A: Zick
Rubin, The Law Office of Zick Rubin, Publishing/Copyright/Trademark:
""This is a very
important item. Here is a formula that is sometimes proposed by
authors and that is sometimes acceptable to publishers for a successful textbook:
75 percent of the royalties (i.e., the contractual rate) in the first edition
in which the author does not take part, 50 percent of the royalties
for the second such edition, and 25 percent of the royalties
for the third and subsequent such editions.
This can be an
actively negotiated item on both sides. The negotiations reflect
a number of factors, including: how successful and established is the
book?; how valuable will it be for the publisher to continue listing
the original author as 'author'?; what would be fair and attractive
royalties to attract an excellent new author or authors to take
over the book? (the publisher will typically be reluctant to
expand the total royalty pot); will the initial author play any
continuing role as a consultant or in marketing?"
A: Richard
Hull, TAA Executive Director:
"I've heard that
50 percent for the first new edition, and 25 percent for the second one, with
none thereafter is typical. One question of ethics for you to
ponder is this: if the new edition differs vastly from those
you previously published under your name, you may be regarded
as responsible for any errors that are in it, and you may want to have
some input into the content as a way of protecting your reputation. And if
the new content is vast and accurate, letting your name be used as
a way of encouraging adopters to select the book makes you
akin to the infamous phantom author and may be perceived
by some as a kind of fraud. (The phantom author is one who
is paid to let his name appear as the author of a text that is
in fact written by hirelings of the publisher, and who makes no contribution
to that content.)
When the original
author is the one who decides to call it quits on writing additional
editions, he or she usually does so with a strong recommendation of
a replacement. A publisher that has made good money on previous editions is
likely to trust the recommendation, particularly if it comes with
a refusal to let either one's name or one's previous content
be used without approval of the replacement.
I'm reminded
of the problem Aristotle pointed out about a wooden boat, the planks
of which are replaced over time until there is nothing left of the original
material. Is it the same boat as was built by the master craftsman 30
years before? Lots of our moral and conceptual problems were
first thought of by the Greeks."
A: Kevin
Patton, TAA Member:
"When researching
a succession agreement between myself and a coauthor, Richard's
formula of '50 percent, 25 percent and out' was by far the most common
type of formula that I ran across.
I think the continued
use of your name does pose some potential risks, which I'd never
really fully considered before seeing it on the listserv here.
Not only that, but will you have any input into the selection of a
succeeding coauthor? A wrong move there could be disastrous, I would imagine.
By the way, Richard,
I'm not surprised at all to hear of the Greek influence. I think
that most of my contracts are written in Greek....they are not written
in English, that's for sure!"
A: Michael
Lennie, Lennie Literary & Authors Attorneys:
"Kevin, You
are right, 50/25 percent is the most common, but I would encourage
all authors in third or beyond edition to bargain for a 60/30/15
percent with the 15 percent ''evergreen' (i.e., to apply to third
and subsequent editions not participated in by the author.
I take slight
issue with my friend and colleague Dr. Hull's suggestion of the
phantom author problem. That issue is present when 'name authors'
allow themselves to be represented as the author of a book without
contributing original content. This is not the same as an author
who has developed a book over 2-3-4-5 editions and then retires -
ethically or commercially."
