Publishing lawyer Zick Rubin provides a countdown of the 10 worst legal mistakes that a textbook or academic author can make. Learn the legal traps that can be found in a range of areas, including provisions in publishing contracts, collaboration agreements, and copyright and permission issues.
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Whose book title is it, anyway?
Professor Charlotte Smith, an up-and-coming young entomologist, decided to write a textbook for the always-popular, upper-level course on spiders. After putting out a few feelers, she submitted a proposal to Six Legs Press, a leading publisher of books about insects. Six Legs loved the proposal and offered Professor Smith a contract. Charlotte was so abuzz with excitement—”tenure, here I come!” she yelled—that she signed the contract without even reading it.
10 Tips to facilitate textbook successor author transitions
Finding a successor for your textbook(s) can be a daunting, arduous task. At TAA’s June 2013 conference veteran authors Robert Christopherson, Michael Sullivan, and Karen Morris presented a session sharing strategies for finding a successor and successfully transitioning the future editions of your texts.
The following is an overview of that presentation, highlighting ten tips to facilitate successor author transitions —“passing the torch.”
Contract considerations when switching from contributing textbook author to lead author
Q: If an author is transitioning from a contributing author role to the role of a lead author, do they have to accept the same contract conditions/stipulations that were negotiated by the original authors?
A: Michael Lennie, Attorney and Literary Agent, Lennie Literary Agency & Author’s Attorney:
“I see at least a couple of meanings to your use of the term ‘a contributing author’, each of which results in a different answer. If you have been ‘contributing’ only to certain elements (e.g., chapter summaries, or a particular supplement to the main text), but not to the overall book, you may have entered into what is designated a “work-made-for-hire” (‘WMFH’) agreement with your publisher. A WMFH agreement requires the agreement be in writing clearly stating that it is in fact a ‘work-made-for-hire’ agreement. A WMFH agreement is quite different from an author/publisher agreement (ah, but that’s another tale).
Textbook contract Q&A with attorney Lisa Moore
Earlier this fall, TAA hosted an audio conference titled “Contract Negotiation: E-books & E-rights” featuring attorney Lisa Moore, principal of The Moore Firm, LLC. Moore’s outstanding presentation culminated in a rich Q&A discussion that provided valuable insight into textbook publishing contract negotiations.
Following are abbreviated excerpts edited by TAA from the transcripts of that discussion.