Another controversial provision in print book contracts is the clause that bars the author from publishing another work that the publisher thinks would directly compete with its edition. Some non-competition clauses are written so broadly that they could undermine an author's writing career. If non-competition clauses are going to be used at all for electronic books, they should be written as narrowly as possible, i.e. they should only bar the publication of another work on the exact same subject using the same materials, and for a specific time period that is essential for the success of the original work. In addition, such clauses should not inhibit the right of the author to publish the same material in formats the rights to which have not been granted to the publisher. The cost and time involved in filing a lawsuit often prevents print authors from challenging contract violations on the part of their publishers.
Arbitration helps to level the playing field by making cheaper and speedier justice possible.
Electronic publishers should acknowledge the fairness of arbitration and make it a standard feature of their contracts with authors. Although issues of pricing and affordability of books have not traditionally been addressed in print book contracts, these are matters that should be of concern to both writers and publishers in the electronic book industry. As electronic books begin to replace printed ones, discs should not be priced so high that they are affordable only to a small, relatively affluent portion of the population. As various forms of electronic publishing reduce the cost per unit of manufacturing and delivering book-length works, a share of those cost savings should be passed on to consumers in the form of lower prices. Electronic books, like their print counterparts, will become an essential component of civilization, so they should be as accessible as possible to everyone.