From the Archives: Articles on ‘Recognition and Rewards’ From TAA Report, Compiled by TAA Member Phil Wankat

The seventh installment of TAA Member Phil Wankat’s curation and commentary of the archival issues of the TAA Report (now The Academic Author), Recognition and Rewards, is now available. Articles include “Frustrations of a University Book Author,”  “The New Paradox of the College Textbook,” and “What Effect is Using a Text You Authored Likely to Have on How Students View You?”.

More Archival Topics From TAA’s Print Newsletter with Commentary From Long-Time Member Phil Wankat

Long-time TAA Member Phil Wankat has dug back into his TAA print newsletter archive, this time into the black-and-white early issues published between 1994 and 2010, finding more gold to share with you along with his brief commentary of the value of each article.

We will be adding these articles to the web page, “Articles from TAA Report Archives (now The Academic Author) with Commentary,” along with the other articles he shared from the TAA Report, over the next few months. The articles are organized into 12 categories, including Authors Needed, Bios, Contracts and Legal Comments, Diversity, Managing and Planning, Money, Production, Publishing first book, Recognition and Rewards, Teaching, Textbook Scholarship and Textbooks in Promotion Cases, and Writing and Writer’s Block.
The first set of articles we are sharing, in the Authors Needed category, include:

“Co-authoring a book originally written by another,” by Frank Silverman. “Look for a book that has an author who is retired, or close to retirement or, well, deceased,” says Wankat.

“Authors uneasy over Pearson deal.” “Big mergers ‘reduce the opportunities for new authors and even close the door on experienced authors,'” says Wankat.

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!

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.