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Re: [GWL]: Let me ask a stupid question here..........


On Sat, 3 Nov 2001 18:08:14 -0800 Brook Elliott <BrookBarb@juno.com>
writes:
> Sheri,
> 
> The whole question of rights is unnecessarily confusing to people. 
> It is,
> in fact, the largest concern among my students. 
> 
> Briefly, think of artistic material (which includes writing) as 
> real
> property, just like your house. You can sell it outright, or rent 
> out
> parts of it, or rent it for specific purposes. Same with a story.
> 
> In the case of this magazine, the primary thing they are buying is 
> the
> right to use the story one time. They are also retaining the right 
> to
> reuse it one more time, in either a hard-copy or electronic form.
> Usually, nowadays, they present that as "one-time serial rights and
> non-exclusive second rights"
> 
> Notice that the words "first time" are not in those rights. Legally 
> this
> means you could be sending them a previously published work, and you 
> can
> continue to sell that work to other markets both before and after 
> it
> appears. However, the editor may not mean that at all, so I would 
> check
> to assure that the intent of both parties is being fulfilled.
> 
> > I am not used to giving 
> > any
> > rights, <
> 
> I don't understand this. If you've ever sold a story to anyone, you 
> have
> sold specific rights. They may be stated in the publications 
> guidelines,
> or elsewhere. But what they have paid you for is the right to use 
> your
> work in a particular manner.
> 
> > does it rule out reprints before 
> > or after
> > publication?<
> 
> Not at all. After the first use of a story, every other use becomes 
> a
> "second rights" situation. There is, bts, no such thing as third 
> rights
> or fourth rights. All subsequent uses involve second rights. If you 
> have
> quoted her correctly above, then you have retained all second 
> rights. 
>  
> >  I have a couple internet articles I would like to send 
> > her.<
> 
> Again, make sure she understands that they have appeared 
> electronically,
> just to prevent any misunderstandings.
> 
> Hope this helps,
> 
> Brook
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