The ASA has been contacted by creators about concerns regarding the Adelaide-based hybrid publisher, Starfish Bay Publishing, which were recently raised by A Current Affair. These concerns include a lack of communication between the publisher and its creators, unfulfilled contracts, and unpaid royalties and loans. We understand these creators are feeling frustrated and distressed, and provide the following information as general guidance. For legal advice, contact ArtsLaw or a commercial law firm specialising in IP and contract law.

Firstly, all authors should know that before you sign any contract, it is vital that you have the agreement reviewed by a lawyer – especially if you are being asked to contribute towards the cost of publishing your book. Remember: if you are paying the publisher an upfront fee, it is not a traditional publishing contract. Do not rely on assumptions or good faith – to be adequately protected you need to understand what it is you are agreeing to. You can seek a contract review through the ASA’s subsidiary law firm Authors Legal, ArtsLaw, or a commercial legal practitioner. A professional contract review is your best protection against unfair terms, and a way to empower yourself to negotiate with confidence. 

For those creators who have an agreement with a non-responsive hybrid publisher who has taken money from you and your books are not yet published, the best course of action may be to try to terminate your publishing contract, and seek a return of any of the book files. This will enable you to take your work to another publisher, while there is still an opportunity. Once a book has been published, it is unlikely another publisher will choose to republish it, especially if there have been little to no sales, as the work is considered to have been ‘market-tested’. 

We suggest checking your contract for an auto-termination clause which may be relevant for unpublished works. Once the contract is terminated, the ASA can absolutely provide further information and support regarding pitching your work to other publishers through our free Member Advice Service.

If your work has been published, and you are unable to raise a response from your hybrid publisher in regards to your concerns, we recommend you lodge an official complaint with the appropriate regulators, including the Australian Competition and Consumer Commission and the relevant state or territory fair trading body. You can also make a complaint to the Alliance of Independent Authors watchdog advisory desk to ensure other authors are made aware of common complaints. Another option is to seek legal advice, however, you should understand that this could incur a greater cost than the return, depending on your circumstances.

We appreciate that the steps affected authors can take are limited, and that the impacts include both financial and emotional injury. If you are feeling overwhelmed, we recommend making use of SupportAct’s free, confidential Wellbeing Hotline.