[Woodcarver] Ownership of published articles

[Mike & Patty Wilcox]

Great answer & I thank you...


----- Original Message ----- 
From: "Ivan Whillock Studio" <carve at whillock.com>
To: "[Woodcarver]" <woodcarver at six.pairlist.net>
Sent: Friday, April 16, 2004 9:32 AM
Subject: [Woodcarver] Ownership of published articles


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> To explain the ownership of authored material, let me describe it from the
> point of view of the writer.  When you write an article, you own all
rights
> to that article.  Nobody can do anything with it without your permission.
> If you decide to make some money off it,  you can sell some or all of
those
> rights to a magazine.  If you sell all of the rights, the publishers can
do
> anything they want with it.  Publish it, not publish it.  Make a video
from
> it, republish it in a book, etc.  Selling all of the rights means  that
the
> author gives up the opportunity to benefit from all subsequent uses of the
> article.  Therefore, most experienced writers sell only specific rights to
> the publisher--"First North American Rights," for example.  That means the
> publisher has first use of the article and can publish it once in a
magazine
> in North America.  After that,  the author owns all of the rights again.
> Then, if the publisher wants to come out with a compilation of published
> articles, or use it in another way, he would have to get permission from
the
> author again, and likely negotiate another fee.    Most freelance writers
> state the rights they are selling on the first page of their manuscripts.
If
> the material is accepted, then a contract between the author and the
> publisher specifies what rights are being purchased, whether they are all
> rights, first North American rights, international rights, or other
> specified rights to the material.
>
> Legal protections extend to sales as well.   When someone buys a book or
> magazine, they are not buying all rights to the material.  They are buying
> the rights the author and/or publisher specifies on the copyright page.
>
> However, those notices don't usually specify the long list of rights that
> ARE being sold "you can make carvings with the patterns, line your bird
cage
> with it, etc."--but they usually specify which rights are NOT included in
> the purchase of the book or magazine.  "No part of this book may be
> reproduced, stored in a retrieval system, or transmitted, in any for or by
> any means electronic, mechanical, photocopying, recording, or otherwise
> without the written permission of the publisher."  Most of that lawyer
> language is designed to protect the author's right to profit from his
> efforts, without having to compete against pirated versions of his own
work.
>
> As you can see, the rights to material in the Mallet, though now out of
> print, could still be owned by the authors.  I know I still own all the
> rights to all the material I sent them.
>
> Ivan Whillock Studio
> 122 NE 1st Avenue
> Faribault, MN 55021
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>
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