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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Q&A: How to approach a publisher to publish conference proceedings

Q: “I am organizing a conference that I think will be very good. How do I approach a publisher for the proceedings? What is such a publisher looking for?”

A: Michael Lennie, Authoring Attorney and Literary Agent, Lennie Literary and Authors’ Attorneys:

“Ask your adviser; or research similar proceedings to determine their publisher and editor. Obtain several and then contact them to see if they have an interest. The original contact should be by way of a query letter (one well written page) with or without synopsis, sent through snail mail with a SASE. Your initial query should be more detailed (3-4 pages) than the query for an article, including the names and a sentence or two about each participating panelist, his/her subject matter for the proceedings, the forum, date, time, etc.”

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Q&A: Tips on receiving feedback from students when you’re not teaching

Q: “How do you get feedback from students about your book when you are not teaching?”

A: Karen Timberlake, author of Basic Chemistry, winner of a 2006 Texty Award:

“Use a focus group. Bring in students (from a local school using your book) for an afternoon and ask them questions about it.”

A: Marilyn “Winkie” Fordney, author of textbooks on insurance billing and medical transcription:

“I created a questionnaire and gave it to faculty using my book, asking them to have their students fill it out.”

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Q&A: Can you switch textbook publishers once you are under contract?

Q: “What can you do if you feel that your publisher is not doing a good job handling your book? Is it possible to switch publishers? What legal issues are involved?”

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

“The publisher’s obligations to market your book are set out in your publishing contract. Generally speaking, most standard publishing contracts reserve very broad discretion to the publisher when it comes to these obligations. And editors and publishers take a good deal of faith and comfort in these carefully crafted provisions.. But the truth is that many courts have declined to read these provisions literally, relying in a number of cases on an implied obligation to deal in good faith as a means of reining in a publisher which may have abused its discretionary powers.

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