Simon Whaley is my guest today and he's kindly agreed to explain copyright. It is quite a long post, but please do take the time to read it if you're at all unsure about all the different rights. Whether we write as a hobby and only sub occasionally, or try to earn a living from our words, it's
VERY important we understand this stuff.
Simon says - The
womag market is ever-changing, and one area that continues to change
is the contract womag writers are offered. Gone are the days when
womags asked for First
British Serial Rights.
As
soon as we create something our creation is protected by copyright.
It’s automatic. We don’t have to register it. (Things are
slightly different in the USA, but that’s down to their legal
system.) It’s the Berne Convention that explores the principles ofcopyright, which many countries (but not all) have signed up to.
Owning
the copyright in our work enables us to exploit our creation. It
gives us the right to grant licences to others to make use of our
words, usually (hopefully!) for some money! Once you give (or sign
away) your copyright you no longer have the right to give others
permission to use your work. The new copyright holder now has that
permission. So never sign away your copyright, unless you fully
understand the consequences.
Think
Three!
As
copyright holders, we license our short stories, and this license
usually covers three main areas:
1)
Media format (print, electronic, etc)
2)
Region (Britain, Australia, Worldwide … I’ve even seen ‘The
Universe’ used once!)
3)
Time period (12 months, 18 months, exclusively)
The
traditional First
British Serial Rights
we used to offer would give a magazine the right to be the first in
Britain to print our story in a physical magazine (hence the word
‘serial’). Because we’d given them first British
rights, we could also offer first rights in other countries at the
same time (Australia, South Africa, etc). Until that magazine
published the story in Britain, we couldn’t do anything else with
it (in print format) in Britain. Once the magazine had published it
in Britain, we could (in theory) offer another British magazine
Second
British Serial rights.
Publishing
is Changing
But
the world has changed. People read digital versions of magazines on
their tablets and smartphones. Magazine companies HAD to change their
contracts just to keep up with technology. They needed to ask for
electronic rights, so they could legally use our stories in their
digital versions of their publications. Magazine companies have also
consolidated, buying other magazine organisations around the world,
and their contracts now reflect this. It means we MUST understand
what we’re signing up to when we sign a contract, because we’re
legally bound by it.
It
doesn’t help that some legal departments don’t fully understand
their own contracts. Several years ago, I sent one contract to the
Society of Authors (members can use their free contract vetting
service), where I was told that the contract contradicted itself so
many times it wouldn’t stand up in a court of law. (And this was
from a well-known womag publisher.)
Untangling
Clauses
One
womag publisher asks for First
Use With Extensions. This
means they want to be the first to publish your story. (And as no
region has been stipulated then they're asking to be the first in the
World.) The contract goes on to explain that extensions means in any
media format. So they may use their first
right
in print, or electronically, or in any other format they can think
of. Usually, it’ll be print format, but the contract gives them the
flexibility to use it digitally, or even on the back of a baked bean
tin, if that’s what they wish.
This
contract also asks for an 18-month exclusivity arrangement, which
means the story can’t appear in any other format, anywhere in the
World, for 18 months after the womag has first used it. (Note, that’s
not 18 months after they accepted the story from you, but 18 months
after they first published it.) Exclusive means just that - no one
else can use that story … including you. So if you want to create
an anthology of your short stories and sell that on Amazon, you can’t
use this story in such an anthology until 18 months after the womag
has published it. (At this point, I should clarify that this
particular contract does say ‘without
prior written agreement from the publisher’
- so, in theory, you may be able to do something before the 18 months
is up, but you need the womag publisher’s written permission to do
so.)
Consider
the Contract As A Whole
Always
read a contract in its entirety. For example, one womag publisher
asks for First
World Rights,
which means they want to be the first in the world to print your
story. That may seem reasonable. In theory, once they’ve published
it in the UK, you can still offer first rights to another publication
in another country. However, this particular womag publisher has a
clause that says they also have the right to re-use your material
(for free) in any other magazine owned by their company, anywhere in
the world. At first glance this may not look too troubling. But
suppose you sell First
Australian Serial Rights
in your story to an Australian magazine, giving them the right to be
the first magazine in Australia to use your story, and then you
discover that the British magazine has just used your story (for
free) in one of their own Australian magazines? The magazine you’ve
just sold First
Australian Rights
to, can’t now use those rights, because they’ve already been
used!
Of
course, if the British company doesn’t own any Australian magazines
then you know you can safely sell First
Australian Rights
directly to an Australian magazine. But once you’ve sold a story,
you have to be careful about where else you offer it to, to ensure
you don’t break any clauses in the contracts you have already
signed up to.
Moral
Rights
You
may see moral rights being referred to in a contract. Moral rights
are those which give us the right to be recognised as the creator of
the story. This is sometimes called the right of paternity, and means
we should be credited as the writer, because this work is our own
creation. Some contracts ask for the moral rights to be waived or
removed. The reason for this is because editors sometimes rewrite
stories. They may change the ending, or change characters names
(because they have too many Janes or Traceys in this issue). Waiving,
or removing, moral rights gives editors the flexibility to do this.
To
Sum Up
This
subject matter is too complex for a blog posting, and please
remember, that I’m no legal expert either. But the golden rule
should always be:
NEVER
SIGN A CONTRACT UNLESS YOU UNDERSTAND IT IN ITS ENTIRETY!
And
if you don’t understand something, then ask. No one will think any
worse of you. In fact, and editor may respect you more for asking. It
proves you’ve read the contract!
(PS,
you don’t need to be a published author to join the Society. If you
have had a ‘body of work’ published - such as articles, or short
stories - then you may be eligible to join.
The
UK Government has some useful background information on copyright
here.
About
Simon Whaley
Simon
Whaley’s short stories have appeared in The People’s Friend, Take
a Break, Fiction Feast, The Weekly News, Ireland’s Own and Woman’s
Weekly Fiction Special. He’s published an anthology of short
stories: Ten Teatime Tales.
More information about Simon can be found on his website.