The American Society of Media Photographers (ASMP) recently learned of a new unfair contract demand by a publisher. For its line of print-on-demand books, Simon & Schuster has begun requiring authors and agents to sign contracts that assign all rights, in perpetuity, to the publisher. Simon & Schuster has refused to negotiate alternative terms. The Authors Guild is opposing the publisher and has urged its members not to sign contracts with this language.

Until now, publishing contracts have customarily provided for a reversion of rights to the author after some milestone, such as the quantity of books printed, a fixed number of printed editions, a certain number of years, or after annual sales fell below a specific number. This has allowed authors to take their work to another publisher for a better deal, to self-publish, or to repurpose a work after its initial popularity waned.

Print-on-demand technology is now altering the economics of book publishing by permitting very short press runs or even single-copy productions. By eliminating the cost of unsold inventory, print-on-demand reduces the publisher's financial risk. It allows publishers to exploit smaller market niches and, thus, creates more opportunities for authors, illustrators, photographers and artists. However, nothing about the technology requires the transfer of all rights, with no reversion after a milestone. It merely serves to deprive authors -- and their families -- from regaining the rights to their works, even after the publisher is no longer marketing or promoting the work.

ASMP joins the Graphic Artists Guild (GAG) in support of the Authors Guild and its opposition to Simon & Schuster's contract requiring all rights in perpetuity. Like authors, media photographers earn their living by licensing their creative work to publishers and, ever since its founding in 1944, ASMP has often had to oppose unfair contracts. Over the years, technology has changed many things about the publishing business, but the principles of fair dealing have not changed. We therefore urge photographers, authors and creative artist of every discipline to insist on reasonable and equitable terms in the publishing contracts they sign.