Principles of Fair Contracts

 

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. Authors most typically operate from positions of low bargaining power. Non-compete and options clauses often unreasonably restrain writers and royalty statements issued by some publishers are difficult to understand and lack detail.

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.

Authors Legal will evaluate whether the contractual terms on offer are consistent with the Ten Principles of Fair Contracts.