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.”

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.

What is a typical rate for a textbook contributor?

Q: What is a typical rate for a textbook contributor? Do I have any negotiation power if I think the rate isn’t fair?

A: Lorraine Papazian-Boyce, author of ICD-10-CM/PCS Coding: A Map for Success, and the upcoming Pearson’s Comprehensive Medical Coding: ICD-10-CM/PCS, ICD-9-CM, CPT, HCPCS:

“I’ve contributed to dozens of projects for multiple publishers over the last 8-9 years. It is a wonderful way to get started in the field, gain credibility with a publisher, and earn $ here and now. The rate for contributors depends on the type of content you’re being asked to develop, such as exercises, a chapter, supplements, etc. It also varies by field and publisher.