In October 2019, six authors, intending to form a class action together with other Cengage authors, filed a lawsuit against Cengage alleging that Cengage’s royalty accounting for proceeds from distribution of their products through the MindTap and Cengage Unlimited business models breached the publisher’s royalty arrangements with authors. In addition to the breach of contract claim, the authors alleged that Cengage acted in bad faith towards authors regarding the two products. Before a trial could get underway, Cengage responded by asking for all counts to be dismissed, and that the attempt to form a class action be denied.
Three author takeaways from the ‘equitable access’ course distribution model
An emerging new model for distributing course materials called “equitable access” is the topic of a recent article in the Chronicle of Higher Education. With equitable access, all students pay a flat fee per semester or quarter that covers all required textbooks, regardless of the courses they take. The model is similar to the “activity fee” collected by some colleges, which provides students access to all on-campus sporting and concert events. Such fees often are tiered, depending on whether the student is part-time or full-time.
McGraw-Hill and Cengage intend to merge
An announcement jointly made by Cengage CEO Michael Hansen and McGraw-Hill CEO Nana Banerjee is sure to raise questions among authors of both organizations. The two entities are planning a merger in 2020 that will, according to the company’s public release, “accelerate innovation and accessibility” and provide “seamless integration across our range of learning sciences, adaptive solutions, and learning tools.”
Authors express concern about new Cengage Unlimited subscription service
Cengage Unlimited, that gives students at U.S. higher education institutions access to all of the company’s digital higher education materials for $119.99 a semester has Cengage authors concerned about how their contracts will be affected.
“I think the authors should find out as soon as possible how we are going to be paid,” said mathematics author Pat McKeague, who did not receive any information from his publisher about the new service prior to its public announcement, and has not been able to reach his editor for more information. “My contracts require my written permission before any electronic version of my book can be published.”
NIH issues statement encouraging authors to publish NIH-funded research papers in reputable journals
In a statement released November 3, 2017, the National Institutes of Health (NIH) encouraged authors to publish NIH-funded research papers in reputable journals “to protect the credibility of published research.”
According to the statement: “The NIH has noted an increase in the numbers of papers reported as products of NIH funding which are published in journals or by publishers that do not follow best practices promoted by professional scholarly publishing organizations.”
FTC awarded preliminary injunction against publisher of online academic journals
The Federal Trade Commission (FTC) was awarded a preliminary injunction by the U.S. Court of the District of Nevada against defendants OMICS Group Inc., iMedPub LLC, and Conference Series LLC, to stop them from engaging in alleged unfair and deceptive practices in the publication of online academic journals and the organization of scientific conferences.
The injunction also requires the defendants to identify assets and account for their current finances, and to preserve financial records.