Textbook rights reversion: How to get them back

Most publishing contracts are for the life of the copyright, so how could an author ever get their rights back? In her TAA webinar, “A Second Bite at the Apple: Getting Rights in Your Book Back”, Brenda Ulrich, a partner at Archstone Law Group, discussed the role of reversion clauses in a publishing contract, which allow rights in a book to revert to their authors under certain circumstances.

The issue of rights reversion can confound many authors, said Ulrich, especially as it relates to how broad the grant of rights is in any traditional publishing contract. “It’s a very broad, very wide, very long, license,” she said. “You are giving the publisher permission to publish the book, but you are not signing over the book to them forever.”

2020 Textbook Contracts & Royalties Survey

×

Thank you for visiting the TAA blog, Abstract. Article content is reserved to active members of the Textbook & Academic…

eBook Download – Can My Textbook Publisher Really Do That?

First-time and novice textbook authors may ask themselves throughout the publishing process – “can my publisher really do that?” And the answer is “yes”. And “no”. And “it depends”. Your answer will be determined by the initial negotiation of contract terms and your willingness to invest time in marketing the work after it’s published. TAA’s newest e-book is full of advice on both.

Publishing in 2019: Charting new waters

During her 2019 Textbook & Academic Authoring Conference presentation, “Publishing in 2019: Charting new waters”, intellectual property attorney, Brenda Ulrich identified some of the legal aspects facing authors who are publishing in 2019 and beyond.  

Whether working with a traditional publisher, self-publishing, or exploring open access options, contracts and copyright laws are still important. And as Ulrich notes, in many cases, “the more things change, the more they stay the same”. Below are some of the aspects for consideration as you continue your publishing journey.

Q&A: Writing professors’ rights: Can the university claim the rights to your publication?

Q: Writing professors’ rights: Can the university claim the rights to your publication/royalties based on your employment at the time of writing the manuscript?”

A: Brenda Ulrich, Partner, Archstone Law Group PC:

“It’s an interesting issue. Under standard employment law the employer owns anything created by the employee in the scope of their employment. And certainly writing and publishing scholarly work is considered to be in the scope of a professor’s job duties. However, within academia there is what is often called the “academic tradition,” namely, that professors and academics own their own scholarship.

Analog contracts in a digital world

College level textbooks and their publishers have been in the news a lot lately, with all of the major higher education publishers emphasizing a shift to a digital first market strategy. The vast majority of publishing agreements for established textbooks were written in a world where print books were the dominating market offering. As the world shifts, there are certain contractual provisions to be mindful of when evaluating one’s royalty statements and in negotiations over amendments.

In reality, print sales still dominate, but publishers are trying to move away from the model, and the future of higher education materials is uncertain.