Court Certifies Class of Textbook Authors in Class Action Against Cengage

By Zick Rubin and Brenda Ulrich, Archstone Law Group PC

On September 25, 2023, Judge Andrew Carter of the federal district court in New York City certified a class  of textbook authors in a class action brought against Cengage Learning  (Bernstein v. Cengage Learning, Inc.). The lawsuit alleges that Cengage unfairly apportioned the revenues it received from sales of “MindTap” digital interactive versions of the authors’ texts, arbitrarily  allocating to the authors either 50% or 75% of these revenues and reducing royalties accordingly. In the wake of the class certification, lawyers for the authors can proceed to seek reimbursement on a class-wide basis for the allegedly underpaid royalties. The class may consist of hundreds or thousands of authors, and the total claimed underpayment may total many millions of dollars.

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Pearson’s ‘digital first’ announcement: A legal perspective

Interpreting, Adapting, and Amending Textbook Publishing Contracts in a Changing Publishing World

In announcing its new strategic commitment to digital courseware and its dramatic break from the traditional model of successive print editions of textbooks, Pearson addressed a letter “to our author community.” In the letter, Pearson emphasized its ties to “our authors and partners” and declared that “together we can provide updates, enhancements, and digital functionality to respond more quickly to changing customer expectations, demands, curricular shifts and developments in your field.”

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Register your own copyright: When, why, and how?

As textbook and academic authors, your copyrights are your livelihood, and the value of your copyrights is often enhanced by registering them in the U.S. Copyright Office – something that you can easily do for yourself.  Yet, as publishing and copyright attorneys, we find that many text and academic authors know less than they should about copyright registration. Here’s our sample Q&;A conversation with an author who wanted to know more about when, why, and how to register the author’s copyrights:

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