What to consider before signing your first textbook contract

The following advice came from a 2014 TAA Conference Roundtable Discussion led by Mike Kennamer and Steven Barkan, entitled, “What I Wish I Had Known Before I Signed My First Textbook Contract”:

“Be prepared that some books don’t make money.” – Steven Barkan

“$3,000 would be a good advance for most first time textbook authors.” – Attorney Zick Rubin

“I received a grant rather than an advance for my text. A grant is better because it isn’t an advance against royalties.” – Mike Kennamer

“You don’t want snapshot quality photos in your textbook. Hire a professional or purchase professional photos.” – Mike Kennamer

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Contract considerations when switching from contributing textbook author to lead author

Q: If an author is transitioning from a contributing author role to the role of a lead author, do they have to accept the same contract conditions/stipulations that were negotiated by the original authors?

A: Michael Lennie, Attorney and Literary Agent, Lennie Literary Agency & Author’s Attorney:

“I see at least a couple of meanings to your use of the term ‘a contributing author’, each of which results in a different answer. If you have been ‘contributing’ only to certain elements (e.g., chapter summaries, or a particular supplement to the main text), but not to the overall book, you may have entered into what is designated a “work-made-for-hire” (‘WMFH’) agreement with your publisher. A WMFH agreement requires the agreement be in writing clearly stating that it is in fact a ‘work-made-for-hire’ agreement. A WMFH agreement is quite different from an author/publisher agreement (ah, but that’s another tale).

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