Court Certifies Class of Textbook Authors in Class Action Against Cengage

By Zick Rubin and Brenda Ulrich, Archstone Law Group PC

On September 25, 2023, Judge Andrew Carter of the federal district court in New York City certified a class  of textbook authors in a class action brought against Cengage Learning  (Bernstein v. Cengage Learning, Inc.). The lawsuit alleges that Cengage unfairly apportioned the revenues it received from sales of “MindTap” digital interactive versions of the authors’ texts, arbitrarily  allocating to the authors either 50% or 75% of these revenues and reducing royalties accordingly. In the wake of the class certification, lawyers for the authors can proceed to seek reimbursement on a class-wide basis for the allegedly underpaid royalties. The class may consist of hundreds or thousands of authors, and the total claimed underpayment may total many millions of dollars.

Busy TAA People: TAA Members Named to 2024 Edition of Best Lawyers

TAA Members Brenda Ulrich and Zick Rubin, intellectual property attorneys with Archstone Law Group, PC, were named to the 2024 Edition of Best Lawyers. Recognition by Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by their peers. Their lists of outstanding lawyers are compiled by conducting exhaustive peer review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers. Congratulations Brenda and Zick!

Long-time TAA Member Phil Wankat Goes Back Into the TAA Newsletter Archives and Finds Gold

TAA Member Phil Wankat, who joined TAA in 1989, pored over his archival issues of the TAA Report (now The Academic Author), selected articles that have information that is still valid today, and included commentary on each. We will be adding these articles to the web page, “Articles from TAA Report Archives (now The Academic Author) with Commentary,” over the next few months. The articles are organized into 10 categories, including Authors Needed, Cartoons, Contracts, Ethics, Money, Production, Recognition and Rewards, Software, Textbooks as Scholarship, and Writer’s Block. The first installment is Authors Needed.

Textbook publishing contracts in an evolving publishing world

Over the past several years major publishers have been moving away from physical or electronic books into online learning platforms and courseware, and from straight sales of standalone books to bundles, custom products and subscriptions. Traditional publishing contracts were developed at a time when a book was a discrete unit, sales could easily be tracked in those units, and revisions occurred on a predictable cycle. Publishers are trying in various ways to update and adapt their contracts to the new textbook landscape. In her 2023 TAA Conference session, presenter Brenda Ulrich, an attorney at Archstone Law Group, will explore the ways in which the contracts are changing, and what the implications are for authors.

Registration is now open for the 2023 TAA Conference on Textbook & Academic Authoring

Network with other textbook and academic authors and gain knowledge on writing and editing strategies, writing productivity, textbook contracts and royalties, and much more! You will leave inspired!

You’ll have the opportunity to participate in more than two dozen educational sessions, one-on-one mentoring sessions with veteran textbook and academic authors and industry professionals, and plenty of networking and information-sharing sessions.

TAA’s 35th Annual Textbook & Academic Authoring Conference will be held online, June 9-10, 2023, on an interactive virtual conference platform.