Create a collaboration agreement with your co-author

Collaborating with a co-author on producing a textbook can have many benefits, said Steve Gillen, an attorney with Wood Herron & Evans. “It can diffuse the burden of a large project; allow you to draw on each other’s strengths; create a broader appeal for the work; and give you access to a sounding board for ideas,” he said. “On the other hand, the most bitter troubles and disputes occur between co-authors. Of all disputes, those between collaborators are the worst–they almost never have a happy ending.”

One source of trouble is in the way the Copyright Act deals with co-authorship, said Gillen. “The default positions stated in the Copyright Act with regard to co-authorship are often not those that you would provide yourself,” he said. They include:

Create a collaboration agreement with your co-author Read More

Q&A: What are the tax advantages and disadvantages of a textbook author setting up an incorporation rather than operating as a ‘sole proprietor’?

Q: “What are the tax advantages and disadvantages of a textbook author setting up an incorporation rather than operating as a ‘sole proprietor’?”

A: Stan Gibilisco, author of several textbooks including Geometry Demystified:

“I tried this when I lived in Hawaii and discovered, to my horror, that my royalty income was subject not only to their income tax, but to their ‘sales’ tax as well (they call it a general excise tax). I figured that if I formed a Nevada corporation and had all my income channeled into it, and then became an employee of that corporation, the royalty income would not be subject to that onerous tax. It was a beautiful theory, but, like so many theories, did not work. The legislators in Hawaii had thought of that before I did and the law was airtight. Love it or leave it. I left.

Q&A: What are the tax advantages and disadvantages of a textbook author setting up an incorporation rather than operating as a ‘sole proprietor’? Read More

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.”

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

Q&A: Images are an integral part of your book, but how do you find an artist for creating them?

Q: “How do you find an artist for images in a text or trade book? Who pays? At what point is the art done? If the images are an integral part of the book, how does all of this work?”

A: Elsa Peterson, Freelance Editor, Norwalk, CT:

“Most of my experience is in college-level textbooks. In that industry, it is typically the publisher who hires the artist to render the images. The cost may come out of the author’s royalties or it may be part of the publisher’s investment, or some of both, depending on the terms of the author’s contract. Naturally the author is asked to submit ‘scrap’ (rough sketches, diagrams, and/or copies of similar images to what is desired) for the artist to work from. The author also typically gets to approve/suggest modifications to the renderings before they are final.

Q&A: Images are an integral part of your book, but how do you find an artist for creating them? Read More

Q&A: What to do when a coauthor transitions toward retirement

Q: “My coauthor on several different titles is transitioning toward retirement. I will soon be starting a revision without his active participation. We have a succession agreement on the royalty split in future editions, so that’s (hopefully) not an issue. However two questions have risen to top of the swirl of concerns that I have as I face this transition: 1) Is this a good opportunity to renegotiate my authoring contract? I suspect that my publisher will want to simply change the authoring designations as an addendum to the current contract. Should I insist on a new contract? Should I avoid that if they insist on a new contract?; 2) Assuming that I should renegotiate, how likely is it that I’ll be able to break them out of their boilerplate?”

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

“Taking on 100 percent of the writing responsibility is essentially a new deal necessitating some change in the terms of the relationship (royalty share, to name but one important term). There is no magic to how this change in the relationship is memorialized. It can be by amendment or addendum or by substituting a new contract. What is important is that, however it is memorialized, you capture all of the relevant changes.

Q&A: What to do when a coauthor transitions toward retirement Read More

Q&A: What advice can you share for authors who want to teach from their own textbooks?

Q: “I’m interested in some do’s and don’ts related to teaching a college course using one’s own textbook. I’m used to expanding on material and offer things ‘left out’ of others’ texts. Using my own, I find myself ‘teaching from the text’ more than I’d like (or more than what is interesting to the students). Any advice from those of you who have dealt with this?”

 A: Rebecca Plante, PhD, Assistant Professor & Chair, Personnel Committee, Sociology Department, Ithaca College, Ithaca, NY:

“I teach with two of my texts – I have to, as long as they’re in print, or it would look really bad (‘You don’t use your own books!!?’). My editor would have a hard time working with me if I refused to assign the text I wrote on sex…in my sexualities class. If I don’t believe in the text enough to adopt it, why would anyone else?

Q&A: What advice can you share for authors who want to teach from their own textbooks? Read More