What to consider before signing your first textbook contract

The following advice came from a 2014 TAA Conference Roundtable Discussion led by Mike Kennamer and Steven Barkan, entitled, “What I Wish I Had Known Before I Signed My First Textbook Contract”:

“Be prepared that some books don’t make money.” – Steven Barkan

“$3,000 would be a good advance for most first time textbook authors.” – Attorney Zick Rubin

“I received a grant rather than an advance for my text. A grant is better because it isn’t an advance against royalties.” – Mike Kennamer

“You don’t want snapshot quality photos in your textbook. Hire a professional or purchase professional photos.” – Mike Kennamer

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Contract considerations when switching from contributing textbook author to lead author

Q: If an author is transitioning from a contributing author role to the role of a lead author, do they have to accept the same contract conditions/stipulations that were negotiated by the original authors?

A: Michael Lennie, Attorney and Literary Agent, Lennie Literary Agency & Author’s Attorney:

“I see at least a couple of meanings to your use of the term ‘a contributing author’, each of which results in a different answer. If you have been ‘contributing’ only to certain elements (e.g., chapter summaries, or a particular supplement to the main text), but not to the overall book, you may have entered into what is designated a “work-made-for-hire” (‘WMFH’) agreement with your publisher. A WMFH agreement requires the agreement be in writing clearly stating that it is in fact a ‘work-made-for-hire’ agreement. A WMFH agreement is quite different from an author/publisher agreement (ah, but that’s another tale).

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Textbook contract Q&A with attorney Lisa Moore

Earlier this fall, TAA hosted an audio conference titled “Contract Negotiation: E-books & E-rights” featuring attorney Lisa Moore, principal of The Moore Firm, LLC. Moore’s outstanding presentation culminated in a rich Q&A discussion that provided valuable insight into textbook publishing contract negotiations.

Following are abbreviated excerpts edited by TAA from the transcripts of that discussion.

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How to negotiate textbook contracts strategically

Many textbook authors, especially new authors, are intimidated by the idea of negotiating their contracts, but strategic and artful contract negotiation is essential to ensure that you get the best offer possible.

“It is very important to negotiate your contract, because the first offer will not be the best deal, so you’ll just be leaving money on the table if you don’t negotiate,” said Stephen Gillen, intellectual property attorney at Wood, Herron & Evans.

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