Does posting on AW count as publishing?

JMHO but if you entered the story in a contest, it meets the critieria of "Previously broadcast or otherwise distributed."

AW does not count as publication.

What they said. Special circumstances apply, namely you didn't post in a public forum (SYW being passworded), plus you posted a WIP version to a closed group for critique purposes.

-Derek

shakeysix said:

about a year ago i did an entry for a western fiction contest on aw. the story had decent feedback and now i'd like to enter it in a contest. the contest rules state that the entry must not have been published OR "not have been previously broadcast or otherwise distributed or disseminated in any media or format"--does this mean aw too?--s6

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I guess I missunderstood. I thought I read you "did an entry for a western fiction contest" my bad.

I don't think this is the answer you're quite looking for, but posting on the Internet, anywhere written material can be viewed by the public, is, I believe, legally considered publishing, but only from the standpoint of being liable for your words. For instance, if you were to libel or defame someone, then posting on a public forum would be considered publication.

For the purposes of a contest, I doubt posting on a public forum in order to ask for critiques constitutes publication. More likely they have formal publication in mind, whether it's by way of a printed book, ebook, radio program, TV program, etc. The bottom line, however, is that only the contest's administrator could tell you for certain.

Is there any way for you to contact this person or persons to ask? The contest administrators I've known have been pretty nice about replying to questions, and that way you would know one way or the other, rather than simply guessing, or paying an entry fee, only to find out you're disqualified.

I don't think this is the answer you're quite looking for, but posting on the Internet, anywhere written material can be viewed by the public, is, I believe, legally considered publishing

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Actually, this isn't quite correct. We're talking about multiple areas of law here, and while I'm not an attorney (nor do I play one) I do follow the IP laws very carefully. The trick is that we're actually talking about THREE different areas of law here:

1) Copyright: Copyright doesn't actually contemplate the sale of a work to be "published." When it turns into "published" is when it is distributed to the public with intent to sell it. The mere public display of the work doesn't make it "published". It's wise to read through the rights and rules about copyright when looking for definitions.

2) Contract: This is where the OP's question lies. "Publication" for the purpose of First Rights to a work in order for a publisher to PAY to have it published is very subjective. There's no firm test out there right now. What's considered by one magazine/publisher/contest to be "published" might not be considered such by the next. It all comes down to whether the publisher believes they can make money on it. The frequent objection to online display is that it's already been viewed by the buying public---so why pay good money to the author when the end buyers won't buy it? Often this is the question with a contest, as the winner (and all entries must initially be considered the winner) MIGHT be published. It's all up to the individual contest board as to whether "first rights" have extinguished. It's wise for an author to be upfront about the status of the work. If you intend to enter it, shakeysix, remove it from this site and others where it might be viewed by NEW people and simply tell the editor/administrator. I'm the cautious sort, so I'd mention it in the letter accompanying the story to the contest board. They'll either say yes or no. No harm in asking.

3) Criminal/Civil: This is what Aileen refers to and again, it's subjective. A suit for libel or defamation could point to the easy availability of the negative information, but the burden of proof would be on the Plaintiff on whether any defamation actually occurred by the words. It doesn't affect your ability to enter or even publish your story in this instance, since you fall under option 2).

IMO, give it a shot. Worst they'll do is say no. Good luck!