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Question for writers, re: short stories and copyright

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InvisibleTouch Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 08:46 PM
Original message
Question for writers, re: short stories and copyright
Maybe someone here is up on these things, as I know there are a few aspiring writers hereabouts.

If you get a short story published in a magazine, who retains the rights to that text and those characters - the author, or the magazine? Could you, for instance, take that short story (or a series of stories featuring the same characters) and later expand upon it and re-publish it as a novel? Could you take those same characters and write them into a novel in a slightly different scenario? Or does the magazine, once your story is printed, have the rights to that text, and you can't re-use it without jumping through all kinds of legal hoops, if at all?

Maybe a dumb question, but I'm hoping someone has experience with this kind of thing. I had some stuff published years and years ago, and I'm thinking of getting back into it, but I don't want to sell a couple of stories here and there for a few bucks while screwing myself out of the right to use them later in a novel format.
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Amerigo Vespucci Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 09:31 PM
Response to Original message
1. It depends on a number of factors
Edited on Tue Aug-03-10 09:32 PM by Amerigo Vespucci
First, the magazine. The rights vary from company to company

Second, the writer. A well-known writer will retain more rights, potentially, than a novice.

Writers Market is an excellent source for this information. You can get the book, the online version, or both. The listings clearly state what rights are purchased. Sometimes it applies to first publication and not reprint rights. Other times you sell it all.

That would be my suggestion on where to start. Good luck.
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InvisibleTouch Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-03-10 09:43 PM
Response to Reply #1
2. Thanks for the input!
I will check out the Writer's Market. I'm pretty sure my library has the latest copy.
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HopeHoops Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 06:52 AM
Response to Original message
3. Writers Market Deluxe includes a year subscription to the online database.
Amazon.com has it for $31.49 (retail is $49.99) and since it is over $25, you get free shipping if you want it. The online database is $29.99/year if you purchase the subscription online directly from WritersMarket.com, so essentially you're getting the book for $1.50. Not bad, eh?

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InvisibleTouch Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 10:08 AM
Response to Reply #3
6. Will keep that in mind, thanks!
At this point in my life I'm needing to keep costs down, which is why I'm looking more toward the library than making a purchase ... but it might be worth having the info available from home.
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Orrex Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 07:35 AM
Response to Original message
4. When your work is accepted for publication, you should receive a contract
That contract will establish the terms of the sale and the details of copyright. For instance, a magazine might retain exclusive publication rights for 13 months, after which the rights revert to the author who can then do whatever he or she wants to do with the work. Lots of publishers disclose the particulars in some easily accessible format before you even submit to them; check their website or magazine for their submission guidelines, which might be a good place to start looking.

I've had several pieces published by a company that retains primary printing rights for two years, but if (for example) Steven Spielberg decides to option my short story, I retain the right to sell the story for development in that format.

If your stuff was published "years and years ago," then it's almost certain that the rights have reverted to you, and there should be no problem with developing/expending a story to novel length. If the publisher is still in business, you can probably verify its policies in this regard.
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InvisibleTouch Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-04-10 10:06 AM
Response to Reply #4
5. Great info, thank you! n/t
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