Early registration open for TAA’s 2019 Conference

Join us in Old City, Philadelphia for TAA’s 32nd Annual Textbook & Academic Authoring Conference. Early registration is now open!

TAA’s conference will be held on June 14-15 at the beautiful Wyndham Philadelphia Historic District Hotel. Located in the heart of Philadelphia’s Old City, the neighborhood known as America’s most historic square mile, rich with treasures of American heritage, the Wyndham hotel sits adjacent to the historic Christ Church and Burial Ground, one block off charming Market Street, and within easy walking distance to Independence Hall, Liberty Bell Center, and the Betsy Ross House. [Read more…]

Textbook authors settle lawsuit over Cengage Unlimited

Choices in RelationshipsTextbook authors David Knox and Caroline Schacht have settled their lawsuit with Cengage over its Cengage Unlimited subscription service for an undisclosed sum. Under the terms of the agreement, the rights to the authors’ textbook, Choices in Relationships, will revert back to them, and Cengage will receive all rights to the authors’ remaining textbooks, Marriage and the Family, and Understanding Social Problems.

Cengage authors David Knox and Caroline Schacht filed a class action lawsuit against Cengage on May 14, claiming the company’s emphasis on digital distribution, including its new Cengage Unlimited model and expanded digital courseware offerings, violated their publishing agreements, and that the company was refusing to provide information that would allow them to audit their royalty payments. [Read more…]

College textbook publishing: Royalties, risk, and reward

High books stack with open book isolated on white background. Many colorful book covers.College textbook authors are motivated to write for many reasons. Some write with the goal of providing the optimum textbook for their students. Others are excited to share their approach to teaching a subject, or they simply enjoy the experience of translating research into practice. And, in some cases, the primary motive is to generate income.

Regardless of their motives, every textbook author must grapple with the same question: How can I achieve the best return on the time I spend writing a textbook, and how much risk should I accept in exchange for my sweat equity? To this end, there are several considerations authors should keep in mind regarding royalties as they negotiate a publishing agreement. [Read more…]

Cengage denies trampling authors’ rights, claims Cengage Unlimited will increase author royalties

TextbooksIn its response to a class action lawsuit filed against them in May by David Knox and Caroline Schacht, Cengage denies that its business model “tramples on” or is in any way inconsistent with its authors’ rights and said it believes that the new Cengage Unlimited model will “increase sales and revenues (and, accordingly, royalties to authors).”

Cengage authors Knox and Schacht filed their class action lawsuit in the U.S. District Court for the Southern District of New York on May 14 against Cengage claiming the company’s emphasis on digital distribution, including its new Cengage Unlimited model and expanded digital courseware offerings, have violated their publishing agreements. The suit also claims that the company is refusing to provide information that would allow them to audit their royalty payments. [Read more…]

Will Cengage’s rising tide lift all boats?

Subscription models for reading materials are not unheard of in other industries, but they are a new model emerging within the higher education publishing industry. Late last year, Cengage announced Cengage Unlimited, a subscription based model offering access to its entire catalog of textbooks and related learning materials to college students for a flat price of $119.95 per semester calls Cengage Unlimited. Royalty structures under these models vary. Newer contracts provide broad leeway for publishers to allocate royalties on in a way they deem reasonable.

While boon to students, especially those assigned multiple Cengage texts, it has left Cengage authors wondering about the impact to their royalty earnings. [Read more…]

Authors Knox and Schacht file lawsuit against Cengage, claiming company has ‘trampled on its authors’ rights’

Textbook StackCengage authors David Knox and Caroline Schacht filed a class action lawsuit in the U.S. District Court for the Southern District of New York on May 14 against Cengage claiming the company’s emphasis on digital distribution, including its new Cengage Unlimited model and expanded digital courseware offerings, have violated their publishing agreements. The suit also claims that the company is refusing to provide information that would allow them to audit their royalty payments.

According to the complaint, Cengage’s plan to overhaul its business model after emerging from bankruptcy in 2014, “has trampled on its authors’ rights”. The suit alleges that Cengage’s new Cengage Unlimited business model has the company “dismantling its support” for individual title sales in favor of selling subscriptions to Cengage Unlimited, which plaintiffs say violates their contracts and will reduce the amount of royalties they will earn, while allowing Cengage to retain a larger share of revenue. [Read more…]

Cengage says authors cannot opt out of Cengage Unlimited

textbook opt outIn a recent post on the Cengage blog, Erin Joyner, the company’s senior vice president of product, said that authors cannot opt out of Cengage Unlimited. However, industry experts say Cengage cannot make this sweeping statement.

“The large majority of publishing agreements do not contemplate the Cengage Unlimited model of distribution,” said David Slarskey, a litigator with Slarskey LLC. “Refusing author demands to opt-out tends to undermine the terms of the contract.”
[Read more…]

2018 Textbook award-winning insight (Part 1): Deciding to write and getting the interest of a publisher

2017 TAA Textbook AwardsWe recently reached out to winners of the 2018 TAA Textbook Awards and asked them to answer some questions about how they made the decision to write their textbook, how they interested a publisher, what they do to boost their writing confidence, how they fit writing time into their schedule, and more. We will be sharing their answers in a series of posts over the next few weeks.

This first installment of the four-part series focuses on why they decided to write their textbook, and how they got the interest of a publisher. [Read more…]

Executive Director’s Message: Developing sustainable textbook business models

Textbooks have a very different challenge from journals in converting to online businesses. First, readers have not embraced longer works online quite as enthusiastically as they adopted shorter journal articles. Print continues to have strong appeal as a reading format.

Another critical barrier to developing sustainable online textbook business models is working out the complexities of author royalties.

We have entered a new phase of experimentation with textbook business models. One major textbook publisher recently introduced a digital platform providing student access to all eligible textbooks in the publisher’s portfolio for a flat rental fee per semester. This is but one version of a broader strategy called “inclusive access” (see Joe Esposito’s excellent post on this in SSP’s Scholarly Kitchen blog from March of last year). Inclusive access plans enable institutions to negotiate for campus-wide access to titles for a student fee that can be a fraction of the current average cost of textbooks each semester.

There are serious concerns among authors – especially of works already published – about how these new plans will impact royalties. Are authors paid a small share of every student fee collected?…every time their work gets used?…or only when the work is adopted for a particular course? It is unknown how online royalties accounting can be audited, or whether author royalties for online access can remain at least comparable to print royalties.

Even so, experimentation with business models is necessary. Textbook publishing must adapt to both the threats and opportunities presented by the digital environment.

The business case for aggregated fees rests on expanding market share and increasing the percentage of students who purchase access digitally. Inclusive access and other strategies have already reduced student average spending per semester and per book in recent years, according to the Association of American Publishers (AAP), and the number of students who are getting by without purchasing a textbook, or only buying used books is still apparently very high today (see http://bit.ly/2ivJwlY).

Non-sales and used copy sales do not contribute anything to author or publisher royalties. Changing that dynamic might stabilize author royalties even if the royalty ‘per unit’ is lower. But there are risks for authors in the new arrangements, and the rollout of publisher business model experiments has so far been shrouded in secrecy. Publishers who want to act as partners with authors will take steps to inform them and address their questions before experimental models are presented to the market. And authors, as key stakeholders, should remain open minded to new models, but express their concerns and ideas pro-actively with their publishers whenever possible.

~ Michael Spinella, TAA Executive Director

3/7 TAA Webinar: ‘Royalty Disputes: Legal Strategies in Pursuit of Information and Payments Due’

Juli SaitzDavid SlarskeyJoin us Wednesday, March 7 from 2-3 p.m. ET for the TAA Webinar, “Royalty Disputes: Legal Strategies in Pursuit of Information and Payments Due”, presented by dispute resolution lawyer David Slarskey and royalty auditor Juli Saitz. The two will discuss the challenges associated with getting reliable information from publishers, the state of the law for authors seeking access to data, and negotiation and legal strategies for pursuing recoveries while protecting relationships.

[Read more…]