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).

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How to negotiate textbook contracts strategically

Many textbook authors, especially new authors, are intimidated by the idea of negotiating their contracts, but strategic and artful contract negotiation is essential to ensure that you get the best offer possible.

“It is very important to negotiate your contract, because the first offer will not be the best deal, so you’ll just be leaving money on the table if you don’t negotiate,” said Stephen Gillen, intellectual property attorney at Wood, Herron & Evans.

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How to negotiate the textbook royalty clause

All standard publishing contracts are enormously lopsided in favor of the publisher. In textbook contracts there is no such thing as standard royalty provisions. Having said that, a review of more than 100 TAA author contracts in my files does reveal some common “ranges.”

“Standard” ranges. The concept of “standard” royalties is less common in textbooks than trade books — so much so that it is almost counterproductive to state ranges. I am concerned that young authors may put too much stock in a so-called standard range, while more seasoned authors may find it contrary to their experience. Accordingly, view the following as indicators only, and don’t be afraid to push for royalties appropriate to your stature, leverage and revenue generation for your publisher — even outside the ranges discussed here.

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