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Let's Retain ALL the Rights!

Picture of a handwritten pageOne of the questions being raised repeatedly on a discussion board I participate on is the question of electronic rights. Should a magazine be able to buy a story and display it on their website in perpetuity without additional payment? Does it make a different whether or not it’s behind a paywall? If there’s no additional payment, when should rights revert? What happens with something like an anthology that is in electronic form and hence won’t go out of print the way a hard-copy edition does?

I’m presuming that most people reading this know that normally when you “sell” a story to a publication, what they’re actually buying is the right to publish it in a particular form. You, the author, retain any rights not spelled out in the contract. You can (and I encourage you to) sell the story again as a reprint, and you may want to look at forms like audio or in another language.

This is something that’s still very new, and it’s not something that’s been factored in when lists like SFWA-qualifying markets were put together. It’s not mentioned on sites like Ralan.com or the Submission Grinder. As a writer, though, you need to be aware of what you’re selling.

Take some time to skim through the contract and find out what the publication is buying. What’s the “exclusive period,” the period where they are the only ones that can print it? What forms are they planning to release your work in? Here’s a Columbia Law School resource that may be helpful in trying to decipher legalese.

If you’re publishing, how do you feel about perpetual rights? Is the horse already well out of the barn as far as that goes, or can writers push back on the practice of acquiring perpetual rights without payment?

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6 Responses

  1. This is a great discussion starter, Cat! You’ve raised some excellent points that writers definitely need to be aware of when seeking publication.

    Specifically in terms of the question “Should a magazine be able to buy a story and display it on their website in perpetuity without additional payment?”, a good option is a clause which grants the magazine the right to maintain the story in its archives indefinitely after the period of exclusivity unless and until the author requests its removal. This is a painless clause for magazines because very few authors actually ask to have their work removed, but it allows the author some flexibility if a reprint sale demands exclusivity or s/he decides an older work doesn’t represent his/her current persona and skill. This has served us well at Every Day Fiction, and seems to keep everyone happy.

    I’m not sure about the feasibility of expecting additional payment for an anthology based on length of time in publication (since a really esoteric anthology might take a significant chunk of time to earn out its costs, never mind making any sort of profit), but I have recently heard of several anthologies offering bonuses or top-up payments at a series of predetermined sales goals or numbers sold “” insurance that the authors aren’t left out of the party if it does better than expected. We haven’t tried that yet, but I’ve been researching it as a model.

    I also had an anthology editor not too long ago ask me (as publisher) to include a clause specifying the point at which the work would be considered out of print in all editions (including print-on-demand and e-book editions). It was no trouble to work out a minimum sales threshold to serve as that breaking point, and I expect such clauses will become more common in contracts going forward.

    1. Thank you Camille! You’re absolutely right in pointing at the magazines that archive until the writer asks to have it taken down, I think that’s a great clause. Most of the time I leave stuff up in those places, because my philosophy is that those pieces are out there (hopefully) attracting some new readers. Can I ask what the minimum sales threshold you arrived at was?

      1. We did some math around what it takes to keep a book in print and adequately promoted for a year, and then worked out an annual sales figure that would still cover those costs after royalties were paid out. I won’t go into actual numbers here (happy to do that via email), but essentially we are not going to lose money on a title in order to keep a claw on its rights.

    2. Which is further complicated by some big publishers treating non-exclusive rights as de facto exclusive rights as well. Which means the stakes are a lot higher, and there’s a lot more pressure on people like Camille and I (who get what money we do on the long tail back end) to *not* be able to make our money back.

      That said, I’ve currently settled on one year exclusive and four years non-exclusive (for a total of 5 years) as a compromise that everyone seems pretty happy with for anthologies.

      1. That sounds like a reasonable compromise to me. What happens at the end of the five years, do people re-sign contracts?

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"(On the writing F&SF workshop) Wanted to crow and say thanks: the first story I wrote after taking your class was my very first sale. Coincidence? nah….thanks so much."

~K. Richardson

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Links from Blogging 101 Class - General Social Media Links

As part of the Blogging 101 class I just finished up teaching for Bellevue College, I organized a bunch of my links into a handout. Here is the General Social Media Resources section.

Mentioned in class:
(We didn’t actually get to this, but it’s a good way to track which of your links are getting shared.)Way to shorten URLs and monitor which are being reshared: http://www.bitly.com
(Also didn’t get a chance to hit in class, but is a good way to see if your name is available on various social networks as well as a pretty comprehensive listing of such networks.) Way to check your name on social networks: http://namechk.com/
Way to look at your social media presence: http://www.klout.com
Cartoon History of Twitter and Social Networking: http://www.mediabistro.com/alltwitter/cartoon-history-social-networking_b6160

Technical:
10 Social Media Mistakes We Bet You’re Making: http://www.businessinsider.com/10-social-media-mistakes-we-bet-youre-making-2010-9
10 Things Social media Marketers Should Know about Millennials: http://socialtimes.com/socialmedia-marketing-millenials_b31715
Best Free Social Media Tracking Tools: http://thenextweb.com/socialmedia/2011/02/18/social-media-tools/
Five Myths About Pushing Social Media Marketing Content: http://socialtimes.com/five-myths-about-pushing-social-media-marketing-content_b55978
How to Actually Become Friends with Social Network Connections: http://www.businessinsider.com/how-to-make-powerful-connections-through-social-media-2011-1
How to Crack the New York Times Popularity Code: http://www.thedailybeast.com/articles/2010/12/20/how-to-crack-the-new-york-times-most-emailed-list.html
What Social Network is Right For You? (2010): http://lifehacker.com/5472223/which-social-network-is-right-for-you
Winners and Losers of Social Networking: http://mashable.com/2011/04/12/social-networks-infographic/

Food For Thought:
Fantabulous Lists of Social Media Case Studies: http://socialmediatoday.com/igiedrius/268023/fantabulous-lists-social-media-case-studies
Google+ discussion of Wal-mart’s use of social media data:
https://plus.google.com/109581870574956225297/posts/2KKuJAUUruo
How governments are using social media: http://mashable.com/2011/07/25/government-social-media/
Innovative Uses of Social Media: http://mashable.com/2011/04/07/innovative-pr-social-media/
On Social Media, Most People Don’t Want to Be Heard: http://www.clickz.com/clickz/column/2030594/social-media-people-dont-heard
Six Verbs You Need to Understand for the New Web:
http://www.spinsucks.com/social-media/six-verbs-you-need-to-understand-for-the-new-web/
What Social Commerce Can Learn From Social Gaming: http://socialcommercetoday.com/what-social-commerce-can-learn-from-social-gaming/
Why Social Accountability Will Be the New Currency of the Web: http://mashable.com/2011/07/28/social-media-influence-accountability/
3 C’s of Social Networking: Consumption, Curation, Creation: http://socialmediatoday.com/index.php?q=briansolis/233806/three-c-s-social-networking-consumption-curation-creation
5 Social Good Sites Aimed at Youth: http://mashable.com/2011/07/22/social-good-youth/
How 3 Cities Are Crowdsourcing for Revitalization: http://mashable.com/2011/07/20/crowdsourcing-city-tech/
5 Innovative Food Truck Social Media Marketing Campaigns: http://mashable.com/2011/07/21/social-media-food-trucks-marketing/
25 Terrific Social Media Infographics: http://socialmediatoday.com/pamdyer/266010/65-terrific-social-media-infographics

I’m glad to discuss any of these links in comments here.

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WIP Teaser: Her Windowed Eyes, Her Chambered Heart

Image of story notes
Example from a different story showing the first notes made when plotting out "Rappacini's Crow." Not every detail here got used, but the notes helped me keep fleshing out the idea until I was ready to write it.
Here’s a snippet from what I’ve been working on today. Peeps who attended the Plotting class yesterday (which was AWESOME) – this is the steampunk horror story that I showed you the initial notes for.

A frenzy of fretwork adorned the house’s facade, but it was splintery, paint peeling in long shaggy spirals that fuzzed the puzzled outlines. The left side drooped like the face of a stroke victim, windows staring blindly out, cataracted with the dusty remnants of curtains.

Marshall Artemus Smith thought that it would have given a human man the chills. He glanced back at Elspeth to see how she was taking, but her face was chiseled and resolute as a fireman’s axe.

“You all right?”

She swabbed at her forehead with a bare forearm, leaving streaks of dark wet dirt. “Thank your lucky stars you don’t feel the heat,” she rasped.

Hot indeed if enough to irritate her into mentioning that. He chose to ignore it.

The house sagged amid slumping cottonwoods, clusters of low-lying groves, their leaves indifferent ovals of green and pale brown. Three stories, and above that, two cupolas thrust upward into the sky, imploring, the left one tilted at an angle.

His spurs jingled as he clanked up the front steps. His eyes ratcheted over the scene for clues, but it was clear that their fugitive had entered by the front door, which hung a few inches ajar.

Wood creaked under Elspeth’s slower treads. “This was his mother’s house,” she said.

She’d gone over the files meticulously as always, then summed up the details for him as they’d ridden along. He ticked through them in his head.
“The scientist?”

“Angeline Pinkney, yes. She helped discover how to harness phlogiston. They had her working on the war effort till she was dying of rotlung. Then she retired out here and lasted another two years.”

Phlogiston, the most precious material in the world, capable of fueling marvelous machines like himself. He carried a scraping of it, small as a fingernail clipping, deep in his midsection. Once a year, it was replaced, but it was valuable enough that he’d had people try to kill him for it before.

So far none had succeeded.

Enjoy this sample of Cat’s writing and want more of it on a weekly basis, along with insights into process, recipes, photos of Taco Cat, chances to ask Cat (or Taco) questions, discounts on and news of new classes, and more? Support her on Patreon..

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