'irrevocably and unconditionally assign to us in perpetuity by way of present assignment of present and future copyright, the entire copyright and all other rights and title of any kind that you have in the Commissioned Works throughout the world (including any amendments and extensions to that copyright). You hereby irrevocably waive any and all moral rights you have in the Commissioned Works to the fullest extent possible throughout the world.'
I've also heard that authors have been asked to sign these new contracts AFTER stories have been accepted for publication! I'm contacting the magazine to ask for clarification and will let you know their response – if any.
UPDATE
I've had a reply from Tracie Couper at Spririt and Destiny.
'The current situation is that any article appearing in the magazine will require the writer/contributor to sign an agreement, giving us all rights to the article/story/feature. This is because Spirit & Destiny is now syndicated in other countries, including Australia and New Zealand.'
There's been another update – please see the more recent post.
*takes out pen. Crosses mag off list*
ReplyDeleteThis comment has been removed by the author.
ReplyDeleteOh dear. After publication? That's bad form. Shame as Spirit and Destiny seemed like a decent new market with friendly staff. It's Bauer isn't it?
ReplyDeleteConfused. Being syndicated in other contries doesn't mean you have to have ALL rights, does it?
ReplyDelete@ Bernadette – Quite.
ReplyDelete@ Anonymous – I asked about this happening after acceptance, but that part of my question hasn't yet been answered.
Yes, they're owned by Bauer.
@Bubble – No it doesn't. Other magazines have contracts which allow them to reuse the work mulitple times and in various locations and formats, yet still allow the author to retain some rights. As I've said before, I strongly believe that taking all rights is unnessceary and unfair.
If the all rights contract was issued at the time of the story being accepted, then the writer can make an informed choice. But when it's suddenly thrown to a writer, after the story has been published, then this is not not fair. All womag writers need to know that this magazine has done this.
ReplyDelete@ Sharon – I agree. I'm hoping that asking for people to sign the new contract after stories had been accepted was just a communication mix up and that the terms the stories accepted under will be honoured.
ReplyDeleteOh no, not this one now. I was hoping they wouldn't go this way as it is one magazine that I know my stories are suitable for. I am definitely going to use my ghost stories for my own collection now. And they paid decent money, too. Grrr...
ReplyDeleteGood luck, Julie. I wish you every success.
ReplyDelete@ Julie – it seems particularly harsh given the nature of the magazine.
ReplyDelete@ Bubble – Ditto that.
Sigh. Does anyone in the magazine industry understand rights anymore?
ReplyDelete“In perpetuity by way of present assignment of present and future copyright, the entire copyright and all other rights and title of any kind that you have in the Commissioned Works throughout the worldl
If you’re assigning copyright, then that automatically includes ‘present and future copyright’. And if you assign copyright then you don’t have the right to assign any other rights, so ‘and all other rights and title’ is a little nonsensical.
A magazine should know this.
A shame that yet another market is beng lost to writers. These contracts are killing creativity, because it’s stopping some decent writers from writing, practising their craft, and earning a living.
The words on the new contract sound particularly uncaring and brutal. Who would have thought a publication entitled 'Spirit and Destiny' would have so little regard for its writers?
ReplyDeleteLinda
Stupid as it sounds, it makes me feel differently about buying the magazine - stupid, because I only ever flirted with the idea of subbing to them anyway. But to have it brought home so clearly that this is solely a money making operation with no thought about the contributors and no real feeling for the subject matter they're covering is unpleasant. Of course they're in business and they need to make money, but they haven't worded it well, haven't expressed any regret over what they must see as the necessity of the changes and haven't considered how it'll affect karma and their own corporate spiritual wellbeing!
ReplyDeleteWell said, Kath. That's exactly how I feel!
ReplyDeleteLinda
Karma.
ReplyDeleteI can feel a story coming on...
Jacqui
Let's not panic until and unless we hear this from TabFF itself.
ReplyDeleteAngieM
I could not refrain from commenting. Perfectly written!
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