Reflections on negotiating a contract 3: Emotionally loaded details

This is more of my neophyte reflections on negotiating a contract. My previous post looked at the many different issues covered by a contract and the basic difficulty of handling so many issues. This post on focuses on some of the more emotionally charged clauses.

For me, part of the stress of contracts is that they force you to think about extreme cases because it’s easy to get emotionally charged while thinking about extreme issues. For example, there are clauses related to future editions and to the publisher’s rights for future editions. Future editions are an “extreme case” because they only become an issue if the book does extremely well.

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Reflections on negotiating a contract 2: Myriad details

In this, the second of my posts on the contract and negotiation process, I consider the wide variety of issues that came up as I read my contract. Not being a lawyer, contracts always seem long and intimidating to me.

As I said in my previous post, my contract was some 13 pages long, and like most legal documents, very detailed. It was not something I would like to handle from a place of ignorance, but it was also not something that I thought required hiring a lawyer to help me.

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Reflections on negotiating a contract 1: Leverage and the power to negotiate

When I wrote my last series of posts, I was waiting to hear whether a publisher would offer me a contract for my book for graduate students. The publisher—Routledge—did make an offer, marking the pleasant culmination of the 10+ month proposal process, and I could begin to look forward to publication, most likely in 2020 of my book titled Literature Review and Research Design: A Guide to Effective Research Practice. Getting the offer was a great milestone, but it didn’t put an end to the larger process of getting published. The next phase began with the question of whether to accept the offered contract and whether and how to negotiate for changes. As with my previous series of posts, I offer the reflections of a relative novice, not the advice of an expert.

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Textbook authors settle lawsuit over Cengage Unlimited

Textbook authors David Knox and Caroline Schacht have settled their lawsuit with Cengage over its Cengage Unlimited subscription service for an undisclosed sum. Under the terms of the agreement, the rights to the authors’ textbook, Choices in Relationships, will revert back to them, and Cengage will receive all rights to the authors’ remaining textbooks, Marriage and the Family, and Understanding Social Problems.

Cengage authors David Knox and Caroline Schacht filed a class action lawsuit against Cengage on May 14, claiming the company’s emphasis on digital distribution, including its new Cengage Unlimited model and expanded digital courseware offerings, violated their publishing agreements, and that the company was refusing to provide information that would allow them to audit their royalty payments.

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Reviewing your author contract: Planning for the future

The life cycle of a successful textbook reaches well past the life of its author, given that copyright law currently extends rights in a work to the life of the author + 70 years. That means not just your children, but even your grandchildren may benefit from the fruits of your labors. At the same time, for books—and in particular textbooks—governed by publishing contracts, it is important for both you and your heirs to understand your, and by extension their, rights and responsibilities.

The first step is to pull out your publishing contract. If it is a typical royalty-bearing contract, then you likely have rights in every revision in which you participate.

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Cengage denies trampling authors’ rights, claims Cengage Unlimited will increase author royalties

In its response to a class action lawsuit filed against them in May by David Knox and Caroline Schacht, Cengage denies that its business model “tramples on” or is in any way inconsistent with its authors’ rights and believes that the new Cengage Unlimited model will “increase sales and revenues (and, accordingly, royalties to authors).”

Cengage authors Knox and Schacht filed their class action lawsuit in the U.S. District Court for the Southern District of New York on May 14 against Cengage claiming the company’s emphasis on digital distribution, including its new Cengage Unlimited model and expanded digital courseware offerings, have violated their publishing agreements. The suit also claims that the company is refusing to provide information that would allow them to audit their royalty payments.

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