Legal Question in Intellectual Property in California

Copyright- book into course- what is fair market?

Hello there,

We are s training and development company currently in the process of creating a course. We have contacted the author of a book on the subject and asked her to quote us a price of what it would cost to use the book’s content and turn it into a course. She quoted us a price of $7,500 plus royalties on courses sold and delivered with a non-exclusive 5 year license. I know you are not a copyright attorney but does this seem reasonable to you? I am just not sure what is fair and thought I would ask you along with others to see if you had any insight.


Asked on 9/11/07, 3:39 pm

4 Answers from Attorneys

Charles Williamson Charles J. Williamson, Attorney At Law

Re: Copyright- book into course- what is fair market?

The only way to find out what's a fair price/contract is to find some people (probably online) and see what they have been charged, or what other authors have charged. An attorney is not necessarily going to be your best source for this sort of info.

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Answered on 9/11/07, 4:19 pm
Johm Smith tom's

Re: Copyright- book into course- what is fair market?

We can help you negotiate the terms and put them into a good contract, but the business terms are something you will have to decide based on market research.

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Answered on 9/11/07, 5:13 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Copyright- book into course- what is fair market?

This is like asking, "I'm thinking about buying this house I saw, do you think $250,000 is a fair price?"

Many, many years ago I worked as a contract writer for a vocational educational company, writing manuals for mail-order training courses in the railroad industry. I was paid by the booklet, and although I don't remember how much (it was 40+ years ago), I'm left with the impression that $7,500 is in the "reasonable to low" category.

But just as with "How long is a piece of string?" this is a question with a jillion right answers. In deciding whether a particular offer is fair, you should consider:

1. What someone else would charge to do the work;

2. How many copies you might sell, at what price, and how much of that is profit; and

3. How many hours will it take your writer to do the job, and what does that work out to per hour?

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Answered on 9/11/07, 5:18 pm
Gordon Firemark Law Offices of Gordon P. Firemark

Re: Copyright- book into course- what is fair market?

I agree with everything my esteemed colleagues have said, but want to add a couple of thoughts.

First, the ultimate determination of whether the price quoted is "worth it", must come from you, after careful analysis of the marketplace, the product in question, and projected sales volume, pricepoint, etc.

That said, the author has quoted a fee plus royalty which strikes me as 'in the ballpark', but much depends on the factors I detailed above.

I negotiate this kind of licensing agreement quite often... please feel free to contact me if you'd like more custom-tailored analysis.

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Answered on 9/16/07, 9:37 pm


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