The most useful textbook & academic posts of the week: May 4, 2018

"Sometimes writing is like playing with fire...like trying to tame an uncontrollable beast." ~A.D. PoseyA.D. Posey once said, “Sometimes writing is like playing with fire…like trying to tame an uncontrollable beast.” Each year as May arrives, bringing with it the end of an academic school year for many, things can often feel out of control. This week’s collection of articles addresses some of the common issues faced by academics and authors.

For starters, concerns of overwhelm, contribution, speed, soft skills, and academic behavior are highlighted in the posts. We then found articles that discussed relationships both with other researchers, and with family during times of research. [Read more…]

Supreme Court rules in favor of plaintiff in copyright infringement case

On May 19, the US Supreme Court decided in favor of Paula Petrella in the copyright infringement case Petrella v Metro-Goldwyn-Mayer, Inc., stating that laches “cannot be invoked as a bar to Petrella’s pursuit of a claim for damages brought within…the three-year window.”

(Laches means that a legal right or claim will not be enforced if a long delay in asserting the right or claim has hurt the opposing party as a sort of “legal ambush.”)

“This Supreme Court decision resolves an issue that had been the subject of debate for decades and removes once and for all one of the defenses that had historically been raised to defeat copyright infringement claims,” said Stephen Gillen, an attorney with Wood Herron & Evans LLP. “Authors are now in a slightly better position when it comes to policing the unauthorized use of their copyrighted works.”

Read the court’s full opinion.

Consequences of not following third party photo usage restrictions

Stephen Gillen

Stephen Gillen

Q: What happens if, notwithstanding your best intentions, a 3rd party photo usage restriction escapes your notice and your lapse is detected by the photographer or stock agency?

A: Steve Gillen, lawyer and partner in the intellectual property firm of Wood Herron & Evans:

“Well, about the best you could expect is that you will be deemed in breach of your contractual commitment and held to account for what you should have paid for the uses you actually made. More likely, however, is a claim that you have made an unauthorized and infringing use of a copyrighted work outside the scope of any license you might have had. In this event, the copyright owner has some very potent strategic advantages and remedies at his/her disposal: [Read more…]

Textbook contract Q&A with attorney Lisa Moore

Lisa Moore

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.

Q: When e-rights are granted in a contract, what is the current norm for royalty rates? What are the best e-royalty terms you’ve negotiated for a client or know about in another context?

Lisa Moore: “I will say that 50 percent, whether it’s e-derivatives or verbatim e-reproductions, as I’ll call them, is the best that anyone can get for e-rights. And that’s becoming very, very difficult to achieve for clients — even clients with a proven track record, proven sales of X units, and an extremely wide target audience. [Read more…]