A: Ron
Pynn, TAA past-executive director, TAA Council secretary (pepe@sover.net):
"Let me start
by noting that I would think your publisher has the rights to your
present book, so that any plans to convert it into a text will require
the present publisher to agree to the plan or publish it themselves
as a text. Be sure you don't violate the terms of your agreement with
the publisher.
Now, having said
that, I would also suggest you not let the publisher simply convert
the book into a text under the terms of your present agreement, unless
those terms are quite favorable to you as author (and they almost
never are). I would suggest you declare the text a separate work (it
will almost certainly have a new ISBN number), and ask for a separate,
new contract from the publisher. Then negotiate the terms of that
contract. Here TAA can be of significant help. We have a model contract,
know what clauses can and cannot be negotiated, what are decent royalty
rates, and have veteran authors to help counsel you. We even have
lawyers and book agents available should that be the direction you
needed to go.
You have an enviable
position -- the author of a successful book, interest in a text version
with potential for substantial adoption. This gives you leverage to
negotiate. Make the publisher work up a new contract or declare their
lack of interest, the right of first refusal, so you can shop it around
to other publishers. TAA could even help you prepare a book proposal
should that become the need.
It appears you have
a good foundation for doing this text, and you have strong leverage.
Don't give it away. Should you pursue the project, membership in TAA
will strengthen your knowledge about contracts and the publishing process.
We will stand ready to provide assistance to you at every step of the
way."
