The home of fiction author Val Gryphin…

Part two of three.

Part One.

Yesterday I talked about what a copyright is, how to obtain one, and what it means. Today I am going to talk about this concept of selling rights of publication for your work. When you submit a piece of writing to a market, you are offering them chance - or the right - to publish it. Depending on the market however, the rights that the magazine is willing to buy can vary greatly. Here is a basic overview of the rights that a market can ask for.

First serial rights: This means the right to be the first to publish your piece in any form, in any market. That means it cannot have been published in either electronic or print mediums, in any country. You can only sell this right once, although if the magazine folds without publishing your story the rights revert to you. Again though, be careful. I know of a market that folded and the language of the contract was such that the rights did not revert to the authors even though the magazine was gone - always read the fine print. Also, be mindful that most markets consider the the first rights of a work gone if it appeared anywhere online, even if it was only on a personal website.

First North American (or any other region) rights: This means the publisher want to be the first to publish a piece in a specified market area. This means that if you previously sold first European rights, you are free to sell first North American rights to another magazine, and visa versa. (Although you should always specify where a piece has been published before so that they are aware of what market the piece appeared in.)

Another form of first rights is first electronic rights and first print rights. Sometimes print market will buy the rights to a piece that has been published electronically, and visa versa. Be careful though, always make sure that you own the first rights to an alternate market before you resubmit it with first rights.

One-time rights: The right to use a work once. For example, if you are submitting the same piece to two (usually non-competing) markets and offering them both a chance to print the work. Again, tell the markets you are submitting to. Another was it is used is when as electronic magazine purchases this right in order to publish the story without archiving it.

Perpetual Rights: The right to keep using your work. (As in keeping them up on the sire of an online magazine indefinitely.)

Second serial or reprint rights: Just what is sounds like - you are giving a market a chance to reprint a story that has been previously printed elsewhere. (Again, tell the market you are submitting to where it was previously published.)

Archival rights: The right of a market to keep your work archived (for instance in the archives of an online magazine) either for a specified amount of time or indefinitely. How long a story will be archived for is very important to know, because sometimes markets that accept reprints will not accept a piece that still available online. In addition, a market might specify that they have exclusive or non-exclusive archive rights, which tells you whether or not it can appeare in more archives than the original market.

Anthology rights: The right to reprint your work in an anthology. With both this and archive rights make sure you know what you are giving up - when you sell these rights you will not be compensated by the market for this extended usage unless they have specified otherwise.

All rights: Just what it sounds like - while you are NOT giving up the copyright to your work, you are giving up ALL rights to publish your own work - unless you renegotiate down the road (which many markets are not be willing to do) you will not be able sell it as a reprint, publish it in an anthology, or even put it on your personal site.

Work for hire: As I am primarily discussing fiction, this probably won’t come up much, but I think it is important to mention. Work for hire is a very slippery slope as not only does the market you are writing for obtain all rights for the work you do under their umbrella, but they are actually also are considered the CREATOR of the piece. For more information read What Writers Should Know About All-Rights and Work-Made-For-Hire Contracts by the American Society of Journalists and Authors.

In addition to these market there what is called subsidiary rights, which mainly come into play when talking about a book.

Basically, subsidiary rights are the right to do anything at all with the writing other than publish it as a book. So, unless you sell subsidiary rights to the publisher, you still own the right to publish your work as a movie, film, videotape or audiotape, and electronic rights, translation rights, book club rights, foreign rights, etc. - Writer’s Rights: Know What Rights You’re Selling

However, dealing with compensation and/or retaining these rights are what an agent is for. Or, if you are self-publishing, you retain all your rights until you decide to sell them. However, if you are dealing directly with a publisher, it is well worth your time and effort to research the deal they are offering you to make sure that it is good for you, not just sweet for them.

Other sources on rights:

Blood and Ink: Publishing Rights
The Business of Writing: Minding the Details