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The articles in this section aim to provide writers, particularly new writers, with an insight into the world of fiction writing.
Motivation
Using proverb based themes for story ideas - Part One
Using proverb based themes for story ideas - Part Two
Backup Your Writing for Free Online
Plot: The Fiction Writer's Itinerary
Choosing and Describing a Perfect Setting
Characterisation
Learn to be quiet
Delving into your past
Regaining your writing confidence
Using inclusive language in writing
Copyright: Where To Find Information
Critiquing guidelines
Anti-Virus Tip for Writers
All Rights Remain With the Author: Fact or Fiction?
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Alexander Tangerine wrote an upbeat article about his unusual name and submitted it to a well known magazine. Eventually, a contract arrived which Alexander skimmed over
believing all writing contracts to be the same. He didn't understand the term 'All Rights' (also known as 'Full Rights'), but in his excitement signed and returned the contract the same day and in so doing, sold his copyright to the publisher. The article, however, appeared in twenty
publications around the world, giving Alexander a great start in the literary arena.
Copyright laws exist in many countries to protect intellectual property. Basically, as soon as you write something, whether it's a poem, a short story or an article, it's protected by copyright.
Although a copyright notice is not required, writers can include one with their work to remind others of ownership, for example '© Copyright 1999 Irma Apple'. Copyright provides a number of rights for each individual written work and writers can license or assign (transfer or sell) these rights to others.
Writers own copyright for many years after their death, typically 50 years.
Nancy Nectarine wrote a heart wrenching, Gothic short story. The publisher asked for 'First Publication Rights' which meant the publisher wanted to be the first to publish the story.
Geographical Restrictions
Often, First Publication Rights includes a geographical location, for example 'First Australian Rights'. Knowing this, Nancy negotiated with the publisher and granted a licence to print and publish her story under 'First North American Serial Rights' (FNASR). She realised she could
later seek First Australian Rights, First New Zealand Rights and so on.
Sometimes publishers request First International Rights or First World Rights. Licensing under these terms means writers are unable to obtain First Publication Rights elsewhere. Publishers also sometimes request First Electronic Rights. As this term is open to interpretation, however, the best practice is to clarify each situation with the relevant publisher.
Time Restrictions
Publishers often require a license for a period of time, for example one month to coincide with monthly publications. Terms of agreement vary, but generally after this time, the author has the right to seek additional publication elsewhere.
After licensing her story to various publishers, Nancy couldn't find anyone else to publish under First Publication Rights, so she decided to seek 'Second Publication Rights' (also known as Reprint Rights). Although publishers often pay less for such rights, Nancy was able to license her story to several publishers concurrently.
Under Second Publication Rights, writers grant publishers non-exclusive rights to publish their work. Under some contracts, publishers can in turn grant these rights to other publishers if they so choose. This is commonly known as sub-licensing.
Not all writers automatically own copyright for their writing. Nancy's cousin, Ivor Mandarine works for a government department. Recently, Ivor completed a brochure promoting the department's services, but under the terms of Ivor's employment, the department owns copyright on his written work. He has no claim to ownership.
Across the street, Pete Peach, a journalist, writes lifestyle articles for a daily newspaper. Under the terms of his employment, he and his employer own different parts of copyright. The employer has the right to publish articles in the newspaper, while Pete has book publication rights.
At home, Sarah Pear created a web site to display some of her poetry and short stories. She owns copyright on her work. After receiving encouragement from visitors, Sarah submitted a story to a publisher. The publisher's editor, William Grape III, responded saying that as the work had already been published and read by thousands, he was unwilling to publish under First Publication Rights.
Publishers have varying views on this type of situation. Some view personal web sites as similar to reading works at a writers' group. These publishers will happily request First Publication Rights, provided the material is first removed from the web site. Other publishers, like William Grape III, view such displays as self-publishing and will only publish under Second Publication Rights. Some publishers won't consider publishing web-displayed work at all.
There are two distinct types of writers. Some writers generally don't own copyright because they're specifically employed to write, for example under direction of a government department. Other writers have informed choices to make as shown in the examples above. Familiarise yourself with copyright issues, so you can protect your intellectual property and enjoy the fruits of your labour.
© Justin O'Leary 1999
The article 'All Rights Remain With the Author: Fact or Fiction?' above provides an overview of the most common copyright situations for writers, but does not cover all matters related to licensing and assigning of copyright.
For further information, refer to the article 'Copyright: Where To Find Information' by Justin O'Leary.
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