Attorney responds to breach of contract suit against McGraw-Hill

In response to a January 25 federal class action suit brought against McGraw-Hill alleging breach of contract, Stephen Gillen, an intellectual property attorney with Wood, Herron & Evans, said that according to the terms of the contract of lead plaintiff Bob Cordell, which says that royalties on foreign sales will be 10 percent of publisher's net receipts, McGraw-Hill is permitted to deal with its affiliates and to pay royalties on the transfer price.

"The case will turn on whether the transfer price is set at a price unreasonably lower than what would be set in an arm's length deal," he said. "The central allegation in the suit is that McGraw-Hill sells books to its affiliates at unfairly discounted prices and calculates and pays the authors royalties on those depressed receipts while at the same time the affiliate sells the books through to retail at market prices and reaps a windfall."

Gillen reiterated the advice he gave authors last April, that if they are not careful when negotiating language related to foreign sales in their book contracts, they can end up earning next to nothing on international sales of their books. Although he said he cannot provide exact language authors can use to negotiate the foreign sales clause in their contracts without knowledge of the unique facts and circumstances of each case, Gillen suggests authors use the following to start the discussion with their publisher:

“For sales outside the United States, effected through a distributor, if the distributor is an affiliate of the Publisher, then the royalty to the Author shall be calculated on the receipts of the affiliate at source. For purposes of this provision, a distributor shall be considered an affiliate if it is owned or controlled by the Publisher or if it and the Publisher are commonly owned or controlled.”

Gillen cautioned, however, that although using this language would result in royalties being calculated at the higher retail price (rather than at the deeply discounted inter-company price) it will also mean that royalties are not earned or paid until after the retail sale, which may be much later than the inter-company transaction and may not happen at all if the books do not all sell through.

For more information on this suit, see Author Says McGraw-Hill Cheats on Royalties.

top of page for all news

Saylor Foundation releases four openly licensed textbooks

The Saylor Foundation has released four openly licensed, college-level textbooks in Wave 1 of its Open Textbook Challenge (OTC).

The four texts include: Elementary Linear Algebra and Linear Algebra, both authored by Kenneth Kuttler; Computer Networking: Principles, Protocols and Practice, authored by Dr. Olivier Bonaventure; and Mathematical Analysis I, authored by Elias Zakon.

All four texts are hosted on the Saylor Foundation website and available for immediate use by students and educators around the globe.

“These textbooks could save students lots of money,” said Kuttler. “But, another advantage of books in this form is that they are easy to improve. I think there is no such thing as a perfect book, only convergence toward perfection which is achieved more easily with this format than with the traditional approach of multiple editions.”

Kuttler, a professor at Brigham Young University, wrote both Elementary Linear Algebra and Linear Algebra texts for his students’ use at BYU. Both texts have been available online for some time, but each was previously held under a copyright.

Bonaventure is a professor at the Université catholique de Louvain (UCL) in Louvain-la-Neuve, Belgium. He also serves as the education director of ACM SIGCOMM. His book has already been in use by several universities around the world, including UCL.

“Open textbooks will have a positive impact on most students but also to teachers who will be able to contribute to existing open textbooks and improve them over the years,” said Bonaventure.

Mathematical Analysis I was written by Zakon (now deceased), who taught mathematics at the University of Windsor. The book was submitted by Bradley Lucier of Purdue University, who worked with Zakon’s daughter, Tamara, to revise the text and produce it originally for electronic distribution by The Trillia Group, an Internet publisher Lucier established to provide low-cost quality texts to a wider audience.

“Elias Zakon worked much of his professional life polishing his series of three texts on mathematical analysis, a series that was never published in his lifetime but was copied and distributed to students at the University of Windsor,” said Lucier. “I think Professor Zakon would have been thrilled to see the Saylor Foundation make it possible to distribute freely to students around the world this second volume in the series.”

The authors each received $20,000 for each of their accepted entries. As part of the ongoing Open Textbook Challenge, the Saylor Foundation is offering $20,000 to each college textbook author or professor who agrees to openly license his or her work under a Creative Commons CC BY 3.0 license.

Submitted texts that pass the Foundation’s peer review process and align with one of the eligible courses on Saylor.org will be entitled to the $20,000 prize, and will be made freely available via Saylor.org. More information about this challenge can be found at www.saylor.org/otc.

top of page for all news

Q: How do you go about researching content for your textbook?

A: “I go to a library database where I can get every single article on the topic I’m writing about in every journal in my field. If I am updating a book, I will only look for articles that were published from the time of the last edition to the present. This strategy gets me about 100 or 200 new articles for each chapter. I do a cursory look at everything, but I won’t need to read all of those articles. Instead, I look through the abstracts, and if I find an interesting one, I’ll read the discussion section of the paper. I’ll have about 900 new references for the newest edition of Experiencing the Lifespan just 3 years after the last edition. It seems like it would be impossible to sift through all this research, but really it’s not that difficult. The real challenge of the revision process is incorporating all the new information while keeping the book about the same length.”

— Janet Belsky, author of Experiencing the Lifespan, 2e (2009)

A: “My approach to physical geography (Earth systems science), uses the methods and tools of geographic science: spatial analysis and systems analysis. My research is guided by the rapidly changing condition of many Earth systems in this real-time experiment humanity is conducting. Originally, I went to the many disciplines from which Geosystems draws content and built each chapter from that core material in the literature, rather than look at other physical geography texts. For research, I use peer-reviewed journals, both printed and electronic, and oftentimes contact researchers directly for discussion and possible data for designing figures. Also, I use NASA, JPL, USGS, NRCS, NOAA, and many other public domain science sources. For each revision, I set up a ‘clippings file,’ in folders for each chapter where new leads are gathered. On my computer desktop I maintain a source file of new satellite images and electronic source material. At my professional meetings I attend as many paper sessions as possible, take notes, and talk to information leads. Consider: other textbooks are a look back in time, recent published research is closer to what is current, and research paper presentations at meetings give you a glimpse ahead in your field. Textbook authors should strive to be at that leading edge.

I maintain a master file that is broken down into all the H1 and H2 headings in the main book—clipping files are edited and merged into this file when a revision is done. I do not use Wikipedia, or other ‘public’ outlets, although sometimes the list of footnote links provides some leads on primary source material. I am aware of my competitors and the direction of my market but I do not use any textbooks for reference or content. I use broadsheets 53 cm x 40 cm (21 in. x 16 in.), to record possible revision material, organize material, and keyboard from these sheets for composition of text.”

— Robert Christopherson, author of Geosystems: An Introduction to Physical Geography, 8e (2012)

top of page for all news

Pitching a piece of writing
By Karen Hoelscher and Carmen Werder

Pitching a piece of writing requires thinking strategically about possibilities for seeing your work published, given your personal and professional goals as a scholar. We’ve created a series of tips for approaching editors and publishers that include preparing your materials, making the pitch, and following it up.

1. Preparing your materials.

Seek ideas from colleagues about matching your written materials with a particular journal/publisher. Sometimes colleagues can help us can discern patterns of thought to guide us in approaching a particular editor/publisher.

Pay close attention to the title, the opening, and the closing. These places are crucial in any piece of writing as they receive readers’ prime attention; make sure they are clear, accurate, and distinctive.

Follow the submission guidelines slavishly. Editors devote considerable energy to developing criteria that best match their needs, so follow the specific guidelines they provide.

2. Making the pitch.

Think about your piece of writing. What is its allure? Is there some emerging, timely question the piece is trying to address that attracts an editor? What feature of your piece would catch an editor's attention?

Distill the article’s focus. This focusing is essential, because this emphasis is how the most successful pitches begin. Hook your audience by stating the main thrust of your article in one or two irresistible sentences.

If it’s not immediately apparent why your story belongs in the publication to which you’re pitching, clarify that connection now. Seattle freelance writer Haidn Ellis Foster suggests addressing “The Three Ys": why here (what makes your piece interesting or useful to this publication’s readers?), why now (why is your piece timely?), and why you (what makes you uniquely qualified to write this piece?). It’s also persuasive to include links to other pieces you’ve written to demonstrate why you are the best person (or one of the very best) to write this piece

Float your idea with an editor. Even when it’s still just a twinkle in your eye. Consider doing this in person if you have a chance meeting with an editor. This angling will help you decide whether to submit to a particular publication, and it may also give you a writing angle. Or some key words to include in your query letter to attract the attention of the editor.

Pitch it before you’re totally done. This angling inspires completion and advances momentum, and sometimes results in learning enough from an editor to focus your idea more carefully toward an upcoming theme or issue.

Compose and edit your query letter or prospectus carefully. Editors will anticipate the quality of your manuscript based on the quality of your query or cover letter. Treat the query like any other important piece of writing that merits revision and reshaping as needed.

3. Following up your pitch.

If a reasonable amount of time has elapsed without a response, send a follow-up query. We can’t assume that our submissions always arrive at their destinations, so it’s fair to contact your target editor or publisher to confirm receipt.

If your initial pitch results in a request for revision, toast your good fortune! Then, get it right back out the door.

When resubmitting a piece, create a simple, friendly cover letter to acknowledge each of the reviewers’ comments in writing and describe, specifically, where in the revised piece you have addressed each comment. Then, pitch it back to the editor or publisher.

In using any of these strategies, always consider your own style and preferences, as well as the protocols and preferences of the people who make decisions about what gets accepted for publication. Choose the ones that feel right.

Karen Hoelscher is professor of education at Western Washington University, where she guides teacher education majors into and out of the K-8 certification program in the year-long internship program at Woodring College of Education, and writes about intercultural communication and faculty development. Carmen Werder is director of the Teaching-Learning Academy and of Writing Instruction Support at Western Washington University, where she is also on the faculty of the Department of Communication and part of WWU Libraries.

Originally appeared in the December 8, 2010 issue of Inside Higher Ed as part of a Faculty Writing Workshop series and was titled, “Reading the Creek.”

top of page for all news

How to make difficult concepts easier to understand
By Dionne Soares Palmer

Michael Levitzky
Mariëlle Hoefnagels

One of the most valuable attributes of a successful textbook author is their ability to present complex concepts in an effective and efficient format. Following, two veteran textbook authors share their strategies for achieving this goal.

Mariëlle Hoefnagels, author of Biology: Concepts and Investigations, recommends textbook authors make listening to students a top priority when trying to explain a difficult concept. “Either listen in as students discuss difficult concepts with one another, or ask a student to explain the subject to you,” she said. “Pay close attention to the parts that confuse the students, then make sure the narrative and illustrations in your book confront those potential points of confusion.”

Michael Levitzky, author of Pulmonary Physiology, shares some additional strategies for better explaining difficult concepts:

• Build the explanation. Break it into easier-to-understand steps and present the ideas in logical order.
  
  
• Avoid intuitive jumps. Don’t avoid any steps in a process because they are obvious to you; students may not have the intuition to jump from point to point, so be sure to explain every step.
  
  
• Keep your writing simple. Use short sentences, avoid using confusing subordinate clauses, and keep the language simple when possible. If you must use jargon and abbreviations, recapitulate definitions for these terms periodically.
  
  
• Highlight and define key terms. Use boldface or italics to alert students to the use of a new term, and be sure to define these new key terms precisely.
  
  
• Keep figures and diagrams simple.
  
  
• Use analogies carefully and sparingly. Analogies can be confusing rather than helpful if they are not carefully selected.

top of page for all news

How to leverage a book award
By Dionne Soares Palmer

Receiving a book award is not only a great honor, it can also be used to increase book sales and advance your writing career.

Judy Rasminsky, coauthor of Challenging Behavior in Young Children and Challenging Behavior in Elementary and Middle School, both of which have received TAA Textbook Excellence (Texty) Awards, said she and her coauthor Barbara Kaiser have leveraged the award in several ways, including:

• Posting the Texty logo in several places on their challenging behavior websites www.challengingbehavior.com/middle.html and www.challengingbehavior.com/young.html
  
  
• Sending a press release announcing the award to the National Association for the Education of Young Children (NAEYC). The NAEYC included information about the award in its catalog, newsletter, and journal, and also purchased Texty seals to put on the books they sell.
  
  
• Asking their editors to notify sales reps about the award.

Chuck Corbin, whose physical fitness textbooks have won both TAA Textbook Excellence Awards and a McGuffey Longevity Award, added the awards to his curriculum vitae. He and also included the award in his website bio and plans to mention it in the prefaces of future editions of each book. Corbin also notified his university and local newspapers in order to publicize the award to students, faculty, and the community.

Both Rasminsky and Corbin also recommend including information about the award on conference presentation slides and handouts.

Eric Schulz, coauthor of Calculus, which won a 2011 TAA Textbook Excellence Award, encouraged his publisher to promote the award as much as possible. Pearson posted an announcement about the award on Facebook and included information about it in their literature. Schulz also let Wolfram, the technology company that makes the unique software used to create the e-book version of Calculus, know about the award. Wolfram published a press release on their blog. Like Corbin, Schulz also worked with his university to spread the word to his local academic community.

top of page for all news

Archive of Past News