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02-04-2008, 06:29 AM
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#1
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Ink Slinger
Join Date: Jul 2007
Location: Out in the bush, Queensland, Australia, far from the madding crowd
Gender: Male
Posts: 3,418
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A question regarding copyright
I am considering submitting an anecdote electronically to an Australian magazine on the promise of payment if published in their print edition. Their website includes the following: “All submissions become our property on payment and publication in the magazine.”
My questions are these:
Where do I stand regarding copyright?
Have I relinquished my copyright by accepting the above provision?
Am I still able to submit the story elsewhere once this magazine pays me?
Please, no guesswork. if you don't know, don't waste your time.
Thank you.
__________________
How Beautiful it is to Do Nothing, and then Rest Afterwards . . . . . Spanish proverb
Last edited by The Backward OX : 02-04-2008 at 06:32 AM.
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02-04-2008, 06:40 AM
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#2
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Ink Slinger
Join Date: Nov 2007
Posts: 3,793
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This normally means they have the first print rights. I'm pretty sure that once they stop publishing it you can try to get it published elsewhere. Maybe someone more informed than I can elaborate.
__________________
There Is A Policeman Inside All Our Heads: He Must Be Destroyed
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02-04-2008, 06:54 AM
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#3
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Moderator
Join Date: Oct 2006
Location: Southwestern Pennsylvania
Gender: Female
Posts: 4,131
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What concerns me is the wording 'becomes our property'. I'm not in Australia so I'm not sure if this is a standard way of saying, 'we have first print rights once we pay you' or if you are signing over your copyright. You may just want to email or call and ask them.
And someone who is not wasting their time may yet post and give you the answer.
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02-04-2008, 07:51 AM
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#4
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Moderator
Join Date: Feb 2005
Location: South-east UK
Gender: Male
Posts: 5,478
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It sounds very much like they want you to assign copyright to them, although the wording is ambiguous. I'd write/email for clarification. Guesswork is the best you'll get, Ox, because their wording is unclear. It may be that they want to be able to publish the article in more than one place, or at other times, so it makes sense from their point of view to retain copyright. They may also not wish to see something they've paid for become non-exclusive.
If they do want copyright, it's not the end of the world unless (a) its an article that you think you can sell over and over, or (b) they expect to be able to remove your byline.
On the subject of wasting time, you're probably wasting your own and ours by asking here and not asking the magazine direct.
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02-04-2008, 04:32 PM
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#5
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Prolific Writer
Join Date: Dec 2006
Posts: 286
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Surely there is an attorney here, specialized in international literary law, who is willing to answer Ox’s question for no compensation at all?
har har har
CF
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02-05-2008, 05:10 AM
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#6
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Moderator
Join Date: Feb 2005
Location: South-east UK
Gender: Male
Posts: 5,478
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It's his day off.
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