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

Much 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.

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

During 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.

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Call for Proposals: Textbook and academic authoring conference

TAA’s 31st Annual Textbook & Academic Authoring Conference will be held at La Fonda on the Plaza, Santa Fe, NM, June 15-16, 2018. The conference is attended by authors and aspiring authors of textbooks, journal articles, and other academic works, as well as by industry professionals from across the country.

TAA invites the submission of presentations relevant to authoring and publishing textbooks and academic works (journal articles, books, and monographs).

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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

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

I 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 three-part series focuses on why they decided to write their textbook, and how they got the interest of a publisher.

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Textbook contract clauses: Understanding advances and grants

An 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 incoming 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.

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