THE Group for Authors! discussion

Today I received an email request from Pearson Education, a publisher of educational material, to use part of one of my books in an upcoming publication of theirs. I’ve researched the company and do not have any doubts as to the legitimacy of the company, but I’m wondering if anyone has experience with this sort of request and can provide any advice.

The email didn’t give much detailed information regarding how much of my book they want to use, where they want to use it, etc.
The letter stated:

“Pearson Education Limited and its worldwide affiliates and subsidiary companies (collectively, “Pearson”), respectfully
requests certain rights to use the Materials (defined herein) as follows to be used in a forthcoming exam paper:”

A rather lengthy explanation of terms of the agreement followed.

I emailed back and asked for more information on what they want to use and how, but haven’t yet received a response. Given the time difference, I don’t expect to hear today. I don’t know if asking for more information was acceptable, but it seems like if they want to use my work, I should know what part, exactly, and for what purpose.

Included on the form for me to sign if I choose to grant permission is a spot for my fee, if any. That’s a big question mark for me. What do I do about that? I have no idea what sort of fee to ask for, if any. Sure, I’d like to get paid, but how much?

Is there anyone out there who has experience or advice? I’d be very grateful for any you wish to share!

Margaret,

First, my apologies if this appears self-promoting, but I had to do this for my YA MM The Raven Prince, in which I wanted to include enough of the lyrics of "I Whistle A Happy Tune" from The King and I that it wouldn't qualify as "fair use," under American copyright law.

I had to provide the Rodgers organization with exactly what lyrics I wanted to quote and details of the context for the use, as well as the price for which the ebook would be sold. They agreed, and the contract contained not only the precise lyrics I was allowed to quote, but the language (a fair chunk of wordage) which had to be used to acknowledge the copyright ownership, but also my authorization to quote the song. The fee was a modest one ($75 if I recall correctly), but that was only for 500 copies. If book sales went over that number, I had to report to the Rodgers organization and a new contract would have to be signed.

Bottom line: If they want to use any part of your work, the contract should specify exactly what language, and how they plan on using it, and in this context, I suggest you find out how many copies of whatever-it-is they plan for a "first printing" if it's physical, or some explanation of how many copies they expect to sell. As I'm not an author who makes a living from his writing, I could legitimately tell the Rodgers organization I expected only modest sales...thus the modest fee and the 500-copy limitation.

I have no idea what an appropriate fee would be, but you don't have to decide that until (a) they tell you precisely what they want to use, and how and (b) you're comfortable with their plans.

The contract, if you do this, should also contain some requirement for them accounting for sales if, like the song permission, the fee is only for X number of copies.

Last, but far from least, you should really have a lawyer with some background in contracts, look at their proposed agreement before you sign it. The lawyer doesn't have to be on experienced in book contracts, or copyright law necessarily, just with a contracts background. He or she should be able to translate what sounds like "heavy" verbiage into plain English so you know what you're getting into.

Just my USD .02.

Eric

Eric,
Thank you for sharing your experience. It's useful to know what you were charged to quote lyrics. I haven't yet heard back on what, exactly, they want to use from my book, so I'm still at a loss for what I might charge, if anything. I do have a lawyer friend to run the contract by if things progress to that point.

Pearson Education is what it says it is. They publish educational materials. I teach at a college and they are always sending me supplemental books, booklets, workbooks, etc. that can be used with their textbooks, etc. I had my college order something from them. Did you write something educational? I would ask them what they want to use, how and where they will use it, how long will they need it, how much you'll get paid, make sure it is a one time use and then ask for a contract. When you receive the contract, have a lawyer look at it.

Judy wrote: "Pearson Education is what it says it is. They publish educational materials. I teach at a college and they are always sending me supplemental books, booklets, workbooks, etc. that can be used with ..."

Judy,
Thank you for your input. My research into Pearson also made it clear it is a legitimate, and very large, company. What they want to use is some part of a fiction novel of mine. I asked for more information on what and how they want to use it. We'll see!

This link may be helpful. It is one university's guidelines for using copyrighted material for educational purposes. There had been an issue many years ago involving "course books" wherein professors were copying significant portions of material and including it in a syllabus, and whether they were exceeding what might be considered "fair use". Most educational institutions and publishers try to limit what they use, and that it will not be so much that it reproduces the essence of the work.
In any case, I would want, in writing, the specific passages that they intend to use.
https://marymount.libguides.com/c.php...

Thank you, J, that is helpful. I had come across something similar, though not laid out quite as clearly, so I appreciate you taking the time to post this.

Thank you to everyone who helped out with suggestions. I did hear back from Pearson and got a detailed explanation of what they want to use and how.

As info, it will be used as part of a test. They will use a few paragraphs of my novel, then have students answer questions on what they read. They showed me exactly which text they would use (interesting, though, because a few words were changed to make it British English instead of American English), and asked for permission to use for a period of ten years.

I don't have problem with them using it, but sill unsure if I should ask for payment and if so, how much. I wish they would have just said, "This is what we pay for use." That would make things much easier!