Three authors filed a complaint in U.S. district court asserting that McGraw Hill is in breach of contract for a recent change to royalty calculations for products sold on its Connect digital platform. The complaint, Flynn v. McGraw Hill LLC, 21-cv-00614, U.S. District Court, Southern District of New York (Manhattan), was filed on January 22 by Sean Flynn, Associate Professor of Economics, Scripps College; co-author of Economics: Principles, Problems, and Policies. (Now in 22nd edition.), Dean Kardan, Prof Economics and Finance, Kellogg School of Management, Northwestern U; co-author three textbooks: Economics, Microeconomics, and Macroeconomics, and Jonathan Morduch Professor of Public Policy and Economics at Wagner Graduate School of Public Service in NYU, co-author with Dean Kardan of the above three books.
Accessible college textbooks: From problematical to profitable
Following is an excerpt of an article published by Robert Martinengo, Founder, Consumer Accessibility Information Label Association (CAILA). The article explains how publishers can serve the needs of college students with disabilities while making, not losing, money.
For years, publishers have been encouraged to produce books that are accessible to students with disabilities. Those advocating for accessible books include people with disabilities, naturally, and organizations that represent their interests. But the sector with pressing legal, practical, and economic interests in the accessibility of educational materials are colleges and universities
Acronym Scrabble: Understanding your royalty statements
Publishers love acronyms. They take up less space in their software programs and they are convenient to use in daily conversations. Royalty statements are not easy to interpret. When publishers use abbreviations, it can add to the already confusing task of understanding your statements. To help authors better understand and navigate their statements, here we outline some of the most common abbreviations and terminology.
Will aggregated textbook products shift more risk to authors?
In a post on October 20, I described decisions made by the Southern District of New York in a lawsuit between authors and Cengage. The authors had alleged breach of contract as well as bad faith dealings by Cengage in regard to their products Cengage Unlimited and MindTap. Read about it here.
This is more of a thought piece—generated in part by an aspect of the authors’ allegations—about what would constitute goodfaith in a publisher’s interactions with authors. I ask this not as a legal matter, about which I am not qualified to opine, but as an ethical one.
The authors’ allegations stem from an uncontested aspect of both the MindTap and Cengage Unlimited royalty allocation models. In both products, Cengage counts a portion of each sale as non-royalty-bearing income. In the case of MindTap, that non-royalty-bearing portion is called ‘ancillary materials’ encompassing “tests, studies guides, exercises”. For Cengage Unlimited, this portion is called ‘courseware’ but apparently includes the same ancillary materials as MindTap.
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.
Nominations for the 2021 Textbook Awards now open
Nominations for the 2021 Textbook Excellence Award (“Texty”), McGuffey Longevity Award (“McGuffey”), and Most Promising New Textbook Award, will be open September 1 to November 1.
For more than 20 years, TAA has supported textbook and academic authors through these highly-recognized awards, given annually to emerging and veteran published authors in eight subject categories.