Here we go again. I was asked to sign a contract for an essay I have written, which is scheduled to appear in an edited collection. Let’s leave aside the fact that I wrote the essay — it was solicited for this collection — in summer 2010, and yet it will not appear in print until 2013. I think that the glacial pace of academic publishing is a real problem. But that is not what is bothering me at the moment. The contract that I was asked to sign, so that my essay could appear in an edited volume published by Oxford University Press, contained the following clause:
WORK-FOR-HIRE. The Contributor acknowledges that the Publisher has commissioned the Contribution as a work-for-hire, that the Publisher will be deemed the author of the Contributior as employer-for-hire, and that the copyright in the Contribution will belong to the Publisher during the initial and any renewal or extended period(s) of copyright. To the extent, for any reason, that the Contribution or any portion thereof does not qualify or otherwise fails to be a work-for-hire, theContributor hereby assigns to the Publisher whatever right, title and interest the Contributor would otherwise have in the Contribution throughout the world.
I am unwilling to sign the Contributor’s Agreement for my submission to the Oxford Handbook of New Audiovisual Aesthetics as it is currently worded. In particular, I find section 2, defining my contribution as work-for-hire, completely objectionable. I entirely reject the notion that original academic work of this sort can be defined as work-for-hire. I think that this is demeaning to academic scholarship and disrespectful of intellectual labor.
Section 2 of the contract further stipulates that even if “the Contribution or any portion thereof does not qualify or otherwise fails to be a work-for-hire, the Contributor hereby assigns to the Publisher whatever right, title and interest the Contributor would otherwise have in the Contribution throughout the world.” I find this objectionable as well. Even if my contribution to the volume is exempted from being considered work-for-hire, I am unwilling to sign over my own rights to the publisher in this unlimited way. In particular, I insist upon retaining, among other rights, the right to make my contribution available for download on my own website and the right to include this contribution at some later date as part of a self-authored publication.