SFWA is panicking about “moral rights” in author contracts as their influence and publishing’s influence continue to fade. This is in response to Analog and Asimov’s new ownership putting a clause like this into their contracts, but it’s really not much for authors to worry about, as it’s been a standard practice for a long time.
“Moral Rights” sounds daunting by nature. A publisher trying to limit those, just because of the rhetoric of the term, sounds like it’s something horrendous and to be universally condemned, but in reality, it’s a standard practice that doesn’t impact authors very much who are selling their work.
The term comes from international copyright law originally in the Berne Convention, where it states in provisions, “Independently of the author’s economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.”
Despite the intimidating terminology, moral rights waivers in publishing contracts represent a standard business practice rather than a predatory power grab. Breaking it down in Layman’s terms, moral rights grant authors two fundamental protections: the right to be credited as the work's creator (paternity) and the right to prevent modifications that could harm their reputation (integrity). While these sound like essential protections the reality is that most publishing relationships function smoothly without authors needing to invoke these rights, and publishers' requests for waivers stem from legitimate operational needs rather than malicious intent.
The business rationale behind moral rights waivers is straightforward and practical. Publishers regularly need to adapt works for different formats, markets, and distribution channels—think audiobook versions, foreign translations, or film adaptations. Many publishing contracts in Canada now contain a standard moral right waiver, reflecting how commonplace these clauses have become in the industry. Without waivers, publishers would need to seek author approval for every minor edit, font change, or marketing decision, creating costly delays and legal uncertainties. Publishers also license works to third parties, and moral rights can complicate these deals if authors object to how their work is presented or used. Rather than attempting to circumvent author interests, these waivers allow publishers to operate efficiently while bringing works to market in ways that ultimately benefit both parties.
The practical impact of moral rights waivers varies significantly by jurisdiction, and authors often retain more protection than they realize. In the United States, moral rights are already quite limited, applying mainly to visual arts, so waivers primarily serve to prevent ambiguity rather than strip away meaningful protections. In countries with stronger moral rights traditions like France or Germany, some rights cannot be fully waived and authors can negotiate partial waivers that preserve key protections while still allowing publishers operational flexibility. The key is understanding that moral rights waivers are typically one clause among many in a contract, and authors maintain numerous other protections through copyright law, contract terms, and professional relationships with their publishers. Rather than viewing these clauses as threats, authors should see them as opportunities to have informed discussions with publishers about expectations and to negotiate terms that work for both parties.
The reason this came to SFWA’s attention is that Analog and Asimov’s short fiction magazines were recently bought by an investment group that updated their contracts to have such a provision to protect themselves. As magazine sales currently dwindle, they are probably looking to move more into audio productions or premium editions of some of their content and want to protect themselves as publishers.
David Anaxagoras, a serial short fiction writer whose own bio states, “I write stories where weird things happen to good kids,” sounded the alarm on BlueSky in order to try to provoke panic among the science fiction publishing establishment. He brought context to a piece written on the SFWA blog where they were coy about why they were writing about the topic.
He posted, “Apparently the SFWA won't name names but I will: ANALOG. The new contract under Must Read Magazines includes a moral rights waiver. And they are rather insistent about it. I'm guessing this applies to all the digests under MRM now, though I haven't seen those contracts. DON'T JUST SIGN. NEGOTIATE.”
C.L. Polk, another SFWA writer, added to the panic, “I’m just not gonna bother sending them anything. 8 cents a word ain’t worth that.”
While 8 cents a word isn’t really worth submitting anywhere for short fiction given the time invested, these writers still act like the credentialism from being published in these magazines is of paramount importance to them. Still, in this case, the company doesn’t appear to be doing anything wrong or even unstandard in their practices for their contracts.
Anaxagoras still continued as if trying to start a revolution, “Right? Though, those who submit and manage to get accepted are in a position to demand change. Imagine if the publisher kept losing writers they accepted over that clause...But it's a lot to go through for a six month response time, no simsubs, and no guarantee they'll bend.”
While these authors are talking a big game, the reality is that magazines like Asimov’s and Analog get thousands of submissions per month and are already overly inundated by too much on their plates. Since it’s very difficult for magazines to make a profit, they’re going to need additional revenue streams that are transformative, even to pay that 8-cents-per-word, because at around 60,000 words per magazine, it still will cost around $5,000 just to pay for the prose before paying the staff. As Analog costs about $10/issue for a subscription, and the print costs are probably around $1/issue, they are only bringing in about $9/issue. With editorial costs of at least $2,000 per month, art costing another $2,000 or more, and miscellaneous expenses, Analog requires around 1,100 issues to be sold just to break even, and that’s being generous for their expenses. In the current markets, only a few thousand issues are sold even across distribution at bookstores and the like.
For a publisher to stay in business under those conditions they will need additional print rights, and while it may not be worth it for a lot of authors because you don’t get a lot out of it, if authors value the short fiction market at all, they need to stop pretending there’s a moral crisis and try to do what they can to ensure their survival. Without additional models, these magazines will simply cease to exist.
What do you think of SFWA sounding the alarm about Analog and Asimov’s contracts? Leave a comment and let us know.
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