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.”

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:

Reflections on negotiating a contract 4: Royalties

My previous posts have been concerned with the large number of different issues in my contract as well as the general question of what ability I had to negotiate/renegotiate with my publisher who has a ton of leverage compared to me, a relative unknown. This post follows that basic theme, but looks specifically at the question of royalties.

One of the first things I’ll mention is the variety of different royalty clauses. To start, there were the basic book formats: hardback, paperback, and e-book. Following these were another dozen or so clauses, split into “rights and royalties” and “subsidiary rights and royalties,” which included things like international rights, audio and video rights, book club uses, use of excerpts and more. 

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.

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.

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.