4. Access Copyright continues to pay publishers the income for works whose rights have reverted totally to the authors.
5. According to current legislation Access Copyright is now allowed to give an indemnity to educational institutions that are sued by writers not affiliated with Access Copyright, covering their legal expenses if an independent writer should sue them. However, the writer will not be able to charge what they believe their work is worth. They will be restricted to the paltry amount that Access Copyright is currently paying to writers. This means that AC arbitrarily decides for independent authors the value of their work.
6. Access Copyright rewards textbook companies who demand that authors relinquish their copyright to their work by paying them both the publisher and creator copyright payment. Academic authors often consider textbook authorship crucial to tenure. Thus academic authors are open to being pressured by publishers out of their copyright. In effect Access Copyright is encouraging textbook publishers to undermine copyright by demanding a creators’ total copyright, and doubling the publisher’s payment for this ugly practice.
7. Access Copyright, rather than paying out unassigned money to creators as a reward for affiliation, has created a grant foundation that makes awards to a very few writers with funds collected in everyone’s name. Why are the earnings of all writers being converted into grants to a few without our permission?
8. While publishers clearly profit from the current situation, it is actually not their fault. The problem is structural within Access Copyright — its constitution and the make-up of its board, and the anti-creator policies it has chosen to adopt over the years.
Brett concludes that he can no longer advocate for Access Copyright. Instead, he raises the prospect of a class action lawsuit by “writers against Access Copyright, which has been collecting our money in our names and yet failing to deliver that income equitably and transparently.”