Copywrite question web versus magazine related
Agent45
451 Posts
Anyone here with experience in having articles published in printed magazines? I have a copywrite question for you.... Basically I've been approached to have an article published but I would like to retain the rights to the article in case I would ever want to, say, write a book or something. I haven't entered any serious negotiations with tht publication yet, but this is new to me and I don't want to go in completely stupid.
Comments
But yeah, you'd need to know what the industry standard is. Of course, it really depends on how bad you want it published versus how bad they want it, as each and every contract (in general) is a clean slate when you start. Nothing is set in stone beyond what the two parties hammer out.
This is an excellent q for ODub.
Fuck it. That's what editors are for.
Okay, if they commissioned the article from you they've paid for it and they pretty much own it. It's unlikely that they'd stop you republishing it at a later date but would probably want a credit: "This article first appeared in XXX magazine" or "this article is reprinted courtesy of XXX magazine". But make it clear that you have plans for the piece.
If this a pre-existing article that they want to publish then it's all yours but you would need to make it clear that you may in future want to publish the article elsewhere. If the magazine is doing this properly you will have to sign a commissioning slip which will have a number of terms and conditions about who owns the rights. These are not set in stone and unless it's the kind of content they'd want to keep exclusive - say an interview with a celebrity - I'm sure you can come to an arrangement.
When it comes to print/web publishing, if the publication also publishes their content online then the commissioning form will cover publication in all forms, electronic and print. You should also check whether their content/your article may be syndicated elsewhere or sold on and whether that restricts your ownership and whether you are entitled to a proportion of the syndication fee.
Basically, I'm sure they'll probably be fine about it so long as the copy doesn't appear anywhere else before they publish. Don't anticipate a battle but just state you requirements and possibly be prepared for a lower fee if their standard MO is to retain all rights. Most importantly, think about how far you'd push this and whether it may affect future commissions from the publication.
Hope that helps.
O-Dub and Mao can probably shed all the light you'd need (where's O-Dub?).
The sample analogy is a good one but thankfully the publishing world is not the same as the music world. I spent ten years as a journalist and editor and have been in the music biz in one way or another for eight years. Most publishers will not have problem with you asserting your ownership so just do it.
that said, i'm hardly an expert on the subject and i'm sure someone like o-dub will shed some more light on the situation.