Fair Contracts

January 5, 2016

An open letter to the members of the Association of Canadian Publishers (ACP), the Literary Press Group (LPG), and the Canadian Publishers' Council (CPC):

Today, author groups from around the world have signed on to an open letter regarding the Fair Contract Initiative from our sister organization, the Authors Guild (AG) in the United States. The Writers’ Union of Canada (TWUC) has included its name and logo on this letter. TWUC works closely with the Authors Guild on many initiatives, most notably global copyright concerns (TWUC is, for instance, a friend of the court in the AG’s ongoing book-scanning lawsuit against Google). We fully endorse the AG’s recent work updating contract principles.

TWUC has been sharing with its members the AG’s new contract principles as they have been published on their website over the last six months. As a founding member of the International Authors Forum (IAF), TWUC is also contributing to work on new, global contract principles for creative professionals. You will find attached both the AG’s open letter and the IAF’s Ten Principles for Fair Contracts.

TWUC has long advised its members on contract terms and negotiation using its own Model Trade Book Agreement, and we believe the time has come to update this document to better reflect the changed reality of writing and publishing in Canada. There is no question the economic reality for Canadian authors has deteriorated in the years corresponding with massive changes in the publishing industry. TWUC’s 2015 income survey report shows that author incomes have declined 27% since 1998, and that, distressingly, annual writing income is below the poverty line for 80% of Canada’s writers. These findings are mirrored by similar studies in both the US and UK. The reasons for this decline are complex, and contract terms are not solely to blame, but they are part of the mix and need to be addressed.

TWUC is aware that many independent Canadian publishers have used its Model Trade Book Agreement as a template when drawing up their own first contracts. In that spirit of professional cooperation, we want to make sure you’re aware of the fair contract movement in the author community. In fact, we invite representatives from the ACP, LPG, and CPC to be part of the Canadian discussion around new contract terms. TWUC proposes a roundtable discussion about contract principles aimed at establishing general best practices. In the meantime, please read the many tweaks and changes to industry standard contracts proposed by both the AG and the IAF.

Thank you for your attention.

Sincerely,

The Writers’ Union of Canada

 

See the Authors Guild's Fair Contract Initiative here.

See the UK's Society of Authors open letter here.

See the International Authors Forum's Ten Principles for Fair Contracts here.

See the Australian Society of Authors open letter here.