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Re: POST; should be Work for hire

To answer Brook's replies (in part):

> However, 99.9999% of the time, this is not true with articles. The writer
> either doesn't care about second rights, or cannot find a reprint market
for
> the story, or, as somebody posted, they rework the story for a new market.
I
> repeat: If you rewrite it, then it is a new work, one for which you have
not
> given up any rights to.

No, no, no.  I care very much about second, third and one-time rights on all
my written material.  They represent about 20 percent of my annual income.
Reworking many of the articles I write is impossible (Brook's answer to
using an article for another market), because I do extensive interviewing,
quote experts at length and many times construct charts and graphs using
their wisdom.  These are usually the heart of the articles and the reason
the original publisher has paid well for the article and the reason second
and third rights buyers want the article. I also use these charts, graphs
and interviews for books I write.  I own the material and I use it without
hesitation.  After all the research I have done, I want to reap the
financial benefits, not let an all-rights publisher use my research again
and again for anthologies, advertisement, premiums and books.  I did the
work; I want the profit.   I am not unusual.  Newspapers are full of this
sort of material, as are news magazines.  And, a writer who is not on staff
and contributes (as I have many times) grants one-time rights--exclusive to
your circulation area or in the case of breaking news--Exclusive Rights--90
days.  And, you get paid well for the exclusive, which you can use again
after 90 days.

>As you point out, work-for-hire is something designed for employees. Photo
>buyers have often tried to use it with freelancers. But magazine editors?
What >would be the point, when they merely have to put "all rights" in the
contract.

Saturday Evening Post, comes to mind immediately, as a magazine that writes
it's contracts as Work-For-Hire.  There are others.

> Point four: You're right. The example I used was fictitious, to prove a
> point. The actual case it was based on, which was a job of work taken by a
> friend of mine, was actuall to go to India for a year. And the fee was
> $50,000 plus all expenses for him and his family. And, even though it was
> work for hire, all photos he took that had not been used by the publisher
> within a year were returned to him----which means, of course, that he got
the
> best of both worlds because they were under no obligation to do that. But,
> then again, he didn't get on his high horse about work for hire. He just
took
> himself and his cameras off to India.

I have not gone to India or Alaska, but I have gone wonderful places at the
expense of a publisher to photograph and write.  AND, I have granted ONLY
First North American Serial Rights to magazines with circulation in the tens
of millions.  It's not unusual.  They pick up my expenses, knowing that it
makes my work easier.  They can write it off on taxes, as easily as I can.
It's part of the good will associated with an excellent publisher--writer
relationship.  They treat me well, and I go the extra mile for them, turning
in excellent copy and photography.

> For writers, the problem with all rights comes from publishers who,
> themselves, have other possible uses for the work. Maybe there are related
> magazines in the fold; or the publisher puts out anthologies, and so
forth.
> In such a case---which is very rare indeed---I would be concerned about
> selling all rights, unless there was a comnensurate increase in payment.

AH! Brook!  You really do see the problem.  Wanting your material for
anthologies, Internet teasers and advertising is much more pervasive than
you think.  Publishing is a business like every other in the world;  profit
is focus, whether it is stockholders yelling for increasingly bigger
dividends or a family-held corporation that finances other ventures with
profits.  That is what this push for ALL RIGHTS is all about.  It's like the
revolving employees at many corporations--the higher paid are let go to keep
expenses down.  Cut a little here, squeeze another mandatory 10 hours a week
out of salaried staff, and all of sudden you have your extra 10 cent per
share quarterly dividend profit increase.

Doreen Howard

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