What you need to know about “cross-collateralization”

Magnifying Glass Over Papers and Word "Contract"in Focus

It has an intimidating name. Indeed, it takes more letters to spell it than to put it into effect. But what is it and why is it bad for authors?

Most every book publishing contract will include a provision that obligates the publisher to periodically account to the author for the publisher’s sales of the author’s work. The language will probably look something like this:

Payments to the Authors will be made semiannually, on or before the last day of March and September of each year for royalties due for the preceding half-year ending the last day of December and June, respectively. If the balance due an Author for any royalty period is less than $50, no payment will be due until the next royalty period at the end of which the cumulative balance has reached $50. Any offsets (including but not limited to any advances or grant) against royalties or sums owed by an Author to the Publisher under this or any other agreement between the Author and the Publisher may be deducted from any payments due the Author under this or any other agreement between the Author and the Publisher. [Read more…]

Authors’ suit against Cengage hits snags

In October 2019, six authors, intending to form a class action together with other Cengage authors, filed a lawsuit against Cengage alleging that Cengage’s royalty accounting for proceeds from distribution of their products through the MindTap and Cengage Unlimited business models breached the publisher’s royalty arrangements with authors. In addition to the breach of contract claim, the authors alleged that Cengage acted in bad faith towards authors regarding the two products. Before a trial could get underway, Cengage responded by asking for all counts to be dismissed, and that the attempt to form a class action be denied. [Read more…]

Copyright, Covid, and the Virtual Classroom

CopyrightWith the fall semester fast approaching, faculty are intensively preparing for the 2020-2021 academic year, in the face of continually changing information and circumstances. A number of our higher education clients have had questions about copyright issues relating to the transition of traditional in-person classes to online or hybrid formats. We have also been reviewing software agreements for various services that allow institutions to shift more of their offerings online. Here we discuss four common issues we have encountered. Although the answers are seldom black-and-white, we thought it would be useful to share some of the questions and possible approaches to them:

1) When can copyrighted third-party materials (including text, photographs, video, and music) be used without permission or licenses in online teaching activities? Can college libraries scan and provide digital access to print reserve materials? [Read more…]

Ask the Expert: What to look for in publisher-driven ‘new’ textbook contracts

Gillen book covers

Steve Gillen has authored three books with TAA on the topics of textbook authoring, publishing, contracts, and rights clearance and permissions.

Q: I’m a published author. I signed a textbook contract with a publisher 32 years ago and the first edition of my text was published 30 years ago. It’s since been revised 9 times, all under the original contract, and is due to be revised again soon. Recently, my publisher wrote and said they wanted to sign a new contract for the new edition because the industry had changed, their business model had changed, and the old contract was no longer in step with their current practices. Should I go along with this and sign the new contract?

A: Maybe. . . but not without doing a little homework first. Your original contract almost certainly contemplated that your text, if successful, would need periodically to be revised. What it probably said about this was that “if and when” the publisher thought a revision was warranted, the publisher would call upon you to prepare it. And if you were willing and able to do that, the revision would be prepared and published under the terms of your then existing agreement as if it were the work being published for the first time. [Read more…]

2020 Textbook award-winning insight (Part 3): Contracts, editing, and marketing

Textbook AwardsWe recently reached out to winners of the 2020 TAA Textbook Awards and asked them to answer some questions about why they made the decision to write their textbook, strategies they used for successful writing, advice on contracts, editing, marketing, co-authoring, and more. We will be sharing their answers in a series of posts over the next few weeks.

This third installment of the five-part series focuses on textbook contracts, working with editors, and marketing strategies. [Read more…]

2020 Textbook award-winning insight (Part 1): Purpose, timeline, and results

TAA Textbook AwardsWe recently reached out to winners of the 2020 TAA Textbook Awards and asked them to answer some questions about why they made the decision to write their textbook, strategies they used for successful writing, advice on contracts, editing, marketing, co-authoring, and more. We 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 the authors decided to write their textbook, how long it took to complete the process, and the benefits and challenges of doing so. [Read more…]

Full results of TAA’s 2020 Textbook Contracts & Royalties Survey now available

Click to download PDF ebook

In a recent survey conducted by the Textbook & Academic Authors Association (TAA), 27% of respondents reported that their 2019 royalties were 25% or more lower than in recent years. Only 8% reported that their royalties were 25% or more higher than in recent years.

One survey respondent, who writes in the Business discipline for Cengage and has been authoring textbooks since 1985, said: “Cengage Unlimited has had a significant impact on our royalties. We were told that CU would capture more sales (at a lower price point). It has not happened; we are selling (marginally) fewer units, but at a much lower price point.” The highest royalty rate this respondent had negotiated for both their print and digital textbooks was 20% and the lowest was 15%. They also reported their 2019 royalties were between 10% and 25% lower than recent years. [Read more…]

2020 Textbook Contracts & Royalties Survey

Are you curious what royalty rates other textbook authors are receiving for print and digital books? What about what they’ve been able to negotiate regarding first right of refusal, the sunset clause, or royalties for bulk, wholesale and foreign editions?

If you are a published textbook author, we invite you to participate in the Textbook & Academic Authors Association’s 2020 Textbook Contracts & Royalties Survey, which aims to provide a look into the range of royalties and contract options offered for print and digital textbooks. [Read more…]

eBook Download – Can My Textbook Publisher Really Do That?

First-time and novice textbook authors may ask themselves throughout the publishing process – “can my publisher really do that?” And the answer is “yes”. And “no”. And “it depends”. Your answer will be determined by the initial negotiation of contract terms and your willingness to invest time in marketing the work after it’s published. TAA’s newest e-book is full of advice on both. [Read more…]

Preparing for ripples, waves, and tsunamis in textbook and academic publishing

wavesRecently, we’ve seen shifts from print to digital, the rise of open educational resources and open-access journals, the consolidation of large publishers into mega-publishers, fundamental changes in how authors are compensated, and other significant changes to the nature of authoring. As we wait to see which of the ripples coming over the horizon dissipate and which become large—perhaps overwhelming—waves, what can we authors do to remain afloat?

Three main strategies can help academic and textbook authors continue to succeed as changes in textbooks, journals, or scholarly publications come along: vigilance, honing core skills, and agility. [Read more…]