What are first serial rights
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Here are some of the rights that you'll see in writers' guidelines, and what they mean: General Rights First Rights "First" rights give a publication the right to be first to publish your material in either a particular medium or a particular location.
First British rights means the right to publish a piece first within Britain -- even if it has already been published somewhere else. First electronic rights means the right to be first to provide the material in electronic format. Note that one can sell many different variations on "first" rights, as long as these variations don't overlap. One-time Rights Just what it says: the publication is purchasing the right to print your piece once and only once.
This is not the same as First Rights. First Rights means the publication is buying the right to be the first to publish your piece. If they buy One-time Rights, they will be allowed to print a piece once, but not necessarily first; the piece may have already appeared elsewhere. Reprint Rights, or Second Serial Rights When you offer these rights, you have informed the publication that first rights for the piece have been sold, but that the publication can purchase the right from you to print the piece again, as a reprint.
Or, to phrase it differently, the right to print the piece a second time. It's important to note that many publications consider self-published material, or material posted to an author's web site, as previously published. Therefore, first rights to such material cannot be sold to those publications. Check with the publication before offering a piece that has been posted on your website; reprint rights often pay less than first rights.
If you sell Nonexclusive Reprint Rights , you retain the right to sell reprint rights to the same piece to more than one publication, even at the same time. See "Exclusive vs. Nonexclusive," below.
Anthology Rights This gives the publisher of an anthology -- a collection of shorter pieces -- the right to publish your piece in that collection. Anthologies often purchase reprint material. Many magazines that put out annual "Best of" collections negotiate anthology rights with authors whose work has appeared in their magazines. First World English The right to be the first in the entire English-speaking world to publish the piece. Unless an independent contractor the writer, musician etc.
If a specially commissioned "work for hire" agreement is signed, the copyright to the work created will belong to the developer of the project. For example, Production Company wishes to develop and produce a documentary film. Production Company will enter into agreements with independent filmakers, writers, and musicians to create original work to which Production Company will own all the rights.
In order to own the copyright to the finished product, Production Company will enter into specially commissioned "work for hire" agreements with each person who contributes original works to the final film.
The author must realize that if such an agreement is signed, he or she is giving up all his or her rights in the finished product forever. If a confidentiality clause is included in the contract such as in a ghostwriting situation , the author cannot disclose the fact that he or she actually wrote the piece. Electronic Rights: The licensing of electronic rights to a work in this day of expanding technological capabilities is a hot topic in the publishing industry.
The best way to handle electronic rights is to clearly spell out exactly which electronic rights are being licensed and which are not. Electronic rights can encompass the rights to sell and distribute the work on CD ROM, to store the work in a database, such as Lexis-Nexus, to publish the work on the Internet, to archive the work on the Internet and the publishing of the piece on as-yet not invented electronic media.
In a sense, the law of electronic rights is being written now by the writers, editors and publishers. Eventually, the terms will be recognized to have standard meanings in the industry. In the meantime, freelancers who write for online publications should ask the editor to spell out in plain language exactly what rights they are purchasing.
If you don't understand what an editor means by "First Electronic Rights", then ask. Most editors are happy to explain their publication's policies. And keep copies of all the correspondence, whether it is by letter or by email.
The correspondence itself constitutes a binding contract if it clearly shows what the parties intended. Freelancers selling to the American periodical market should be aware of the recent court decision in Tasini v. New York Times , 93 Civ. You could sell one to the magazine and publish the other with the school. Finally, your last option is to just go ahead and let the school publish it. Basically you have to decide what you think is best for you and your essay. Once you make that decision, you can then pick an option and move forward.
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