Cengage, McGraw-Hill, Pearson, Wiley win $34.2m willful trademark and copyright infringement suit

Don't buy counterfeit textbooksCengage, McGraw-Hill Education, Pearson, and Wiley won a $34.2 million verdict in the U.S. District Court for the Southern District of New York against a group of online booksellers and their owner for dealing in counterfeit textbooks.

The nine-person jury unanimously found the defendants — several Ohio-based bookselling companies, including Book Dog Books and Robert William Management, and their owner, Philip Smyres — liable for willful trademark infringement, willful copyright infringement, and breach of a prior settlement agreement. [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…]

4/12 TAA Webinar: ‘Making Textbooks Accessible to Students With Disabilities’

Robert MartinengoAs digital technology continues to redefine the market for instructional materials, one thing remains constant: students with disabilities must not be left out. While products evolve, the concepts of equal access, and the legal obligation of educational institutions not to discriminate, remain.

Join us Thursday, April 12 from 2-3 p.m. ET, for the TAA Webinar, “Making Textbooks Accessible to Students With Disabilities”, presented by Robert Martinengo, Publisher Outreach Specialist for the CAMI project at AMAC Accessibility. [Read more…]

Learning science and textbook design: The value of pre-testing to jumpstart student learning

In the hands of an experienced teacher and motivated students, a textbook can be a powerful tool for learning. As with any tool in one’s toolbox, a design that enhances utility, and thereby improves performance, can make a textbook an effective, frequently used implement. As a textbook author, I realize that although effective communication of content is at the center, my textbooks will be used successfully only if the instructional design promotes learning. [Read more…]

5 Steps to formatting your academic book for print through CreateSpace.com

TextbooksAs an author and publisher (and new member of TAA) preparing manuscripts of my own design and assisting other authors to do the same, I needed a service that was cost-effective and efficient. After researching several different services, I selected CreateSpace.com, which is a part of Amazon, because it allowed me to print quality textbooks for pennies on the dollar. I also like this service because of the free ISBN number and the fact that if you intend to revise an edition you can lock in the ISBN number for subsequent editions. [Read more…]

TAA announces 2018 Textbook Award winners

Twenty-six textbooks have been awarded 2018 Textbook Awards by the Textbook & Academic Authors Association (TAA). Four textbooks received William Holmes McGuffey Longevity Awards, 17 textbooks received Textbook Excellence Awards, and five textbooks received Most Promising New Textbook Awards.

The McGuffey Longevity Award recognizes textbooks and learning materials whose excellence has been demonstrated over time. The Textbook Excellence Award recognizes excellence in current textbooks and learning materials. The Most Promising New Textbook Award recognizes excellence in 1st edition textbooks and learning materials.

The awards will be presented during an awards reception at TAA’s 31st Annual Textbook & Academic Authoring Conference in Santa Fe, NM, June 15, 2018. [Read more…]

3/7 TAA Webinar: ‘Royalty Disputes: Legal Strategies in Pursuit of Information and Payments Due’

Juli SaitzDavid SlarskeyJoin us Wednesday, March 7 from 2-3 p.m. ET for the TAA Webinar, “Royalty Disputes: Legal Strategies in Pursuit of Information and Payments Due”, presented by dispute resolution lawyer David Slarskey and royalty auditor Juli Saitz. The two will discuss the challenges associated with getting reliable information from publishers, the state of the law for authors seeking access to data, and negotiation and legal strategies for pursuing recoveries while protecting relationships.

[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…]

Playing the field: Is it ok to submit a single book proposal to multiple publishers?

Textbook StackBuilding a relationship with a publisher, for many authors, is a lifelong commitment, so the decision of which publisher to work with shouldn’t be taken lightly. How do you know that you’ve found “the one” for your book? We sought the opinions of seven TAA members on whether or not it’s acceptable to submit a single book proposal to several different publishers. Here are their responses and reasoning. [Read more…]