The ASA has recently been contacted regarding concerns about exclusivity in agreements for literary events.

We have long advised that requirements preventing an author or illustrator from appearing at another festival or event within a specified distance and time period should be avoided in appearance agreements in Australia, on the basis that they limit a creator’s opportunity to promote their work or generate additional income through book sales or appearance fees. These restrictions may also prevent an author from being able to undertake a book tour in those first vital months after publication. 

If literary event organisers are imposing exclusivity in their event agreements, then the fee they offer should compensate creators in full for the lost opportunities.

While exclusivity clauses may be unenforceable in a practical sense, authors may choose to adhere to these conditions because they lack the resources or desire to risk their relationships with event organisers, or their publishers. This is particularly relevant in a context in which the average author has low bargaining power due to the scarcity of opportunities to promote their work and earn an income from their writing, as well as the low remuneration offered to creators in general. The likely effect of such exclusivity conditions is to chill an author or illustrator’s decision-making about undertaking additional events or promotional opportunities.

Relevant to this issue is the government’s intention to reform worker restraints from 2027, including banning non-compete clauses for low- and middle-income workers, on the basis  that such clauses can be inappropriate for workers who have less bargaining power, and less capacity to absorb losses to their income. The ASA made submissions to the consultation for these reforms, recommending that the bans on non-compete clauses apply to independent contractors.

Writing Australia has also addressed exclusivity as part of the terms of their newly announced investment program, Writers’ Festival Author Travel Fund 2026–27, making clear that if an author’s travel, accommodation or appearance fees are supported by that investment program, the successful applicants cannot require the author to decline other event opportunities outside the festival.

We advise creators with strong concerns about exclusivity to raise the issue with the event organiser, or your publisher or agent, and negotiate for more favourable terms.

You can find out more about the minimum practice guidelines for festivals in the ASA’s Guide to Appearing at Literary Festivals, which is free for members, and $15 for non-members and accessible via our Resources Hub. Or, if you need advice, contact the ASA via our free Member Advice Service.