The Bookseller.com

8th August 2008

Clare Alexander is a literary agent with Aitken Alexander Associates, and president of the Association of Authors’ Agents. She was formerly a publisher at Viking and Macmillan.

Defence of the realm

10.05.08

In the "turf wars" between British and American publishers, there is much more at stake than where competing English-language editions of books might be sold. The bigger dispute is about whether there should be any territorial limitations at all. And the reason this debate is becoming more heated is because there are now two very different forces at work.

As an example, during the recent London Book Fair Australian publishers were asking why they are traditionally part of the UK market (via Commonwealth rights contracts). In fact, we have become accustomed to different English-speaking countries developing their own excellent domestic publishing. We all know that books are published most effectively if they have an advocate in every significant market, and separate English-language editions of certain books now appear frequently in Australia, Canada and India. There is a strong argument to recognise difference and to customise print books for particular markets.

But international corporations see that digital editions might be downloaded anywhere, anytime, and niceties of spelling, cover treatment or advocacy would appear to be unnecessary if there can be a global English language edition.

Unsurprisingly, perhaps, the main publishing players who want to see the end of territorial rights are based in America, and tend to have significantly more powerful companies there than in the UK. Some of them belong to global media giants who have their own agendas, and who are less concerned about their UK, Canadian or Australian subsidiaries than the perceived threat from entities such as Google, Sony, Apple, Amazon or Microsoft. For the first time, in a digital world, these mega-players may feel inclined to help themselves to a slice of the publishing business. Already some of them are offering deals far more attractive than those suggested by publishers for certain rights in top-selling authors.

It behoves all publishers everywhere who have an interest in creative, bespoke publishing to defend the idea of territorial rights. For print editions British publishers have made their argument more compelling by ensuring, despite economies of scale which would argue the opposite, that royalty terms are more attractive for their export editions than those paid by American publishers. They must be sure that the terms they offer on digital rights are also competitive with those who, in the long term, might wish them to cease to exist.