What you need to know about ‘cross-collateralization’

Magnifying Glass Over Papers and Word "Contract"in FocusIt has an intimidating name. Indeed, it takes more letters to spell it than to put it into effect. But what is it and why is it bad for authors?

Most every book publishing contract will include a provision that obligates the publisher to periodically account to the author for the publisher’s sales of the author’s work. The language will probably look something like this:

Payments to the Authors will be made semiannually, on or before the last day of March and September of each year for royalties due for the preceding half-year ending the last day of December and June, respectively. If the balance due an Author for any royalty period is less than $50, no payment will be due until the next royalty period at the end of which the cumulative balance has reached $50. Any offsets (including but not limited to any advances or grant) against royalties or sums owed by an Author to the Publisher under this or any other agreement between the Author and the Publisher may be deducted from any payments due the Author under this or any other agreement between the Author and the Publisher. [Read more…]

Ask the Expert: What to look for in publisher-driven ‘new’ textbook contracts

Gillen book covers

Steve Gillen has authored three books with TAA on the topics of textbook authoring, publishing, contracts, and rights clearance and permissions.

Q: I’m a published author. I signed a textbook contract with a publisher 32 years ago and the first edition of my text was published 30 years ago. It’s since been revised 9 times, all under the original contract, and is due to be revised again soon. Recently, my publisher wrote and said they wanted to sign a new contract for the new edition because the industry had changed, their business model had changed, and the old contract was no longer in step with their current practices. Should I go along with this and sign the new contract?

A: Maybe. . . but not without doing a little homework first. Your original contract almost certainly contemplated that your text, if successful, would need periodically to be revised. What it probably said about this was that “if and when” the publisher thought a revision was warranted, the publisher would call upon you to prepare it. And if you were willing and able to do that, the revision would be prepared and published under the terms of your then existing agreement as if it were the work being published for the first time. [Read more…]

Textbook rights reversion: How to get them back

A Second Bite at the AppleMost publishing contracts are for the life of the copyright, so how could an author ever get their rights back? In her TAA webinar, “A Second Bite at the Apple: Getting Rights in Your Book Back”, Brenda Ulrich, a partner at Archstone Law Group, discussed the role of reversion clauses in a publishing contract, which allow rights in a book to revert to their authors under certain circumstances.

The issue of rights reversion can confound many authors, said Ulrich, especially as it relates to how broad the grant of rights is in any traditional publishing contract. “It’s a very broad, very wide, very long, license,” she said. “You are giving the publisher permission to publish the book, but you are not signing over the book to them forever.” [Read more…]

eBook Download – Can My Textbook Publisher Really Do That?

First-time and novice textbook authors may ask themselves throughout the publishing process – “can my publisher really do that?” And the answer is “yes”. And “no”. And “it depends”. Your answer will be determined by the initial negotiation of contract terms and your willingness to invest time in marketing the work after it’s published. TAA’s newest e-book is full of advice on both. [Read more…]

Analog contracts in a digital world

Shaking hands over a signed contractCollege level textbooks and their publishers have been in the news a lot lately, with all of the major higher education publishers emphasizing a shift to a digital first market strategy. The vast majority of publishing agreements for established textbooks were written in a world where print books were the dominating market offering. As the world shifts, there are certain contractual provisions to be mindful of when evaluating one’s royalty statements and in negotiations over amendments.

In reality, print sales still dominate, but publishers are trying to move away from the model, and the future of higher education materials is uncertain. [Read more…]

President’s Message: The shifting landscape of textbook publishing

Laura FrostAs many of us return to campus for the fall semester, it may be time for both textbook and academic authors to take a look at what our institutions are doing regarding textbook purchases and costs. Is your campus offering Cengage Unlimited or signing up for Pearson’s Inclusive Access? With Pearson’s recent announcement this past July that it will also be “moving from ownership to subscription based access models”, several of the major publishers have now committed to digitally transforming their businesses into something more akin to Netflix than what authors have been used to (DVD purchases).

It only takes a few hours of internet research to discover that the publishing industry is only doing what consumers want—lower textbook prices—and hoping that the investment will be worth it in the long run. After losing out to rentals, piracy, and OER models, publishers are lining up to recollect on their own investments. But where does this leave their authors? [Read more…]

How might the McGraw-Hill and Cengage merger affect authors?

Are you wondering what the recently announced merger between textbook giants McGraw-Hill and Cengage could mean for authors? Join publishing attorney Steve Gillen and textbook author and Monroe College professor Karen Morris for their session at TAA’s 32nd Annual Conference entitled: “Mergers and Acquisitions Among Publishers: Authors Need a Life Jacket.”

Gillen and Morris will discuss the recent history of consolidation in educational publishing. How does it impact an author’s career? What can you do to prepare for the possibility? What should you do if it happens to you? What options exist if new relationships don’t go well? Get answers to these and related questions, and ideas on how to survive well. [Read more…]

Just two weeks left to register early and save!

Early registration for TAA’s June Conference ends April 15. All rates increase by $50 after that date. Join us in Old City, Philadelphia, June 14-15 and prepare to be inspired!

TAA’s conference program features three writing tracks:

Academic Writing Track: Learn tips on how to plan your writing projects for maximum productivity; create writing that is clearer, better organized, and more compelling; revise at the macro and micro levels with efficiency; safeguard your scholarship; get started with conducting and writing systematic reviews; use qualitative coding to enrich data analysis; collaborate more effectively; and more. [Read more…]

Textbook & Academic Authoring Conference to feature sessions on contracts and royalties

TAA’s 32nd Annual Textbook & Academic Authoring Conference speaker and mentor panels will feature several publishing industry professionals with expertise on topics such as intellectual property, copyright, publishing contracts, and royalties. The conference will be held in Old City, Philadelphia, June 14-15, 2019.

Intellectual property attorney Brenda Ulrich, a partner at Archstone Law Group PC, will kick off the conference with a session titled “Legal Issues for Independent Contractor Authors and Self-Publishers.” This session will explore legal issues in the “post-traditional publishing contract world.” [Read more…]

Cengage announces launch of new ‘Author Relations Team’

textbooksCengage announces the launch of its new three-member “Author Relations” team, which will be responsible for working with its higher education authors on their business-specific needs and questions related to contracts and royalties.

According to a post on their blog that answered questions posed by TAA last fall, “The AR team will take lead on working with authors regarding royalties across the board. Each author will have an AR rep that they can call directly with questions of that nature.” [Read more…]