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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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