By Susan Spann
Today, we continue our ongoing series on writing for anthologies with a look at copyright clauses in anthology contracts.
Anthology writing differs from other forms of publication, and though the contracts often look similar, authors need to be aware of the critical differences between anthology contracts and those which govern publication of single-author (or even two-author collaborative) book or novella-length fiction.
Anthology contracts should contain at least two clear statements of copyright:
1. A declaration that copyright in the author's work remains the sole property of the contributing author; and
2. A declaration that the copyright in the anthology "as a collective work" belongs to the anthology publisher.
Let's look at each one in more detail:
1. The Author's Retention of Copyright.
The anthology contract should contain the following statement (or something substantially similar): "Author is the sole copyright owner of the Work, and retains all rights to the Work except for those expressly granted to [Anthology Publisher] in this Agreement."
This ensures that the author owns the story, even after its publication in the anthology. Elsewhere, the contract should also address any limitations on the author's right to publish the story elsewhere (tune in next month for more details on that issue). However, the contract needs to contain a clear statement of copyright ownership -- which declares that the contributing author remains the sole owner of the copyright in the story.
2. Anthology Copyright in the Publisher.
The anthology contract will probably also contain a statement similar to the following: "To the extent a separate copyright attaches to the Anthology as a collective work, [Anthology Publisher] is the copyright owner of any such copyright on the Anthology as a collective work."
The reason for this second clause is to ensure that no one else can infringe the publisher's copyright by reproducing or publishing "pirated" (i.e., infringing) copies of the anthology without permission. A statement of the publisher's ownership in the collective work gives the publisher the sole right to produce that collective work. The copyright in the work as a collective work is not the same thing as the copyright on the individual stories, however, and you should never give the anthology publisher ownership of your copyright in your work.
To repeat: The publisher doesn't need your copyright to publish your work as part of an anthology or other collective work.
You may ask the publisher to add: "provided that no collective work copyright will limit or prevent Author's rights to exploit, publish, and profit from the Work separately from or in addition to the Anthology except to the limited extent provided in this Agreement." That language isn't absolutely required, but it's something authors might ask for if there's any ambiguity in the contract with regard to copyright. (It's also something to ask for if you don't know the publisher well.)
A Word About Copyright Registration
Publishers often want to register copyright on an anthology as a collective work. That's OK, as long as the registration is clear that you, the author, own the copyright in your contribution. Make sure the contract is clear about the manner in which copyright may (and may not) be registered, and states that:
(a) The publisher will include an appropriate notice on the verso page (commonly known as the "copyright page") of the anthology, properly identifying the contributors as the owners of the copyrighted material contained in the work; and
(b) If the publisher registers copyright with the U.S. Copyright Office, that registration will cover the collective work only, and will acknowledge the author(s) as the copyright owner(s) of the contributed works.
A little attention to detail can help protect your copyrights and ensure a more successful anthology experience.
Have you contributed an an anthology? Did you notice the copyright language in the contract?
Susan Spann is a California transactional attorney whose practice focuses on publishing law and business. She also writes the Shinobi Mysteries, featuring ninja detective Hiro Hattori and his Portuguese Jesuit sidekick, Father Mateo. Her debut novel, CLAWS OF THE CAT (Minotaur Books, 2013), was a Library Journal Mystery Debut of the Month and a finalist for the Silver Falchion Award for Best First Novel. BLADE OF THE SAMURAI (Shinobi Mystery #2), released on July 15, 2014. When not writing or practicing law, Susan raises seahorses and rare corals in her marine aquarium.You can find her online at her website (http://www.SusanSpann.com), on Facebook and on Twitter (@SusanSpann), where she founded and curates the #PubLaw hashtag.