Q&A: How to get your textbook rights back from your publisher

Q: “My publisher has decided to drop my books. How can I tell from my contract whether this means I could get another publisher to pick them up for a new edition, vs. writing a totally new work?”

A: Steve Gillen, Attorney, Wood, Herron & Evans:

“Most publishing contracts have a ‘reversion’ or ‘out-of-print”‘clause that requires the publisher to return the rights to a work to the author if and when the publisher takes the work out-of-print. Sometimes this right of reversion is triggered automatically. More frequently, however, the author must request the publisher to execute a copyright assignment. The more problematic issue is likely to be at what point does the right mature — i.e., when is the work “out-of-print.” Look to the language in your contract for the answer to that question.”

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Q&A: Timeline for textbook royalties: When should you get paid?

Q: “I am concerned about the length of time a publisher can hold onto royalties. Mine are due in April, four months after the close of the accounting period in December. This means some monies have been held from July 1 through April — 10 months! I would think interest should be paid or royalties sent out on a more continuous basis.”

A: Steve Gillen, Attorney, Wood Herron & Evans:

“The publisher’s obligation to account for and pay royalties is set forth in the publishing agreement. While the timing of payment and the nature of information contained in the reports may be negotiable, the time to negotiate these issues is before the agreement is signed. Once the deal is done, it’s too late for the author to complain. Historically, publishers have paid royalties on an annual or semi-annual basis (providing reports and payments anywhere from 30 days to four months after the close of the relevant accounting period). I suppose there was a time when this delay was justified by the difficulty in processing returns and credits and closing the books. Now, however, it persists as custom rather than of necessity.

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Q&A: How to approach a publisher to publish conference proceedings

Q: “I am organizing a conference that I think will be very good. How do I approach a publisher for the proceedings? What is such a publisher looking for?”

A: Michael Lennie, Authoring Attorney and Literary Agent, Lennie Literary and Authors’ Attorneys:

“Ask your adviser; or research similar proceedings to determine their publisher and editor. Obtain several and then contact them to see if they have an interest. The original contact should be by way of a query letter (one well written page) with or without synopsis, sent through snail mail with a SASE. Your initial query should be more detailed (3-4 pages) than the query for an article, including the names and a sentence or two about each participating panelist, his/her subject matter for the proceedings, the forum, date, time, etc.”

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Q&A: How to get through the first textbook chapter

Q: “Can you share some advice for getting through the first chapter?”

A: Karen Timberlake, author of Basic Chemistry, winner of a 2006 Texty Award:

“Skip the preface and get some words down. Once you have something written, you can go back and analyze and edit it.”

A: Ann McHoes, co-author of Understanding Operating Systems, winner of a 2006 McGuffey Award:

“Don’t start with chapter one. Start with the chapter you feel the most comfortable with. If possible, delay writing chapter one until you’re almost done with the project so you know exactly what you’re introducing in chapter one.”

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Q&A: Your dissertation as a journal article-Where do you submit it?

Q: “I have an idea for an article based on my dissertation, but I don’t know where to send it. How can I make a reasonable choice?”

A: Tara Gray, presenter of the Publish & Flourish: Become A Prolific Author workshop, sponsored by TAA:

“Ask your colleagues and consider the journals in your own bibliography. Then, query the journal editor by asking him or her if your manuscript fits their understanding of the journal’s mission.”

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Q&A: Tips on receiving feedback from students when you’re not teaching

Q: “How do you get feedback from students about your book when you are not teaching?”

A: Karen Timberlake, author of Basic Chemistry, winner of a 2006 Texty Award:

“Use a focus group. Bring in students (from a local school using your book) for an afternoon and ask them questions about it.”

A: Marilyn “Winkie” Fordney, author of textbooks on insurance billing and medical transcription:

“I created a questionnaire and gave it to faculty using my book, asking them to have their students fill it out.”

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