I received the contract from "Dragon" for my article. Yippee! They claim that it's a "work for hire" and that by signing the contract I turn over all rights and copyright to them. The contract also says that if the work doesn't meet the legal definition of a "work for hire" then
quote:Author hereby assigns Wizards, absolutely and forever, all right, title, and interest throughout the world in and to the Work
and
quote:the exclusive right to use or license the use of the Work in all media now or hereafter known
This is will be my first published piece, and paying at that, $40. My dilemma is that I don't want to sell my work to someone else, but I really want to see the article published.
What would you do?
Rux
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[This message has been edited by teddyrux (edited May 19, 2004).]
Posted by Pyre Dynasty (Member # 1947) on :
You are facing what Tracy Hickman calls the original bad deal. (Wizards also gave him his first) You are trading something important to you for perhaps a future. Think of it from Wizards's point of veiw, paying to publish something that they don't own, by an unknown. Now if your name sold magazines by itself, (which it might if this takes off) then it would be worthwhile to use something they don't own. (and from what I've heard Wizards is quite good to holding on to rights.) If you want to ask Tracy's(Hickman not the hatracker, but he can answer too) advice on it
Is there a great chance that you will want to sell this piece, ever, anywhere else, and that someone else will want it?
Is it worth doing this piece to get published, a clip, some future recognition?
Is it worth turning down a contract? Will they be interested in you in the future if you turn them down now? (may not be an issue, but it is worth a thought, however slight)
Once you are a 'name' you will have more power over your rights, and will have more say in a contract.
Giving up all your rights in general would be something to avoid. But maybe doing it for something small will buy you greater rewards in the future. Perhaps you could negotiate something if there is a right you want in particular.
You may be able to still resell the idea, rewritten, maybe with a different slant, so you would not lose out completely on your work.
Good luck with your decision, and congrats on your contract!
Posted by October (Member # 2012) on :
Sell it, see your name in print, and move on with life.
Unlike a novel, this article will NOT bring you fame or a substantial amount of money. And most likely, the only recognition you'll get from it is when YOU tell people you've been published in "Dragon." It's an ephemeral piece in an ephemeral magazine. I'm not trying to be mean, but that's the grim facts.
And congratulations on getting published!
[This message has been edited by October (edited May 19, 2004).]
Posted by Hildy9595 (Member # 1489) on :
Teddy, I write pretty regularly for non-fic magazines, and what they are asking is the standard. The magazine doesn't want to publish your article, only to have you go to a competitor and re-sell it. Remember, they're only asking for "ownership" of the particular article, not everything else you are going to produce.
Posted by Christine (Member # 1646) on :
I read somewhere that the worst deal in the world is that some publishers actually have in their contracts that they get first dibs on anything you ever produce....that scared me. I don't understand legalise well enough to ever feel confident about what I sign. That wuold finish you always and forever.
But this deal doesn't sound horrible. Well, it doesn't sound great, I've heard better, but be honest, is this article ever gonna get you more than $40 and your name in print?