How often do we really take in the fine print or even check out the terms and conditions of the magazine or website that accept our pieces? And do we after the first thrill of being published fades, find, we’ve signed off more than we bargained for? Blithely we also tend to indulge in simultaneous submissions with nary a thought to the repercussions. It is only as we go along or when we are hauled up that we find that there are ‘rights’ that more than meet the eye! Many of us rarely pay attention to this all important issue of ‘Rights’.
What are ‘Rights’
When you write an article the copyright to it automatically belongs to you. The article is your property. When a magazine or whatever pays you x sum for it you give them the ‘right’ to use it. Now what kind of usage ‘right’ that has been demanded of you (or that you’ve given) is generally stipulated in the terms and conditions of that print or electronic source. And that should be very important to you as a writer. As you need to decide before hand whether you want to give them that right or not for that x-amount. And once you do, you need to abide by that.
Yet most freelancer writers tend to err – usually unknowingly. Also since editors very seldom bother to reply or acknowledge, freelance writers- more often than not -rarely get to know if their uncommissioned work has been used or rejected till it actually comes out. So to ensure publication, simultaneous submissions become the norm. And then when the same article appears all over the place the ‘Rights’ issue takes on a whole new hue! But luckily or unluckily as the case may be it is still at a nascent stage in India unlike the west and both publisher and writer (except the big names) are as yet a little tardy in either protecting themselves or enforcing it.
All rights: Something to be avoided at all costs. Once a publication buys ‘all rights’ to your article it belongs to them in perpetuity. They can re-sell, post, reprint or do whatever with it while you look on helplessly. So if you are to give up all rights make sure it’s worth it monetarily.
First rights: Gives a publication the right to be the first to publish it wherever decided upon -medium, area.
One-time rights: Gives them theright to publish it just once, not necessarily first unless both are specified
Reprint rights: Gives them the right to re-publish an already published piece. They need to be informed that it has already appeared. Pays less
Exclusive rights: Gives them the right to publish for an xyz period -during which period it cannot be published anywhere else
Non-exclusive rights: Gives them the right to publish for xyz period but also allows you the right to publish/sell it to others as well
Language/Translation rights: Gives them the right to have it translated and published in specific/other languages
Commission rights: Gives them all rights to anything commissioned by them. They own it totally as it has been specifically commissioned by them. It is also known as ‘work for hire’ and is similar to all rights.
Anthology rights: Gives them the right to publish it along with works of other authors in a collection
Electronic rights: Gives them the right to publish it only on the internet as opposed to print unless specified otherwise
Archival rights: Gives them the right to archive it on the net. It allows them to keep it alive forever unless period is specified
Excerpt rights: Gives them the right to reproduce/publish some excerpts or parts of your piece for an xyz period of time
First world English rights: Gives them the right to publish first in all English speaking countries
First North American/British/Canadian/Australian rights: Gives them the right to publish first in each of the above countries respectively
Kill Fees: Gives you the right to an agreed percentage of the amount even if it is rejected and also the right to get it published elsewhere.
- Sreelata Menon
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