The Alliance has examined the new Fairfax Editorial/ Photographic Contributor Copyright Agreement and it raises crucial concerns. In short, Fairfax asks you to sign an agreement that takes away both your copyright and moral rights. If you are asked to sign an editorial (or photographic) contributor copyright contract, please contact Pamela Moriniere at the Alliance: 1300 656 512 or email pamela.moriniere@alliance.org.au. The Alliance is asking people to sign a petition raising concerns about this agreement.

 The contract as it stands raises crucial concerns:

Although the contract states that you retain ownership in all Fairfax works (clause 1.2), the contract contains a worldwide, irrevocable (and apparently royalty free) exclusive license in favour of Fairfax to reproduce and deal with the work by all means whatsoever (clause 1.3)

Not only does it mean that this licence will last forever, but it fails to:

1. ask for your permission for any further use of your work
2. pay you any additional fee for the re-use of your work
3. let you use your work in any other form whatsoever because this license is exclusive

The contract prevents you from providing any other work to Fairfax competitors unless you are an occasional contributor (3 contributions in 6 months) (clause 2).

1.  this clause is anti-competitive and constitute an unreasonable restraint of trade
2. almost any Fairfax contributor will be considered as a regular contributor and will fall under that restriction
3. each contribution to one of Fairfax’ competitor would be subject to your editor’s authorization “in writing”. This is practically very time consuming for all staff.

Although the contract states that your contribution to Fairfax will be attributed to you (clause 1.6 in the editor contract and clause 1.7 in the photographic contract), it also provides for a moral rights waiver in relation to all your contributions to Fairfax. You thereby give your consent to Fairfax to do anything that might otherwise infringe your moral rights (clause 6), including the right to omit your creditation. This clause is unreasonable and unlawful. The law says that an author must consent to “specified acts or omissions, or specified classes or types of acts or omissions”.

In short, Fairfax asks you to sign an agreement that takes away both your copyright and moral rights. 

If you are asked to sign an editorial or photographic contributor copyright contract, please contact the Alliance.