I was asked to contribute a piece to a small-press anthology. I was swamped at the time, but I put my other work aside gladly because it seemed like a project I could explore, and because I have a deep respect for the editor who asked me. We did not discuss rights or anything at the time.

Then I saw what the publisher wanted me to sign. There are times and reasons to give up such rights, but not for this. Writers are in the business of producing work–to be asked to simply give away virtually all rights to what we’ve created–there had better be a compelling reason. Money, royalties, obviously. Opportunity to publish with a major press, exposure, maybe. Charity or special situations, for sure. But just because one asks for it? And the press (or any employee or representative) can edit, cut it, own it, copyright it, or reprint it with or without my name?

“By signing this form I acknowledge the following:
I understand that my entry will become property of _____ Press and may be edited for length or clarity. I grant to ______ Press, its representatives and employees the right to use my entry in connection with the above-identified subject. I authorize _______ Press, its assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that _______ Press may use my entry with or without my name and for any lawful purpose, including, for example, such purposes as publicity, illustration, advertising and web content. I have read and understand the above. In return for assigning these rights to ________ I will receive one (1) copy of___________, mailed to me upon publication.”

On the other hand, I would be thrilled to share my work. So I modified the agreement to:

“By signing this form I acknowledge the following:

I grant first-publication, and continuing non-exclusive, print and electronic rights of this essay to____ Press. I grant to ____ Press, its representatives and employees the right to use my entry in connection with the above-identified subject. I agree that ______ Press may use my entry with my name and for any lawful purpose, including, for example, such purposes as publicity, illustration, advertising and web content. I have read and understand the above. In return for assigning these rights to _____ Press, I will receive one (1) copy of _______ mailed to me upon publication.”

And the publisher agreed, understood, and thanked me. I am happy for the quick agreement, but I shudder to think what would have happened if I had not been careful.

Again, in some cases, one must sign away rights. A big press may ask for rights. But a big press will also discuss advances and royalties, and not just offer a copy of a book. Signing over full rights and ownership to intellectual property is a not and should not be an automatic expectation, especially when there are now so many small presses out there that do respect a more equitable and collaborative arrangement with writers.