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Post-Tasini contracts revisited


This is a longish missive on a thread that's been dormant lately but which 
got lots of attention a while back. 
I just received a new contract from one of the papers I write for.  It 
addresses their desire to archive materials online, naturally, and it looks 
like a step forward.  Some excerpts:

"Because LNP cannot use and republish your creative materials in our 
electronic databases until you have authorized us to do so, we need to modify 
your current... agreement."
3 options are offered:
"(1) authorize LNP to republish your creative material in our electronic 
databases and fully manage the use of your material
(2) authorize LNP to republish your creative material in our electronic 
databases but manage all reuse issues by yourself or
(3) forbid LNP to republish your creative material in our electronic 
databases, which also dictates that you will manage all reuse issues by 
yourself."
"Your standing with LNP will not be affected by your decision."

If I choose (1), I "empower LNP to be the sole judge as to how your material 
will be reused and the amount of the reuse fee."
If I choose (2), LNP will "pass along to you all reuse inquiries we 
receive..."
If I choose (3), LNP will "be forced to exclude your past and future creative 
work from our electronic databases... it will not be available electronically 
for many prospective sublicense purchasers to locate."

If I choose (1), LNP will: 
"1. preserve your creative materials within all of the electronic databases 
we utilize now and in the future;"
2. act as your agent in the process of evaluating, negotiating and granting 
sublicenses for the reuse of your creative materials;
3. collect reuse fees from the sale of sublicenses;
4. administer the payment of reuse commissions to you."

I'd like to know if other writers are being offered similar agreements, and 
whether they have any comments or advice to offer.

John Friel
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