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Life plus 70: who really benefits from copyright’s long life?


Catherine Bond, UNSW Australia

Few of us wish to disclose our age. But, for the purposes of this article, I am willing to do so: in 2012, I turned 30.

According to data generated by the Australian Bureau of Statistics, a woman in Australia aged 30 in 2012 will likely live for another 54.90 years. If this figure is correct in my case, then copyright will protect this article for nearly 125 years. It will officially enter the public domain on 1 January, 2141.

Is what I say in this article so significant that I, and many generations of Bonds to come, should enjoy a right to control who copies this piece for the course of the next century and beyond?

Probably not. However, that is how copyright applies in Australia. So why do we protect copyright for the life of the creator plus 70 years?

Term of his natual life

The length of copyright protection has been in the news recently following the leaking of the Intellectual Property Chapter of the forthcoming Trans-Pacific Partnership (TPP).

Under the TPP, Australia won’t be required to make any changes to our term of copyright for works (such as this article). We already introduced the TPP-mandated period of protection for published works – life of the author plus 70 years – when we signed the Australia-United States Free Trade Agreement in 2004.

Before this, Australia’s term of protection was life of the author plus 50 years, which is the minimum standard required by the Berne Convention, our main international copyright agreement. However, other countries in the TPP, such as Canada and New Zealand, will need to extend copyright in works to life plus 70 years if the TPP proceeds.

For as long as there has been statutory copyright protection, there has been a stated term of protection for published works. That duration is seen as part of what is described as the “copyright balance”.

When the High Court of Australia considered in 2009 whether copyright should protect a TV guide created by Channel Nine in IceTV v Nine Network Australia, the judges stated that:

[…] the purpose of a copyright law respecting original works is to balance the public interest in promoting the encouragement of “literary”, “dramatic”, “musical” and “artistic works”, as defined, by providing a just reward for the creator, with the public interest in maintaining a robust public domain in which further works are produced.

Copyright provides authors with an incentive to create works and release these to the public, by rewarding that author with a number of rights for a limited period of time.

These rights include control over who can copy it or make it available online. In turn, during the term of copyright, the public can use the work as allowed under law, but after copyright expires, any person may copy the work in part or in whole in a variety of ways.

Out of public domain

Over the years, that period of protection has been extended a number of times to take account of factors, including the impact of war, although today copyright protects works for far longer than a patent might protect an invention (20 years) or a design (two terms of five years).

Jane Austen’s books, for example, have been in the public domain for more than 150 years. As a result, anyone can publish and sell their own edition of Emma or Sense and Sensibility, or use Austen’s characters in another story, as happened in Pride and Prejudice and Zombies and its forthcoming film adaptation.

Innovative works such as Pride and Prejudice and Zombies are made possible only once copyright lapses.
Robert Burdock/Flickr, CC BY-NC-ND

When Austen died in 1817, copyright in her works passed to family members, as was intended under copyright law. A posthumous term of copyright was to ensure that heirs of the copyright owner could benefit from what his or her family member created, and to continue to enjoy some financial benefit after the death of the original author.

However, this does not always happen. Austen’s relatives sold the copyright in her works to an English book publisher in the 1830s, and it often happens that a publisher or another third party will own copyright.

When Men at Work were famously sued for copying the children’s song Kookaburra Sits in the Old Gum Tree, the owner of the copyright was not Marian Sinclair, the writer of the song, or her direct heirs. Instead, it was a music publishing company, Larrikin, which purchased copyright in the song from the Public Trustee.

Today, we have empirical evidence that a strong public domain provides significant economic benefits.

Often these benefits are overlooked when we are negotiating trade agreements like the TPP, which may have broader strengths and consequences beyond those that affect IP. However, when the duration of copyright in an online article starts to sound like science fiction, it may be time to limit the time of copyright.

The Conversation

Catherine Bond, Senior Lecturer in Law, UNSW Australia

This article was originally published on The Conversation. Read the original article.

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How to read the Australian book industry in a time of change


Jan Zwar; David Throsby, and Thomas Longden

In 2014, the Department of Economics at Macquarie University began a three-year study to examine the responses of Australian authors, publishers and readers to global changes in the current publishing environment.

Last week we released the first stage of the study, based on a survey of more than 1,000 Australian book authors. Our findings show that while book authors are innovators in their professional practices, the financial rewards for initiative and experimentation are unevenly distributed.

Authors’ income

The average income of Australian authors is A$12,900. Although a fifth of authors write as their full-time occupation, only 5% earn the average annual income from their creative practice (which we calculate using ABS data as A$61,485 for the 2013-14 financial year). Most authors rely on other paid work and their partner’s income to make ends meet.

Justin Heazlewood’s Funemployed (2014) explores what it’s really like to be a working artist in Australia.

Compounding this is the recent fall in the average selling price of trade books. According to Beth Drumm, Sales and Marketing Manager in the Asia/Pacific division of Phoenix International Publications, the standard price of small-format publications has fallen from A$24.99 – A$29.99 to A$19.99 within the last five years. Highly discounted books sold by discount department stores (such as Kmart, Target and Big W) also impact on an author’s income.

Nearly a fifth of all authors earned over A$101,000 in the period of the survey, and a small proportion of authors (nearly 3%) earned more than A$101,000 from their creative practice alone.

An author’s capacity to earn income from other paid work is boosted by high levels of education. They also possess technical skills (the ability to compose, write and edit) that lead to work that does not produce creative output.

One of the greatest limiting factors for authors is finding time to write. Table 1 (below) shows the proportion of authors for whom insufficient income prevents them from writing further. Domestic responsibilities and the need to earn income from other sources affect more than half of authors.

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Another pressure on trade authors’ time is their increased role in promoting their books. With the rise of social and online media as important channels for promotion, more than half of all trade authors spend more time promoting their work than they did five years ago – and the rise of social media hasn’t negated the importance of in-person bookstore appearances.

Although we examine how changes are affecting all types of authors, in the remainder of this article we focus on the challenges facing literary fiction authors and poets in particular (while we use “literary” fiction, we are aware of the debates around the use of the term).

Literary fiction authors

Changes in the industry are increasing opportunities for authors to publish their work using cost-effective digital technologies and small print runs. Even so, nearly a third of these authors report being worse off financially compared to five years ago.

One factor for this may be the shift of a considerable amount of literary publishing in Australia from larger publishers to small, independent presses – very small presses may have more constraints on the size of advances, if any, they can offer authors, for example.

The top-earning quarter of literary authors earn on average A$9,000 a year from their writing. Literary fiction authors are the most likely to report that insufficient income from their writing prevents them from spending more time on writing (70%). Although the top-earning quarter of literary authors earn on average A$85,000, the majority of their income comes from other types of paid work.

Poets

Australian poet Rachel Smith participated in the Multipoetry project by the Krakow City of Literature. The Melbourne UNESCO City of Literature Office and Australian Poetry brokered the involvement of Australian poets.

The situation for poets is even more challenging. Nearly three quarters of Australian poets have changed the way they publish, distribute or promote their work. Poets are particularly innovative in finding new avenues for paid work and are also experimenting with self-publishing – but the average income earned from their creative practice by those in Australia’s top-earning quartile of poets is only A$4,900, the lowest average across any of the different types of authors.

After his first self-publishing experiment proved a success, Steven Herrick wrote a series while continuing to publish books with traditional publishers. Not all self-publishing experiences are so positive.

Over half of poets reported no discernible change in their financial position over the past five years. Even though they are innovating and experimenting in their professional practices as well as stylistically (see, for example, the work of self-published performance and multimedia poet Candy Royalle) those changes are not leading to increased incomes.

At the launch of our research findings, Australian poet and author Steven Herrick encouraged poets to write in other genres to increase their incomes.

Herrick self-published a series of cycling memoirs set in Europe through Amazon, starting as an experiment. He quickly established a readership in the UK and he is about to release his fifth title in the series.

The market for literary fiction and poetry in Australia

At the moment, the market size for most Australian-authored literary works is modest. Most literary titles – apart from those by high-profile authors – have print runs of 2,000–4,000 copies.

Print runs for single volumes of poetry for adult readerships are even lower – often between 300 and 1,000 copies. In keeping with a centuries-old tradition, authors are creating their own publishing opportunities such as Kill Your Darlings, a literary journal founded in 2010, taking advantage of digital technology to keep costs down.

Kill Your Darlings was founded by authors Rebecca Starford and Hannah Kent.

The actual size of the market for literary works in Australia, particularly for Australian-authored work, is unclear. There are no reliable statistics about the sales of literary books as a proportion of total trade sales, but during 2015 one member of our research team estimated that literary books comprise roughly 5% of trade sales, and less than half of these comprise Australian-authored literary works (onshore trade sales are worth approximately A$900 million).

A related question then arises as to whether it is possible to grow the size of readerships for literary works, and if so, how could that be done? Literary publishers around Australia are endeavouring to increase the size of their readerships but there are no short-cuts.

That’s because the pleasures and rewards of reading literary works are an acquired taste which develops over time. Further, Jim Demetriou, Sales and Marketing Director of Allen and Unwin, commented:

With literature each one of the author’s books is a totally different “animal” to the previous book, so you have to sell the concept and the idea behind each individual title. It’s generally a slower build unless it’s a big-name author who people recognise and understand.

The way forward

Studies of the book industry often refer to the tension between creative and commercial imperatives (see Merchants of Culture,2012, Words & Money, 2010, and Reluctant Capitalists, 2006).

There are no easy answers but the survey findings – and the initial discussion around them – suggest that Australian authors are engaging with changes in the industry and exploring new opportunities.

One feature of the Australian book industry is that authors, publishers and booksellers share a collaborative commitment to its cultural and commercial success. That’s something the new Book Council can bank on, with confidence.

For further information about the research, visit here.

The Conversation

Jan Zwar, Postdoctoral Research Fellow; David Throsby, Distinguished Professor of Economics, and Thomas Longden, Postdoctoral Research Fellow

This article was originally published on The Conversation. Read the original article.