Reprint Ques

[Twizzle]

this is probably a dumb one, just warning you. :) It's just me, trying to avoid looking like a jackass. (yeah, I'm trying something different this time.) So, I started researching some markets for reprints on some short stories I have. And the markets all said reprints? No problem. Just prove to us you own the rights we want. Um, how exactly does one prove this? Thx!

[Twizzle]

someone? anyone?

[Sheryl Nantus]

you should have signed a contract when you sold the story originally - check it out and see what rights you gave them exactly.

if you've lost the contract or can't remember you can always contact the market and ask them their position. Unless you signed away ALL rights in a drunken stupor you should be fine, IMO.

:)

[badducky]

It's a good idea to keep an eye on your short story contracts, especially because of reprint markets.

Most legitimate markets won't do you wring, even if they could legally get away with it, but it only takes one hiccup *cough*DragonMagazine*cough* to lose something forever.

Never be afraid to negotiate contracts with your short stories. If they aren't offering you terms that make reprints easy, you probably don't want to work with them to begin with.

[Pike]

Hey Twiz.

Most contracts from short story markets ask only for exclusive first-time print or first -time electronic rights. Some web publishers will want to archieve a story for a period of time as well. If you're unsure, contact the publisher you scored with originally to see what they have for rights to your story and about reprinting it. I wouldn't think there'd be a problem seeing how there should be a tagline on the reprint as to where it saw print first. That's free advertsing for them.

Good luck,

Pike

[Twizzle]

okay. my oops. I meant shorts were there's no contract. Let's say their websites detail what rights they take. But there was no contract. Or like newspapers-where there's no contract, it's just one-time rights. What then?

Don't worry. I have contracts on most, and kept the copies. I retain all rights. I was wondering about ones where there's no contract.

[Pike]

If it was "one-time" rights, then there shouldn't be a problem. They used it and then it immediately reverts back to you. I was trying to think of where you would find more specific info on writer's rigths but came up blank. I'd say do a web search for the exact details. But if all they asked for was one-time you should be in the clear. You can then direct the new, intended publisher to that site so they can see for themselves.

There's my limited, unprofessional thoughts. Maybe a real pro on the board, like James Ritchie, could shed some light on the subject. Or Kate - she should have some insight.

Pike

[badducky]

Contracts are your friend. If there is no contract, get something in writing about exactly what rights they're using, and how long they want 'em.

With on-line markets, something I see a lot that bugs me is how they only want first serial rights, but then they'll leave the text archived until the end of time.

You need to be able to take stories down from the archives upon your request.

Otherwise, that's a first serial rights that never ends.

[Twizzle]

thx guys. what stumps me is how the pubs that take the reprints want you to "prove" you own the rights, but without a contract to point to, how do you prove it? other than being upfront, saying here's where it was published and here's what their guidelines say, is there anything else you're supposed to do?

[badducky]

You can always e-mail the initial editor, too, and ask them to drop the reprint market a line about the rights question.

Still, the one time someone tried to buy something without a contract - just on word of mouth - I balked and insisted on something in writing that spelled things out for us. They, then, turned around and made such a thing GP for their e-publication.

[Stijn Hommes]

thx guys. what stumps me is how the pubs that take the reprints want you to "prove" you own the rights, but without a contract to point to, how do you prove it? other than being upfront, saying here's where it was published and here's what their guidelines say, is there anything else you're supposed to do?
You could ask the first editor to contact the second, but basically pointing them to the submission guidelines of the old market should be fine.

[Twizzle]

thank you, Stijn!

[eqb]

You could ask the first editor to contact the second, but basically pointing them to the submission guidelines of the old market should be fine.

You don't even need to do that. (Thought it won't hurt.) Editors want your assurance you own the rights, but you don't need to provide documented proof. Usually, signing the new contract is your promise to the new publication that you have the rights to the story, and it's okay for them to reprint it.

[Stijn Hommes]

True, but not all publications work with contracts...

[eqb]

True. But few, if any, publishers require that you provide documented proof that you hold the rights to your story. (I've only run across one who explicitly required proof, and they were clueless in so many other ways, it wasn't funny.)

[astonwest]

Usually, signing the new contract is your promise to the new publication that you have the rights to the story, and it's okay for them to reprint it.That, and the indemnification clause in most contracts likely means you'll be the one taking it in the shorts if you didn't have those rights...

[Twizzle]

well, I figured I'd just go for looking like an ass and asked what they meant by prove, esp in regards to works that were published without a contract. Both emailed back and said the same thing, I would have to sign their contracts which-hats off to astonwest- said I was claiming I owned the rights and would take it in the shorts if not, and would have to provide the submission guidelines of the old market like Stijn said. So, I have no idea if these two responses are standard, but that's what I got. :Shrug: Now, I just have to get them to accept my stories...argh.