A: Stephen
E. Gillen, Authoring Attorney, Greenebaum Doll & McDonald, PLLC:
"Textbook contracts
vary significantly based on curricular level. The K-12 market works
with much higher volumes but is price sensitive (because schools adopt
and purchase the books). The college market works on lower volumes
but is less price sensitive (because professors adopt but students
purchase).
The post graduate/academic
market works on smaller volumes still and the focus of publishers
tends to be not so much financial as it is prestige and contribution
to the literature in a field.
At lower levels,
the manuscripts are more heavily editorially managed and publishers
frequently require that the work be done on a for-hire basis. At higher
levels, the works are not likely to be managed at all and any
evaluation will be done by peer review. Copyrights in these works
are typically retained by the authors, with an assignment of certain
exclusive but limited rights to the publisher.
Financial terms
(advances, grants, and royalty rates) predominate in negotiation
of lower level works -- bigger markets, higher volumes, and more
revenue at stake. Issues of editorial control, assurance of publication,
and attribution predominate in the higher level works, where financial
interests are less of a motivating factor for all."
A: A: Michael Lennie, Authoring Attorney and Literary Agent, Lennie Literary
& Author's Attorneys:
"The contract
itself is very similar. However, the emphases and the likelihood
of successful negotiation of various clauses can be quite different.
Some of those differences include:
1. The academic
publisher is interested in academic or scholarly material which
may be commercially unattractive to the textbook publisher.
2. The academic
publisher will offer:
- Lower advances;
- Royalties
based on 'net' rather than 'list';
- Smaller print
runs;
- More individual
attention;
- More prestige
in the academic community;
- More backlist
sales;
- Less willingness
to negotiate;
- Lack of sophistication
or tolerance re contract negotiation;
- More willingness
to allow author to retain some rights;
- Greater credit
toward tenure;
Regarding 'author
subventions', grants are sometimes (but not often) given to support
a semester sabbatical to write a scholarly work, to purchase needed
equipment such as a computer, to pay for permissions, art, research or
a research assistant, travel for purposes of research, or other out
of pocket expenses. These grants may be available from the publisher,
a third party entity, or a government agency or department.
Although academic
presses may be less familiar with academic authors represented
by an attorney or a literary agent, it is none-the-less to the author's
advantage to at least have the proffered contract reviewed by a knowledgeable
publishing attorney. There is usually less monetary reward to
the author, so actual negotiation of the contract by the author is infrequent.
Most academic
presses are listed in the annual Writer's Market, and their
websites can be helpful as well."
