Legal mumbo jumbo

rockenrollen

Registered
Joined
Jul 20, 2006
Messages
13
Reaction score
1
Location
Fort Wayne IN
Website
www.gather.com
Can someone explain exclusive rights and non exclusive rights..In relation to manuscripts
If I sell exclusive rights to a word poem... can I still create a picture book manuscript later with the same title as the word poem?
Rockenrollen
 

Stijn Hommes

Know what you write...
Super Member
Registered
Joined
Aug 3, 2006
Messages
2,309
Reaction score
128
Location
Netherlands
Website
www.peccarymagazine.5u.com
What is a word poem?
Anyway, selling exclusive rights means only the publisher you sell it to can publish the poem. As long as the picture book is something entirely different than the poem, you could use the same title, but people who know your work could then easily mix the two up because they wouldn't have distinctive names. I would not recommend re-using your title.
 

Cathy C

Ooo! Shiny new cover!
Kind Benefactor
Absolute Sage
Super Member
Registered
Joined
Jun 5, 2005
Messages
9,907
Reaction score
1,835
Location
Hiding in my writing cave
Website
www.cathyclamp.com
Are we talking magazine stuff? If so, then both "exclusive" and "non-exclusive" deal with the concept of "First Rights." When you sell first rights (whether First North American, or First World, etc.) you're selling them the right to be the first to publish it in the location set. Usually, there's a time limit on the exclusivity--whether a month or six months or a year--from the time the issue hits the stands. Thereafter, rights in the work are relegated to "Reprints."

Non-exclusive means you can publish the short in more than one place at a time. There's no time limit before you can re-sell it. Generally, it's considered good manners to tell the others that it's been published, and you can't LATER sell exclusive rights to another publisher, even if the first publisher is non-exclusive. They will all have to be non-exclusive for it to work.

Now, if you're combining that with a BOOK, where first rights also exist, then there could be problems. See, the book publisher WILL want first rights. Sometimes, you can work with the contract paragraph dealing with "Second Rights" which is magazine work, and have the publisher allow the previous publication. In the case of exclusive rights, you couldn't enter into a book contract until after they expire. Often this is allowed when it's a well-known magazine, like Highlights for Children or such, because it's to the book publisher's benefit to have the exposure of the short. Parents will still buy it because there are pictures, which the Highlights story might not have (or they'll at least be different.)

Still, it's a question for an agent or a publishing attorney. They'll need to word the contract so that everybody plays fair. I wouldn't try to work it by yourself.

Good luck!
 

rockenrollen

Registered
Joined
Jul 20, 2006
Messages
13
Reaction score
1
Location
Fort Wayne IN
Website
www.gather.com
more info from Rockenrollen

Thx for the feedback
The piece that I am speaking of is a 50 word poem that has been accepted for Highlights the Magazine
I am reading the contract that they sent me and the phrases Exclusive and non exclusive among others came up..
Any other ideas that may help?
Rockenrollen
 

Soccer Mom

Crypto-fascist
Kind Benefactor
Super Member
Registered
Joined
Jul 5, 2006
Messages
18,604
Reaction score
8,039
Location
Under your couch
Highlights purchases all rights. You couldn't resuse the work. Highlights will pay you again if the work is published again in one of their anthologies. They're very good about that sort of thing. You'll often see your work published several times with the corresponding checks. But they own it.
 

Soccer Mom

Crypto-fascist
Kind Benefactor
Super Member
Registered
Joined
Jul 5, 2006
Messages
18,604
Reaction score
8,039
Location
Under your couch
Ah. I knew we had discussed Highlights recently. Here's a previous thread chock full o' info about Highlights sales.
 

rockenrollen

Registered
Joined
Jul 20, 2006
Messages
13
Reaction score
1
Location
Fort Wayne IN
Website
www.gather.com
A dream come true

I have wanted to be published in Highlights since I was a little boy..
Soooooooo...
I just sent back my contract for a short poem(52 words).
icon7.gif
I wrote that poem last spring at one of the Founders Workshops.

I sent it in and have had no less then 5 rewrites before the 6th one was a charm...I got serious help from Kim Griswell(coordinating editor)
Also have gotten help from Andy Boyles(Science Editor) with a book idea.
I recommend to everyone to think about attending a founders workshops. They allow you to meet many of the staff(At Boyds mills and from the magazine) Also you will get to see the House that Dr. Garry Cleveland Myers and his wife Caroline Clark Myers lived in.
When I went I was able to meet Kent Brown..and I actually had lunch with Judy Burke..(I had just arrived for my workshop and she and another member of the office staff were going to lunch and they asked me to come along)..'bout them apples?

My questions is about the scholarship process for the summer workshop at
Chautauqua? I applied last year and was not accepted( not upset) just looking for some more info as to how that process works...So I can do better next year..
Rockenrollen