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RE: POST; should be Work for hire


> I understand what you're trying to say, Doreen. But---and this just goes to show how misunderstood all this is---> there are no such things as third rights. Technically, all subsequent sales of the same material are second rights.
Technically, all subsequent sales would be "secondary" rights.  
 
If someone wants to call their third use "third rights," who cares.
 
> I was merely pointing out that a reworked story is a new work, not subject to an "all rights" buy out.

Technically, a "derivative work."
 
And don't bet on the "not subject to 'all rights' buy out."  If it was that easy to get around an all-rights contract, publishers wouldn't be grabbing at them. Enteprising publishers with an ax to grind are going to think mighty unkind thoughts of you for lifting your own (now their) material for reuse in an all rights deal. It'd be the equivalent of self-plagiarism. Even if you win, you lose. It's safer to restict rights and maintain the clear right to sell the same, or similar material, again. 
 
> The folks who do this are called successful. The ones who don't; well, they have all kinds of time to sit around > whining about what rights to sell.
 
 
Damn Brook, just when you make some decent points that would allow the rest of us to leave you to your own decisions (which after all, is the forgotten point in this whole discussion--Brook does as Brook wants and the rest of us do likewise), you pop off like a snapping turtle in a corner. You've spent more time in this thread than anyone on the list--yet are presumably successful at what you do, at least you'd have everyone believe so. Can't you discuss the issue without the personal vitriol?
 
Carlo

Carlo A. Balistrieri
Nemorosa Horticulture
Oconomowoc, Wisconsin, USA
Zone 4a-5b
NARGS 

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