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The Forum > Article Comments > Innovation the loser from book 'expropriation' > Comments

Innovation the loser from book 'expropriation' : Comments

By Alan Moran, published 29/7/2009

Higher returns for authors mean more incentive to innovate (the reason for granting patents and copyrights in the first place).

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Copyright may be a thing of the past.

"To bolster declining profits, publishers have turned on authors and used their market dominance to force them to sign over all copyright, write for a one-off, minimal fixed fee rather than royalties, and forgo their right to additional sources of income such as CAL payments and Lending Rights payments."

http://www.asauthors.org/lib/pdf/zReports/ASA_Educational_Publishing_Report2008.pdf

We are a country that makes very little, but in the future, we may be publishing very little also.

We are being educated sufficiently to be able to consume, but not to produce anything, or to discover anything new or to publish any new knowledge. That will all come from elsewhere.
Posted by vanna, Wednesday, 29 July 2009 1:51:43 PM
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I'm missing a little information on this.

There is no counterfeiting going on, as far as I understand, so we're not talking fake Gucci handbags.

"An owner's entitlement to sell or otherwise dispose of a product as he/she sees fit is fundamental to economic efficiency"

Efficiency is an interesting word in this context. Presumably, from the author's viewpoint this equates to profit maximization.

Which is fair enough.

But in a normal business, all the financial stipulations are determined by means of a contract. Does this not also apply to the book trade?

Is it perhaps the case that writers do not actually have a say in the terms and conditions that relate to their work-product?

How does that work? Is there a "sign away your rights" point in the process, over which no-one has any control?

Is a book contract somehow different to other forms of commercial agreement?

Where does the current system fail to protect the rights of the author/copyright holder?

I think what I am trying to express is - why should this be a government policy responsibility, rather than a straightforward industry issue?

I'm keen to understand more.
Posted by Pericles, Wednesday, 29 July 2009 2:51:01 PM
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I have mixed feelings on this matter. As a 'wannabe' writer I can quite happily say that I would want the price of anything I produce to be such that I get a decent return / royalty. However, I can also understand (and agree) that unless a story / book / film etc attracts people enough to spend their money buying it, it's not a viable proposition. I would never give up my copyright, even if it meant not getting published - this is a matter of principle. My creative endeavours, no matter what the quality may be, are mine, not a publishers.

This said, the reality is likley to be that I am going to carry on in my day job, with pocket money coming from writing (which I enjoy, so I have no trouble finding time to do it). Perhaps this is where writing will go for those who produce marginally profitable, or unprofitable, books.

If the cultural stories need to be told, and I think many of them do, this might come down to large government subsidy. There is also a place for this. Not everything has to generate a financial return.
Posted by Phil Matimein, Wednesday, 29 July 2009 3:01:35 PM
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Pericles,
The formula is quite simple.

A large international company will move into a market and then drop their prices, (even below profitable levels), to drive local produces out of the market.

After the local producers have been driven out, (or sufficiently diminished), the international company will then increase their prices back to where they want them.

After a while, no one is the wiser, because there are few local producers left to compare prices or quality.

In the case of publishing houses, many now have a parent company that is not Australia, and they also appear to be attempting to force out Australian authors by paying them very little.

We can all look forward to a future of US TV programs, US music, US movies, US software, US books, US educational material and US everything else.
Posted by vanna, Wednesday, 29 July 2009 4:59:41 PM
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Pericles,

The issue is, do I have a right to sell something to you on the basis that you do not sell it to somebody else? In principle there should be nothing to stop this happening. The reason I would do this is to allow myself to sell the same product to somebody who would be willing to pay a high price, and in doing so avoid having (lower priced) sales to another customer diverted to that more lucrative market.

Market segmentation and selling at different prices is common and vital for some goods and services; however, if only one price could be charged everywhere in the world (which is essentially the normal situation for goods) then that means the supplier has to decide whether to charge a price below that which would be achievable in some markets.

That also means the supplier will not be able to sell at a low price to those markets that would not find the higher price affordable. If she did so, the product would be diverted to the higher priced market and result in sales being cannibalised there. The seller loses some marginal revenue and the price choked-off buyers lose some utility.

In that sense, the ability to market segment is efficient.

The issue is how to ensure that market segmentation is practicable and this is becoming increasingly difficult. But the basic tenet is that the seller has ownership of the product and, in principle, should be able to set whatever price she wants, including different prices to different classes of customer.
Posted by alan, Wednesday, 29 July 2009 5:07:31 PM
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Thanks alan.

At one level, we have a situation where the price of an undifferentiated product - a book, or a CD is after all identical at the point of sale - will eventually settle to the lowest point.

But the "undifferentiated commodity" aspect of it surely only comes into play after agreements have been signed. Do those agreements cover geographies? E.g. can you stipulate at the agreement stage whether publication is limited to certain countries?

>>the basic tenet is that the seller has ownership of the product and, in principle, should be able to set whatever price she wants, including different prices to different classes of customer.<<

Sounds reasonable to me. Presumably this is included in the agreement. Surely it cannot be the case that a government is able unilaterally override such clauses?

Or am I just being naive?

Vanna, I think there are laws against this.

>>A large international company will move into a market and then drop their prices, (even below profitable levels)<<

http://articles.manupatra.com/PopOpenArticle.aspx?ID=63a44f49-b2e5-4f3d-8fd4-c7aa10a8168d&txtsearch=

>>In the case of publishing houses, many now have a parent company that is not Australia, and they also appear to be attempting to force out Australian authors by paying them very little<<

In the normal scheme of things, this would leave the way open for local competitors to snap up those authors and promote them? Or do we not have a local industry at all?
Posted by Pericles, Wednesday, 29 July 2009 5:40:27 PM
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