In this webinar recorded at the 2016 TAA Conference on June 25, Stephen Gillen, a partner at Wood Herron & Evans, and author of Guide to Textbook Publishing Contracts, takes you on a tour of a typical textbook publishing contract, pointing out the highlights along the way – what’s usually negotiable; what’s often not negotiable; what questions to ask; and when to ask them.
‘Guide to Textbook Publishing Contracts’ featured in ‘Wisconsin Bookwatch’
The following review of Guide to Textbook Publishing Contracts was published in the June 2016 issue of Wisconsin Bookwatch, published by Midwest Book Review. It is being posted here with permission.
Book Review: Guide to Textbook Publishing Contracts
One of the first experiences a textbook author will have is dealing with a publishing contract. Very few of us are attorneys ourselves and very few of us will have had any prior experience negotiating a publishing contract. Our expertise is in our teaching discipline—not in contract law.
I have learned—the hard way—that I should NOT be the only one looking at contracts and amendments presented to me by my publisher. I’ve therefore made it a habit to have an attorney specializing in textbook publishing contracts to review, suggest, and debate the points in anything I sign. Now I have a much better idea of the potential risks and rewards involved in each new professional writing project.
Work-for-hire or transfer of copyright? Understanding your rights
In the publishing world, the concepts of “work-for-hire” and “transfer of copyright” can be challenging to navigate. Authors are often confronted in the publishing agreements by language that is vague and complicated, such as: “The work will be a work-made-for-hire as defined by the Copyright Act, but, if the work is deemed not a work-for-hire, author hereby irrevocably transfers all right, title and interest in the work to the publisher for the entire term of copyright throughout the world.”
The most useful textbook & academic writing posts of the week: January 8, 2016
The holidays are over and it’s time to get back into the swing of work, writing, and finding balance. Did…
Textbook contract negotiations: Do your homework
When it comes to contract negotiations, you have to do your homework, says Steve Gillen, partner at Wood, Herron & Evans, where he concentrates his practice on publishing, media, and copyright matters. “Negotiations are ultimately influenced by which side knows the most about the other side’s positions. The editor starts this contest with an advantage gained from experience in the market, experience doing other similar deals (undoubtedly many more than you have done), and the benefits of your perspective as reflected in your proposal. The way to get on an even footing with the editor/publisher is to learn more about the publisher’s plans for, and expectations of, your work — information that will help you evaluate your leverage and the editor’s weaknesses.