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A Trial Put Publishing’s Inner Workings on Display. What Did We Learn?

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Lawyers for the Department of Justice and for the Penguin Random House delivered their closing argument on Friday in a case that will determine whether the publisher, the country’s largest, can buy one of its rivals, Simon & Schuster.

The case, which will be decided in the fall by Judge Florence Y. Pan, focused on the effects of consolidation on publishing, an industry that has already been dramatically reshaped by mergers in recent years.

The government sued to stop the deal on antitrust grounds, saying it would diminish competition among the biggest houses and push down advances for some authors. Bertelsmann, the parent company of Penguin Random House, argued the deal would bring its supply chain and distribution muscle to a longer list of authors, to their benefit, and that the industry is large and varied, made up of many important players beyond the biggest firms. Judge Pan expressed skepticism over several of Penguin Random House’s main arguments.

Beyond the legal debate, the three-week trial offered an unusual glimpse into the world of publishing, offering observers a parade of high-profile publishing executives, agents and authors speaking frankly and on the record about how books are made.

Here is some of what we learned.

No one — not even the top executives in publishing — has figured out the mix of factors that can guarantee a best seller.

Markus Dohle, the head of Penguin Random House, said everything in the book business is “random.” The judge described the industry as one of “risk-taking” and said every book was “a gamble.” The publisher of a major imprint called the business “fickle.”

The difficulty of predicting success was a consistent theme during the trial. It sets the publishing world apart from many industries, which can use the past sales of similar products — like a type of washing machine or cereal — to predict future sales. But every book is unique, so while educated guesses can be made, especially concerning established authors, nobody really knows what the future holds for any given project.

“Everything is random in publishing,” Mr. Dohle said on the stand, recounting the company’s origin story. “That’s why we have that name. So the founder thought: Everything is random. Success is random. Best sellers are random. So that’s why we are the Random House.”

How much a publishing house offers an author for their book is usually a closely guarded secret — a number based roughly on sales expectations, competition for a project and very subjective elements like how badly editors want it.

During the trial, several of these payments, which are called advances, were discussed with uncommon candor.

Jennifer Bergstrom, the publisher of the Simon & Schuster imprint Gallery, said they paid “millions” more for a book by the comedian Amy Schumer than the sales estimates would have dictated.

A few authors, like the actor Jamie Foxx and Jiayang Fan, a writer for The New Yorker, were discussed at the trial by name — both of them were offered seven figures. Other writers were discussed in code to preserve confidentiality.

“Author A is a reality TV star,” Ms. Bergstrom said. “She’s a housewife on Broadway — excuse me, Broadway? She wishes. Bravo.”

She continued: “Author B is the — was the star, he is now in prison, of a major Netflix show. We paid 175 for that.”

Penguin Random House executives testified that the approval of Madeline McIntosh, the chief executive of Penguin Random House U.S., is needed for advances of $1 million or higher, and Mr. Dohle’s for payments above $2 million. For advances of $75 million or more, Mr. Dohle needs approval from executives at Bertelsmann — but he’s never had occasion to ask, he said.

By most measures, publishing is thriving. In any given year, hundreds of publishers in the United States release around 60,000 books. From 2012 to 2019, print book sales grew by more than 20 percent, from nine billion to 11 billion, Mr. Dohle testified. And book sales were strong during the pandemic, rising by another 20 percent from 2019 to 2021, he said.

But the trial highlighted a surprising fact: A minuscule percentage of books generate the vast majority of profits.

During their testimony, Penguin Random House executives said that just 35 percent of books the company publishes are profitable. Among the titles that make money, a very small sliver — just 4 percent — account for 60 percent of those profits.

“That’s how risky our business is,” Mr. Dohle said. “It’s the books that you don’t pay a lot for and become runaway best sellers.”

The trial offered examples of books that publishers paid a relatively small amount for, and that turned out to be a great hit. Sally Kim, the publisher of the Penguin Random House imprint Putnam, said they acquired “Where the Crawdads Sing” for “mid-six figures.” That book has gone on to sell around 15 million copies worldwide.

The issue is industrywide, and has been exacerbated by the rise of online retail, which tends to reinforce the visibility of best sellers. In 2021, fewer than one percent of the 3.2 million titles that BookScan tracked sold more than 5,000 copies.

The publishing industry has been transformed by consolidation in recent years. Big media conglomerates have gobbled up smaller companies, giving them huge catalogs and a competitive advantage over small and midsize publishers, who are typically shut out of auctions for blockbuster books by brand-name authors.

The repercussions of those changes were hotly debated during the trial.

Justice Department’s argument emphasized the growing influence of the so-called Big Five publishing houses: Macmillan, HarperCollins, Penguin Random House, Hachette and Simon & Schuster. In a pretrial brief, the Justice Department stated that the Big Five make up 90 percent of the market for “anticipated top-selling books.”

“They are the only firms with the capital, reputations, editorial capacity, marketing, publicity, sales, and distribution resources to regularly acquire anticipated top-selling books,” lawyers for the Justice Department wrote.

Bertelsmann’s attorneys presented a very different portrait, emphasizing that some midsize and independent publishers have been thriving and increasing their market share. During his testimony, Mr. Dohle noted that in 2021, roughly half of the books sold in the United States were from publishers outside of the Big Five.

Penguin Random House also made the case that reducing the number of major publishers would not result in authors losing money, because the remaining houses will be forced to compete even more aggressively for potential best-sellers and will offer bigger advances to counter the combined heft of Penguin Random House and Simon & Schuster. They also claimed in a pretrial brief that savings resulting from the merger will result in more money to spend on books, enabling the company to “offer higher advances” and “bid on more books from more authors.”

Judge Pan questioned those assertions. On Wednesday, she ruled that a significant piece of Penguin Random House’s argument — its evidence that combining the two companies would lead to cost savings and efficiencies that would ultimately benefit authors — was inadmissible because it had not been independently verified.

In an extended back and forth, Judge Pan also seemed skeptical of assertions by Penguin Random House’s economic expert witness, Dr. Edward Snyder, a professor at Yale, that reducing the number of major publishers would not result in lower advances. She said the publisher would not need to make an affirmative decision to lower advances, but that it would happen anyway because there would be less competition.

“I don’t see that there’s going to be a lessening of competition,” Mr. Snyder said.

Judge Pan replied: “That’s the ultimate question.”

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This Off-the-Shoulder Sequin Top Is Perfect for New Year’s Eve — On Sale Now!

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Us Weekly has affiliate partnerships so we may receive compensation for some links to products and services.

Our closet is like a New Year’s Eve graveyard, filled with the sequined skeletons of past holiday outfits we’ve since discarded. That’s the thing about New Year’s — it often feels like a waste of money for just a few hours of fun. Rather than splurge on a sparkly dress you’ll only wear once, we recommend buying a staple piece you can style over and over again. Our top choice? This off-the-shoulder shirt that’s currently on sale from Amazon.

Adorned with sequins and available in 12 different colors, this trendy top features a flattering silhouette that complements all figures. The drapey style shows off a little skin while still covering trouble areas on arms, and the relaxed fit skims curves nicely. You can mix and match this statement shirt with a variety of bottoms, from high-waisted pants to a mini skirt. Since the options are endless, you’re getting more bang for your buck.

Read on to find out why this sequin shirt is a New Year’s Eve necessity!

Get the Anna-Kaci Women’s Short Sleeve One Shoulder Sequin Top for just $36 (originally $45) at Amazon! Please note, prices are accurate at the date of publication, December 23, 2022, but are subject to change.

The Anna-Kaci Women’s Short Sleeve One Shoulder Sequin Top is perfect for a New Year’s Eve party! The unofficial dress code of the holiday is sequins, so you’ll fit right in. Bonus: this top is surprisingly comfortable.

We also love the versatility of this sparkly shirt. As everyone else around you is freezing in frocks, you can choose to complete your ensemble with warm pants or a blazer on top. Pair this shirt with faux leather pants in the winter or shorts in the summer! Stick with a solid shade, or go all out with a multicolored or ombré option.

Get the Anna-Kaci Women’s Short Sleeve One Shoulder Sequin Top for just $36 (originally $45) at Amazon! Please note, prices are accurate at the date of publication, December 23, 2022, but are subject to change.

Take this sparkly shirt from a holiday party to a concert! Stand out on any special occasion in this fun top that will earn you all the compliments. As one shopper said, “This shirt was perfect for attending a bling Christmas party. It fit well and shined brightly. It’s perfect for events.” Another customer gushed, “This shirt is everything! Comfy, flattering and makes this boxy girl have a waist!” And if you’re worried about this top feeling less than luxe, just read this rave review: “Many sequined tops and dresses look more like a costume to me, but this one doesn’t. I ordered for a concert but feel like it is something I will also wear on other occasions.”

On New Year’s Rockin’ Eve, rock this one-shoulder sequin shirt, on sale now at Amazon!

See It! Get the Anna-Kaci Women’s Short Sleeve One Shoulder Sequin Top for just $36 (originally $45) at Amazon! Please note, prices are accurate at the date of publication, December 23, 2022, but are subject to change.

Not your style? Shop more from Anna-Kaci here and explore more tops here! Don’t forget to check out all of Amazon’s Daily Deals for more great finds!

Looking for other New Year’s outfit ideas? Check out more picks below:

This post is brought to you by Us Weekly’s Shop With Us team. The Shop With Us team aims to highlight products and services our readers might find interesting and useful, such as wedding-guest outfits, purses, plus-size swimsuits, women’s sneakers, bridal shapewear, and perfect gift ideas for everyone in your life. Product and service selection, however, is in no way intended to constitute an endorsement by either Us Weekly or of any celebrity mentioned in the post.

The Shop With Us team may receive products free of charge from manufacturers to test. In addition, Us Weekly receives compensation from the manufacturer of the products we write about when you click on a link and then purchase the product featured in an article. This does not drive our decision as to whether or not a product or service is featured or recommended. Shop With Us operates independently from the advertising sales team. We welcome your feedback at ShopWithUs@usmagazine.com. Happy shopping!

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‘Babylon’ stars Margot Robbie, Jean Smart fear deepfakes: ‘Year 3000 porn’

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Jean Smart and Margot Robbie aren’t so fond of advanced technology in Hollywood.

During promotion for the film “Babylon” — which documents the rise and fall of characters in 1920s Hollywood — the cast of the movie was asked what they believe will be the next big shift in Tinseltown.

In Entertainment Weekly’s “Around the Table” video series, almost all the actors who joined — including Robbie, Smart, Brad Pitt, Diego Calva, Jovan Adepo and Li Jun Li — agreed they were concerned about deepfakes.

Deepfakes use artificial intelligence to manipulate videos and replace the likeness of one person with another.

Margot Robbie and Diego Calva in “Babylon.”
Scott Garfield/Paramount Pictures via AP

“Are they just going to take our faces, and we won’t even be going to work anymore?” Robbie, 32, said.

“So creepy,” Pitt, 59, chimed in.

Smart echoed the concern but pointed out that their likeness can be used even after they’re gone.

“Or after you’re dead, they’ll go, ‘Oh, let’s put Margot Robbie in that movie’ — a hundred years from now, having her doing God knows what. And your estate will have to sue them. It’ll be horrible, Margot,” the 71-year-old actress said.

Margot Robbie, left, and Li Jun Li in "Babylon."
Margot Robbie and Li Jun Li in “Babylon.”
Paramount Pictures via AP

The “Hacks” star continued saying that she’s troubled by seeing Marilyn Monroe in TV commercials and Fred Astaire in Coke commercials due to the technology in Hollywood — and said she will not be OK with her likeness being used after she’s dead.

“Unless my kids are getting rich off it. Of course. In that case, then it’s all right,” Smart quipped.

But there’s one thing that is absolutely off the table for Smart’s likeness.

“I don’t want to be in a year-3000 porn,” she added.

Jean Smart in "Babylon."
Jean Smart said she will not be OK with her likeness being used after she’s dead.
Scott Garfield/Paramount Pictures via AP

Meanwhile, some celebrities are already using deepfakes for projects.

Back in September, it was reported that an AI platform created a “digital twin” of Bruce Willis, who was diagnosed with aphasia — a brain disorder that affects his ability to communicate, which will allow him to appear on screen after his retirement from acting.

The “Die Hard” actor’s deepfake already made its debut in August 2021 when his face was “grafted” onto Konstantin Solovyov for a commercial for MegaFon, a Russian telecommunications company.

His estate has the final say on what’s created with his face.

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Erika Jayne is spotted in LA as she sports a pale blue sweatsuit and sunglasses during shopping trip

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Make-up free Erika Jayne shops for expensive Christmas gifts at luxury store Hermès in LA – amid the RHOBH star’s money woes

Erika Jayne went without makeup as she shopped in Los Angeles days before Christmas.

The fashionista was low-key as she wore a pair of oversized glossy black rectangle-shaped sunglasses. 

The 51-year-old Real Housewives of Beverly Hills star – who has been battling money woes ever since her ex husband was declared bankrupt – was dressed expensively in a pale blue Alexander Wang sweatsuit and sneakers.

Bare face: Erika Jayne went without makeup as she shopped in Los Angeles days before Christmas

The platinum blonde beauty wore her locks bone straight, styled in an undefined part as they cascaded over her shoulders.

She looked cozy in her crew neck top and matching loose-fitting sweats, which she coordinated with pale pink and blue sneakers. 

Erika carried an Hermès bag on her arm as she carried a small, bottled water with pristinely manicured hands.

She was out and about by herself as she fit in some retail therapy two days before Christmas.

Under the radar: The fashionista was low-key as she wore a pair of oversized glossy black rectangle-shaped sunglasses

Under the radar: The fashionista was low-key as she wore a pair of oversized glossy black rectangle-shaped sunglasses

Last weekend Erika got into the holiday spirit as she attended a Christmas party with friend and costar Lisa Rinna.

Both women flaunted their long, toned legs as they wore dresses to the event hosted by friend Sanela Diana Jenkins.

Jayne took to Instagram to share a snapshot from the gathering in which she and Lisa kicked their legs up.

‘This was the BEST Christmas party EVER!!!’ she wrote in the caption as the photo showed her in a luxe white fur coat.

Season's greetings: Last weekend Erika got into the holiday spirit as she attended a Christmas party with friend and costar Lisa Rinna

Season’s greetings: Last weekend Erika got into the holiday spirit as she attended a Christmas party with friend and costar Lisa Rinna

The fashion-forward socialite donned a pair of pointy-toe metallic purple heels as she sat in a chair designed to look like a sleigh.

Rinna was equally stylish in a cream blazer dress with a black satin collar and gold accoutrements set in a pattern.

She added a pair of knee-high black leather boots and carried a metallic gold clutch.

Erika finished her caption with a shoutout to Lisa as she wrote: ‘thanks for babysitting me and telling me what happened at the party.’

Looking great: The two gal pals were also spotted together earlier this month as they attended the 2022 People's Choice Awards with their Bravo TV castmates

Looking great: The two gal pals were also spotted together earlier this month as they attended the 2022 People’s Choice Awards with their Bravo TV castmates

The two gal pals were also spotted together earlier this month as they attended the 2022 People’s Choice Awards with their Bravo TV castmates. 

For her part, Erika wore a long, mock neck bodycon dress with a trendy, nude silhouette graphic design.

Rinna, who’s feuding with Kathy Hilton amid the RHOBH hiatus, donned a long black dress with a plunging neckline. 

Engaging with her 2.5 million followers on Instagram, Jayne shared photos and wrote in a caption: ‘I had fun last night.’

Hot! Erika wore a long, mock neck bodycon dress with a trendy, nude silhouette graphic design

Hot! Erika wore a long, mock neck bodycon dress with a trendy, nude silhouette graphic design

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