Publishing question...

[M.A.Thompson]

A question for those with experience having your work published.

Forgive my naivety but what exactly does the statement “[the periodical] buys First North American Serial Rights” mean?

 

[TheEarl]

I haven't tried to have any work published, so I normally wouldn't answer, but as no-one else has yet, I'll add my tuppence.

AFAIK they are saying that they and they alone will have the right to publish that piece of work in North America. They can publish as many times as they want (paying you royalties presumably) until the contract expire or is cancelled. It basically means that they have a non-transferable claim on that piece in N.America and you can't try and flog it elsewhere.

But I would doublecheck that.

The Earl

 

[M.A.Thompson]

Yeah, but does the story still belong to me or can they now do with my work whatever they please?

 

[TheEarl]

AFAIK: They own the rights to publish the story, but you still have intellectual copyright. As far as editing or royalties go it depends on the rest of the contract.

Really: Do go check it elsewhere. Find a lawyer. I don't want to be the cause of you losing intellectual copyright, because of misinformed advice.

The Earl

 

[BigTexan]

...what exactly does the statement “[the periodical] buys First North American Serial Rights” mean?

According to the SFWA (Science Fiction Writers Association) it means that the magazine is buying the right to be the first serial publication to print your story in North America.

It only gives them the right to print it once and the copyright remains yours, however you may not sell "first publication" writes to any other serial publication.

As a matter of courtesy they also typically expect you to refrain from publishing the story elsewhere, say in an anthology or a european country, but that is not specifically prohibited by the contract.

Once they have published the story they no longer have the right to re-publish without another contract from you and you are free to publish in other serial publications, such as Readers Digest.

Most magazine's in America and Canada purchase first North American serial rights. My experience is that Mexican publications simply publish what you send them without ever stooping to the legality of payment. I personally won't send any more stories to a Mexican publisher for this reason.

BigTexan

 

[KillerMuffin]

http://www.writersmarket.com/encyc/R.asp#986


Rights are sold to editors and publishers in varying forms and degrees. An established writer usually has more power to negotiate than a novice does; nevertheless, any writer should try to avoid, in most instances, selling all rights to a piece of work. The kinds of rights most commonly sold to magazine editors are outlined below.

First serial rights are sold to periodicals (serials). Included in these rights is the agreement that the periodical will be the first publisher of the material. First serial rights can be restricted to include a particular area; e.g., modified versions are first North American serial rights and first U.S. serial rights.

Second serial (reprint) rights are rights sold to a newspaper or magazine with an article, story or poem that has previously been published in another periodical. An excerpt from a published book, regardless of whether it was previously published in a periodical, will also customarily be sold to a periodical with second serial (reprint) rights.

Foreign serial rights, rights sold to a market abroad, can be sold by a writer—provided he still has the rights. For example, if a writer has sold first U.S. serial rights to an American magazine, he is free to market the same piece in Europe; if, however, a U.S. publisher has purchased "first serial rights," without any geographical limiting phrase, the publisher may have foreign editions and be assuming he has ensured that he will be the first to publish it in any country in the world.

The term syndication rights refers to rights sold to a syndicate under the term "serial rights." A book published in installments in several newspapers, for example, would be placed under this category. If the newspaper installments appeared before the book's publication, the author would be syndicating first serial rights to the book; if the installments appeared after publication, he would be syndicating second serial rights.

Simultaneous rights are rights sold to two publishers (whose circulations do not compete) at the same time. The publisher who owns several magazines might also buy simultaneous rights to use the same piece in two or three of his publications. When a piece is being submitted to more than one publication simultaneously, it is best to advise the editors accordingly.

When an editor buys all rights to a piece, the writer loses his right to sell it to another publisher. A work-for-hire agreement is one that includes the writer's selling of all rights in addition to the copyright.

A writer can also sell rights to his work to other media, namely theater, TV and film. Dramatic rights, TV rights and motion picture rights are often offered at a percentage of the total price as an option to buy for a specific period of time. The property is then brought to the attention of people in the industry—actors, directors, studios or TV networks—for possible production.

The copyright law that took effect January 1, 1978, provides the creator of a piece of writing with all rights as soon as the work is complete. The creator may sell all or part of those rights, but the power to decide which belongs to him.

---------------------

If you don't have a copy of the book Writer's Market FAQs, you might find it very, very helpful.

 

[M.A.Thompson]

KM, BT and Earl: Thank you for the info!!!!

And by the way, Earl:

Really: Do go check it elsewhere. Find a lawyer. I don't want to be the cause of you losing intellectual copyright, because of misinformed advice.
The Earl

When they turn my story into a bad made for TV movie staring Tom Wopat and Loni Anderson, I am going to hold you personally responsible.

Thanks Again guys!!!!