Q&A: What happens to textbooks when a publisher sells lists to other publishers?

Q: “What happens to textbooks in inventory or those under contract when publishers sell lists to other publishers? How can we find out whether books have been stolen or put into the hands of resellers?”

A: Stephen E. Gillen, Attorney, Wood Herron & Evans:

“It depends upon the deal between the two publishers. Typically, the acquiring publisher buys the inventory along with the contracts. Then they sell it out or destroy it so they can produce a new printing under their imprint. It’s also possible that the acquiring publisher would have no interest in the existing inventory under the old imprint and would require, as a condition of sale, that the selling publisher destroy the inventory. Regardless of who sells the books, the author should get a royalty in accord with the terms of the publishing contract (of course, if the books are remaindered that royalty may be small or nonexistent depending upon the terms in the publishing contract). In any event, any sales should be reflected in the next royalty statement. If there is a question, ask the new and old publishers to provide an inventory reconciliation.”

Q&A: Images are an integral part of your book, but how do you find an artist for creating them?

Q: “How do you find an artist for images in a text or trade book? Who pays? At what point is the art done? If the images are an integral part of the book, how does all of this work?”

A: Elsa Peterson, Freelance Editor, Norwalk, CT:

“Most of my experience is in college-level textbooks. In that industry, it is typically the publisher who hires the artist to render the images. The cost may come out of the author’s royalties or it may be part of the publisher’s investment, or some of both, depending on the terms of the author’s contract. Naturally the author is asked to submit ‘scrap’ (rough sketches, diagrams, and/or copies of similar images to what is desired) for the artist to work from. The author also typically gets to approve/suggest modifications to the renderings before they are final.