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Mary Rosenblum
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Hello all!
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Mary Rosenblum
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Welcome to our Friday After
Hours
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Mary Rosenblum
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It is fall. When did this
happen?
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Mary Rosenblum
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Anyway, I hope you're enjoying
this change of seasons, and I hope you're all keeping track of your
submissions for our Most Persistent Writer Award next September.
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Mary Rosenblum
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I had so many good questions
about rights a couple of weeks ago that I knew I had to come back to this
topic again.
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Mary Rosenblum
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So this time I want to broaden
the subject a bit and we can talk about contracts and agents as well as
basic rights.
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Mary Rosenblum
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With the proliferation of
small publishers, I'm seeing a proliferation of REALLY AWFUL contracts.
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Mary Rosenblum
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And while that may not be a
big issue if you write something and it's never going to be sold anywhere
else, a significant part of
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Mary Rosenblum
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your income as a professional
writer comes from reprint sales.
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Mary Rosenblum
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So you want to make sure you
don't compromise that potential.
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Mary Rosenblum
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Rights can be very specific.
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Mary Rosenblum
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If you sell North American
serial rights, you can sell that same article or story to a UK publisher or a
publisher who will translate it into another langauge, right now.
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Mary Rosenblum
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You're selling First European
Rights, and First Foreign Language rights.
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charie'
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What's the difference between
rights and serial rights?
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Mary Rosenblum
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Serial rights specifically
refer to a magazine sale.
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Mary Rosenblum
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Many publishers just use
'rights' without the serial attached.
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Mary Rosenblum
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Serial rights is the right to
publish in a magazine.
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Mary Rosenblum
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Anthology rights is the right
to publish the work in a collection of other like works.
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Mary Rosenblum
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Novel rights...right to
publish the story as a novel.
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Mary Rosenblum
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Foreign language rights or
more specifically, French language rights, German language rights...
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Mary Rosenblum
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right to publish this story in
this language.
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Mary Rosenblum
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Reprint rights or Second
Rights is the right to republish a story that has been published already.
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Mary Rosenblum
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I sell a lot of my short
stories multiple times.
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Mary Rosenblum
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So if you publish a story, you
can conceivably sell First NA Serial rights (it is published in a
magazine),
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Mary Rosenblum
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Anthology rights (it comes out
next in a collection of stories in a book form)
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Mary Rosenblum
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Second rights...you sell the
story to two or three small press magazines that want it,
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Mary Rosenblum
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Foreign language rights ...you
sell it to a French magazine and a Russian magazine.
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tory
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Those SS that you sell multiple times--are
they all sold as Preprint rights?" That doesn't just mean 2nd time,
but you can do that same right over and over?
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Mary Rosenblum
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They're not, Tory. They're
sold as I described above.
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Mary Rosenblum
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I haven't run into 'preprint' rights
and I would be certain you fully understand what is begin included there.
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Mary Rosenblum
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Did you mean to type reprint
rights?
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Mary Rosenblum
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That's the same as second
rights.
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gschettino
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Is an article worth anything if
you already published on line.
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Mary Rosenblum
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It depends, gschetting. If it
isn't widely available and an editor wants that article, you can sell
reprint or second rights.
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Mary Rosenblum
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If it's availble at the click
of google, probably not.
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tory
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Yes, typo, Mary. Should be
reprint.
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Mary Rosenblum
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Oh okay. Yes, that's just
another way of saying 'second rights'.
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geezer
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How long does the market keep
the rights before it reverts to the author?
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Mary Rosenblum
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That depends. You need to read
your contract.
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Mary Rosenblum
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Most publishers who buy first
rights restrict your use of the rights to some degree.
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Mary Rosenblum
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They don't want you
republishing that piece while their piece is still in the marketplace.
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Mary Rosenblum
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For a magazine piece, it's
usually six months after publication. That issue is long gone by then.
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Mary Rosenblum
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For a book, it's usually
limited until the book is officially out of print...and that can bite you
in some small press houses.
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Mary Rosenblum
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And you want to pay attention
to two words.
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Mary Rosenblum
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Exclusive.
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Mary Rosenblum
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Non exclusive.
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Mary Rosenblum
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If you sell exclusive reprint
or second rights, you cannot publish that story in another form until the
rights revert to you.
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Mary Rosenblum
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Most reprint rights purchased
are nonexclusive.
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Mary Rosenblum
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I had a story in two 'best of
the year' anthologies at the same time last year.
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Mary Rosenblum
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And I often have the same
story in more than one anthology at a time.
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Mary Rosenblum
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Because the rights are
nonexclusive I can do that.
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megger
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Hi Mary. You may have already
mentioned this, but what are the time parameters of these 'rights?' Are any
perpetual?
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Mary Rosenblum
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Some are, megger, and that's
why you need to read the contract.
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Mary Rosenblum
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If the purchaser buys
exclusive first rights and plans to keep the piece on the website forever,
you're done with that story.
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seigfried007
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if a SS or article is pulished
very briefly on a forum or MySpace before deletion, can it still be sold
for 1st rights?
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Mary Rosenblum
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No Seig. That's public space
so that is published.
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gail
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Does posting an article in
"public" blog form constitute publishing?
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Mary Rosenblum
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Yep.
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Mary Rosenblum
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Remember that information proliferates
all over the internet and not entirely legally. Your piece, even if you
delete it form your blogspace, can show up with a simple google search for
years after,
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Mary Rosenblum
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archived on all kinds of other
web spaces.
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gail
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How about "private" blog
form? Published or not?
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Mary Rosenblum
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If a critique space or a forum
is passworded and not open to the public, like Speck's Storycrafters, you
are not publishing there.
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Mary Rosenblum
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That's like handing your work
to your writers group.
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quixote
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how does that (out of print)
apply to 'Print on Demmand'?
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Mary Rosenblum
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Ah, Quixote, you have put your
finger on a good one there!
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Mary Rosenblum
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It does not unless your
contract includes it.
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Mary Rosenblum
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If the POD house has it
available it is in print.
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Mary Rosenblum
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Good POD contracts include a
renegotiation window, maybe two years after publication, where you can opt
to reposess your book.
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Mary Rosenblum
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Make sure that is in your contract.
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Mary Rosenblum
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If you are self publishing
this is not a concern. :-)
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maria-theresa
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being optimistic here, what
would you call the rights to audiobooks, tv shows, etc
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Mary Rosenblum
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Audiobook rights, book club
rights, video rights, movie rights. Watch out for contracts clauses that
assign 'all other media rights' to the publisher.
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Mary Rosenblum
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That includes movies and so
on.
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Mary Rosenblum
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Movie options are typically
several thousand dollars.
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Mary Rosenblum
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If the movie gets made it is a
LOT more
money.
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jasond
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can you sell second or foreign
rights before your first rights has been published?
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Mary Rosenblum
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You can sell foreign rights, jasond.
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Mary Rosenblum
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You can't sell second rights
before first, and why would you? First rights pay a LOT more.
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jasond
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Do you submit to an anthology
like you would a magazine or do you have to be invited?
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Mary Rosenblum
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Depends on the anthology jasond.
Many are invite only. Others get a bunch of pros as the 'backbone' and then
open the anthology for submissions in order to fill out the book.
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charie'
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Is it better to have a definite
date in the contract, versus 6 months or a year from publication? (Which is
vague.)
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Mary Rosenblum
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You can almost never get a
concrete date, charie. Many things can delay publishing. It's going to be
six months from publication or something like that.
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megger
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So end dates of rights are
included in contracts then?
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Mary Rosenblum
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No. They SHOULD be. They ARE
included in the contracts of reputable well established publishers.
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Mary Rosenblum
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But remember....publishing is
cheap and easy now.
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Mary Rosenblum
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You have a lot of people who
don't really know what they're doing writing contracts and some who DO know
what they're doing.
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rslnwife
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it sounds like we will need to
do some negotiating...how ?
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Mary Rosenblum
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You can change a contract.
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Mary Rosenblum
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YOu have to have an idea of
what is negotiable and what is not.
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Mary Rosenblum
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If you demand your rights back
six months from the date you sign the contract, you'll get a no thanks, go
away.
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Mary Rosenblum
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But if you say six months or
one year after publication, the publisher should go along with that.
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Mary Rosenblum
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And some won't.
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Mary Rosenblum
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The ones who are least
negotiable are the little publishers who don't pay much but they want all
rights.
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Mary Rosenblum
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They are pretty nonselective,
so if you don't want to sign their contract, lots of others do.
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Mary Rosenblum
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Then you decide.
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barbiq
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If your work is published in an
anthology that does not pay you and you retain all rights, if you publish
the piece in another form is it first rights or reprint?
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Mary Rosenblum
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It's a reprint. You can
publish for free and it's still published.
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Mary Rosenblum
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Published simply means that
your work appears in public space.
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Mary Rosenblum
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On a public website, in a blog,
in a magazine, in a book.
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andi
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that means not using the
character to write the story another way, mary
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Mary Rosenblum
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If you write a story with a
great detective in it and you sell all rights and it becomes the new
Sherlock Holmes you do not own that character.
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Mary Rosenblum
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The publisher does. No, you
can't use that character again without permission.
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Mary Rosenblum
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THAT is the danger of all
rights if you're writing fiction.
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Mary Rosenblum
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Same thing with your universe.
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Mary Rosenblum
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If you create a very
distinctive universe and sell all rights to the book, you no longer can set
stories in that universe.
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gskearney
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Can you link to such a website
article or another perpetually published article and can you use such a
link as a publication credit? --gk
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Mary Rosenblum
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Sure. Published is a credit.
It can be on a website.
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Mary Rosenblum
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I keep telling people that
work published on the LR website is a clip. Use it.
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tory
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Is it typical for book
publishers to want media rights? I saw a book proposal where the author
reserved ALL media rights. A problem?
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Mary Rosenblum
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That's a typical '
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Mary Rosenblum
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boiler plate contract, tory.
YES it's a problem!
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Mary Rosenblum
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You are going to cry buckets if
that book gets made into a blockbuster movie and you get not a dime.
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Mary Rosenblum
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Oh, I misread..the author
reserved all media rights.
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Mary Rosenblum
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That's what you want.
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Mary Rosenblum
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My agent will never give up
media rights. I have them all.
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Mary Rosenblum
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I get the occasional option,
too. No blockbuster so far, sigh.
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gail
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Are you wary of publishers who
do not disclose the rights they expect to purchase?
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Mary Rosenblum
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Well, sure. Why don't they
disclose 'em? You're going to have to read the contract before you sign
anyway.
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geezer
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Methinks we need lawyers. Can we
find good ones anywhere, off hand?
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Mary Rosenblum
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You do need an agent if you
deal with a big NY publisher. Don't do anything else. This is what agents
do for a living.
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Mary Rosenblum
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You can find contract help on
the internet.
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Mary Rosenblum
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But a lawyer who is not
familiar with the publishing world isn't going to be much help.
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Mary Rosenblum
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He/she won't understand the
issues.
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Mary Rosenblum
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the SFWA website has good
sample contracts on display in public space.
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Mary Rosenblum
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http://www.sfwa.org/contracts/elec.htm
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Mary Rosenblum
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Read the back issues of
Contracts WAtch for warnings and examples of problem contracts.
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Mary Rosenblum
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http://www.asja.org/cw/cw.php
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Mary Rosenblum
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And of course, always check
every single agent/publisher/contest with Preditors and Editors.
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Mary Rosenblum
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If it's a scam, it'll be
there.
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Mary Rosenblum
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http://www.longridgewritersgroup.com/rx/wc08/predators_and_editors.shtml
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charie'
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What is the pay scale ratio from
1st rights to 2nd? 3-to-1? More?
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Mary Rosenblum
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Or more than that most of the
time charie.
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Mary Rosenblum
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Four to one or more.
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Mary Rosenblum
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The main money is in the first
rights.
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Mary Rosenblum
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That's why you don't want to
squander it.
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charie'
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How do you "demand"
your rights back? Write a letter reminding them that the time is up?
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Mary Rosenblum
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Yes. And send it registered
mail so that you have legal proof they got it.
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Mary Rosenblum
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That's standard practice. I
get my book rights back with the book has been out of print for six months.
But I have to send the publisher a letter formally claiming the rights. My
agent does that for me.
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Mary Rosenblum
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But you can do it yourself.
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megger
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So Mary, those poetry contests
that might have brought us all to Long Ridge, like me, might be a scam and
there was no contract signed, are there any rights involved there?
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Mary Rosenblum
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Yeah, those poetry contests
are mostly about selling the expensive books to the winners and their
families, and the only rigths you have compromised here are first rights.
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Mary Rosenblum
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Since no contract was signed,
they can't officially use your work in any other way, but you could have
signed a contract without realizing it if you didn't read all the fine
print.
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Mary Rosenblum
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Years ago, Fantasy and SF
Magazine, one of the top SF markets, had no formal contract. You got a
letter and a check. The letter said 'if you cash this check you are selling
first NA rights'.
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Mary Rosenblum
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Period.
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Mary Rosenblum
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Now, Gordon has a standard
contract. That wasn't his doing! It was the previous publisher.
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rslnwife
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what about pieces from the
universe? troll vs. hippogriff...
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Mary Rosenblum
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You're asking about if you
have sold all rights to a book, right? Well, if the creatures of the
universe are unique to that universe you can't use 'em. But trolls are
hardly unique.
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Mary Rosenblum
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They're in half the fantasy
books out there. :-) A particular troll with a name and personality is a
character and that's gone if you sell all rights.
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tory
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How can you preserve the right
to those characters even if you publish with a different pub. or format?
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Mary Rosenblum
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That's a copyright issue,
Tory.
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Mary Rosenblum
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I have allowed other authors
to use some of my secondary characters in their work. I gave them a signed
letter of permission.
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Mary Rosenblum
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I allowed a game designer to
use my Drylands universe and some of my characters in a role playing game
he was creating. Again, he had a signed letter defining just what he could
do with that.
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Mary Rosenblum
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He could use it ONLY for his
game and in no other form or format.
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charie'
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Do you get paid for the option
even if nothing comes from it?
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Mary Rosenblum
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YOu bet. :-) Authors LOVE
options. You get cash up front and you don't have to squirm if they butcher
your story on the screen.
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geezer
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You probably wouldn't recognize
your story anyway if Hollywood got it!
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Mary Rosenblum
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Exactly, but heck for the kind
of money they pay for that privelege, they're welcome to it. :-)
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gschettino
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don't agents help with that?
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Mary Rosenblum
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With what, gschettino?
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Mary Rosenblum
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Yes, if you sell to the big
publishers, your agent takes care of all this. I can't even READ my NY
contracts, all seven legal sized pages, typed in ten point font, single
space on both sides.
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Mary Rosenblum
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And I speak contractese pretty
well!
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Mary Rosenblum
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BUT most people are publishing
with small press publishers. These are where the bad contracts are showing
up.
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tory
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I entered a contest whose rules
said all submissions became the property of the contest sponsor. I wrote
them and had them clarify that they did not mean they were taking rights to
publish all submissions with no compensation before I entered the contest.
Confusing. But if could have ended badly. Thankfully, it didn't.
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Mary Rosenblum
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I get asked about that all the
time, Tory.
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Mary Rosenblum
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No it does not mean they
intend to publish the stories. It means the manuscripts become their
property so that you can't sue them for losing your only copy!
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Mary Rosenblum
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It means they don't have to
return them. But it does confuse a lot of folks.
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gail
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What rights are implied (not
disclosed outright) when the publisher (of an anthology) states they
reserve the right to modify the author's work anyway they deem fit?
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Mary Rosenblum
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Essentially gail it means they
can keep your name and rewrite the entire piece if they choose.
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Mary Rosenblum
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You decide if they'll do that
or not.
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Mary Rosenblum
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Editors DO have the right to
change your work. That is their JOB. Usually that's a team effort and you
both have the same goal...make the work better.
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maria-theresa
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is there a big difference in the
contracts being offered by North Americans and Europeans?
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Mary Rosenblum
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Not that I've seen. I've been
selling to a Russian SF mag lately. Nice clear terms, nonexclusive foreign
language rights, prompt payment in euros, I'm happy.
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geezer
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Would French rights be
considered first rights?
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Mary Rosenblum
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What rights are you selling
geezer?
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Mary Rosenblum
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If you sell them First World
Rights, then yes, you have sold significant first rights.
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Mary Rosenblum
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You can't sell first rights to
anyone else.
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Mary Rosenblum
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If you sell first foreign
language rights and they can't reprint in English you might make the case
to a North American publisher that they should buy first rights.
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Mary Rosenblum
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You could try.
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Mary Rosenblum
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Many publishers nowadays buy First World rights.
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Mary Rosenblum
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That's to cover internet
publishing.
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Mary Rosenblum
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First World trumps everything. :-)
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Mary Rosenblum
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It's all second rights after
that
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tory
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But if you write a series of 3
books with the same characters and a house only wants to publ 2, are you
able to pursue other pubs. if you haven't sold ALL rights?
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Mary Rosenblum
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yes.
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Mary Rosenblum
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Series get dropped all the
time and authors often go to small press publishers to continue it.
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gail
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Would the author have any right
to approve the changes made?
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Mary Rosenblum
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Read the contract gail.
Usually it's a waffly yes...they promise to do their best to meet your
approval, but they do have the final say.
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Mary Rosenblum
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Most contracts include a
clause that promises you a look at the page proofs before publication.
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Mary Rosenblum
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But if they don't, and the
small publishers often don't, then you're stuck with what shows up in print
or on the website.
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tory
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A very specific ??, Mary. I have
a book of short, true stories. One of the fifteen may be a j oint effort
with the focus of the piece. All others, i've interviewed and written
totally. If we co-author that story--would she have to sign any contracts?
I understand the "as told to" is a ghose-writer term. She does
not want that. Thanks.
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Mary Rosenblum
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I would draw up a contract
that purchases the right to include that story in this particular single
author collection, Tory.
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Mary Rosenblum
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If you have purchased the
right to include that book in the collection then you only sign the
contract with the publisher.
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Mary Rosenblum
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This is what anthology editors
do. They send each of us authors a contract purchasing anthology rights for
the story, either first or reprint, then they sign a contract with the
publisher for the anthology.
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Mary Rosenblum
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The publisher pays that editor
and the editor pays us according to our individual contracts.
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Mary Rosenblum
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So, Tory, you and she would
sign that individual contract. Specify payment, specify any limitation on
the story...she can't reprint it until six months after publication or
whatever works for you.
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Mary Rosenblum
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Just make it fair to both of
you.
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Mary Rosenblum
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But I would do it, just to
save yourself from a potentially unpleasant misunderstanding later.
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geezer
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If you previously sold North Am.
rights and was published, would it be considered first rights if it was put
into French?
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Mary Rosenblum
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No.
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Mary Rosenblum
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It has been published.
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Mary Rosenblum
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You can offer European rights
or foreign language rights. Not first rights.
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Mary Rosenblum
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The problem with publishing
first in English is that English is spoken in most countries to some
extent.
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Mary Rosenblum
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And books published here show
up all over the planet.
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charie'
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Are co-writer contracts
negotiated like anthology contracts?
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Mary Rosenblum
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That depends.
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Mary Rosenblum
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I've co authored several short
stories. I'm trying to remember how we handled the contracts.
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Mary Rosenblum
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As I recall, the contracts
were made out to both of us, indicating that each of us received 50% of the
total price for the story, and we both had to sign the contract.
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Mary Rosenblum
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Then we got separate checks.
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Mary Rosenblum
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And one of those co authored
stories ended up in a law journal no less. We got reprint money on that one
from a couple of anthologies. We co signed the contracts and got separate
checks each time.
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rslnwife
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I am working on a novel and my
husband is giving me specific knowledge of a certain topic. Is he intitled
to compensation for sharing that knowledge?
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Mary Rosenblum
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That's between you and he. I
solicit a LOT of information from a lot of sources for my novels. I offer
an aknowlegement in the book and a signed copy. :-)
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Mary Rosenblum
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I don't write a contract for
that. That's just what I offer when I ask the person for an interview. And
I usually offer to buy lunch or something.
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geezer
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Is there a point when your story
would become public domain?
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Mary Rosenblum
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After your copyright expires,
yes. Unless you renew it. That is a long time from now. :-) Your estate
will have to worry about it, not you.
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Mary Rosenblum
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YOu can find out everything
about copyright here:
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Mary Rosenblum
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http://www.copyright.gov/help/faq/
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rslnwife
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so if i wanted to write a
hippogriff in to a book would i have to ask jk rowling?
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Mary Rosenblum
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Hippogriffs are a mythical
beast that is in public domaine, rslinwife. They are not unique to Rowlings'
books.
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Mary Rosenblum
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Knowing your mythology is a
plus. :-)
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Mary Rosenblum
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Well this has been a good
Forum.
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Mary Rosenblum
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Good questions, folks.
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Mary Rosenblum
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I'll do more on rights and contracts,
don't worry.
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Mary Rosenblum
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And I'll post the transcript
of this in the usual place:
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Mary Rosenblum
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Writing Craft: Forum
Transcripts.
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writingwolfaert
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so what are the main rights for
sell with a story and what should you expect to give up on a first time
contract?
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Mary Rosenblum
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Geneally you can expect to
give up First World Rights or the more limited First NA rights.
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Mary Rosenblum
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All Rights means you are
selling story and characters for good. All gone.
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jasond
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does First World pay more than
First NA?
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Mary Rosenblum
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Nope
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cajunbelle
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do we need an agent? where to
find one?
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Mary Rosenblum
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Only if you deal with big NY publishers.
I gave a link to Association of Authors Representatives. That's the Agents
association.
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Mary Rosenblum
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http://www.aar-online.org/index.html
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Mary Rosenblum
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Thanks for coming all, and
join us Sunday for our casual chat!
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Mary Rosenblum
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You can ask me more questions
about rights there.
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Mary Rosenblum
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We talk about whatever, it's
hardly formal!
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Mary Rosenblum
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Have a great weekend! Happy
Fall!
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