Q&A: Should you create resource materials for a textbook to sell commercially?

Q: “Is permission needed from a publisher to develop resource materials for a textbook if those materials will be sold commercially or is it just necessary to have a disclaimer?”

A: Elsa Peterson, a freelance editor with 25 years of experience in the college textbook industry:

“I’ve done a fair amount of permissions editing over the years, which doesn’t equip me to give a comprehensive answer to your question, but I’ll give you my perspective. I think there are a couple of different points to address here.

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Q&A: What is the likelihood of a textbook publisher ‘cloning’ your textbook?

Q: “I am working on a different kind of developmental mathematics textbook. It is very difficult, nowadays, to distinguish between current Mathematics textbooks. Mine looks, feels, and reads in a very different unique way. I’ve presented it to one publisher and they are interested. I know that it is to my advantage to approach other publishers, however, should I be concerned that if I do, that they will ‘clone’ my text?”

A: Michael D. Spiegler, Ph.D., Professor, Department of Psychology, Providence College:

“If you have a good way of approaching the subject matter, others will imitate once your book comes out. You may have an edge as the original. And you’ve made a contribution to the students in your field beyond just your book. It may be possible to get a publisher to sign an agreement stating that they will not come out with a book that clones yours for a given time period. I’ve heard of this being done with other ideas and industry. I’d suggest you consult with a good intellectual property lawyer on this idea. And remember, imitation is the highest form of strategy (or something like that).”

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Q&A: Tips on copyrighting your completed textbook

Q: “I have recently completed a textbook, and am searching for a publisher. Should I have the book copyrighted?”

A: Mary Ellen Lepionka, author of Writing & Developing Your College Textbook: A Comprehensive Guide:

“You can, or the publisher can do that for you in your name. The publisher typically pays the fee and sends two finished copies to the Library of Congress when the book is out. Request that the publisher register the copyright in your name, which is normal unless you have permanently assigned copyright to the publisher. My understanding is that in signing the publishing contract you do assign exclusive copyright use to the publisher (hopefully for a specified time rather than indefinitely), after which rights can revert to the author. However, an original work is ultimately, automatically, the property of its author or creator, which is a separate function from granting rights.

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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: Who owns the copyright to coursepacks I create for my lecture?

Q: “My question concerns my coursepack for my lecture, which is sold at our college bookstore. I created it at my home office using my own computer. It contains my own original illustrations, graphics, and charts. I contend that this is my intellectual property while the bookstore has recently made an attempt to copyright all coursepacks in the name of my college. I am quite sure that my college is taking liberties that it has no right to legally. What is the best method for me to proceed to prevent the college from stealing my intellectual property?”

A: Steve Gillen, Attorney, Wood Herron & Evans:

“As a general rule, you have a copyright in any original work of expression prepared by you and that right vests automatically the instant your work is recorded in a tangible medium. Provided the illustrations, graphics and charts in your course pack were created by you and not copied or adapted from some other source, this default rule would vest ownership of the copyrights in you. An important exception to this default rule is known as the work-for-hire doctrine.

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