WHAT IS ANFASA?

APACT is a product of several years of discussions between authors and publishers on what makes up a reasonable and fair contract and how best a document encapsulating these qualities can be formulated. t

It is an explanatory guideline for authors and publishers to the standard terms of publishing contracts. It is non-prescriptive, and aimed at fostering and upholding a constructive and cooperative relationship between authors and publishers. ANFASA/PASA AGREEMENT ON CONTRACT TERMS

APACT records the standard clauses of a publishing agreement and defines them. It provides guidelines for the understanding and interpretation of key contractual terms to be agreed upon, such as royalty percentages. WHAT IS ANFASA?

Established publishers may assess their standard contractual terms in view of the guidelines. Inexperienced publishers may find the guidelines helpful when drafting their standard contractual terms. Authors may compare contracts presented to them by publishers with the guidelines to determine possible scope for negotiation. WHAT IS ANFASA?

APACT says that the term ‘publishing agreement’ refers to a legally binding contract between a publisher and an author (the ‘publishing contract’). It embodies a business transaction between two or more parties. It must spell out the terms of the transaction clearly and in sufficient detail in order for the parties to later rely on the contract to achieve their original intentions. It is customary for the publisher to take the lead by presenting a draft contract to the author. Both parties should fully understand all the terms and conditions in the contract. Authors who do not understand a contractual term or provision should seek clarification from the publisher, and the publisher should be prepared to provide the required explanations. WHAT IS ANFASA?

It explains how rights granted in the contract revert to the author at the termination of the contract. It covers subsidiary rights; moral rights; the author’s and publisher’s respective roles in the publishing process; the payment of royalties; warranties and indemnities; third party copyright material and permissions; competing work; sales and remainders; and so on.

APACT was endorsed by the National Library of South Africa and printed as a booklet. Both ANFASA and PASA promoted it to their memberships, and several workshops have been held to get feedback from authors and publishers. ANFASA’S VISION

An updated second edition is currently being drafted by teams from the two organisations.

ANFASA’S OBJECTIVES