2 replies to this topic

[David Medeiros]

I just received a general contributor contract to sign for a magazine I do work for and would like some input on the right's section language (##### replaces the magazine name):

You agree that ##### shall have the following rights to the cartography we publish: (i) first-time world serial rights; (ii) the non-exclusive right to reproduce the map on ##### website, on CD, DVD, and any other similar system now in existence or hereafter de-veloped; (iii) exclusive periodical resale rights in North America for six months from publication in #####, the proceeds of which will be shared equally between you and #####; (iv) non-exclusive rights to republish the work in any anthology or other collection of ##### material, for a reuse fee to be negotiated; (v) the right to use the work to pro-mote and publicize #####, including the right to use your name, photograph, and relevant biographical information in such promotions.

Under United States copyright law, you will retain the copyright for the work, subject to the rights you have granted #####. ##### will include a copyright notice in its name on the issue or issues in which the work appears. You shall retain all rights to your work other than those conveyed herein.

The work so far has been relatively small though complex to create. No real secondary uses for me so I don't see any issue with not having a lot of control over the work but I would like to be sure that if they use it to make money outside of the magazine printing itself, I see at least some of that. I also want to retain the rights to use the work for self promotion, work samples and design contests etc.

What can those of you familiar with contract language tell me about the practical realities of signing this contract as is?

[Melita Kennedy]

I just received a general contributor contract to sign for a magazine I do work for and would like some input on the right's section language (##### replaces the magazine name):

You agree that ##### shall have the following rights to the cartography we publish: (i) first-time world serial rights; (ii) the non-exclusive right to reproduce the map on ##### website, on CD, DVD, and any other similar system now in existence or hereafter de-veloped; (iii) exclusive periodical resale rights in North America for six months from publication in #####, the proceeds of which will be shared equally between you and #####; (iv) non-exclusive rights to republish the work in any anthology or other collection of ##### material, for a reuse fee to be negotiated; (v) the right to use the work to pro-mote and publicize #####, including the right to use your name, photograph, and relevant biographical information in such promotions.

Under United States copyright law, you will retain the copyright for the work, subject to the rights you have granted #####. ##### will include a copyright notice in its name on the issue or issues in which the work appears. You shall retain all rights to your work other than those conveyed herein.

The work so far has been relatively small though complex to create. No real secondary uses for me so I don't see any issue with not having a lot of control over the work but I would like to be sure that if they use it to make money outside of the magazine printing itself, I see at least some of that. I also want to retain the rights to use the work for self promotion, work samples and design contests etc.

What can those of you familiar with contract language tell me about the practical realities of signing this contract as is?

I am definitely not a lawyer, but to me (ii) and (iv) appear to be in conflict. (ii) seems to say that they can place the work onto any type of electronic storage device with no further renumeration to use. At least I assume in (iv) that by anthology/collection, they mean a published-on-paper work. What if they do a DVD-based anthology? Does that fall under (ii) or (iv)? I personally feel that (ii) should have a time restriction or further explanation.

I think I can see the intent--(i) is to publish in a serial, (ii) is to place it, in a sense, still in the context of the serial (issue) onto their website, perhaps later onto a DVD collection of the serial, and (iii) is a time limit on selling the work [that was published in the serial]. (iv) if we take it out of the original context and into another publication, that requires another fee.

Here's page that talks about some of this: http://www.writing-w...copyright.shtml

Basically, any site discussing short story rights may apply to your situation.

Melita

[Dennis McClendon]

I don't see any real red flags. They seem to just be using their standard article/story contract (serial rights to a map?). It seems unlikely that they would sell it to anyone else, except for a reprint situation such as Reader's Digest, and you'd presumably get half of that. No problem with using it for your own promotion or even selling it to another magazine a year from now.

I have on my desk a standard movie industry contract, which specifies use "in the Picture and any allied, ancillary or derivative productions in all media and formats now known or hereafter devised throughout the Universe in perpetuity." Now that's covering all the bases.