Five chances to reset the terms of your book contract (part 2)

In Part 1 of this article (published in the summer edition of the TAA newsletter), we wrote about the imbalance in negotiating leverage between an author and his/her publisher early in the author’s publishing career. And we noted that there would be opportunities later for an author to retake some of the ground lost in those early negotiations. In particular, we wrote about two of these opportunities:

1) Your publisher calls for work to begin on a new edition and sends an amendment to your contract to memorialize this . . . with a few additional “updates”.

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Five chances to reset the terms of your book contract (Part 1)

If you published the first edition of your textbook ten or more years ago, you may find yourself occasionally muttering to yourself, “I wish I kew then what I know now.”

Why is that?

Historically, the publishers start the book contract negotiation game with all the cards…backs to you. You have one card…it’s face up. And it tells everybody, “I’m new at this but I’m excited. Just tell me where to sign.”

Publishers have generally been the gatekeeper to a published book. While this may be less true now, with self-publishing and Open Educational Resources (OER), the publishers still have the most established distribution channels self-publishers cannot begin to match.

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4/5 TAA Webinar, “Your Textbook Isn’t Being Revised. Now What?”

As publishing companies look to manage costs and focus on large introductory courses, many high-quality and high-value textbooks are not being revised.

Join us Monday, April 5, from 11 a.m. to 12 p.m. ET for the TAA Webinar, “Your Textbook Isn’t Being Revised. Now What?”, when Donna Battista, VP of Content Strategy at Top Hat, and previous Pearson Executive, will help authors navigate this increasingly common challenge. She’ll provide guidance on requesting rights back, what to do when rights are reverted, and what options there are to make content available.

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McGraw-Hill textbook authors file class action lawsuit against publisher

Three authors filed a complaint in U.S. district court asserting that McGraw Hill is in breach of contract for a recent change to royalty calculations for products sold on its Connect digital platform. The complaint, Flynn v. McGraw Hill LLC, 21-cv-00614, U.S. District Court, Southern District of New York (Manhattan), was filed on January 22 by Sean Flynn, Associate Professor of Economics, Scripps College; co-author of Economics: Principles, Problems, and Policies. (Now in 22nd edition.), Dean Kardan, Prof Economics and Finance, Kellogg School of Management, Northwestern U; co-author three textbooks: Economics, Microeconomics, and Macroeconomics, and Jonathan Morduch Professor of Public Policy and Economics at Wagner Graduate School of Public Service in NYU, co-author with Dean Kardan of the above three books.

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Authors’ suit against Cengage hits snags

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.

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Textbook rights reversion: How to get them back

Most publishing contracts are for the life of the copyright, so how could an author ever get their rights back? In her TAA webinar, “A Second Bite at the Apple: Getting Rights in Your Book Back”, Brenda Ulrich, a partner at Archstone Law Group, discussed the role of reversion clauses in a publishing contract, which allow rights in a book to revert to their authors under certain circumstances.

The issue of rights reversion can confound many authors, said Ulrich, especially as it relates to how broad the grant of rights is in any traditional publishing contract. “It’s a very broad, very wide, very long, license,” she said. “You are giving the publisher permission to publish the book, but you are not signing over the book to them forever.”

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