Collecting unpaid royalties: Trends, traps, and litigation strategies in textbook royalty enforcement

Much has been written about changes in the college textbook marketplace over the last decade. The industry has adapted to new pedagogical methods, the proliferation of digital learning materials, and profitability pressures felt by publishers — all leading to significant innovation in the publication of learning materials. Some observers have concluded that we may be witnessing the death of the textbook as we have known it.

As the textbook publishing marketplace has changed, so too have relationships evolved between authors and their publishers. Commercial arrangements forged in the era of print media — which were amended and extended over time to apply to the publication of new editions — have been impacted by these industry-wide changes.

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How to part with your publisher when your textbook goes out of print

During the 2017 TAA Conference session, “Wanna Get Away? Maybe Now You Can: Parting with Your Publisher,” intellectual property attorney Stephen E. Gillen, a partner at Wood, Herron & Evans, said that one event that can open the door to parting with your publisher is when your textbook goes out of print.

When and how your textbook goes out of print is governed by your contract, said Gillen, which means it’s best to think about these situations in the early stages of negotiating your publishing contract. “They [your publisher] are probably going to be more inclined to make changes in that language in the beginning than they would be somewhere along the way,” he said.

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Call for Proposals: Textbook and academic authoring conference

TAA’s 31st Annual Textbook & Academic Authoring Conference will be held at La Fonda on the Plaza, Santa Fe, NM, June 15-16, 2018. The conference is attended by authors and aspiring authors of textbooks, journal articles, and other academic works, as well as by industry professionals from across the country.

TAA invites the submission of presentations relevant to authoring and publishing textbooks and academic works (journal articles, books, and monographs).

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Give your faculty authors a boost: Host a TAA sponsored writing workshop at your institution

During the 2017-18 academic year, TAA will help sponsor a limited number of faculty writing workshops at universities and colleges across the country. TAA’s sponsorship covers the majority of the cost of bringing a presenter to your institution. The host institution is responsible for a fee of $1,650, which includes up to 75 TAA faculty memberships, available to faculty whether or not they attend the workshop. TAA provides an online institutional membership application process that makes joining TAA easy for both the institution and faculty.

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