SFWA Provides Must Read with Notes and Model Language for Analog, Asimov’s, and F&SF Contracts
The Story to Date
On July 14, we updated our community on an ongoing matter involving Must Read, the new owner and publisher of Analog, Asimov’s, and F&SF, among others. We explained that an initial intention to de-list Analog from our Market Report over contract concerns was stayed by Must Read’s agreement to drop their moral rights clause, and to work more proactively with writers to resolve contract issues.
We expressed that we were looking forward to reviewing the new intended language, though Analog would remain flagged on our listings while we waited to see how those changes would be reflected in their new boilerplate contract.
Since then, we have worked with our legal counsel to detail specific areas of concerns to Must Read, with a particular focus on 1) moral rights, 2) merchandising rights, and 3) author’s termination and rights reversion. While SFWA cannot negotiate with publishers, we can offer resources and model best practices for publishers as they work with authors.
WIth that in mind, today we offered Must Read notes and sample contract language to consider in those three main areas.
Moral Rights
As Victoria Strauss of Writer Beware® recently explained, “[T]here are two main reasons why publishers and others might want to demand a [moral rights] waiver: they may wish to ensure that they and their affiliates and licensees don’t have to identify the author every time the work is reprinted or adapted (especially where the contract grants multiple subsidiary rights); and they may want the ability to make changes or adaptations without having to seek permission or deal with the possibility that the author might object.”
Practically, this means that the author loses control over their work and sometimes loses attribution of their work, among other impacts. We shared our concerns around moral rights waivers, and the associated contract language around these waivers, with Must Read.
Merchandising Rights
We also sent along notes regarding merchandising rights. In the magazine market, merchandising clauses are often an overextension. Many magazine publishers do not actively exercise those rights. Given the current market, we recommend that merchandising clauses not be included unless the publisher is actively exercising those rights. A publisher with a track record of actively exercising merchandising rights might include an optional checkbox for writers to sign on a case-by-case basis.
Author’s Termination and Rights Reversion
When the Contracts Committee met last week, they were particularly concerned around issues of termination and rights reversion, which too heavily favored the publisher in the sample contracts we reviewed. The sample language we sent to Must Read detailed what happens when a publisher fails to publish a work, what royalties are received by the author, and what redress the author has around breach of contract.
This topic is essential in any contract you sign:
Writers need to know what happens if their contract terms are violated.
If in doubt, send your contract to contracts@sfwa.org for review.
What’s Next?
Our Contracts Committee continues to receive contracts from Must Read and other publishers. We know contract negotiations are underway for many authors. We hope the new boilerplate language in Must Read and in other contracts will incorporate our primary suggestions: removing moral rights waivers and merchandising clauses, and solidifying termination terms.
Solutions to a problem of broken trust in our industry can take time to emerge in full. SFWA’s aim in ongoing discussions with our community, from writers affected by contract issues to publishers navigating their own financial and distribution pressures in a difficult production environment, is to develop a more robust and unified community for the creation of speculative work.
Editor Sheila Williams of Asimov’s writes: “At Asimov’s, we cherish our working relationship with authors and with SFWA. We look forward to continuing these transparent and respectful relationships going forward.”
In addition, The Magazine of Fantasy & Science Fiction communicated that they deeply value their authors, and believe Must Read Magazines is committed to building a “transparent and equitable environment for creators.”
“Contract negotiations are a difficult but natural part of the business,” says Editor Trevor Quachri of Analog, “So I’m glad that our authors both advocated for their creative rights and gave Must Read the opportunity to recalibrate how they’ve asked for what we need. I’m looking forward to a swift resolution now that the moral rights waiver has been removed so we can get back to focusing on the business of publishing great fiction at Analog.”
What Can You Do?
One of the best ways to protect writers is to stay informed. That’s why, sixty years ago, SFWA founder Damon Knight used a modest mailout to start sharing important information about rights reversion clauses and other contract need-to-knows with dozens of early members.
Sixty years on, SFWA’s core work of writer education continues in pieces like “Moral Rights: What Writers Need to Know” and April’s warning about merchandising clauses.
For the last twenty-seven years, SFWA’s tools have also included the work of Writer Beware®, where you will soon find an article about authors’ recent contract experiences with Must Read, among other in-depth essays that serve to caution and educate around industry concerns.
Writer education, advocacy, and defense are team efforts, and the work can evoke powerful convictions because we all care about our community. This is our gift and strength in SFF publishing. With our passion and commitment, we set high standards for other creators, too.
To everyone who shares knowledge with fellow writers, asks questions when something seems amiss, and unites in the hard work of advocacy for better industry conditions:
Thank you.
We are stronger together, and together, the work goes on.
Sincerely,
Kate Ristau
SFWA President