Know Your Rights
Beth Ann Erickson
We traveled all the way to
Milwaukee, Wisconsin to see him. As we stood outside the
2,000-seat Riverside Theater, my heart pounded, knowing I would
soon hear him sing; hear him strum his guitar; hear this man
whose lyrics absolutely makes my knees weak.
As my husband and I filed into the theater, I
grasped my purse in anticipation of hearing him sing my
favorite song. (By the way, my
beautiful Liz Claiborne clutch bag still has the
fingernail marks to prove my story correct.)
After he came on stage, he began to
sing. I
waited and waited to hear my favorites. Finally, another
audience member called out the name of one of the
songs. My
favorite singer in the world paused and said the words
I’ll never forget. He said, “I can’t sing
that. I
don’t own it.”
How could he not own it? He wrote
it. He
recorded it.
I listen to on a regular
basis. How
could he not be able to sing it today?
Easy. He signed all his
rights away.
There are a lot of rights in the publishing
community.
Here are some nutshell definitions of some of
them:
First serial rights – You’ve given the
publication (or web site) the rights to be the first to
publish your article.
One time rights – The publication may run your
article once, whether they’re the first to publish it or
if you’re selling a reprint.
Second serial rights – You’ve given the
publication the right to be the second publication to
publish your article.
Electronic rights – The right to publish your
writing electronically.
All Rights – This is the bad one. You sell all the rights
and walk away from the piece forever. Unless you buy the
rights back.
I’m sure that when this particular singer
signed his contracts, he had a capable agent helping
him.
That goes to show that no matter what your agent
may say, it’s important (read VERY important) that you
personally read every contract you sign. If you don’t understand
something, take it to someone who does.
And it wouldn’t hurt to purchase a good writing
reference book that explains the various rights in more
detail.
There’s nothing worse than hearing about an
author who sells their work outright for a pittance, then
is responsible for the bulk of the promotion for a book
they don’t even own. In other words, if you
sell all your rights, make sure you get a BIG
advance.
Today, my favorite singer
has re-purchased his songs (for a lot more than he sold them
for) and is able to sing them again. I hope you don’t find
yourself in his situation….
~~~
Beth Erickson is the publisher of Writing Etc.
the FREE
emag for writers. Make your writing
sparkle.
Write killer copy. Get
published.
Subscribe and receive the free e-booklet “Power Queries”
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