Monday, July 13, 2015

Contract Signing: What Rights Are Publishers Looking to Buy?

So it’s finally happened – you’ve gotten the long awaited acceptance letter. After a string of rejections, what a relief to see confirmation that your work is ready to be read by the world! This is the big moment when you get to celebrate seeing your name in print (and of course, seeing your name in print on a paycheck as well).

If you’ve done your research, you should know already what your contract is going to look like when it arrives from the publisher. But do you really understand what all that jargon means? Now is not the time to just sign your name in glee and skip over the fine print. Bad things still happen to authors who aren’t careful, and inexperienced writers may discover too late that they are not actually 100% on board with the terminology in their contract. This is why it is very important to not only submit your work to trusted markets, but to also do the research it takes to understand the end product.

Let’s dive into the basic categories of rights that you will see on most of your publishing contracts.

First Rights

First Rights in general are pretty much self-explanatory. The journal or publishing house that is purchasing your work is purchasing the right to distribute the story first. The term First Rights is a large umbrella under which many other sub-categories exist, but we’ll go through some of those later.

It is very important to understand that, even though First Rights seem simple, many publishers are divided on what constitutes a work as published or not. You can’t sell the exclusivity of something that has already been let out of the bag, so be careful with what you do while you’re waiting to sign a contract! Some publishers are very strict and will count any distribution of the work as the loss of your First Rights. Once you’ve sold your First Rights, the only other right you’re going to be selling is for reprints. This severely narrows your ability to sell the story, since reprints are not the top priority of many publishing houses.


 

A good rule of thumb is, when in doubt, hold on to your work. Cater to the harshest critic and you will have no trouble selling to a more lax editor. Neil Clarke (of Clarkesworld magazine) tested the waters on this controversy via a twitter conversation recently, and you can see that some share his strict point of view, while others would make exceptions. Later on he produced a webpage narrowly defining some examples of what constitutes a work as published or not. I highly recommend reading these rules before you make any attempts to distribute your work on your own.


Subsidiary Rights

As mentioned before, First Rights is a very broad term that covers a variety of subset rights. If you’re selling Exclusive or Unrestricted First Rights, this means that you are selling the rights for all possible subsets.

Rights can be determined based on language, geographic location, type of distribution, etc. If you are seeking publication in an American or Canadian literary journal, you are likely going to run across the term “First North American Serial Rights.” This terminology is giving the publisher the exclusive right to distribute the work to a North American audience via a Serial publication (the magazine).

Some publishers will also request the rights to audio/podcast versions of the work, or even sometimes video representation. They may also throw in the right to publish the work in an anthology later on.

If you’re looking at all these restrictions and starting to feel a little panicked, don’t worry. Remember, you ultimately own the copyright of your work. You are simply selling certain features of it for a set amount of time in very specified forms of media. Most publishers will only claim exclusive rights of any type for a short period of time (for example, one year). After that the rights become unexclusive and no longer have any bearing on where you choose to reprint the work (unless this too was restricted in your contract – so read the fine print!).

Also remember that once you sell even one subset of rights, you can no longer sell your work to anyone who is looking for exclusive first rights. So if a friend of yours wants to make an audio version of your story for their weekly podcast, remember that will have an impact on whether or not you can seek publication in print!

For a much more thorough breakdown of terminology that you might come across, check out these awesome guides from The Internet Writing Journal, Writing-World, and Poets&Writers:


Some other useful sources are Lightspeed Magazine’s Contract Template for Original Fiction, as well as author Nathan Bransford’s breakdown of a basic publishing contract.


Questions? Let me know in the comments and I’ll be happy to answer them for you. Happy submissions to you all!

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