 For Authors: January 29, 2013 Issue [#5490] |
  For Authors
This week: Who Has The Rights to Your Writes Edited by: Kate - Writing & Reading  
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A professional writer is an amateur who didn't quit.
Richard Bach
Welcome to Writing.Com For Authors.
I'm honored to be your guest host for this week's exploration.
Only one thing is impossible for God:
To find any sense in any copyright law on the planet.
Mark Twain |
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Question: Who owns the rights to your writing?
Answer: You do!
The moment you complete a story, poem, novel, article, copyright protection applies. (U.S. Copyright Law) You can file your work with the U.S. Copyright Office to gain additional rights, to pursue damages claims against those who would violate your rights and take either all of or parts of your work without asking, and without citing to you as the author.
Your rights to your work means also that You grant authority to publications (i.e., magaines, e-zines, etc.) to publish your work, and 'sell' them specific rights to do so. In exchange for money, or publication, you aver that you are the author (with or without a formally registered copyright), and give them permission to share your work with the public under their masthead.
There are a variety of term limits publications can use, and they should be clearly stated in their submission guidelines. If you are uncertain as to their terms, do write them. It's easy to send an email to the appropriate editor and ask them for clarification. I think it shows that you are interested in their publication, and they will likely answer. May even have an editor take a second look at your submission
Remember, however, that you assign only specific rights to publication, Not to the copyright of your work. If you do that, you're selling them your completed story, poem, book, and giving up ownership. That's akin to 'work for hire,' which means that you sell your work for a fixed fee, and the publisher is free to do with it as they will, as they now own it. You would have to ask them permission to use excerpts, just as if you were quoting from another author's work. This is rarely used by writers; excepting those who write technical manuals for their employers, or teachers who write lesson plans.
You may, however, without 'giving up' all rights to a publisher (I don't think many magazines and e-zines demand such assignment), assign some of your rights to a publisher in order to have them print your work (and hopefully pay you for it . Some of the most common forms are:
 Exclusive rights afford a publication the right to publish your work without it appearing elsewhere at the same time. This is not the same as 'all rights' as you still own the copyright, and the finished work. You're simply granting one publication rights to your work for a given length of time - three months, six months, or one year, for example. After the exclusivity period has ended, you are free to publish your work elsewhere.
First serial rights allow a magazine or newspaper to publish your work for the first time. This means you haven't published it elsewhere, including in a blog, or an online forum - yes, including our Community, if you make your work available to "all." If this right is limited by geography, it’s called “North American rights” or “North American first serial rights," for example. Publications generally specify a date range for first serial rights, a specific time they have the right to be the only ones using your work, i.e., exclusive use for one year, 90 days, six months. After this specific time limit, you may re-publish (although not as a new work, but as re-print).
Reprint rights formally assign the right to a publication to print your work a second time. These rights imply that first rights for the work have been sold.
Second serial rights or reprint rights allow a magazine, newspaper, or book to publish your work after it’s already appeared in a different magazine, newspaper, or book. You can offer reprint rights to other publications.
One time rights or simultaneous rights are nonexclusive rights. This type of copyright for freelance writers means that the magazine, newspaper or other publication can publish the work once. As the author, you can sell your article, book, or poem to other publications at the same time – but it’s good business etiquette to tell them that you’ve sold one time rights elsewhere. Else I think they may be less likely to consider subsequent submissions.
Electronic rights cover online magazines, websites, databases, CD-ROM magazine anthologies, interactive games – anything electronic or internet-based. If you only sell electronic rights, then you’re free to sell your writing to print markets. Currently, many print magazines have on-line presences as well, and will likely require electronic rights for a specified time as well, avoiding competition for the same work from other e-publictions.
There are more forms of rights you may assign, these are but the most commonly encountered by emerging writers. But remember, whatever rights you assign, you own the story, poem, article, book, and always have the right to decide what rights you allow a publication.
***
Resources: (in addition to picking an IP lawyer's brain)
"Poets & Writers"; U.S. Copyright Office website
Remember, your words are yours, Write On!!
Kate
Kate - Writing & Reading
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I invite you to enjoy some good reads by members of our Community. Be one of the first to read (and review. Remember, each owns the rights to their writes , as do you ~ let them know what you think of their work, and they may do likewise for you
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Thank you for sharing this exploration with me. Remember, we own our words as we express them, in print or online, So, go ahead, and
Write On
Kate
Kate - Writing & Reading
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