The world of publishing is changing. Yet despite, or perhaps because of new technologies, authors' creative incomes have dropped by nearly 50% in the past 17 years according to a 2015 Macquarie University report, from an average of $22,000 in the early 2000s to just $12,900 in 2015.
There are many reasons for the decline in authors’ income, but unfair terms in publishing agreements are still a contributing factor. In Australia, authors negotiate for all economic return for their work solely by contract, making the terms of those contracts critically important. In traditional publishing, disparity in bargaining power can make it difficult for authors to optimise their publishing deals. The rise in 'hybrid' or contributory publishing, particularly where the contracts are opaque, deficient in detail and involve a substantial payment from authors, represents a new financial risk for authors.
The ASA has joined the International Authors Forum (IAF) in asking publishers to observe the Ten Principles of Fair Contracts which, among other things, calls for publishing contracts to be issued with defined time limits, for reversion of rights to the author if the publisher has been unable to exercise them, and for royalty statements to be transparent and comprehensive.
In submissions to government, the ASA has urged the establishment of a working party to examine and introduce author-protective provisions in the Copyright Act, including principles requiring proportionate remuneration, comprehensive and transparent royalty statements and reversion of rights if the literary or artistic copyright work is not exploited.
In November 2021, following campaigning by the ASA, the Australian Publishers Association (APA) amended its Member Code of Conduct to include a provision which improves the recommended terms of publishing contracts for authors. This provision recommends to the APA’s publisher members that reversion clauses in publishing contracts are based on objective grounds. Find out more here.
If you've been issued with a publishing contract, check it against the Ten Principles of Fair Contracts and consider seeking advice from Authors Legal.
We strongly encourage you not to sign any contract which requires you to pay a substantial sum of money without evaluating your financial risk and obtaining independent advice.
And, if you haven't already, consider joining the ASA. The ASA's lobbying efforts with publishers and the APA would not be possible without our members' support. The more authors we can show we represent, the clearer our voice will be heard by the industry.
Alternatively, if you're already a member or prefer to contribute without joining the ASA, you can donate to our Endowment Fund. Donations to the Endowment Fund go directly towards supporting the ASA to lobby and campaign for the rights and professional interests of authors and illustrators.
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