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RE: Contract dilemma/We need to know more

Linda:

There are two issues: money and ownership. Are you giving away the right to 
collect more money if your article appears on the newspaper's website? It's 
an unpleasant possibility, but a likely one. Most writers have lost that 
fight.

The second issue--who ultimately owns your work--is more important and one 
you should not give up on. If the contract explicitly states that the 
publisher has all rights to your work in perpetuity, get the editor to 
amend it. Even The New York Times, which has an onerous contract, does not 
ask for that. You absolutely need to retain ownership of your work so that 
you can maintain the possibility of pulling together a collection of your 
writings one day. True losing-all-rights contracts are pretty rare--I know 
Rodale does it, and some websites--but I've never seen a newspaper do it.

And as an addendum, my experience is that you can write for newspapers for 
a very long time without them asking you to sign a contract. You're usually 
better off without a contract (for newspapers, not magazines) because the 
default option is that you are only giving them first North American serial 
rights.

Nancy Stedman, NYC

At 10:55 AM 2/24/2002 +0000, you wrote:
>Linda, we need to know more to understand this situation.
>
>What was your understanding about the terms upon which you were working
>and where did your understanding come from?  Did you work for the
>newspaper before with a different contract?  What did the editor tell
>you when you first talked with him about doing the pieces?
>
>Has the paper actually gone to print with any of your articles as of
>today or tomorrow?
>
>What do you mean "very apologetic editor?"  Is he requiring something
>contrary to some understanding you had with him?  Or is this
>work-made-for-hire contract a long-standing policy?  (Why is the
>contract issue coming up now instead of before you did the first piece,
>or at least, the second?)
>
>I wouldn't sign a work-for-hire contract in this situation.  The issue
>would be how to extract my pieces or recover compensation for stolen
>rights.  (Until you sign that contract, they have no rights, so if they
>print anything they have committed theft.)  Whatever you do, don't sign
>in order to get paid.  If a thief comes into your home and takes your
>diamond necklace, you don't accept his offer of $10 bucks for it just
>because otherwise he will give you nothing.
>
>Wanting or needing some electronic rights creates neither the right or
>the need for a work-for-hire situation.  So unless the newspaper has
>decided on non-negotiable work-for-hire contracts for everyone, the
>situation may be salvageable.
>
>Tell us a bit more.  Fast.
>
>Carol Deppe
>
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