Publishers sue Shopify for harboring book pirates

In December of last year, five major textbook publishers filed a lawsuit against Shopify in federal district court in the Eastern District of Virginia claiming that Shopify wrongfully facilitated infringement of their copyrighted textbooks and registered trademarks by maintaining an ecommerce platform it knew to be hosting repeat textbook pirates and frustrating the publishers’ attempts to get them taken down.

The publishers are Macmillan Learning, Cengage Learning, Elsevier, McGraw-Hill, and Pearson Education. Their complaint lists more than 3,400 copyrighted works and 20 registered trademarks that have been infringed and asks for an injunction barring Shopify from further facilitating the claimed infringements, statutory damages of more than half a billion dollars, and reimbursement of plaintiffs’ attorney fees.

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Five chances to reset the terms of your book contract (part 2)

In Part 1 of this article (published in the summer edition of the TAA newsletter), we wrote about the imbalance in negotiating leverage between an author and his/her publisher early in the author’s publishing career. And we noted that there would be opportunities later for an author to retake some of the ground lost in those early negotiations. In particular, we wrote about two of these opportunities:

1) Your publisher calls for work to begin on a new edition and sends an amendment to your contract to memorialize this . . . with a few additional “updates”.

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Five chances to reset the terms of your book contract (Part 1)

If you published the first edition of your textbook ten or more years ago, you may find yourself occasionally muttering to yourself, “I wish I kew then what I know now.”

Why is that?

Historically, the publishers start the book contract negotiation game with all the cards…backs to you. You have one card…it’s face up. And it tells everybody, “I’m new at this but I’m excited. Just tell me where to sign.”

Publishers have generally been the gatekeeper to a published book. While this may be less true now, with self-publishing and Open Educational Resources (OER), the publishers still have the most established distribution channels self-publishers cannot begin to match.

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What you need to know about ‘cross-collateralization’

It has an intimidating name. Indeed, it takes more letters to spell it than to put it into effect. But what is it and why is it bad for authors?

Most every book publishing contract will include a provision that obligates the publisher to periodically account to the author for the publisher’s sales of the author’s work. The language will probably look something like this:

Payments to the Authors will be made semiannually, on or before the last day of March and September of each year for royalties due for the preceding half-year ending the last day of December and June, respectively. If the balance due an Author for any royalty period is less than $50, no payment will be due until the next royalty period at the end of which the cumulative balance has reached $50. Any offsets (including but not limited to any advances or grant) against royalties or sums owed by an Author to the Publisher under this or any other agreement between the Author and the Publisher may be deducted from any payments due the Author under this or any other agreement between the Author and the Publisher.

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New year welcomes thousands of copyrighted works into the public domain

This year marks the first in two decades that a significant body of copyrighted work has lost its U.S. copyright protection and fallen into the public domain. Why is that…and what does it mean for scholars and educators?

Prior to 1978, the term of copyright protection for a work in the United States was measured from its date of first publication in the U.S. Under the first U.S. copyright act in 1790, U.S. works enjoyed an initial term of 14 years of protection, with an optional second term of another 14 years.

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