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.”
Cengage, McGraw-Hill Education, Pearson, and Wiley won a $34.2 million verdict in the U.S. District Court for the Southern District of New York against a group of online booksellers and their owner for dealing in counterfeit textbooks.
The nine-person jury unanimously found the defendants — several Ohio-based bookselling companies, including Book Dog Books and Robert William Management, and their owner, Philip Smyres — liable for willful trademark infringement, willful copyright infringement, and breach of a prior settlement agreement.
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.
Textbooks have a very different challenge from journals in converting to online businesses. First, readers have not embraced longer works online quite as enthusiastically as they adopted shorter journal articles. Print continues to have strong appeal as a reading format.
Another critical barrier to developing sustainable online textbook business models is working out the complexities of author royalties.
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.”
As an author and publisher (and new member of TAA) preparing manuscripts of my own design and assisting other authors to do the same, I needed a service that was cost-effective and efficient. After researching several different services, I selected CreateSpace.com, which is a part of Amazon, because it allowed me to print quality textbooks for pennies on the dollar. I also like this service because of the free ISBN number and the fact that if you intend to revise an edition you can lock in the ISBN number for subsequent editions.
