Textbook contract clauses: Understanding advances and grants

An advance is a pre-payment of royalties to be earned upon the publication of your textbook. It will be recouped out of the royalties first accrued from the commercial exploitation of your work. It is not incoming for publishers to agree to advance from 50% to 100% of expected royalties on projected first year sales. The advance may or may not be refundable if your manuscript is rejected and your contract is cancelled.

A grant, conversely, is a payment intended to cover some or al of the out-of-pocket costs of research and/or manuscript preparation. It is generally not recouped out of accrued royalties, and like the advance, may or may not be refundable in the event the manuscript is rejected.

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5 Things to consider when negotiating your textbook contract audit clause

One of the most important provisions in your textbook publishing contract is the audit clause, which will specify the conditions for how and when you can request and conduct an audit. In the absence of an audit clause, some publishers will still comply with a request to audit, although they are not contractually required to do so.

While the large publishers have calculated and paid royalties to thousands of authors, contract terms can vary, automated royalty systems have limitations, and the accounting teams at publishers are made up of human beings who can make mistakes. If an author wants a better understanding as to the calculation and accuracy of his or her royalties, the best course of action is to request a royalty audit.

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Why you shouldn’t sign a work for hire agreement

One of the choices you can make when publishing your textbook or other instructional text is to sign a contract that simply assigns to the publisher the copyrights in your work or to enter into a work for hire agreement, in which you and the publisher agree that the publisher will be legally considered the author and sole owner of your work for copyright purposes. A significant consequence of work for hire agreements is that you don’t have the benefit of the right of termination under copyright law, said Stephen E. Gillen, an attorney with Wood Herron & Evans, and author of Guide to Textbook Publishing Contracts.

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On Demand Webinar: 20 Tips & 20 questions for your next textbook deal

In this webinar recorded at the 2016 TAA Conference on June 25, Stephen Gillen, a partner at Wood Herron & Evans, and author of Guide to Textbook Publishing Contracts, takes you on a tour of a typical textbook publishing contract, pointing out the highlights along the way – what’s usually negotiable; what’s often not negotiable; what questions to ask; and when to ask them.

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Two new templates added to TAA’s Templates & Samples Resource Library

Two new templates have been added to TAA’s Templates & Samples Resource Library, a Workflow Chart Template, and a Royalty Tracking Template.

The Workflow Chart Template was contributed by Kevin Patton, author of Anatomy & Physiology (9e), who uses it to track his workflow. Available in both landscape and portrait, each row is a chapter or section and columns track items such as chapter number/title, research, reviews, copyedited draft, etc.

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