Pearson’s ‘digital first’ announcement: A legal perspective

Interpreting, Adapting, and Amending Textbook Publishing Contracts in a Changing Publishing World

In announcing its new strategic commitment to digital courseware and its dramatic break from the traditional model of successive print editions of textbooks, Pearson addressed a letter “to our author community.” In the letter, Pearson emphasized its ties to “our authors and partners” and declared that “together we can provide updates, enhancements, and digital functionality to respond more quickly to changing customer expectations, demands, curricular shifts and developments in your field.”

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The anatomy of a textbook contract

During her 2018 Textbook & Academic Authoring Conference presentation, “The Anatomy of a Textbook Contract”, intellectual property attorney Brenda Ulrich walked participants through a standard textbook publishing contract clause by clause to dissect and explain what the language means, what is significant, what to look for, what is worth trying to change and what is not.

Below are key points from the presentation covering the first four contract elements: grant or transfer of rights, manuscript preparation and delivery, acceptability of manuscript/acceptance, and failure to deliver.

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Can my publisher really do that? Common author questions and answers from industry pros

At TAA’s 2019 Textbook & Academic Authoring Conference, industry insider Sean Wakely and royalty auditor Juli Saitz addressed some common questions authors have about what prerogatives publishers have in respect to publication decisions, calculating royalty payments, marketing, and rights, with hypothetical examples from their point of view.

Here are the questions and answers from that session, divided into five parts:

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Cengage authors begin to receive royalty statements under Cengage Unlimited plan

While some Cengage authors are still waiting for their first royalty statements under the company’s new Cengage Unlimited plan, which, launched in August 2018, offers students access to its database of textbooks and other online content for a flat fee, several have received their statements and shared how the new plan has affected their royalties.

TAA President and Cengage author Mike Kennamer said royalties from CU were included on the most recent statement for one of his three Cengage titles.

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Your royalties: The devil is in the details

Are 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.

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