Q&A: What happens to textbooks when a publisher sells lists to other publishers?

Q: “What happens to textbooks in inventory or those under contract when publishers sell lists to other publishers? How can we find out whether books have been stolen or put into the hands of resellers?”

A: Stephen E. Gillen, Attorney, Wood Herron & Evans:

“It depends upon the deal between the two publishers. Typically, the acquiring publisher buys the inventory along with the contracts. Then they sell it out or destroy it so they can produce a new printing under their imprint. It’s also possible that the acquiring publisher would have no interest in the existing inventory under the old imprint and would require, as a condition of sale, that the selling publisher destroy the inventory. Regardless of who sells the books, the author should get a royalty in accord with the terms of the publishing contract (of course, if the books are remaindered that royalty may be small or nonexistent depending upon the terms in the publishing contract). In any event, any sales should be reflected in the next royalty statement. If there is a question, ask the new and old publishers to provide an inventory reconciliation.”

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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 approach a publisher to publish conference proceedings

Q: “I am organizing a conference that I think will be very good. How do I approach a publisher for the proceedings? What is such a publisher looking for?”

A: Michael Lennie, Authoring Attorney and Literary Agent, Lennie Literary and Authors’ Attorneys:

“Ask your adviser; or research similar proceedings to determine their publisher and editor. Obtain several and then contact them to see if they have an interest. The original contact should be by way of a query letter (one well written page) with or without synopsis, sent through snail mail with a SASE. Your initial query should be more detailed (3-4 pages) than the query for an article, including the names and a sentence or two about each participating panelist, his/her subject matter for the proceedings, the forum, date, time, etc.”

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Q&A: Make journal revisions efficiently to get published faster

Q: “I probably will have to submit my article to several journals before it is accepted. Each of the ones I am likely to send it to has a different style for footnotes and references. How do I make revisions efficiently and not spend undue hours with trivia?”

A: Richard Hull, Emeritus Professor of Philosophy:

“There are excellent reference management software programs available. You type your references in once; subsequent revisions are often possible by simply giving the periodical’s name, or by providing a simple template that will, for example, cause first and middle names to be replaced by initials (followed or not followed by periods), journal volume numbers to be preceded or not preceded by “vol.”, the year of the publication to be placed just after the author’s name or after the volume number (surrounded or nor surrounded by parentheses), and so forth. End Note and Reference Manager are two common ones, and they are sometimes freely provided to faculty by their educational institution’s Instructional Technology centers.”

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