Self-publishing gives authors more control, freedom, and profit potential than traditional publishing. But with great freedom comes great risk – especially from scams and predatory companies targeting new or independent writers.
This guide, prepared by our publishing law team, explains the legal risks, how to avoid scams, and why speaking with a lawyer before signing a publishing contract can save you from costly mistakes.
Key Takeaways
- Be cautious of unsolicited offers, upfront payments, and “guaranteed success” claims.
- Understand your rights under Australian copyright, contract, and consumer protection laws.
- Research every publisher or publishing service thoroughly.
- Get your contract reviewed by an experienced publishing lawyer.
- If you’ve been scammed, you may be entitled to legal remedies under Australian law.
What is a Self-Publishing Scam?
A self-publishing scam typically involves deceptive practices by companies or individuals who charge authors to publish their work, but fail to deliver the promised editorial, marketing, or distribution services.
These scams prey on an author’s eagerness to get published and can result in lost money, lost rights, or both.
Before you share your manuscript or pitch your idea, make sure you know how to legally protect your book idea before publishing.
Common Scams in the Publishing World
- Vanity Presses: Charge high fees while offering little real value in editing, design, or distribution. Often falsely position themselves as traditional publishers.
- Predatory Marketing Services: Promise widespread promotion or media exposure for large fees, with little or no actual results.
- Fake Literary Agents: Demand upfront reading or submission fees – something reputable agents rarely ever do.
Legal Protections for Australian Authors
1. Copyright Law
Under the Copyright Act 1968 (Cth), authors automatically hold copyright over their original works upon creation. Registration is not required, but it’s advisable to keep dated records of your work to establish ownership.
2. Contract Law
Publishing agreements are legally binding contracts. Terms around rights, royalties, and termination clauses can be complex or even misleading. Without legal advice, authors risk unknowingly giving away long-term control over their work.
3. Australian Consumer Law
Under the Australian Consumer Law (ACL), businesses must not engage in misleading or deceptive conduct. If a publishing service makes false promises or withholds key information, you may have legal grounds for action.
New to the publishing world? This step-by-step guide to publishing a book in Australia covers everything from manuscript to market.
Red Flags: How to Spot a Publishing Scam
Watch out for these common warning signs:
- Unsolicited contact (such as unexpected emails or DMs) filled with praise and urgency.
- High upfront fees – reputable publishers don’t typically charge authors to publish.
- Lack of transparency (such as vague answers about royalties, distribution, or services).
- Pressure tactics, such as “Limited time offer” or “act now” language, to rush your decision.
We’ve also seen authors get caught out when it comes time to “meet” the agent or contact, where it might get repeatedly postponed, cancelled or the agent doesn’t have their camera on a Zoom call. A scammer may be impersonating a real person in the industry, so it’s prudent to triple check.
Tip: Make sure you’re talking to a real person (with experience in the industry), at a real company.
If your publisher doesn’t hold up their end of the deal, it’s important to understand your rights – learn more in our article on what happens if my publisher breaches the agreement.
Best Practices for Self-Publishing Safely
Before signing anything:
- Do Your Research: Use reader forums, reviews, and check credentials on LinkedIn or other search engines.
- Consult a Publishing Lawyer: Legal advice now can prevent costly issues later.
- Choose Reputable Services: Platforms like Amazon KDP or IngramSpark are typically considered transparent and trusted in the industry.
- Protect Your Rights: Avoid contracts that demand exclusive or perpetual rights without fair compensation to you.
Learn more about the legal issues to consider when self-publishing in our guide to avoid costly pitfalls.
What to Do If You’ve Been Scammed
If you believe you’ve been scammed:
- Keep records of all communications, contracts, and transactions
- Contact the Australian Competition and Consumer Commission (ACCC) or your state’s consumer protection agency
- Seek legal help on potential contract termination or pursuing damages
Without professional legal guidance, you risk entering agreements that limit your future publishing options or expose you to hidden costs. Authors should treat publishing agreements as seriously as any other business contract.
Frequently Asked Questions
What is the difference between self-publishing and vanity publishing?
Self-publishing involves the author managing the publishing process, retaining control and rights. Vanity publishing typically requires the author to pay for publication, often with limited control and questionable services.
Are all hybrid publishers scams?
Not necessarily. Some hybrid publishers offer genuine value. However, always review contracts closely and assess whether the investment aligns with the services provided.
How can I verify the legitimacy of a publishing company?.
Research their history, check for reviews, ask author communities, check ASIC registrations and verify their registration with relevant industry bodies.
What should I look for in a publishing contract?
Key elements include clear terms on rights, royalties, termination clauses, and detailed descriptions of services provided.
Thinking of turning your book into an audiobook? Here’s how to negotiate audiobook rights in Australia and protect your audio content.
Can I get my rights back if I signed a bad contract?
It depends on the contract terms. In some cases, yes. A lawyer can assess whether the contract is legally enforceable or if there are grounds for termination under contract or consumer law.
Why is legal advice critical for authors before signing a publishing contract?
Publishing contracts are often filled with complex legal language that can be difficult to interpret. A publishing lawyer can:
Explain your rights and responsibilities so you fully understand what you’re agreeing to
Identify hidden or unfair clauses that could limit your control or income
Negotiate more balanced terms that better protect your interests
Assist with contract termination and help you recover your rights if the agreement turns out to be exploitative
Discover why a publishing agreement review is important before you sign anything.
