copy of Law & Authors by leaving a comment below.  You may earn extra entries by blogging/tweeting/facebooking the interview and letting us know. The winner will be determined on June 26, 2020 and will be contacted via email and asked to provide a mailing address (US/Canada only) to receive the book.

If you’d like to know more about Jacqui and her agency, visit her website: https://jdlipton.com/index.html or https://ravenliterary.com/ or follow her on twitter: https://twitter.com/Jacqui_Lipton