The Publishing Industry

This chapter examines the current evolving publishing framework in Australia and the relationship between authors and their publishers, noting the competing interests of the various subaltern spheres (such as the “author sphere” and “publisher sphere”) within the greater public sphere. A comparison between a standard publisher’s contract and the model contract recommended by the Australian Society of Authors (ASA) provides a source for analysis and discussion, which relevantly reflects the nature of the relationship between author and publisher. The issue of digital publishing is investigated to ascertain what constitutes an equitable arrangement for authors. Finally, new business models in publishing are considered and observations are made on copyright protection measures on the Internet, alternative licensing models such as the Creative Commons and the “honesty box” model used by some authors. A brief discussion of the anti-copyright actions of Google is also included, and in conclusion, the author-publisher power balance is addressed, taking into account the different characteristics of print books and ebooks.

Copyright Support Structures

This chapter deals with government and other support structures available to authors internationally and nationally in relation to the enforcement of their copyright and funding. It provides an overview of how the Australian government support structures interact with equivalent global structures and how these mechanisms are utilised to supplement authors’ incomes. These structures rely on the premise that copyright law creates incentives for people to invest their time, talent, and other resources in the creation of new material that benefits society and include government support structures such as grants as well as licensing schemes such as the Copyright Agency Limited (CAL), Public Lending Rights (PLR), and Educational Lending Rights (ELR).

History and Development of Copyright

This chapter deals firstly with the history and development of copyright law internationally and secondly with Australian copyright legislation and legislative objectives. The discussion considers the meaning of copyright and, thereafter, studies the development of the copyright framework in Australia. Recent and current copyright issues, such as the parallel importing debate, are discussed, with reference to recent USA case law. Lastly, the chapter reflects on current moral rights provisions in Australian law and concludes with reference to the 2011 Hargreaves Report and possible future implications for Australian copyright law.

Introduction

The subject of “authorship and copyright” is an extensive field, encompassing a vast area of research possibilities, spanning areas of law and humanities. This book is situated at the intersection of copyright legislation and literary critical theory on the issue of authorship of written work. The writer, poised at this nexus, has drawn together data from a range of primary sources, namely Australian authors, publishers, and specialist academics, as well as secondary data analysis of legislation, case law, author contracts, and literature in this field. Significantly, it reflects the views of authors in a challenging transitional period that incorporates issues such as the Google initiatives, the parallel import debate, and the shift from traditional print to electronic publishing. The book aims to provide a snapshot of this purposive sample of Australian authors’ perspectives on copyright issues at a pivotal point in history when authors find themselves between the old and the new, grappling with the realities of traditional expectations and digital advances in publishing. Furthermore, the book sets out to position Australian authors in the changing and expanding literary public sphere within which they find themselves, with reference to global considerations. There has been very little other research on Australian authors’ views on copyright, and the changing copyright landscape brought about by the Internet provides an important, if unwieldy, environment in which to investigate authors’ perceptions of this legal concept that impacts so intrinsically upon their creative rewards.

Conclusion and Recommendations

This chapter deals with the research topics based on the discussion and analysis of the findings in chapter 10. It considers, first, what authors’ views are on copyright and how these perceptions influence them in their creative work. Second, it examines the role of copyright support structures and the legislative framework in order to ascertain how they are perceived by authors. Third, it discusses how authors have been affected by changes in publishing and, more specifically, the impact of electronic publishing. This discussion includes observations on the author-publisher relationship, publishing contracts, and future business models for authors. Finally, the research questions are considered against the backdrop of philosophical theory with consideration of the author’s place in the literary and public spheres. Factors such as developments in technology, parallel importing concerns, and changing trends in publishing and marketing are prompting authors to cultivate a greater awareness of issues that affect their livelihood. This chapter completes the discussion on the way in which authors are navigating their copyright in the expanded literary sphere and how they are dealing with digital technology in their creative work and publishing contracts. On a deeper level, it also reflects the author’s role in the literary and the greater public sphere and the relationship between the competing groups in the publishing industry.

Research and Methodology

As an inter-disciplinary study, the research employs a multi-method methodology, with the focus on a Humanities-based approach. The research design is characterised by a qualitative/quantitative research model, incorporating survey data and in-depth interviews. Purposive sampling has been employed to secure in-depth interviews with published authors and to involve qualified respondents in an online survey. The data obtained in this manner provides the basis for the findings and conclusions in chapters 8, 9, 10, and 11. The chapter considers the purpose and scope of the research and discusses the two-stage strategy used to obtain the data, pointing out the limitations of the research strategy, on the one hand, and the purposeful nature of the information obtained in this manner, on the other.

Authorship

The role of the author and the meaning of authorship is examined first in the context of legislation and case law and second as seen by critical theorists. The author’s position as natural rights holder and moral rights holder within the ambit of the law is considered against existing legislation and case law. The discussion then moves to an account of the author as creator, first in the 21st century and, thereafter, in the digital era. New challenges to authorship and changes in the perceptions of readers are highlighted and discussed.

Discussion and Analysis

A discussion and analysis of the key aspects emerging during the course of the research comprise the basis of this chapter. It addresses, inter alia, the effect of the parallel importing debate on authors’ rights, the issue of publishing contracts, the idea of a “heavenly library” and copyright protection on the Internet, including a discussion on how existing territorial copyright structures may be affected by electronic publishing. This chapter also considers the Google initiatives and possible new business models for authors. The emerging theme of resale royalties for authors is examined and compared with the Resale Royalty Right for Visual Artists Act 2009. In conclusion, observations are made on the role of the author in the changing publishing landscape, situating the author as member of the “author sphere” in the context of the public sphere.

Research Findings

This chapter deals with the third question, namely: What are Australian authors’ views on the changing nature of the publishing industry, and how have they been affected by changes/advances in this area? It focuses on the relationship between authors and publishers, publishing contracts, ebooks, Google, and publishing options for authors in the digital world. Preliminary conclusions regarding authors’ views on these issues lay the foundation for an in-depth discussion and analysis in the next chapter.

Theoretical and Philosophical Foundations

This chapter deals with the theoretical foundation of copyright law and considers the various philosophical theories in this regard. The link between copyright law and the philosophical ideals that underpin its theory and interpretation is noted and considered within the ambits of the public sphere as proposed by Habermas (1974, p. 49). The discussion also includes an explanation of the public domain and focuses on the following theories in particular: the utilitarian approach, the public benefit theory, the natural rights theory, and the moral rights theory. The chapter concludes by comparing the theories and noting their alignment and differences.