Not happy with publisher

BlackFlag

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I made the mistake of submitting one of my better stories to a magazine, not knowing at the time that they accept pretty much anything. Since it's already said and done now, there's really nothing I can do about it. But I was wondering how I should proceed in the future with publishing this particular piece, that I am very proud of?
 

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That depends on your contract with the magazine. What rights did you sell?
 

BlackFlag

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It says on their website that the story is mine, that I'm just giving them the right to publish it.

I'm not gonna mention the name of the magazine for obvious reasons, but they don't seem very professional at all.
 

Deleted member 42

It says on their website that the story is mine, that I'm just giving them the right to publish it.

I'm not gonna mention the name of the magazine for obvious reasons, but they don't seem very professional at all.

Errr . . . they didn't send you a contract?

Is there a time limit? Is it digital rights only ?
 

BlackFlag

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Um. . .I just dug up the acceptance email from them and nothing of the sort is mentioned.

I'm beginning to feel ever more foolish as this goes on
 

Ari Meermans

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There absolutely is something you can do about it. My recommendation is that you stay professional (whether they are or not) and reply to the acceptance email. Your email will reference the fact that you received their acceptance below on (date) but you have not received a contract as of (this date). Then, giving them at least 10 days to send the contract, state that as of (date--make this the day after your time limit) the story will no longer be available and is to be considered withdrawn.

If they do not respond, all is golden and you retain all rights including first rights. If they send the contract, and you don't wish to sign it, you can refuse it. I recommend this option only if the contract is not in your best interests. If you're happy with the contract, then fine. Otherwise, reject the contract and still retain all your publishing rights.

In the meantime, I recommend that you google "publication rights" and bone up on them to protect yourself in the future.

Those are my thoughts.
 
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Old Hack

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... If they do not respond, all is golden and you retain all rights including first rights. ...

My bold. If the story has already appeared (and as I understand it, it's up on the publisher's website right now) then first rights are gone. There can only ever be one first time for anything.
 

Polenth

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Have they published it yet? If they have, first rights are gone. You can resell it as a reprint, but don't put all your eggs in one basket. Write some more stories too, rather than focusing everything on that one.
 

Ari Meermans

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My bold. If the story has already appeared (and as I understand it, it's up on the publisher's website right now) then first rights are gone. There can only ever be one first time for anything.

Yes, if the piece has been published online, at least some first electronic rights are gone. I was keying off the fact that the OP referenced an email acceptance of his piece with no mention of further contact. I'm afraid I made an assumption there that the piece hasn't yet been published.

If the piece has been published, without a contract it's hard to know just what rights the magazine has taken. That's a whole new ballgame. Did they take first exclusive electronic rights (if so for what time period)? How do they define electronic rights? Does the magazine consider these to be web only? Or, does it consider the rights to include all forms of electronic media--web, CD-ROM, ebook?

There are too many unanswered questions if the piece has been published and my original post only applies if the piece has not yet been published.
 

Old Hack

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Are first print rights separate from first digital rights, or are they combined in a first published rights?

"First rights" refer to the first time ever a book is published, no matter what the form; "first print rights" refers to a first print publication; "first digital rights" refers only to electronic publication.
 

Ulee_Lhea

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Reading this thread with interest. Does it mean anything that BlackFlag never explicitly granted rights to the publisher (by contract or e-mail)?

If he gives them permission to publish with no discussion of rights, are certain rights implied?

Maybe some of the veterans can chime in on this one.

BlackFlag, sorry to hear about your story. I think we all take missteps when we enter the confusing world of writing and publishing.

If you're looking to sub to a more competitive fiction market, Duotrope lists acceptance rates in their database.

I've also found it helpful to read through an issue or two of the magazine -- even print pubs sometimes offer digital copies online.

Good luck!
 

WildScribe

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Reading this thread with interest. Does it mean anything that BlackFlag never explicitly granted rights to the publisher (by contract or e-mail)?

If he gives them permission to publish with no discussion of rights, are certain rights implied?

Maybe some of the veterans can chime in on this one.

BlackFlag, sorry to hear about your story. I think we all take missteps when we enter the confusing world of writing and publishing.

If you're looking to sub to a more competitive fiction market, Duotrope lists acceptance rates in their database.

I've also found it helpful to read through an issue or two of the magazine -- even print pubs sometimes offer digital copies online.

Good luck!

As I recall, without a contract it is assumed that the writer grants the publisher one time, non-exclusive rights to publication. That means that he can resell the piece if anyone else will take it. But having it published in a less than reputable format and losing first rights does rather limit the number of reputable publishers who will ever consider reprinting it. First rights are like virginity - you just can't get it back.
 

Bushrat

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How often are you able to actually re-sell the very same article, though?
I find that because different magazines tend to have a different angle and prefer different article lengths, the piece needs to be rewritten anyway so that by the time I'm done, it's quite different from the original.