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 Have questions? Sign up for TAA Listservs Q:"What are some of the rewards of textbook writing?" Q:"How do you and your publishers distinguish between electronic and paper rights and royalty rates? In trade, the royalty rate is usually 25 percent." Q:"Is permission needed from a publisher to develop resource materials for a textbook if those materials will be sold commercially or is it just necessary to have a disclaimer?" Q:"Should I receive royalties on products such as Vango Notes and other derivative products?" Q:"I am writing a book under contract and my chapters have been running so long I have already written the maximum number of pages negotiated with my publisher, yet have only fulfilled half the overall content promised. How should I approach this with the publisher? Should I renegotiate the overall content covered in the book or engage in some major editing?" Q:"If an author holds the rights to an out-of-print book, and allows it to be used by Google, does that make Google the 'exclusive' publisher, or does the author still retain the rights to redistribute his/her work as he/she chooses (e.g. put it on their own website, POD on Lulu.com, etc.)?" Q: "A friend of mine has an extraordinary self-published book of photos that has garnered the attention of a national publisher but he has no idea what a reasonable royalty rate would be, and I have no idea if it would be anything akin to text royalties. I'd describe his work as similar to any other professional photographer level coffee table book (think of a book on nature, national parks, flowers, etc). Does anyone have any idea what any standard royalty rate for this genre of books is?" 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?" Q: "I have been writing a textbook but so far have been unable to interest a major publisher. I may publish it with a small publisher without a sales force. That leaves me to market the textbook. Can you share some advice for what I should do in this situation?" Q: "I'm shopping a project around to a number of different publishers, but I'm having trouble figuring out exactly why I should choose one publisher over another, should more than one of them be interested. Assuming that each publisher makes approximately the same offer, and that my project fits in well with each publisher's list, what other factors should I take into consideration? Does anyone have any personal experience (or warnings) that they would like to share? I'm particularly interested in hearing about people's experiences with Cengage (formerly Thomson Brooks/Cole), Freeman, and Wiley, in the science/math college textbook divisions. It would also be very helpful to have any advice regarding questions I could ask of the editors to determine which publisher would be best to work with." Q: "What is an "author's questionnaire'?" Q: "I have recently completed a textbook, and am searching for a publisher. Should I have the book copyrighted?" Q: "I find that I am forever writing different versions of the same thing, leaving me with the problem of collating them, or blending them together. Also wastes time, of course, to duplicate effort like that. I wonder if working more from hard copy of ONE draft as I go along would help (spend more paper and less time??). Although computer has obvious advantages, it is deranging to me to not be able to see it all at once. Sometimes I literally cut and paste which helps. Using the collapsible outline in Word should work, but the formatting always drives me buggy. It does't LOOK like an outline with all the different heading styles and colors. Other things to try?" Q: "How do you bring your writing projects to completion? Do you write daily, in large blocks? What strategies do you use to overcome "writer's block"? What have you done to improve your writing skills? How do you manage your time so that you find time for writing?" Q: "I have a question about proposing textbooks as trade books. I am working on a book proposal that is interdisciplinary. I believe it has a broader appeal even though it would fit into women's studies curriculum more so that any other. In conversation with a textbook publisher, I got a little confused about the best way to write the section on audience - should I specify the audience- should I mention its value as a trade book?" Q: "I am interested in researching the types of textbooks that currently exist regarding preparing a student for a job and which courses utilize this book. Is there a way to determine, other than contacting universities directly, if books are currently being used regarding this topic and if they effectively address the current job market issues? Also, is it recommended, if you have a textbook topic idea, to send the proposal to multiple potential publishers? Is it necessary to completely write the book before marketing it to potential publishers?" Q: "Does anyone know a "rule of thumb" about what percentage of sales are lost to the used book market over the life of an edition? In other words, if the adoption rate remains basically static, how do royalty returns typically decline after the edition has been on the market for one year/two years/three years?" — Ginny Borden Maier, author of The Second X: The Biology of Women, Biology: Science for Life, and is at work on a third text on Human Biology." Q: "Does anyone know of a way to edit the PDF files or to put them into another program that allows additions, deletions, re-numbering of figures and sections, etc., without requiring the whole manuscript to be re-typed?" 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?" Q: "What techniques do you use to cut clutter, wordiness, jargon, etc. from your writing?" Q: "I'd like to use images in a book I'm working on. What are the copyright issues around using Internet images? Can anything found on the Internet be published? If not, where does one go to get permission? Are there any working guidlines?" (secondary question) "I was wondering after reading your e-mail whether there are substantial charges regarding images from large professional groups such as Getty. I have no budget for art in my contract so if I decide to use them it will most likely come out of my pocket. Any suggestions?" Q: "Ginny Borden Maier: Does anyone know a "rule of thumb" about what percentage of sales are lost to the used book market over the life of an edition? In other words, if the adoption rate remains basically static, how do royalty returns typically decline after the edition has been on the market for one year/two years/three years?" Q: "I'm a new member and read the informative messages about going from work for hire to contract work. As a beginner, I'd like advice on how to get work for hire assignments first. I've been an adjunct in English/Composition since 2000." Q: "I'm interested in information about the division of royalties, the typical percentages for members of the author team, and the percentage for the author who is retiring from the author team. Can anyone offer advice?" Q: "I am working on a different kind of Developmental Mathematics textbook. It is very difficult, nowadays, to distinguish between current Mathematics textbooks. Mine looks, feels, and reads in a very different unique way. I've presented it to one Publisher and they are interested. I know that it is to my advantage to approach other publishers, however, should I be concerned that if I do, that they will 'clone' my text?" Q: "I am a new author of a book on managing a construction firm. Presently, I have several adoptions by professors teaching construction courses at the college level. 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." Q: "I'd like some feedback on the idea of a textbook author incorporating in some fashion, rather than operating as a 'sole proprietor.' What are the advantages and disadvantages of incorporation? What are the tax advantages and disadvantages?" Q: "Due to nonstandard versions of our text, our publisher did not manage to get all our account numbers pulled together for our last royalty check. When asked about this, they found their error and we have now received another check. Is it their responsibility to include credit for our interest lost?" Q: "How can I go about copy-protecting my CDs?" Q: "Are print textbooks likely to become obsolete soon in favor of digital ones?" Q: "As part of a team of authors writing a high-school science textbook, what total royalty can we expect? We greatly appreciate hearing from anyone with knowledge of this kind of deal." Q: "I just discovered that illegal copies of the solution manual to my textbook are being sold on half.com, which is associated with eBay. These copies are in pdf format and are a blatant violation of copyright laws. I discovered that some of our students are passing around pdf copies of the solution manual, and it is likely that many students now have copies. This is obviously a much more serious situation than selling illegal copies of the textbook itself. What can be done to stop the illegal sales of the solutions manual? To what extent can eBay be held liable for knowingly facilitating the sale of illegal copies of copyrighted books? Is there an attorney out there who would be willing to take on this case on a contingency fee basis? Would it be appropriate for TAA to investigate illegal sales of solutions manuals? I am sure that this problem goes far beyond my textbook. A class action suit might be appropriate." Q: "In a couple of months, I'm expecting publication of a physics textbook I have completed for the self-teaching and home-schooling markets. This text can also be used to help students prepare for the physics portions of college entrance exams, including the Advanced Placement (AP) tests. Originally, I recommended that the cover 'bullets' make some mention of the AP tests. However, I am now concerned about whether or not the very mention of 'Advanced Placement' or 'AP' in cover copy could arouse the ire of the College Entrance Examination Board. As I understand it, the terms 'Advanced Placement' and 'AP' are registered trademarks of theirs. The proposed bullets say this: 'Relevant Subjects for Advanced Placement B and C Physics Tests' (front cover) 'A quick way to review the material on the AP Physics B and C tests' (back cover) My question: Does this use constitute a problem, especially in light of recent action (I think) by our legislature to make sure that corporations do not suffer from 'trademark dilution'? Or am I merely exhibiting more of the over-caution with which some of you are by now familiar?" Q: "Years ago, when we wrote our first high school textbooks and workbooks, these items were sold to the schools and we received royalties on each component. Then as publishers began giving away more and more items to secure a big adoption (or a state listing), they began giving away ancillaries. Now they even give away some student books. At first the publishers would give away the ancillaries they themselves had produced (without authors -- as 'managed' items for which they had paid writers a flat fee). So at one point our publisher had a "managed" workbook, which they would give away; we got royalties on our authored workbook when it was sold. Now they are often giving away both their 'managed' workbook and our 'authored - royalty-bearing - workbook. Whereas the writers for the managed workbook were paid in advance, we as authors are not 'paid' until the workbook is sold. As the publishers give away more and more of our authored materials, our royalties decline substantially. Do we have any recourse? For example, if they give away our authored materials, can we claim a royalties payment or equivalent payment? Any other suggestions?" Q: "I am interested in finding online word processing software for collaborative writing that I can use with my co-authors. Some thoughts: 1) I'd like something low cost (or free); 2) I've found two possible programs so far: WriteBoard and ZohoWriter (apparently in a beta version only). Aside from usability, I'm also concerned about security -- that our work is protected and stays private; 3) Instead of writing online, I've also been looking at using a wiki like wikispaces.com to share documents more easily. Has anyone used these or any other programs for collaborative writing, or have any other ideas or experiences? I remember trying to convince my colleagues in the early 90s that they really could send documents by email. Now I'd like to take advantage of the new capabilities of the web." Q: "I am working on my first book on an unconventional subject. How can I know the probability that publishers will be interested in publishing my book?" Q: "I'm in discussions with six publishers right now for my first book. One of them has just made a preliminary offer, including a 12 percent royalty on the first 2,000 sold and 15 percent thereafter. They also offered me a $3,000 advance against royalty to prepare a camera-ready copy over the summer. The editor has informally projected something like 2,000 books/year sold at about $90-100 per, saying it costs them $60-70 per. Here are some of my questions: 1) How common is it to have a lower percentage on the first chunk of books?; 2) Even if it sold only 1,000 at $80, 12 percent of that equals $9,600. Shouldn't they be willing to part with more than $3,000 of it up front?; 3) How much am I saving them with a camera-ready copy? Doesn't that cut out a lot of work for them and shouldn't that translate into a much better deal than this? Sounds like a cookie-cutter offer." Q: "I am trying to establish a royalty step-down clause for a very successful text. I proposed the three-edition stepdown of 75 percent of contractual royalty to 50 percent to 25 percent, assuming this means, for example, when I do not participate at all, I would receive 75 percent of, say, 15 percent, then 50 percent of 15 percent then 25 percent of 15 percent. Is that correct? My publisher astounded me by saying this means 75 percent of the full royalty, contractual rate, then 50 percent of the new, reduced, rate, and 25 percent of the latter vastly reduced rate!! Doesn't this depart from common industry practice? It is my understanding from TAA discussions and other sources that the standard stepdown is 50 percent of contractual rate, then 25 percent of the same contractual rate, followed by nothing. What's up??" Q: "I'd appreciate any advice about what kind of writing software is available (for academic social sciences). I use WordPerfect with EndNote, but need to upgrade, and haven't looked at other programs in several years. Has EndNote gotten any easier to use? Is Word avoidable? Is there any flexible and useful outlining software?" 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? I know, I know. I should have an attorney or agent renegotiate for me. I agree that would have the best change of success in altering the boilerplate. In the past, when I've inquired about using an attorney for a revision agreement, those I spoke to seemed reluctant because it was not a new contract. Hence, question number one above." Q: "My contract calls for a 10 percent royalty on sales of books sold out of the US. When I look at the export sales it looks like the books are being sold much cheaper under the category of Export then they are for US sales. The thing that really bothers me is that my contract states something like 'The Publisher may permit others to publish, broadcast,...The net amount of any compensation received from such shall be divided equally between the Publisher and the Author. ... ' What happened here was the Publishler sold the rights (for Spanish versions) to a subsidiary of itself for a very small price and so my royalties on these books are very tiny even thought there are significant sales." Q: "What is a reasonable cost to have an attorney review a 12-15 page contract for a college textbook?" Q: "I would like to know: 1) what the list thinks is a reasonable royalty rate for an author whose name will remain on a (successful) textbook, but who wants to stop doing the revisions?; and, in this context... 2) what sort of language in the revisions clause can protect your heirs?" Q: "I'm trying to avoid a misstep. I've been working on a textbook for about a year and recently severed ties with my publisher and they agreed to release my materials. My question is this: When seeking a new publisher, do I only talk to one acquisitions editor at a time (wait for them to send my materials out for review and either other a contract or not) before sending material out to any other editor, or is it acceptable to send materials out to 2 or 3 at once? My concern with the latter is that these editors put in a fair amount of time and, if they decide to send materials out for review, some money investment. Am I being unfair to them (or potentially burning bridges) by trying to deal with more than one before a contract is signed, or prudent?" Q: "A general question: You are writing a book — In one chapter, you wish to include information that you have used in another book with another publisher. What is the rule of thumb — if there is one — about how much information can be used and/or the level of changes necessary?" Q: "Does anyone have access to the Nielsen BookScan database of book sales figures?" Q: "What are some of the liabilities authors should be concerned about?" Q: "I am concerned about the low royalties on foreign sales. Can you explain how foreign editions are sold and why the royalties are different for foreign sales?" Q: "How do you go about getting a contract to publish an academic book? How is the process different from getting a contract for a college-level or K-12 textbook?" Q: "What happens to books 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?" Q: "My publisher has asked if the 5th edition of my book should be published in hard or softcover? The first four editions were all hardcover. Do you know of any reasons to favor one over the other?" Q: "If a publisher offers a contract, what kind of advance for a textbook is typical? I was told that the range is $2,000 to $5,000. Can a publisher offer no advance?" Q: "I am an art history instructor at a community college in California. I am considering devoting an upcoming sabbatical to writing an art appreciation textbook, but I have many concerns and questions about the process. Perhaps your organization can help? My primary reason for writing this book is that I am unhappy with the textbook choices out there and feel I could do far better by my students if I wrote something tailored to the way I teach the material. I am interested in my own students first and foremost, not really in writing something for wide publication. Is it possible to publish (or self-publish) a textbook — or perhaps I should call it a workbook, since I think it may have spaces for journal entries and writing activities — that I can sell directly to my students for a small profit over cost?" Q: "A publisher has expressed interest in my ideas for a book, and has asked for a proposal. What goes into a good proposal?" Q: "A publisher has offered me a contract for a book. What is standard for such contracts?" Q: "How do you get feedback from students about your book when you are not teaching?" Q: "Can you share some advice for getting through the first chapter?" Q: "How can I get my reviewers to understand that I am trying to do something different with my book?" Q: "How often do you get e-mail critiques from users and what is the best way to do so?" Q: "Should you create ancillaries yourself?" Q: "Can I renegotiate my book contract when going into subsequent editions?" Q: "Can you place hot links for a website in your website or CD?" Q: "I have been contacted about converting my nonfiction book into a textbook. I believe that the book as it is, could very well be used in the classroom. Could you tell me how I can go about either publishing the book as is for classroom use, or converting it into a textbook?" 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?" Q: "My wife just recently purchased a textbook for a biology class from Amazon.com. When it said "Instructor's Edition" we figured they meant annotated. We didn't even know of the existence of complimentary examination copies, much less their illegal sale. The seller has agreed to refund our money if I return the text but, having worked for the computer crime units of both the CT State Police and the NE State Patrol, I know better than that. Amazon is no help unless it has been more than 30 days since the sale. What would you recommend I do with this book? I have the seller's home address and phone number." Q: "As an employee for a nonprofit organization, I wrote student manuals, a scope and sequence, lessons plans and a parent workshop. The executive director of the organization was always hesitant to allow me to be listed as the author and kept saying it was a team effort (though I was the one that did all the research and writing). I recently wrote a three-year federal grant that was funded. I submitted an overview of the program I had written and listed myself as the author. After I submitted the grant I moved to another state with the understanding that should the grant be funded I would continue in my job with a slight increase in salary. The grant proposal included my resume and listed me as the person who would hold that job. The grant was funded but now the executive director has decided to give the job to someone else who is on site. Do I have any recourse both for the job or ensuring I get credit for all the materials I wrote?" Q: "I am currently writing on my own but considering taking on a coauthor. What are some different ways that coauthors can work together?" Q: "I am in the process of negotiating my second contract to write a test bank. The first contract was for a flat fee. I wrote a total of 490 multiple choice, true/false and fill in questions for a 14 chapter criminal justice book. The book was going into its 3rd edition and I think it is a big seller. This second book is also a criminal justice textbook. It will be 18 chapters, 800 pages, it is going into its 9th edition and I am sure it is a big seller. We haven't yet agreed on how many questions I will write. I asked the editor if it would be possible for me to receive royalties for this test bank and she told me that because the test bank is a free supplement they can't offer royalties, it has to be a flat fee. I have four questions: Q: "Many other professions receive residuals for their intellectual property. Why not textbook authors and publishers?" Q: "My question concerns my coursepack for my lecture, which is sold at our college bookstore. I created it at my home office using my own computer. It contains my own original illustrations, graphics, and charts. I contend that this is my intellectual property while the bookstore has recently made an attempt to copyright all coursepacks in the name of my college. I am quite sure that my college is taking liberties that it has no right to legally. What is the best method for me to proceed to prevent the college from stealing my intellectual property?" Q: "I am authoring several elementary school English workbooks for a small press, and I want to make sure that I use vocabulary words that are proper to each grade. I have at my disposal several published workbooks, and I want to know if I can use, for instance, the vocabulary in a published Grade 4 workbook to write my own exercises for my own Grade 4 workbook. Is this just research, or am I plagiarizing the efforts of the companies that have compiled these words as appropriate for this grade?" 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 royalites sent out on a more continuous basis." Q: "Who are textbook authors?" Q: "As a new author I don't know how much support I can expect from my publisher to backstop me on errors? It seems more errors are showing up in textbooks than when I was a student." Q: "Do textbook writers typically use a literary agent to act on their behalf in contacting publishers or in publisher negotiations? If so, are there up-front fees associated with engaging an agent?" Q: "Recently I was contacted by a group from Japan that wants to translate my book into Japanese. I have heard that my usual 10 percent royalty would be shared equally between me and my publisher. This does not sound great. What's your advice?" Q: "The nomination fee for TAA's Texty and McGuffey awards has discouraged some publishers, including McGraw Hill, from involvement in the award. Why not abolish the donation?" Q: "My college requires royalties on book sales to my students be donated to the college foundation. This means I donate the pre-tax royalty amounts, which leaves me at a net loss after I pay taxes and Social Security on the royalties." Q: "I would like to phase out of my textbooks and take on co-authors to keep them going. What is a fair royalty arrangement?" Q: "Could TAA establish some regional interest groups?" Q: "My publisher has decided to drop my books. How can I tell from my contract whether this means I could get another publisher to pick them up for a new edition, vs. writing a totally new work?" Q: "Should we form alliances with the Authors Guild or other organizations so as to better exert leverage on publisher?" Q: "I am an assistant professor at a major public university. I would like to write a textbook, but a senior member of the faculty told me to focus instead on research and scholarly articles. He said textbooks are "cut and paste" projects that lack real scholarly merit. Should I postpone writing the textbook?" |
