Magazine Rights, Part II

Last month I described the rights that magazines buy most often, and I promised to describe additional rights this month. And even though I'm in the middle of moving, I believe in keeping my promises. So here are other common types of rights.

One-time rights allow the magazine to publish your article or story once. If the publication wants to print it again, it must get your permission.

If you grant simultaneous rights, you are probably selling the article or story or poem to more than one publication. As the name implies, simultaneous rights allow several magazines to publish the piece at the same time. They are not the same as reprint rights since this could be the first time you sold the item.

If you don't say what you are selling and the magazine doesn't say what it is buying, it gets nonexclusive rights. This doesn't restrict your ability to sell the article or story or poem again, but it gives the publication the right to reprint the piece in subsequent editions of its magazine without further payment. You can also explicitly agree to sell nonexclusive rights.

A work-for-hire doesn't belong to you and never did. (I discussed works-for-hire in my November 25, 2010 post.) The end result is similar to selling all rights. However, there are times when works-for-hire are better than selling all rights. That's because some magazines allow the writer of a work-for-hire to publish it elsewhere. Make sure you read your contract to see what you can do.

Rights can be modified by agreement, and even if the magazine doesn't make you sign a contract, you still have one. In that case, the contract will usually combine the terms of your submission letter, the publisher's acceptance letter, and the submission guidelines. If your submission letter offers one type of rights and the publisher doesn't object, that is what you have sold. If the publisher says it will buy different rights and you don't object, then the acceptance letter governs. If both letters are silent but the submission guidelines tell you what the magazine buys, that is what you are selling. So read the submission guidelines carefully.

Because it's important to know your rights.

Kathryn Page Camp

Magazine Rights, Part I

Many Christian writers aspire to be published in Guideposts. I'm not one of them.

Guideposts is a fine publication and a good choice for many writers. But it is a choice, and it isn't mine. That's because it buys all rights.

If a periodical buys all rights, it has complete control over what happens to that article or story or poem for years to come. You cannot sell it again, and you can't even post it on your website without the magazine's permission.

Selling all rights doesn't bar you from publishing another article about Aunt Maud's hat, but it must be a new article with different wording and a fresh approach. Modifying the existing article is not enough. In other words (pun intended), you may have to start all over.

Guideposts pays well and is a prestigious name to have among your credits, so some writers are happy to sell it all rights. But there are other options.

Most magazines buy first rights. This is the right to be the first to publish the article or story or poem. Similarly, first North American rights give the publication the right to be the first publisher in North America. Once the magazine has published the piece, control reverts to you and you are free to post it on your website, include it in a compilation, or resell it.

The biggest advantage of first rights is second rights--also called reprint rights. Once the first rights holder has published your article, story, or poem, you can sell it over and over again. Because a reprint isn't the public's first chance to view the piece, second rights don't usually pay as well, and some magazines won't buy them at all. But considering they are paying for work you already did, any size check is good. You can also sell the item a third time, and a fourth, and . . . . These additional sales are also second or reprint rights.

Since you can only sell first rights once, you do not want to mislead a later purchaser. When submitting the piece for subsequent publication, you should explain where and when the article previously appeared. Also, you will want to target magazines that do not compete with each other or have an overlapping audience. Denominational publications are good because Baptists don't usually read magazines aimed at Presbyterians, and Methodists rarely subscribe to periodicals meant for Roman Catholics.

One word of caution. Don't try to sell second rights while you are waiting for the first magazine to print your article, story, or poem. Even if the second periodical agrees to hold the piece until a reasonable time after the first publication, mistakes happen. And if the first magazine discovers that it didn't get the first rights it paid for, it isn't likely to give you another chance.

All rights, first rights, and reprint rights are the big three, but there are others. I'll cover the common ones next month.

Because you should know your rights before you sell that article or story or poem.

Kathryn Page Camp