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Re: Publisher using print article on net as well

Title: Re: [GWL] Publisher using print article on net as well
John -- you are in a sticky area in the world of a writer. The contract or agreement you signed with the magazine publisher should have laid out what the electronic publishing rights were and compensation, if any.

Writers can ask for a premium amount for the article if electronic publishing is likely, or the writer can try to negotiate a per hit fee....if anyone reads the article on line you get paid. The first option is usually easier to work out.

If no contract was signed for the article, then I think you should be able to negotiate pay for the online posting. If nothing else, it will help the publisher clarify its policy.

If you are a member of Garden Writers, attorney John Hazard is available for consultation on contracts. Also, the American Society of Journalists and Authors (www.asja.org) has been on the front lines of the electronic publications rights issues and other matters. The Web site has a lot of helpful information.

jems
Jo Ellen Meyers Sharp
Garden writer, speaker, photographer
Director, Region III Garden Writers Association
Phone: 317.251.3261
Fax: 317.251.8545
E-mail: hoosiergardener@earthlink.net


Hi All
I am wondering if any members of the GWL group have experience in having an article (which they authored) published by a print magazine and subsequently also published by the same magazine on its website.
The specific questions which this raises are:
1.      Can the magazine publisher use this material on the magazine website (which may have the same name as the print magazine) without specific permission of the author? (I think the answer is a pretty clear NO -  but I am interested in opinions).
2.      What is a fair compensation for this second use (perhaps as a percentage of the amount that the author receives for a print magazine only article)?
The situation, of course, could happen in reverse (first published on the web, then in print).
Regards
John Gee

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at: http://www.hort.net/lists/gwlphotos

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For GWL website and Wiki, go to
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