When it comes to contract negotiations, you have to do your homework, says Steve Gillen, partner at Wood, Herron & Evans, where he concentrates his practice on publishing, media, and copyright matters. “Negotiations are ultimately influenced by which side knows the most about the other side’s positions. The editor starts this contest with an advantage gained from experience in the market, experience doing other similar deals (undoubtedly many more than you have done), and the benefits of your perspective as reflected in your proposal. The way to get on an even footing with the editor/publisher is to learn more about the publisher’s plans for, and expectations of, your work — information that will help you evaluate your leverage and the editor’s weaknesses.
Refusal to publish: What you need to know
What would you do if your textbook publisher asked you to work on a 3rd edition of your textbook only…
Hudson, Whisenhunt receive TAA Textbook Contract Review Grant
Danae Hudson and Brooke Whisenhunt have been awarded a TAA Textbook Contract Review Grant for their textbook, Introductory Psychology, to…
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
PODCAST: The 10 Worst Legal Mistakes a Textbook or Academic Author Can Make
Publishing lawyer Zick Rubin provides a countdown of the 10 worst legal mistakes that a textbook or academic author can make. Learn the legal traps that can be found in a range of areas, including provisions in publishing contracts, collaboration agreements, and copyright and permission issues.
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).