Several years ago, during my naive days, I was asked by a major publication to write an article, for which I would get attribution, but no money.
In looking at it, it appeared to profitable, even without receiving the checks. I would get exposure to tens of thousands in my target market, they would read the article, and eagerly pick up the phone to call the number in my attribution section.
So I wrote a great article, (at least I thought it was), and sent it to them.
It ran, and the phone did ring.
I got great feedback about how valuable the article was.
So I decided to send it out as a mailing to a bunch of potential clients.
I picked up the phone and asked the publication for permission to make copies of the article and distribute it.
"Nope", couldn't be done. I would have to have them create reprints for me.
"OK, send me a stack."
"We'd be happy to, the cost will be $1,000."
|
|
"What? You want to charge me $1,000 for me to get copies of an article that I wrote for free?"
Long story short - I was never able to use that article in any way. They owned rights and wouldn't allow me any ability to do anything with it.
Another story. Even earlier than the last story, when I was even "naiever" I wrote a computer book.
I submitted it, it was printed, and for 2 weeks I was on the computer bestseller lists. In two weeks the sales of the book generated over $5000 in royalties. I had just gotten married and was very excited about how I could spend the money that was going to be rolling in...
Then the publisher stopped answering his phone.
A week later I saw an article that said they'd taken out bankruptcy.
"Aha", said I, "man am I glad that I put a clause in my contract that in case of bankruptcy, all rights for the book and the physical copies of the book reverted to me." I picked up the phone and called a couple of other publishers, who were thrilled to get the book in their stable.
Then I got a call from the bankruptcy lawyer - yes, my contract was valid, but the court considered that the clauses contained in it did not apply until after the company was liquidated.
In other words, until after all the copies of my book were sold off at cents on the dollar to others.
And, by the way, it will take 3 years before litigation ends so the copyright gets freed up for you to use.
Remember that this was a computer book. Three years is the entire life of this time sensitive book.
In the end, I received no money and a copyright that was useless.
I learned lots of lessons from these experiences.
Most importantly, to specifically discuss rights and reprint issues before ever making any kind of deal, and to thoroughly understand my options.
I also learned that I never ever give my rights away. If you want rights, you pay me. Period. And it may not happen then either.
And, to take this rights stuff seriously.
Everyone in the writing and public relations industry knows of horror stories like these.
Now, there is a way to protect yourself. Knowledge will save you, and it only takes a little bit of your time.
Introducing our newest CD: "Legal Issues You Must Know When Writing Articles for Fee or Free"
This is a new teleseminar on audio CD recorded by Joan Stewart.
You need to know the information on this CD! Here's what you'll learn from this product:
--How to copyright your work so no one can steal it
--The advantages and disadvantages of copyrighting your material yourself versus registering it with the Copyright Office
--What you must know about reprints...so you stay out of big legal trouble
--What you must know about posting your articles at your website
--What to do if a publication wants to sell you expensive reprint rights you can't afford...but the boss says you still must get multiple copies
--What to get in writing when you're selling an article...it will show editors you know how the game is played
--The one thing you MUST do if you're offering articles for free...so you can keep offering the same ones over and over again to different publications
--The difference between first rights, exclusive rights, first North American rights, etc.
--What to do if a publication wants to buy exclusive rights to your work and you've already offered it to 5 other publications.
--What to do if you want to use someone else's material in your article
Don't wait until after you make the mistakes that cost your work. Order now and protect yourself from those who would take advantage of you.
Posted June 29, 2004
More Public Relations / Publicity Comments:« What Will They Think of Next?
Public Relations and Publicity Blog
Flagrant Non Sequitur From Our Newspaper of Record. Alternative Title: Keep Your Mouth Shut! »
