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Re: "Serial" includes newspapers


Brook says the word "serial" as in "serial rights" does not include
newspapers.  My understanding is that "serial" means explicitly
newspapers and magazines (as well as other "serial" publications like
them). 


Both common industry usage and the copyright laws distinguish newspapers separately from "serials."

However, in real terms, it doesn't matter. If you wrote "for one time serial use" at the top of the manuscript you sold to a newspaper, it would hold up in the absence of other writings to the contrary, because your intent is very clear.

Frankly, while conversations like this are fun, they have little to do with the real world, where you either establish a working relationship with the editor, or all bets are off. It's like picking a fight with a locomotive: you may be in the right, but you're just as dead.

Here's an instance to illustrate the point. You sign a contract that stipulates "all rights." Then you send in the manuscript, and, at the top, write, "one time use only."

At that point you have sold them one-time rights because, under the law, the last writing applies. If they were serious about all rights the editor (more likely somebody in the legal department) would notify you that they buy all rights, that you agreed to it, and your attempt to sell only one-time rights is null and void. But nobody does that, so they're bought only one time usage.

They then reuse the story, and pay you nothing extra. So you sue.

The reality is, you will win that case, but never work for that publication again. And, if the case recieves enough notoriety, you won't work for a lot of media in that field. They'll have other "official" reasons for rejecting submissions from you. But the underlying cause is, "we don't want to get sued."

Talking about reality, it's like somebody pointed out: If you're never going to use the story again, why get bent out of shape about what rights you're selling? The reality of that situation is that it doesn't matter.

We could, if anybody wants to, have a whole discussion on this idea of Rights vs. Reality.

Reality applies to a lot more than rights, too. Everything from manuscript preparation to the method of submission could effect a sale. It's not always logical. But it is, most certainly, real. And you either adapt to that reality, or you don't sell to that editor.

And, if you want to succeed, never, ever forget the editorial golden rule:

The editor's got the gold
So the editor makes the rules.


Brook 
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