What you need to know about ‘cross-collateralization’

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.

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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.

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Copyright, Covid, and the virtual classroom

With 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.

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

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.

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

We 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.

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

We 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.

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