Collecting unpaid royalties: Trends, traps, and litigation strategies in textbook royalty enforcement

textbooksMuch has been written about changes in the college textbook marketplace over the last decade. The industry has adapted to new pedagogical methods, the proliferation of digital learning materials, and profitability pressures felt by publishers — all leading to significant innovation in the publication of learning materials. Some observers have concluded that we may be witnessing the death of the textbook as we have known it.

As the textbook publishing marketplace has changed, so too have relationships evolved between authors and their publishers. Commercial arrangements forged in the era of print media — which were amended and extended over time to apply to the publication of new editions — have been impacted by these industry-wide changes. [Read more…]

How to part with your publisher when your textbook goes out of print

Textbook ResearchDuring the 2017 TAA Conference session, “Wanna Get Away? Maybe Now You Can: Parting with Your Publisher,” intellectual property attorney Stephen E. Gillen, a partner at Wood, Herron & Evans, said that one event that can open the door to parting with your publisher is when your textbook goes out of print.

When and how your textbook goes out of print is governed by your contract, said Gillen, which means it’s best to think about these situations in the early stages of negotiating your publishing contract. “They [your publisher] are probably going to be more inclined to make changes in that language in the beginning than they would be somewhere along the way,” he said. [Read more…]

Q&A: How do you phase out a co-author?

Textbook PublishingQ: How do you phase out a coauthor who is now retired and with whom you have worked with for many years?

A: Mary Ellen Lepionka, co-author of Writing and Developing Your College Textbook: A Comprehensive Guide:

“The best way to phase out a co-author is to bring in a new co-author and increase the proportion of a new content, but so long as the book has original content contributed by the original author, that coauthor has a legitimate (and legal) stake in the book. Publishing industry standards for textbooks call for a gradual reduction in the royalty split, reflecting the reduced contribution, proportionally, to revisions. [Read more…]

Creative self-help for textbook authors

In her 2017 TAA Conference session, “Creative Self-Help for Textbook Authors”, Mary Ellen Lepionka, co-author of Writing and Developing Your College Textbook, shares practical advice and models a creative problem solving approach that you can customize to create your own useful tools for success in your textbook enterprise. Watch the full presentations on demand. [Read more…]

Intellectual property attorney: First-time textbook author has leverage in contract negotiations

Stephen E. Gillen, author of Writing and Developing Your College Textbook: A Comprehensive Guide, says the first-time textbook author definitely has leverage in contract negotiations, and can negotiate changes in the standard publishing agreement.

Listen to the full interview

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

2017 TAA Textbook AwardsI recently reached out to winners of the 2017 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. I will be sharing their answers in a series of posts over the next few weeks.

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

Join us 3/22 for the TAA webinar, ‘Author Q&A: Writing and Developing Your College Textbook’

Stephen GillenSean WakelyMary Ellen LepionkaJoin us Wednesday, March 22 at 3-4 p.m. ET, for the TAA webinar, Author Q&A: Writing and Developing Your College Textbook. The authors of Writing and Developing Your College Textbook will share insights into the higher education publishing industry, textbook contract negotiation, and textbook development. Learn the two-three key trends in the higher education publishing industry about which an author or prospective author should know; [Read more…]

Textbook contract clauses: Understanding advances and grants

Guide to Textbook Publishing ContractsStephen GillenAn advance is a pre-payment of royalties to be earned upon the publication of your textbook. It will be recouped out of the royalties first accrued from the commercial exploitation of your work. It is not uncommon for publishers to agree to advance from 50% to 100% of expected royalties on projected first year sales. The advance may or may not be refundable if your manuscript is rejected and your contract is cancelled.

A grant, conversely, is a payment intended to cover some or al of the out-of-pocket costs of research and/or manuscript preparation. It is generally not recouped out of accrued royalties, and like the advance, may or may not be refundable in the event the manuscript is rejected. [Read more…]

New spring 2017 TAA webinars – Improve your skills

TAA fall webinar seriesWhether you are interested in learning how to use social media to promote your writing, enhancing your approach to visuals, creating instructional media on a budget, writing and developing a college textbook, or creating ancillary materials and companion websites, TAA’s spring webinar series for textbook and academic authors has you covered. Join us as various industry experts share their expertise on academic and textbook writing topics. Sign-up early to reserve your spot! Not a TAA member? Learn more about member benefits and join today. [Read more…]

Download a sample of ‘Writing and Developing Your College Textbook’

Writing and Developing Your College TextbookWriting and crafting a textbook and attending to authoring tasks is a time-consuming, complex—some would say monumental—project, even harrowing at times. The updated and expanded third edition of Writing and Developing Your College Textbook, will guide you through the nuts and bolts of the textbook development process, and provide essential background information on the changing higher education publishing industry, as well as how to choose a publisher, write a textbook proposal, negotiate a publishing contract, and establish good author-publisher relations.

Subscribe to our email list and we’ll send you a 17-page sample of the book.  [Read more…]