Your royalties: The devil is in the details

Your Royalties: The Devil is in the DetailsAre you confused trying to determine how your royalty statement matches your publishing agreement? Do you feel like your royalty check is less than expected? According to Juli Saitz, CPA, Senior Managing Director, Ankura Consulting Group during her recent webinar, “the devil is in the details”.

To better understand how your royalties should be calculated, there are several items you may want to look for in your contract – beyond the basic royalty figures – including clauses on: electronic derivatives, subsidiary rights, custom work, packages, and tiering. [Read more…]

How might the McGraw-Hill and Cengage merger affect authors?

Are you wondering what the recently announced merger between textbook giants McGraw-Hill and Cengage could mean for authors? Join publishing attorney Steve Gillen and textbook author and Monroe College professor Karen Morris for their session at TAA’s 32nd Annual Conference entitled: “Mergers and Acquisitions Among Publishers: Authors Need a Life Jacket.”

Gillen and Morris will discuss the recent history of consolidation in educational publishing. How does it impact an author’s career? What can you do to prepare for the possibility? What should you do if it happens to you? What options exist if new relationships don’t go well? Get answers to these and related questions, and ideas on how to survive well. [Read more…]

Reflections on negotiating a contract 4: Royalties

NegotiationMy previous posts have been concerned with the large number of different issues in my contract as well as the general question of what ability I had to negotiate/renegotiate with my publisher who has a ton of leverage compared to me, a relative unknown. This post follows that basic theme, but looks specifically at the question of royalties.

One of the first things I’ll mention is the variety of different royalty clauses. To start, there were the basic book formats: hardback, paperback, and e-book. Following these were another dozen or so clauses, split into “rights and royalties” and “subsidiary rights and royalties,” which included things like international rights, audio and video rights, book club uses, use of excerpts and more.  [Read more…]

Reflections on negotiating a contract 3: Emotionally loaded details

NegotiationThis is more of my neophyte reflections on negotiating a contract. My previous post looked at the many different issues covered by a contract and the basic difficulty of handling so many issues. This post on focuses on some of the more emotionally charged clauses.

For me, part of the stress of contracts is that they force you to think about extreme cases because it’s easy to get emotionally charged while thinking about extreme issues. For example, there are clauses related to future editions and to the publisher’s rights for future editions. Future editions are an “extreme case” because they only become an issue if the book does extremely well. [Read more…]

Reflections on negotiating a contract 2: Myriad details

NegotiationIn this, the second of my posts on the contract and negotiation process, I consider the wide variety of issues that came up as I read my contract. Not being a lawyer, contracts always seem long and intimidating to me.

As I said in my previous post, my contract was some 13 pages long, and like most legal documents, very detailed. It was not something I would like to handle from a place of ignorance, but it was also not something that I thought required hiring a lawyer to help me. [Read more…]

Reflections on negotiating a contract 1: Leverage and the power to negotiate

NegotiationWhen I wrote my last series of posts, I was waiting to hear whether a publisher would offer me a contract for my book for graduate students. The publisher—Routledge—did make an offer, marking the pleasant culmination of the 10+ month proposal process, and I could begin to look forward to publication, most likely in 2020 of my book titled Literature Review and Research Design: A Guide to Effective Research Practice. Getting the offer was a great milestone, but it didn’t put an end to the larger process of getting published. The next phase began with the question of whether to accept the offered contract and whether and how to negotiate for changes. As with my previous series of posts, I offer the reflections of a relative novice, not the advice of an expert. [Read more…]

1/29 TAA Webinar: Your Royalties: The Devil is in the Details

Juli SaitzJoin us Tuesday, January 29 from 2-3 p.m. ET for the TAA webinar, “Your Royalties: The Devil is in the Details,” where presenter Juli Saitz, Senior Managing Director at Ankura Consulting Group, will give a brief overview of key clauses in publishing agreements and discuss specific contract clauses that affect royalty calculations and payments. She will also examine the same clause with slightly different language for two hypothetical contracts and then present how the royalties differ under each scenario.

Register today! [Read more…]

Textbook authors settle lawsuit over Cengage Unlimited

Choices in RelationshipsTextbook authors David Knox and Caroline Schacht have settled their lawsuit with Cengage over its Cengage Unlimited subscription service for an undisclosed sum. Under the terms of the agreement, the rights to the authors’ textbook, Choices in Relationships, will revert back to them, and Cengage will receive all rights to the authors’ remaining textbooks, Marriage and the Family, and Understanding Social Problems.

Cengage authors David Knox and Caroline Schacht filed a class action lawsuit against Cengage on May 14, claiming the company’s emphasis on digital distribution, including its new Cengage Unlimited model and expanded digital courseware offerings, violated their publishing agreements, and that the company was refusing to provide information that would allow them to audit their royalty payments. [Read more…]

Reviewing your author contract: Planning for the future

The life cycle of a successful textbook reaches well past the life of its author, given that copyright law currently extends rights in a work to the life of the author + 70 years. That means not just your children, but even your grandchildren may benefit from the fruits of your labors. At the same time, for books—and in particular textbooks—governed by publishing contracts, it is important for both you and your heirs to understand your, and by extension their, rights and responsibilities.

The first step is to pull out your publishing contract. If it is a typical royalty-bearing contract, then you likely have rights in every revision in which you participate. [Read more…]

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…]