Q: “I am in the process of negotiating my second contract to write a test bank. The first contract was for a flat fee. I wrote a total of 490 multiple choice, true/false and fill in questions for a 14 chapter criminal justice book. The book was going into its 3rd edition and I think it is a big seller.
Advantages & disadvantages of working with multiple publishers
Jason Wrench, Associate Professor in Communication and Media at the State University of New York at New Paltz, share some advantages…
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.
Lawyer: Rank your textbook contract negotiation goals
Successful contract negotiation requires knowing “what you’re willing to give up and what you’re not,” said authoring attorney Michael Lennie, with Lennie Literary & Author’s Attorney.
Authors should negotiate better terms on several contract provisions, he said. They include:
Tips & tricks for negotiating your first textbook contract
The most important things to negotiate in a first contract are the amount of the advance, the royalty rate and who will control which rights, said Jeff Herman, owner of the Herman Literary Agency in New York.
Keep in mind when negotiating the advance how the publisher calculates it, Herman said: “It will tell you how far they’re willing to go.” To calculate how much of an advance it will offer, the publisher looks at the number of books it will sell during the first year and the dollar amount the author will receive per copy. For example, if the author will receive $2 per copy, and the publisher will sell 10,000 copies the first year, the author will earn $20,000 in royalties. That $20,000, he said, is the highest the publisher will be willing to go in negotiating the advance.
Negotiating the foreign sales clause in textbook contracts
If authors are not careful when negotiating language related to foreign sales in their book contracts, they can end up earning next to nothing on international sales of their books.
Stephen Gillen, an attorney with Wood Herron & Evans, said that although he cannot provide exact language authors can use to negotiate the foreign sales clause in their contracts without knowledge of the unique facts and circumstances of each case, he suggests authors use the following to start the discussion with their publisher: