From Publishing Perspectives:
As we reported in late November, Audible‘s initial response to what writers called #Audiblegate was soundly rejected as inadequate by authors’ organizations.
Originally, Audible had allowed a subscriber to return or exchange an audiobook within 365 days—and had deducted an author’s royalties from her or his account when that happened if the audiobook was distributed through ACX, the Amazon-owned Audiobook Creation Exchange. This and a lack of an accounting for authors as to unit purchases and returns, the author corps stressed, was unacceptable, with some writers saying they’d seen between 15 and 50 percent of their anticipated ACX revenue withdrawn this way.
What Audible came back with was a reduction from 365 days for returns to seven days, pledging, “Audible will pay royalties for any title returned more than seven days following purchase.”
The writers were less than fully impressed, and a strong coalition of international author advocacy organizations and programs has continued putting pressure on the audiobook giant.
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It was in early February last year that the Association of American Publishers led an effort by seven major publishing houses to stop the company’s deployment of “Audible Captions” without a publisher’s permission.
In the current question about returns and transparency at Audible, an update arrived on January 20. In that statement, Audible’s ACX unit wrote that starting in March, its producing authors will be able to see details on returns, “including returned units by title” on their sales dashboards and in monthly financial statements, beginning with that month.
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The three organizations write that “at the heart” of the authors’ coalition’s complaints has been “a lack of transparency—around the implications for authors of key contract terms and in opaque accounting practices which make it impossible for any author to get a true picture of how their income is being calculated.”
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The original ask, the coalition reiterates, was:
- “Provide a full and complete accounting of returns made pursuant to this policy since it was first implemented
- “Limit the time period of returns and exchanges that could be deducted from royalty counts from 365 days to a reasonable period, such as 48 hours, and allow only ‘true returns’ (e.g., where less than 25 percent of the book has been read) to be deducted from royalty accounts
- “Show the total number of unit purchases and returns on the author dashboards, not just the “net sales” already adjusted for any returns; and
- “Take action against abuse of the ‘return and exchange’ terms by listeners”
Conceding that Audible “has made progress on some of these demands and other subsequent ones,” the coalition says, “our reasonable demands for a full and complete accounting of returns made to date—to recompense authors and narrators for returns unfairly charged back to their accounts, and to stop charging back returns when more than 25 percent has been read—have not been met.”
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Ability to Terminate Audible Distribution
Quoting the coalition:
“Starting February 1, all ACX rights holders (including authors who self-publish audiobooks through ACX, as well as independent publishers that rely on ACX services to create audiobooks)—both exclusive and non-exclusive—may, with notice, terminate distribution of any title that has been in distribution for at least 90 days. To withdraw titles created using a royalty share option with the producer, however, the ACX rights holder will need to obtain consent from the producer.
“Titles for which distribution is terminated will be removed from all sales and distribution through ACX including Audible, Amazon, and Apple. Audible will share details about the process for termination in the January payments letter, including details about how termination requests will be processed.”
The State of Play: ‘An Important Step Toward Fairness’
The coalition of three leading authors’ advocacy organizations in its summation, is indicating to the groups’ respective memberships exactly what good diplomacy dictates—an outlook that there is more progress yet to be made but that cooperation to date is worthwhile and to be appreciated. There are politicians working in many countries at this moment who could learn something from this.
What’s encouraging here is the bargaining efficacy these long-running authors’ organizations are able to show as they work through this thicket of rights holders’ and content providers’ issues with Audible. Even the leading writers’ trade associations in the field have been too easily dismissed at one time or another by some players—by no means all—in the publishing industry.
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“With input from independent authors,” the coalition writes, “we raised other issues, including the one-year commitment to exclusivity and the mandatory seven-year license term in Audible contracts, and are pleased to see that progress was made on these demands.”
Link to the rest at Publishing Perspectives
PG is always happy for anyone to lobby for authors and other creators to be treated better by publishers of all sorts.
PG thinks that it would be great for authors’ organization to approach traditional print publishers to negotiate “a one-year commitment to exclusivity and the mandatory seven-year license term” in order to give authors of printed and ebooks the ability to move away from publishers who aren’t treating them right.
PG suggests there’s nothing special about what’s fair in audiobooks that should not also be considered for all the different formats for books that authors create.
PG will look forward to soon reading reports that the Authors Guild, the Society of Authors and the Alliance of Independent Authors are pressuring traditional publishers, large and small, for freedom from the onerous terms of typical print and ebook terms, such as exclusive contracts that are binding for the life of the author plus 70 years, twice-yearly royalty reports and payments, opaque reserves for returns provisions and practices that give authors no real information or rights to understand how such reserves are calculated and how long they will be held by publishers, etc., the ability to book sellers to return unsold printed books for full credit weeks or months after ordering and receiving them from publishers, etc.
Traditional publishing would be far fairer and more invested in the financial well-being of authors if it changed its publishing agreements in the same way these large authors groups, dominated by traditionally-published authors, are insisting Audible, an Amazon subsidiary, change its contract terms.