We’re thrilled to publish two newly updated model contracts — the Model Trade Publishing Agreement for Authors and the Model Trade Publishing Agreement for Illustrators — now with revised standard terms and comprehensive AI clauses, to help creators understand their agreements and negotiate with confidence.

The updated contract templates have been informed by the work of Authors Legal, our bespoke subsidiary law firm for authors and illustrators. The templates include our recommended minimum standard terms and clear explanatory notes to help demystify what can often be an intimidating, opaque document. For the first time, they include clauses on any permitted uses of generative AI in the publishing process, and how to approach AI licensing in your agreements. Key terms include that the Publisher must obtain consent to:

• Use the author or illustrator’s work to develop, train, direct, or fine-tune AI tools
• Mine or scrape text to use in connection with AI
• Enter into an AI Rights licensing deal.

The templates also detail a procedure for licensing deals, and include a sample schedule for permitted AI uses.

This technology is rapidly evolving, and our AI clauses aim to address this future uncertainty, while safe-guarding authors’ ability to negotiate a fair deal. The ASA urges authors and publishers to have transparent discussions about AI and to capture their intentions in writing from the outset. 

You can access the contract templates via the Resources section of our website – the cost is heavily subsidised for ASA members, while both contracts remain available to purchase for non-members. The ASA is also developing a standalone guide to AI clauses for creators who want specific information about generative AI use and licensing in publishing. Stay tuned to our newsletters, for more information on the forthcoming publication of this resource.

In tandem with these new resources, the ASA has launched new minimum recommended rates of pay for royalties to provide greater clarity to creators for their publishing agreements. These rates have been developed specifically for trade publishing in the Australian market, and include information about the difference between retail and net receipt royalties, high-discount clauses, and rising royalties. We believe creators deserve to be paid fairly, and the best way to achieve better conditions for authors and illustrators is to empower them with  authority and confidence in their negotiations.

If you do not have an agent, or would like tailored advice about your publishing agreement – including for hybrid or author-contribution contracts – you can request a contract review by Authors Legal. Contract reviews are heavily subsidised by the ASA, and are offered at a significant discount to ASA members.

Finally, if you’re a member with a question about the publishing industry you can always seek guidance via our free Member Advice service, or check if your query is already addressed in our publishing industry FAQs.