Cengage denies trampling authors’ rights, claims Cengage Unlimited will increase author royalties

TextbooksIn its response to a class action lawsuit filed against them in May by David Knox and Caroline Schacht, Cengage denies that its business model “tramples on” or is in any way inconsistent with its authors’ rights and said it believes that the new Cengage Unlimited model will “increase sales and revenues (and, accordingly, royalties to authors).”

Cengage authors Knox and Schacht filed their class action lawsuit in the U.S. District Court for the Southern District of New York on May 14 against Cengage claiming the company’s emphasis on digital distribution, including its new Cengage Unlimited model and expanded digital courseware offerings, have violated their publishing agreements. The suit also claims that the company is refusing to provide information that would allow them to audit their royalty payments. [Read more…]

Will Cengage’s rising tide lift all boats?

Subscription models for reading materials are not unheard of in other industries, but they are a new model emerging within the higher education publishing industry. Late last year, Cengage announced Cengage Unlimited, a subscription based model offering access to its entire catalog of textbooks and related learning materials to college students for a flat price of $119.95 per semester calls Cengage Unlimited. Royalty structures under these models vary. Newer contracts provide broad leeway for publishers to allocate royalties on in a way they deem reasonable.

While boon to students, especially those assigned multiple Cengage texts, it has left Cengage authors wondering about the impact to their royalty earnings. [Read more…]

Authors Knox and Schacht file lawsuit against Cengage, claiming company has ‘trampled on its authors’ rights’

Textbook StackCengage authors David Knox and Caroline Schacht filed a class action lawsuit in the U.S. District Court for the Southern District of New York on May 14 against Cengage claiming the company’s emphasis on digital distribution, including its new Cengage Unlimited model and expanded digital courseware offerings, have violated their publishing agreements. The suit also claims that the company is refusing to provide information that would allow them to audit their royalty payments.

According to the complaint, Cengage’s plan to overhaul its business model after emerging from bankruptcy in 2014, “has trampled on its authors’ rights”. The suit alleges that Cengage’s new Cengage Unlimited business model has the company “dismantling its support” for individual title sales in favor of selling subscriptions to Cengage Unlimited, which plaintiffs say violates their contracts and will reduce the amount of royalties they will earn, while allowing Cengage to retain a larger share of revenue. [Read more…]

Cengage says authors cannot opt out of Cengage Unlimited

textbook opt outIn a recent post on the Cengage blog, Erin Joyner, the company’s senior vice president of product, said that authors cannot opt out of Cengage Unlimited. However, industry experts say Cengage cannot make this sweeping statement.

“The large majority of publishing agreements do not contemplate the Cengage Unlimited model of distribution,” said David Slarskey, a litigator with Slarskey LLC. “Refusing author demands to opt-out tends to undermine the terms of the contract.”
[Read more…]

Announcement of Cengage Unlimited royalty calculation model raises new questions

online library of textbooksCengage’s royalty calculation model for its new subscription service Cengage Unlimited has raised a few questions that remain unanswered, primarily, will their model account for the range of existing publishing agreements—which have a variety of different provisions for accounting for royalties?

“Here’s the key problem,” said Stephen E. Gillen, a partner with Wood, Herron & Evans. “Cengage has a wide variety of different contracts that were entered over time. Some of their longer lasting titles, those in their 10th edition and up, are the subjects of original contracts still in place that were entered 40 or more years ago. Many of their contracts were not done on Cengage forms but were acquired from other publishers, all of which have different provisions for accounting for royalties. Some of them were done before the days of bundling, custom publishing, digital publishing, and publishing through interactive/adaptive learning platforms and so do not provide expressly for those then unanticipated media or channels of distribution. But Cengage has thousands of authors and almost certainly a greater number of contracts (no author will have less than one contract, and many will have multiple contracts). It’s hard for me to imagine that they are going to have lawyers go back over every single contract to determine if and how it should be treated in the current scheme.” [Read more…]

Cengage promises more details about how royalties will be calculated on Cengage Unlimited subscriptions by March

TextbooksIn a January 25 email to its authors, Cengage said that it will have more detailed information about how royalties will be calculated on Cengage Unlimited subscriptions by March. “With the introduction of Cengage Unlimited, we know authors are keenly interested in how royalties will be calculated,” the email stated. “To answer that question, we are currently building out the Cengage Unlimited platform and assessing financial and royalty systems to enhance our ability to track student access.” [Read more…]

Cengage ‘will honor all contractual obligations’ with authors under Unlimited model

online libraryCengage’s Chief Product Officer Fernando Bleichmar said the company will continue to honor its contractual obligations with authors under the Cengage Unlimited model, but that the contract they have with authors generally grants them the discretion to publish the work in the way they think best helps drive the sales of those titles.

“We have spent significant time with our internal teams making sure the contracts allow us to do the Unlimited model,” he said. “The contracts are established in a way in which the publishers have the discretion of evolving the model that benefits both the authors and the publisher, and our contracts allow the creation of different models. We are going through all the details in the contracts, having those conversations with our authors to make sure they are comfortable with the Unlimited model as we move forward.” [Read more…]

Authors express concern about new Cengage Unlimited subscription service

online booksCengage’s announcement of a new subscription service, Cengage Unlimited, that gives students at U.S. higher education institutions access to all of the company’s digital higher education materials for $119.99 a semester has Cengage authors concerned about how their contracts will be affected.

“I think the authors should find out as soon as possible how we are going to be paid,” said mathematics author Pat McKeague, who did not receive any information from his publisher about the new service prior to its public announcement, and has not been able to reach his editor for more information. “My contracts require my written permission before any electronic version of my book can be published.” [Read more…]