MindTap and Cengage Unlimited under fire from two new class action lawsuits

On August 12, 2019 the law firm of Susman Godfrey LLC filed a class action lawsuit against Cengage Learning on behalf of Douglas Bernstein and four other authors. Three days later, a similar suit was filed by Slarskey LLC on behalf of Grafton H. Hull.

Both cases reflect elements of a 2018 lawsuit against Cengage Learning by authors David Knox and Caroline Schacht, which was handled by Slarskey’s firm. At issue in all of these cases are Cengage’s emerging publishing practices and royalty calculations associated with its digital MindTap platform and the Cengage Unlimited subscription service.

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Pearson’s move to ‘digital first’: Perspective from a key Pearson executive (Part I)

On July 24th, I had the opportunity to interview Paul Corey of Pearson by phone for about an hour regarding the recent announcement that Pearson will move to a digital first strategy for its textbook business. Paul is the Senior VP of Global Content Strategy for Pearson, and thus plays a key role in developing and implementing plans like the digital first strategy. Paul also has primary responsibility for Pearson’s relationships with authors, so I was especially appreciative of the chance to hear his thoughts on how the new direction might affect authors.*

I started the conversation by asking Paul about the principal reason for Pearson to shift its focus to a digital-first strategy. He responded with three specific rationales for the move, not necessarily in order of importance:

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Pearson’s ‘digital first’ announcement: A legal perspective

Interpreting, Adapting, and Amending Textbook Publishing Contracts in a Changing Publishing World

In announcing its new strategic commitment to digital courseware and its dramatic break from the traditional model of successive print editions of textbooks, Pearson addressed a letter “to our author community.” In the letter, Pearson emphasized its ties to “our authors and partners” and declared that “together we can provide updates, enhancements, and digital functionality to respond more quickly to changing customer expectations, demands, curricular shifts and developments in your field.”

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Pearson announces move to digital-first

Pearson, one of the world’s largest educational publishers, recently announced that all of its U.S. higher ed titles will be released in digital-first format. The announcement comes as Pearson takes steps to regain profitability in a market that has become increasingly price sensitive.

For Pearson, digital-first is a departure from the traditional publishing model in which final drafts are handed off to a compositor who lays out pages that are then sent to be printed. Once a print edition is produced, a second production process swings into gear to create a digital book, either by outputting to PDF format or by transforming text and media into a digital format that is uploaded to a cloud-based learning platform.

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