Contract questions - short story contest

Newdaddy06

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Hello,
Well, having never published anything before, I won an Amateur Short Fiction contest. First of all, let me say that I am thrilled. I didn't think it would affect (effect? See - totally amateur) me as much as it did.

The winner gets published in a science-fiction convention program/fanzine, and on the web site of the organization. There is a contract for me to sign. Needless to say, I have no experience with this.

I'm going to paste all the significant portions of the contract, with names XXXed out, at the bottom of this posting.

So I have some misgivings about the contract, maybe unreasonably, but I just wanted to get some opinions.

- Does this have all the necessary stuff? Does it look like a contract one would reasonably sign, on publication of a short story?

- Is it reasonable to add something explicit that states that, so long as the story is on the organization's web page, it must also include my name and contact info? (Say, a link to a web page?)

- Is it possible/meaningful/reasonable to stipulate that these are North American rights? That they exclude audio rights?

- Is it even plausible that another science fiction magazine (Asimov's, say, or Strange Horizons) would consider publishing this story if it were offered them subsequently? The publication run of the conference program/fanzine is ~2000 copies, I believe, but as you can see, unspecified by the contract. The publication on their website seems open-ended.

Probably the cost of taking this to an actual lawyer would exceed the prize money, so any insights or suggestions you can make will be well appreciated. Thanks.

------------- Here comes the contract text ----------------

This agreement between XXXXXX ("author") and YYYYYYY ("YYY") is for purchase of publication rights covering the work known as "ZZZZZ" The author warrants that s/he has legal authority to grant the rights explained below.


YYYYYY intends to publish the work both on the website YYY.yyy, and in the May 2016 issue of YYYYFan, a yearly convention guide published at the convention YYYYcon. From July 1st, 2016 onwards, YYYYY will hold non-exclusive publishing rights to the story therefore from that point onwards the author may feel free to attept to get the story published in other venues. YYYY encourages the author to do so. However, as YYYY maintains non-exclusive rights to the story for five years, if YYYY ever decides to do an anthology of some kind collecting stories from the YYYYY Amateur Writing Contest, ZZZZZ may be included for a nominal payment of $10.00 to the author.


The author will receive a $250.00 payment for this story, mailed to them as requested.


By signing this contract, the author understands and agrees to these terms.
 

Polenth

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I hate it when markets send quick emails with rights instead of formal contracts, as it often ends up being vague. But on the content, round the houses though it may be, the rights they're asking for don't look unusual. They've stated the reversion process, and it's not linked to publication date, so everything will revert to you whether they publish or not. It's not open-ended as their non-exclusive rights end five years from the date. That includes their right to publish it on their website.

They haven't stated they want to buy audio rights or that they want the right to say they're the author of your work. It's usually assumed (in a legal contract sense) that a sale is for the minimum rights needed to publish a work, and anything above that needs to be stated. The minimum for a basic sale like this is first global rights (it's online, so it has to be global). Then they get the other things they've stated like the exclusive period. But they don't get what they haven't asked for.

Which is really open to confusion, angst and legal battles. Hence why there are contracts and why it's nice if they have a lot of clauses covering everything. But if it were me, and I knew the convention was above board, I would agree to the terms. Ask if audio rights were intended to be in the contract if you think that's an issue... but as SFF audio markets are reprint markets, stopping the convention from doing a podcast isn't going to gain you anything.

I've never signed a contract that stated they had to publish contact information / my website. That's an unusual thing to want added, to put it mildly. But chances are they're going to ask you for a bio, so make sure you include your website there. You will be submitting the story as a reprint once the exclusive is over, so only to markets that take reprints... which isn't most of the big ones. Reprint sales can end up being more than original sales, as you can keep reselling reprints forever, so don't worry about that too much.
 

WeaselFire

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- Is it reasonable to add something explicit that states that, so long as the story is on the organization's web page, it must also include my name and contact info? (Say, a link to a web page?)

You can ask for anything, but this is a pretty unusual request.

For your others, ask. You may get a yes, you may get a no or you may be dropped from the contest. Need to decide what's important to you.

As for a main-stream high end publication republishing, likely not. Asimov's only buys first rights, others are likely similar.

Jeff
 

Newdaddy06

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Thanks to you both for responding. I had rewritten what they sent me, using some bits from the SFWA sample contract, and sent that back with a note. But I haven't heard back since - its not clear whether I annoyed them or just baffled them. If I don't hear back by the end of the week, I will probably just sign the original contract. I don't think there's any malign intent on their part.

One thing that still does bother me about the original contract though, is that apparently I'm the only one to sign it. (There's only place for one signature at the bottom of the document.) For it to be valid contract, doesn't it need to be between two (or more) parties?
 

Polenth

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Thanks to you both for responding. I had rewritten what they sent me, using some bits from the SFWA sample contract, and sent that back with a note. But I haven't heard back since - its not clear whether I annoyed them or just baffled them. If I don't hear back by the end of the week, I will probably just sign the original contract. I don't think there's any malign intent on their part.

One thing that still does bother me about the original contract though, is that apparently I'm the only one to sign it. (There's only place for one signature at the bottom of the document.) For it to be valid contract, doesn't it need to be between two (or more) parties?

The thing about sample contracts and all that, it's talking about an ideal world where everyone has standard contracts and does things the same way. It doesn't work like that for real. I've never had two contracts the same. The way they're signed also varies, from an email where they said here are the rights we want and I replied back with okay, to electronic signature systems, to wanting it printed and mailed. Some sent me back countersigned contracts and some didn't.

Your main choice is to take the contract or leave it. But don't leave it simply because it doesn't follow the SFWA template, as you're going to find out very few markets use that template. The things you need to be sure of is it doesn't lock your story up forever (including if they fail to publish) and whether you think the payment is worth any hassle it might bring. In this case, it looks like a decent payment to me and it clearly releases the story at a set date. But the final choice is down to you.