Q&A: What happens to textbooks when a publisher sells lists to other publishers?

Q: “What happens to textbooks in inventory or those under contract when publishers sell lists to other publishers? How can we find out whether books have been stolen or put into the hands of resellers?”

A: Stephen E. Gillen, Attorney, Wood Herron & Evans:

“It depends upon the deal between the two publishers. Typically, the acquiring publisher buys the inventory along with the contracts. Then they sell it out or destroy it so they can produce a new printing under their imprint. It’s also possible that the acquiring publisher would have no interest in the existing inventory under the old imprint and would require, as a condition of sale, that the selling publisher destroy the inventory. Regardless of who sells the books, the author should get a royalty in accord with the terms of the publishing contract (of course, if the books are remaindered that royalty may be small or nonexistent depending upon the terms in the publishing contract). In any event, any sales should be reflected in the next royalty statement. If there is a question, ask the new and old publishers to provide an inventory reconciliation.”

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Q&A: How to penetrate the university textbook adoption process

Q: “I am a new author of a textbook on managing a construction firm. I have several adoptions by professors teaching construction courses at the college level, but I would like to penetrate the university market more. I have been making quiet contact through email to them. Is there a better way? I have attended an educators’ conference in construction and that has been a very good introduction to several people and plan to go back to their summer meeting.”

A: Myrna Bell Rochester:

“I am guessing that your book is with McGraw-Hill ‘Professional’ or ‘Trade’ (based in Chicago), and not with McGraw-Hill Higher Ed. (I write for both of them in a different field.) You are doing the right thing to make your book known, with your personal marketing and making contacts in your own area. Whereas the McGraw Higher Ed division has a very well developed marketing system, McGraw Professional doesn’t (to my knowledge) go to schools and universities to market individual titles.

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Q&A: Timeline for textbook royalties: When should you get paid?

Q: “I am concerned about the length of time a publisher can hold onto royalties. Mine are due in April, four months after the close of the accounting period in December. This means some monies have been held from July 1 through April — 10 months! I would think interest should be paid or royalties sent out on a more continuous basis.”

A: Steve Gillen, Attorney, Wood Herron & Evans:

“The publisher’s obligation to account for and pay royalties is set forth in the publishing agreement. While the timing of payment and the nature of information contained in the reports may be negotiable, the time to negotiate these issues is before the agreement is signed. Once the deal is done, it’s too late for the author to complain. Historically, publishers have paid royalties on an annual or semi-annual basis (providing reports and payments anywhere from 30 days to four months after the close of the relevant accounting period). I suppose there was a time when this delay was justified by the difficulty in processing returns and credits and closing the books. Now, however, it persists as custom rather than of necessity.

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