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: 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: Can you switch textbook publishers once you are under contract?

Q: “What can you do if you feel that your publisher is not doing a good job handling your book? Is it possible to switch publishers? What legal issues are involved?”

A: Stephen E. Gillen, Attorney, Wood Herron & Evans:

“The publisher’s obligations to market your book are set out in your publishing contract. Generally speaking, most standard publishing contracts reserve very broad discretion to the publisher when it comes to these obligations. And editors and publishers take a good deal of faith and comfort in these carefully crafted provisions.. But the truth is that many courts have declined to read these provisions literally, relying in a number of cases on an implied obligation to deal in good faith as a means of reining in a publisher which may have abused its discretionary powers.

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