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Nightmare Magazine

editing_for_authors
Editing for authors: because every writer needs a good editor.

Corinthianblue

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With my newbie status in short story publications, I wondered what are considered "standard" contracts.

I ask this because this site "http://www.nightmare-magazine.com/" has offered a full display of their contract should an offer be extended. Is this a normal contract?
 

Corinthianblue

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NIGHTMARE
MAGAZINE
Memorandum of Agreement
This contract is made between John Joseph Adams & Creeping Hemlock Press, of 3375 Via Dona, Lompoc,
CA 93436, and their successors and assigns, hereinafter referred to as the PUBLISHERS, and
_______________
_______________
_______________
hereinafter referred to as the AUTHOR.
The parties agree as follows:

1. The Author grants permission to include his or her story “______________” a work of approximately
_____ words, hereinafter referred to as the WORK, on the Nightmare Magazine website found at www.
nightmare-magazine.com and/or in an electronic (ebook) edition of Nightmare Magazine available for
download from its and its distributors’ websites.

2. This use of the Work by the Publishers entails the assignment of First World Rights, for publication in
the English language.

3. (a) The Author agrees not to publish or permit others to publish the Work in any form prior to its
publication in Nightmare Magazine or for a period of six (6) months after the publication in Nightmare
Magazine without the prior written permission of the Publishers. If the Work is selected for a “best of the year”
anthology, the Publishers agree to waive this clause, provided the Author gives the Publishers prior written notice
of the selection by such an anthology.
(b) The Author further grants the Publishers the right to nonexclusively archive the Work online as long
as the Publishers maintain the Nightmare Magazine website.

4. For the rights granted to the Publishers above in Clauses 1, 2, and 3, the Author will receive a payment
by check in the sum of $[5 cents per word], which will be paid on acceptance.

5. (a) The Author grants to the Publishers the nonexclusive, worldwide English-language right to republish
the Work or cause the Work to be republished in any book or anthology consisting of material at least 50% of
which originally appeared in Nightmare Magazine, and which includes works by more than three or more
contributors.
(b) The Author shall receive a pro-rata share of 50% of the book or anthology’s earnings, if any, beyond
the initial advance, which includes income from all licensed editions, including hardcover, paperback, book club,
audiobook, ebook, and foreign language editions of the book or anthology. Subsidiary rights money will be
distributed within 30 days of receipt by the Publishers, so long as a minimum of $10.00 is due to Author. No
payments for subsidiary rights sales will be due until actually received by the Publishers.
(c) The Author shall receive one free copy of the first edition of the book or anthology.

6. The Author grants to the Publishers worldwide audio rights to the Work, subject to the same terms as
specified in clause 3 solely for use in Nightmare Magazine's podcasting program, provided that those rights are
exercised within six months of publication of the story in Nightmare Magazine. The Author also grants to the
Publishers the additional, nonexclusive right to collect the audio edition of the Work in the future in an audiobook
compilation consisting of material at least 50% of which appeared in Nightmare Magazine, and which includes
works by more than three or more contributors.

7. For the rights granted to the Publishers above in Clause 5 and Clause 6, should either or both be
exercised, the Author will receive a payment in the sum of $[1 cent per word], each time, which will be paid no
later than thirty (30) days after initial publication. (“Initial publication” being defined as the date on which the
publication or release is made available to the public.)

8. The Author grants Publishers the right to use the Author’s name, image, likeness, and biographical
material for all advertising, promotion and other exploitation of the Work. Upon request, the Author shall provide
the Publishers with a photograph of the Author and appropriate biographical material for such use.

9. All rights not expressly granted by the Author reside exclusively with the Author.

10. The Author warrants that he or she is the sole author of the Work; that he or she is the owner of all the
rights granted to the Publishers hereunder and has full power to enter into this agreement and to make the grants
herein contained; that the Work is original and any prior publication of the Work in whole or in part has been
fully disclosed to the Publishers; that the Work does not violate the right of privacy of any person; that, to the
Author’s knowledge, it is not libelous or obscene and contains no matter which is libelous, in violation of any
right of privacy, harmful to the user or any third party so as to subject the Publishers to liability or otherwise
contrary to law; and that it does not infringe upon any copyright or upon any other proprietary or personal right of
any person, firm or corporation.

11. The Author will indemnify the Publishers against any loss, injury, or damage finally sustained (including
any legal costs or expenses and any compensation costs and disbursements paid by the Publishers) occasioned to
the Publishers in connection with or in consequence or any breach of this warranty and which the Publishers is
not able to recover under its insurance policies.

12. The Publishers will make no alterations to the Work’s text or title without the Author’s written approval
in e-mail or hardcopy. The Publishers reserve the right to make minor copyediting changes to conform the style
of the text to its customary form and usage.

13. If the Publishers fails to publish the Work within 24 months of the date of this Agreement, all rights
granted hereunder shall immediately revert to the Author. In such event, the Author shall retain any payments
made under this Agreement prior to such reversion.

14. The Publishers agree to list a proper copyright notice for the Work in the name of the Author at the end
of the Web-published story and, if published in print, on an appropriate copyright page.

15. The Author will be credited on the table of contents page and at the beginning of the story as
_________________.

16. Regardless of its place of execution, this agreement shall be interpreted under the laws of the State of
California.
The parties acknowledge that each party has read and understood this contract before execution.


This is the contract in full. Now he also wants a SSN or Tax ID number when we sign. I absolutely refuse to give that information away. I guess that would be a deal breaker for me.
 

Aggy B.

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This is the contract in full. Now he also wants a SSN or Tax ID number when we sign. I absolutely refuse to give that information away. I guess that would be a deal breaker for me.

So, then, you don't consider writing and getting paid to be a job? Any employer would ask for a SSN.

Not every publisher asks for it until you break the $600/year mark with them, but it's NOT sketchy for them to request that information with the signature on the contract. (If they wanted it as part of the submission process, that would be a red flag. But the contract says you have done work for them and they are paying you.) If you consider giving them that information to be a "deal-breaker" then you'll be stuck selling to very small markets for the rest of your career.

As for the contract, it's pretty standard aside from the audio rights clause, but they do specify what the pay-rate for an audio version of your story would be so that's kosher as far as I can tell. (Audio rights used to be negotiated separately because they were so rarely used, but pod-casting is changing that for the larger markets.)
 

Corinthianblue

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I think I'll get a Tax ID instead. I don't really trust anyone with my SSN. I know how hard it really is to steal someone's identity, but an SSN is one of the fastest ways to start that process. I do like the insight though.
 

JulieB

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The IRS changed their rules a few years back, and publishers are now required to send a 1099-MISC when royalty amounts are $10 and up. It's my understanding that the $600 amount would apply to an advance.

Also, the publisher cannot legally pay you unless they have your SSN or Tax ID on file. They're just following the law.
 

eqb

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This is the contract in full. Now he also wants a SSN or Tax ID number when we sign. I absolutely refuse to give that information away. I guess that would be a deal breaker for me.

It's a standard contract, yes. I might negotiate the right to remove my story from the online archive on request, but that's just me.

And yes, you do need to give them your SSN. That's standard business practice, since the income is taxable.
 

Terie

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I think I'll get a Tax ID instead. I don't really trust anyone with my SSN. I know how hard it really is to steal someone's identity, but an SSN is one of the fastest ways to start that process. I do like the insight though.

Seriously....if you can't trust a publisher with your SSN, why are you bothering to work with them at all? If it's a reputable press, you have nothing to worry about; if it's not, why would you want them to publish your work?

US companies that pay freelancers are required by law to report earnings over a certain amount, and to do this, they need proper identification. If this bugs you, you're really in the wrong business and shouldn't be freelancing at all.
 

eqb

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There's nothing wrong with using a Tax ID instead of your SSN. (I do that myself.) But don't do it because you're afraid of identity theft.

And just a reminder to the OP: if you do sign with an agent, they too will need your Tax ID or SSN, since they will handle your income from advances and royalties.
 

shaldna

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As the others have said, you will need one or the other - if you are a non-US citizen then you will need an ITIN. If you don't provide one and are from outside the US then you will have 30% of your earnings witheld as tax - and you will still have to pay tax on the remaining 70% in your own country as money earned from writing is an income like all others.

If you don't want to provide a SSN then get a tax id number. Either way, if you want to get paid for writing your gonna need one or the other.
 

Corinthianblue

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Seriously....if you can't trust a publisher with your SSN, why are you bothering to work with them at all? If it's a reputable press, you have nothing to worry about; if it's not, why would you want them to publish your work?

US companies that pay freelancers are required by law to report earnings over a certain amount, and to do this, they need proper identification. If this bugs you, you're really in the wrong business and shouldn't be freelancing at all.

This honestly is the first time I've heard of this law. I appreciate the advice but you don't need to sound condescending about it.

But thank you for letting me know, guys. I really do like knowing these things.
 

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