NightWrath:

If a story of yours is accepted by a small press magazine, chances are you won't have to fill out any forms or sign anything. The journal will simply let you know they've accepted your story. You should then send an e-mail back to them confirming that you agree to allow them to publish your piece.

As an independent publisher myself, that's the truest, most sound advice in this thread -- which is good, as it brings us back to this site's focus -- which is the small press. Depending on the scale of the job, a small press often proceeds on a handshake and the tacit understanding that author and press will work on each other's behalf for their mutual benefit.

A mid-sized small press laid out their 'contract' for me recently, which involved no paperwork, just the verbal promise of full artistic control over the book's design and contents; a publication run of 500 copies, third-fourths of which were held by the press and one-fourth of which were given to the author, who can sell them if desired.

They included a small stipend, as well.

Welcome, RRM to the site and for steering this thread back on course! Much appreciated!

thank you for your postings. you guys might of already answer this quesion but.

If I sumit a novel to a publisher. Am I giving away rights to them or should I still be owning the rights?

NightWrath:

You own the rights to your novel unless you explicitly assign them (in a contract) to the publisher. The publisher may ask for North American rights, worldwide rights, etc. In addition, there are "secondary" rights which cover venues like book club rights, theatrical rights, excerpt rights, etc. If you sign with a major publisher, they'll probably want some control over most of your rights. If you sign with a small press publisher, they generally are more willing to negotiate with you over rights. You may be required to give them exclusive publishing rights for a set period of time (say, 3-5 years). This is entirely reasonable, because the small press publisher is making a financial investment in your work, and has the right to expect a return on the risk they're taking.

RRM

For an excellent explanation of the law and your rights, check The Writer's Legal Guide: An Authors Guild Desk Reference (Allworth Press, 2002) out of your library.

You may also look for information from the Authors Guild, the National Writers Union (US), or a local chapter of Volunteer Lawyers for the Arts.

In addition, The Practical Writer (Penguin, 2004), which was edited by the staff of Poets & Writers Magazine, includes an excellent essay about negotiating your first book contract that can help you understand the business of granting rights to publishers.

Once again, however, when dealing with a small or independent press, be prepared to do things a bit differently. A good small press publisher, realizing you are a first-time author, will walk you through the process. I have, anyway, in the past with authors unfamiliar with the process.

I don’t mean to be annoying with my questions. When you mention those self-publish business, like iUniverse, AuthorHouse and Xlibirs made me think of another question.

What are the differents between Publishing and Self-Publishing?

Chandra Clarke (who is a member of the Small Press Exchange, by the way) has a pretty interesting article on the differences. So I'll defer to her. She breaks down the comparison into three fundamental differences: Time, Money and Control.

She goes on to write:

Having looked at the pros and cons of traditional publishing versus self-publishing, you'll need to ask yourself some tough questions about what is best for you, your personality, and your manu_script_. Do you want the 'third party recognition' implied by traditional publishing, bearing in mind that self-publishing companies produce books for anyone who can pay them? Or is control over your work and quick turnaround important to you?

Source: Scriebndi

Anyway, check out her article—and her services (I have never used them myself). Scribendi's site is pretty informative, though.

If you are thinking of going the do-it-yourself route, you're going to want to check out No Media Kings. Best website on the topic ever.

And then head over to the DIY Publishing Blog. It's awesome. Here's an excerpt:

If you're interested in DIY publishing, the attendant "legitimacy issue," or the idea that the poet who writes and the poet who publishes are two distinct creatures (or sides of the same creature), go visit Simon, who looks at the psychology of self-publishing here. Jessica responds here, & then the conversation continues between J, Simon, Ian & myself (long-windedly!). (There's a slight stutter in the stream where comments crossed while waiting to be moderated.)

Source: The DIY Publishing Blog.

Anyway, hit me up with any further questions. I work as a small press publisher, too, so I can provide some practical solutions to further questions or problems.