T. Gene Davis's Speculative Blog

[CuriousMonkey]

I hope I found the right thread for this question.

I was considering submission of a flash story to this publisher: http://tgenedavis.com

My concern is that I don't fully understand the contract, specifically where it talks about giving the Publisher the right to edit the story. Would someone kindly translate this into simpler English?

http://tgenedavis.files.wordpress.com/2014/01/sample_author_agreement.pdf

If I've placed this question in the wrong section, I apologize. There are just so many threads here. Thanks in advance to those who reply.

 

[CaoPaux]

The "Unfinished Writing" clause? You're giving them the right to modify your work without your input or approval.

 

[victoriastrauss]

Other caveats:

- No term is stated for the primary rights granted in the agreement. Is it one-time publication rights? Perpetual publication rights? What?

- It's not clear whether the grant of rights is exclusive or non-exclusive. If non-exclusive, the term isn't as important, because you'd have the right to publish elsewhere. If exclusive, you could be granting rights for the life of copyright.

- The contract claims the non-exclusive right to re-publish the work--but without any compensation to you.

- If you ask the publisher any of these questions and he answers but doesn't amend the contract to reflect his answers, you should note that there's an "Entire Agreement" clause, which ensures that nothing is binding on the publisher except for the letter of the contract.

All in all, this reads to me like a contract created by someone without a very good understanding of rights. Even if that weren't so, the "edit at will" provisions would be a deal-breaker for me.

- Victoria

 

[Filigree]

At first glance this looks like a 'clean' display site claiming 10,000 members. Has it launched careers? Does it offer any advantage beyond publishing on a fan fiction site?

ETA: I see that he pays $50 for first rights, and any anthology publication after. By that metric, any other sales will have be reprint rights.

 

[Aphotic Ink]

Just updating this with the note that he now offers $75 for the right to publish the story on the blog and in the annual anthology. Everything else flagged as an issue still seems to stand, though.

 

[CaoPaux]

Updating URL: http://freesciencefiction.com/

Pay now $100.

 

[CaoPaux]

No recent activity. In Aug '17, subs closed "until after publication of current anthology", of which there is no sign.