the process: copyright > story submittal - Writers Forum

Throughy · 12-01-2007, 10:50 PM

After having a rather souring experience with the copyright office, which amounted to a registration that became lost by them (a piece of business writing) I hessitate to rely on their getting back with the filed registration in the anytime normal, time frame.

So when a creative story is registered -- what is the best course of action?

Register it, then wait for the 1 + year to get verification prior to submitting the work for publication/agent review?

Or what alternative...?

Also, when sold for publication (magazine or story) does the author retain original story rights and license the right to publish?

Mr Sci Fi · 12-01-2007, 11:50 PM

Don't copyright your work. It makes you look small time.

Throughy · 12-02-2007, 12:03 AM

Alright Mr Sci Fi,

You set the hook, what form of protection then?

Mike C · 12-02-2007, 03:46 AM

Throughy, I've never registered copyright on anything I've had published, or submitted for publication. Copyright exists the moment I write.

Who exactly are you protecting against? Who do you think will steal your work?

The only protection you realistically need it to send your stuff to reasonably reputable mags. They don't need to steal or plagiarise, they'd get caught if they did, and their reputations (which they value) would be down the toilet in minutes.

When you sell a story, you're selling rights to publish, whether in one particular country, or worldwide as is more common in the internet age. You may also be selling anthology rights (the publication may want to include your story in a collection at a later date) and there may be bits in the contract about reproducing separately in print, on the web, excerpts on the publication's website, whatever. Check their guidelines or ask for a sample contract (many mags don't have a formal contact; it doesn't mean they're untrustworthy, just means they put money into their mag rather than lawyers' pockets).

You retain the original rights.

Non Serviam · 12-02-2007, 04:40 AM

Quote:

Originally Posted by Mike C

Copyright exists the moment I write.

... provided you live in a country that's a signatory to the Berne convention. If you're from somewhere like Somalia or Uganda or Afghanistan, different rules apply.

Mr Sci Fi · 12-02-2007, 09:33 AM

Quote:

Originally Posted by Throughy

what form of protection then?

As Mike said, it's already protected the minute you write it. And think about it... who's going to steal your work anyway? If anyone would steal it, it's obviously already in publishing condition, so why wouldn't you have it published?

Mike C · 12-03-2007, 09:54 AM

Quote:

Originally Posted by Non Serviam

... provided you live in a country that's a signatory to the Berne convention. If you're from somewhere like Somalia or Uganda or Afghanistan, different rules apply.

The US has issues with Berne convention also, but hey. Simple advice is don't publish your work in Uganda, Somalia or Afghanistan. Countries that don't recognise copyright (include China and India when it suits them also) aren't going to recognise a fancy-pants government certificate of copyright either.

Non Serviam · 12-03-2007, 10:06 AM

Quote:

Originally Posted by Throughy

Also, when sold for publication (magazine or story) does the author retain original story rights and license the right to publish?

Just spotted this bit. Usually I offer First British Serial Rights or First North American Serial Rights to the publisher, but retain the overall copyright personally.

Mike C · 12-03-2007, 10:41 AM

You should always retain copyright and any reputable publisher will not ask for it. It's one thing offering certain rights, but if the publisher is looking for something else (ie worldwide rights, electronic rights, whatever) it won't get you very far. Submission guidelines will tell you what they're looking for.