Book Review: Guide to Textbook Publishing Contracts

One of the first experiences a textbook author will have is dealing with a publishing contract. Very few of us are attorneys ourselves and very few of us will have had any prior experience negotiating a publishing contract. Our expertise is in our teaching discipline—not in contract law.

I have learned—the hard way—that I should NOT be the only one looking at contracts and amendments presented to me by my publisher. I’ve therefore made it a habit to have an attorney specializing in textbook publishing contracts to review, suggest, and debate the points in anything I sign. Now I have a much better idea of the potential risks and rewards involved in each new professional writing project.

Just released by TAA Press: ‘Guide to Textbook Publishing Contracts’

When it comes to negotiating your textbook publishing contract, you have more leverage than you think.

In this 40-page guide by Stephen Gillen, a Partner at Wood Herron & Evans, you will learn the key provisions of a typical textbook contract and how to determine what’s important to you so that you can enter into the contract negotiation process better informed. Get the “better”, “best” and “better still” options you can consider when making decisions about what to negotiate.

How to deconstruct and decipher your textbook royalty statement

Deciphering royalty statements to determine whether royalties being reported are accurate can be frustrating for both first time and veteran textbook authors. Royalty calculations should be relatively straightforward. That is, the contractually agreed-upon royalty rate for the Work multiplied by the earnings received by the publisher. However, add in escalation clauses, various rates for different sales categories or channels, co-authorship, packaged products, electronic materials, custom editions, abridgements, agreed-upon deductions, returns for reserves, specific definitions of earnings, multiple titles in various editions etc., and the calculation of royalties becomes much more complex.

Textbook contract negotiations: Do your homework

When it comes to contract negotiations, you have to do your homework, says Steve Gillen, partner at Wood, Herron & Evans, where he concentrates his practice on publishing, media, and copyright matters. “Negotiations are ultimately influenced by which side knows the most about the other side’s positions. The editor starts this contest with an advantage gained from experience in the market, experience doing other similar deals (undoubtedly many more than you have done), and the benefits of your perspective as reflected in your proposal. The way to get on an even footing with the editor/publisher is to learn more about the publisher’s plans for, and expectations of, your work — information that will help you evaluate your leverage and the editor’s weaknesses.

What is a typical rate for a textbook contributor?

Q: What is a typical rate for a textbook contributor? Do I have any negotiation power if I think the rate isn’t fair?

A: Lorraine Papazian-Boyce, author of ICD-10-CM/PCS Coding: A Map for Success, and the upcoming Pearson’s Comprehensive Medical Coding: ICD-10-CM/PCS, ICD-9-CM, CPT, HCPCS:

“I’ve contributed to dozens of projects for multiple publishers over the last 8-9 years. It is a wonderful way to get started in the field, gain credibility with a publisher, and earn $ here and now. The rate for contributors depends on the type of content you’re being asked to develop, such as exercises, a chapter, supplements, etc. It also varies by field and publisher.