School of Culture and Communication - Research Publications

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Author: Day, Katherine × End date: 2024 × Start date: 2020 × Type: Thesis ×

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    Book Contracts and the Post Negotiation Space: lifting the lid on publishing's black box of aspirations, laws and money
    Day, K ; Magner, B ; Nolan, S ; MICHAEL, R ( 2021)
    The utilitarian underpinnings of Australian copyright law create a tension between the publishing contract as a sanction and an ideology. The sanctioning properties of the contract focus on its utilitarian qualities, which encompass financial return to which the publisher is most attuned. In contrast, the ideological properties of the contract are initially of most importance to the author because the contract can be seen as an endorsement of the work and as a gesture of support from the publisher. The perception that this tension can be negotiated (Simensky et al. 2003, 152) has proven problematic, particularly when balancing financial and legal interests within the highly subjective territory of cultural production. Because of their economic power and their crucial role in traditional book production, publishers have been criticised for dictating the contract’s terms and tailoring it towards the pecuniary rights of the author (Alexander 2010, 23). But industry developments have also forced publishers to reassess their position in the contemporary publishing field and approach this legally binding transaction anew. Likewise, a changing landscape for both publishers and writers has potentially shifted perceptions of what the publishing contract represents for each. This dissertation argues that the contract is a cultural artefact capable of reflecting the industry’s changing landscape and proving to be flexible within this landscape. Additionally, the larger framework of relational contract theory provides possibilities for future publishing negotiations post contract, and a unique investigation of the author–publisher relationship. Drawing on the disciplines of cultural studies, law, publishing studies and cultural sociology, this dissertation captures the perspectives of publishing professionals and authors within publishing negotiations and presents the editor as being fundamental to the formation and application of contractual terms in the post negotiation space.