In a recent post on the Cengage blog, Erin Joyner, the company’s senior vice president of product, said that authors cannot opt out of Cengage Unlimited. However, industry experts say Cengage cannot make this sweeping statement.
“The large majority of publishing agreements do not contemplate the Cengage Unlimited model of distribution,” said David Slarskey, a litigator with Slarskey LLC. “Refusing author demands to opt-out tends to undermine the terms of the contract.”
We recently reached out to winners of the 2018 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. We will be sharing their answers in a series of posts over the next few weeks.
This first installment of the four-part series focuses on why they decided to write their textbook, and how they got the interest of a publisher.
Cengage’s royalty calculation model for its new subscription service Cengage Unlimited has raised a few questions that remain unanswered, primarily, will their model account for the range of existing publishing agreements—which have a variety of different provisions for accounting for royalties?
“Here’s the key problem,” said Stephen E. Gillen, a partner with Wood, Herron & Evans. “Cengage has a wide variety of different contracts that were entered over time. Some of their longer lasting titles, those in their 10th edition and up, are the subjects of original contracts still in place that were entered 40 or more years ago. Many of their contracts were not done on Cengage forms but were acquired from other publishers, all of which have different provisions for accounting for royalties. Some of them were done before the days of bundling, custom publishing, digital publishing, and publishing through interactive/adaptive learning platforms and so do not provide expressly for those then unanticipated media or channels of distribution. But Cengage has thousands of authors and almost certainly a greater number of contracts (no author will have less than one contract, and many will have multiple contracts). It’s hard for me to imagine that they are going to have lawyers go back over every single contract to determine if and how it should be treated in the current scheme.”
Looking for inspiration and structure for your summer writing projects? Look no further. TAA’s 31st Annual Textbook & Academic Authoring Conference features veteran authors, industry professionals, and intellectual property attorneys who can provide strategies and guidance on how to move forward with your writing projects to reach your publication goals. Join us at La Fonda on the Plaza in Santa Fe, NM, June 15-16 and prepare to be inspired.
In a January 25 email to its authors, Cengage said that it will have more detailed information about how royalties will be calculated on Cengage Unlimited subscriptions by March. “With the introduction of Cengage Unlimited, we know authors are keenly interested in how royalties will be calculated,” the email stated. “To answer that question, we are currently building out the Cengage Unlimited platform and assessing financial and royalty systems to enhance our ability to track student access.”
Cengage’s Chief Product Officer Fernando Bleichmar said the company will continue to honor its contractual obligations with authors under the Cengage Unlimited model, but that the contract they have with authors generally grants them the discretion to publish the work in the way they think best helps drive the sales of those titles.
“We have spent significant time with our internal teams making sure the contracts allow us to do the Unlimited model,” he said. “The contracts are established in a way in which the publishers have the discretion of evolving the model that benefits both the authors and the publisher, and our contracts allow the creation of different models. We are going through all the details in the contracts, having those conversations with our authors to make sure they are comfortable with the Unlimited model as we move forward.”
