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RE: [GWL]: Two for One??

The use as part of an intact issue on their website is an additional 
use.  It is probably one they cannot do without.  That is, they probably 
will not want your article at all if you won't agree to the specified 
electronic use.  So the deal is either worth it to you or not, with that 
right included.

I would probably grant the use, limiting it to exactly what they need 
and no more.  That is, I would write something like: I grant (magazine 
name) the nonexclusive electronic right to publish the article (article 
name) on their website as part of the entire original issue in which the 
article first appears.  All other electronic and website rights, 
including liscensing rights, are reserved to the author.  

I probably wouldn't ask for additional money for the electronic right 
either.  There is a good-will problem involved once you are this far in 
a negotiation.  I would simply ask for more money the next time around, 
realizing that the electronic right would have to be included.

Not everything is easily translated into dollars.  A specific example:  
I did two long articles for National Gardening during the last years of 
its existence.  When NG went on web and needed electronic rights, I got 
a phone call from the editor-in-chief, Mike MacCaskey.  They did not 
have the electronic rights to the articles of me and one other writer.  
Mike wondered whether they could buy the relevant rights.  I "sold" them 
to him for free, and wrote a 1-paragraph contract starting with "As a 
friendly act of good will, I grant National Gardening the nonexlusive 
electronic right to...."

As I put it to Mike, "You paid generously for the articles at the time.  
I'm not going to nickel and dime you now."  NG had also been a good 
magazine to work with, and had let me rewrite the contracts as I wished. 
 I was unwilling to have Mike regret it after the fact.  I also knew the 
magazine had paid far more for my stories than was the norm.  Taking 
that into account, I realized that being unable to use the articles in 
the electronic NG, or having to pay more, given the initial generous 
payment, would cause resentment.  And I felt happy to facilitate the new 
situation and be generous in turn when the cards were all mine.  Money 
and rights are not the only issues in negotiation of contracts.  

Gene Bush wrote:
>     I recently received a new one (to me, anyway) from an editor of a major
> gardening magazine. I know what my feeling are about his logic that I 
> have
> pasted below. Is this ligimitate procedure and somethign that I should
> recoginze as standar procedure.?
>     I feel a bit like they are getting two uses for the price of one however
> they go about things on thier end. And that one payment is a bit under 
> the
> norm that I have been paid in the past for a feature.
>     Some of the more experieced here... comments, please?
> 
> Gene E. Bush
> Munchkin Nursery & Gardens,LLC
> genebush@munchkinnursery.com
> www.munchkinnursery.com
> Southern Indiana     Zone 6
> 
> paste from editor...
> Your slides and article arrived safely and I have sent the article out 
> for
> review. I also looked over your changes to your contract, and most are 
> fine.
> The one exception is the use of the article on the members-only side of 
> the
> --------Web site, which is a prerequisite for all articles published
> in -------
> because the entire magazine is put up in PDF format.
> 
> Because that part of our Web site is restricted to members-only, and the
> magazine is presented in its entirety in the same format that it appears 
> in
> print, we consider this an equivalent use. We've been doing this for 
> well
> over a year now and no one else has questioned this use.
> 
> Anyway, I'm hoping this won't be a problem, but I think the best thing 
> to do
> is to make the other changes you requested to the contract and send a
> revised version back to you.
> 
> 
> 



Carol Deppe
Author of BREED YOUR OWN VEGETABLE VARIETIES:  THE GARDENER'S AND 
FARMER'S GUIDE TO PLANT BREEDING AND SEED SAVING (See table of contents, 
excerpts, & reviews at http://www.chelseagreen.com.)  

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