Question: A publication has accepted some articles that I wrote. Their policy gives them exclusive rights to reproduce submitted material at their sole discretion. They can also syndicate it to other media. Basically, they ask to own all copyrights to the submitted articles. In return, I will receive a portion of the proceeds if they happen to sell the articles to another outlet.
I just wanna know the implications (for me as a writer) of such a copyright policy.
~A Sister in Islam
Answer: Before I answer, let me say that you should not consider my response the final say on this topic (or any other, for that matter). I can only give you my opinion based on the limited information posed in your question and my own perspective based on what I have seen elsewhere.
It is generally agreed among writers that you should try to retain as many rights as possible when submitting articles for publication. There are some exceptions, like when you are getting paid so much money that you don't mind the magazine taking certain rights. There is, for example, a big difference between getting paid $2000 and $20 for the same article. Another exception might be when the magazine has enough prestige that you are willing to compromise on rights for the honor and distinction of being published within its pages. And then there are certain work-for-hire agreements where the company is paying you to create a unique product that cannot be used elsewhere.
But, even if you are being paid $3 per word at a high-level magazine (wouldn't that be nice?), you still have the ability to negotiate. The worst they can really do is say no, and then you can make your final decision.
Retaining the rights to your articles means that you can sell them elsewhere as reprints so that you can multiply your returns on the same article several times over if you know which markets to target. I would not want to lose that opportunity.
It is a positive sign that the publication you are dealing with will cut you a portion of the proceeds if they manage to sell your articles elsewhere. I know of some very legitimate publications that do this. But these publications also have the prestige and high-pay factor that would make it worthwhile for most authors.
Does the publication you are dealing with have a good track-record when it comes to re-selling articles?
How will you know when they make a sale?
Are you okay with the articles potentially being offered for free to other publications?
Will you retain your by-line or lose all credit?
Do you, on your own, have the ability to re-sell the articles by targetting suitable markets?
Do they want all rights or shared rights (still allowing you to market your own work)?
Can you negotiate a higher fee in exchange for giving up more rights?
Insha'Allah, these questions may help you weigh the pros and cons of this deal. I also suggest reading this article for a detailed explanation of rights and copyrights as it applies to freelance writing.
Readers, kindly share your opinions below. Would you agree to such an arrangement?
Sincerely,
Amel S. Abdullah
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Showing posts with label negotiation. Show all posts
Showing posts with label negotiation. Show all posts
Thursday, February 28, 2008
Q&A: Feeling Shy to Negotiate
Question: I read your response below about the importance of negotiation. You are right that these things should be settled before submitting any work. But, when one is somewhat still in the beginning stages in their writing path, then it seems one is being presumptuous or over confident to be talking money before even knowing if your work will be accepted. What do you think?
~ A Sister in Islam
Answer: We were all beginners at one point, and I know what it is like to feel shy or hesitant about asking for money. Like many writers, I got into writing because I love the craft, and I did not initially realize the importance of having good business skills on the side.
Whether we like it or not, writing for publication is essentially a business. When magazines decide to purchase an article, they are buying a product that you took the time to craft, the same as if you were selling hand-made clothing, jewlery, or other goods. When it costs you $8 for the materials to make a hand-crafted necklace, you do not go and sell it for $3, $5, or even $8. You take into consideration your time and effort, as well as the expenses of advertising your product, participating in trade fairs, gas for your car, etc., not to mention the uniqueness of your product. In the end, the necklace might actually cost you $30 to make, but you end up charging people $50 (or whatever price you determine is reasonable) to buy it. At this point, the customer is not going to care if this is the first necklace you ever made, so long as you have produced a quality product.
While most people can understand the above example, writers are notorious for undervaluing their work. They are emotionally attached to their words and the idea of being published and buy into the idea that it's not right to ask for money. Meanwhile, everyone else working on the magazine, from the printer to the graphic designer, is getting paid a living wage.
If you are writing because you hope to make a living at it, you should have confidence in your work and agree on all issues of importance before allowing a magazine to publish your articles. As the managing editor of Our Rising Star Magazine, I have worked with numerous writers, and I can tell you that no one looks down on a writer who treats her writing as a business.
Some people will try to shame you into writing for free because you are a "beginner." Do not fall into this trap. If you want to write for free (or at reduced rates), do it because you think the publication is worth it. For example, it is a known fact that some/many Muslim magazines do not have the budget to pay their staff a living wage. Sometimes the editors themselves are volunteers. But don't give your work away just because you are new. Negotiate before publication, and do not worry about being presumptuous. So long as we are reasonable and retain our manners during negotiation, we are just doing what business people from all walks of life do on a daily basis.
Sincerely,
Amel S. Abdullah
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Do you have a question you’d like to see answered on this blog? Post it here, or send it to me via e-mail. All questions sent via e-mail will be posted anonymously (unless you request otherwise). Click here for an index of all questions answered on this blog.
~ A Sister in Islam
Answer: We were all beginners at one point, and I know what it is like to feel shy or hesitant about asking for money. Like many writers, I got into writing because I love the craft, and I did not initially realize the importance of having good business skills on the side.
Whether we like it or not, writing for publication is essentially a business. When magazines decide to purchase an article, they are buying a product that you took the time to craft, the same as if you were selling hand-made clothing, jewlery, or other goods. When it costs you $8 for the materials to make a hand-crafted necklace, you do not go and sell it for $3, $5, or even $8. You take into consideration your time and effort, as well as the expenses of advertising your product, participating in trade fairs, gas for your car, etc., not to mention the uniqueness of your product. In the end, the necklace might actually cost you $30 to make, but you end up charging people $50 (or whatever price you determine is reasonable) to buy it. At this point, the customer is not going to care if this is the first necklace you ever made, so long as you have produced a quality product.
While most people can understand the above example, writers are notorious for undervaluing their work. They are emotionally attached to their words and the idea of being published and buy into the idea that it's not right to ask for money. Meanwhile, everyone else working on the magazine, from the printer to the graphic designer, is getting paid a living wage.
If you are writing because you hope to make a living at it, you should have confidence in your work and agree on all issues of importance before allowing a magazine to publish your articles. As the managing editor of Our Rising Star Magazine, I have worked with numerous writers, and I can tell you that no one looks down on a writer who treats her writing as a business.
Some people will try to shame you into writing for free because you are a "beginner." Do not fall into this trap. If you want to write for free (or at reduced rates), do it because you think the publication is worth it. For example, it is a known fact that some/many Muslim magazines do not have the budget to pay their staff a living wage. Sometimes the editors themselves are volunteers. But don't give your work away just because you are new. Negotiate before publication, and do not worry about being presumptuous. So long as we are reasonable and retain our manners during negotiation, we are just doing what business people from all walks of life do on a daily basis.
Sincerely,
Amel S. Abdullah
-------------------------------------------------
Do you have a question you’d like to see answered on this blog? Post it here, or send it to me via e-mail. All questions sent via e-mail will be posted anonymously (unless you request otherwise). Click here for an index of all questions answered on this blog.
Q&A: Getting Paid while Living Abroad
Question: I wrote an article for an overseas publication that will pay about $30. We do not have PayPal in my country. What are my options for payment, considering that a bank transfer may cost $30-$40? Will the magazine cover the cost?
~ A Sister in Islam
Answer: This depends on the magazine in question. Some magazines do pay the costs of transfer fees, while others do not. Some magazines will split it 50-50. This is something you should ask about and agree on before writing for a particular magazine or publication.
Another idea is to write several more articles for the same magazine and then wait until the amount of payment is enough to justify the transfer fee. For example, if you make $180 for six articles, the impact of the $40 transfer fee will be less. Of course, this depends on your relationship with the magazine, if they are interested in having you write for them again, your trust in them, how long you would end up waiting for payment, etc.
If they value your writing services, they may also be willing to increase the amount of your payment if you explain that it is not economically viable for you to work for rates that are too low, and especially if you are losing money in the process.
The bottom line is: Negotiation.
Other than that, look into money transfer services such as Western Union and Money Bookers. These have fees, too, but you may find they are less than a regular bank transfer.
Write back, and let us know how it goes, insha'Allah.
Sincerely,
Amel S. Abdullah
-------------------------------------------------
Do you have a question you’d like to see answered on this blog? Post it here, or send it to me via e-mail. All questions sent via e-mail will be posted anonymously (unless you request otherwise). Click here for an index of all questions answered on this blog.
~ A Sister in Islam
Answer: This depends on the magazine in question. Some magazines do pay the costs of transfer fees, while others do not. Some magazines will split it 50-50. This is something you should ask about and agree on before writing for a particular magazine or publication.
Another idea is to write several more articles for the same magazine and then wait until the amount of payment is enough to justify the transfer fee. For example, if you make $180 for six articles, the impact of the $40 transfer fee will be less. Of course, this depends on your relationship with the magazine, if they are interested in having you write for them again, your trust in them, how long you would end up waiting for payment, etc.
If they value your writing services, they may also be willing to increase the amount of your payment if you explain that it is not economically viable for you to work for rates that are too low, and especially if you are losing money in the process.
The bottom line is: Negotiation.
Other than that, look into money transfer services such as Western Union and Money Bookers. These have fees, too, but you may find they are less than a regular bank transfer.
Write back, and let us know how it goes, insha'Allah.
Sincerely,
Amel S. Abdullah
-------------------------------------------------
Do you have a question you’d like to see answered on this blog? Post it here, or send it to me via e-mail. All questions sent via e-mail will be posted anonymously (unless you request otherwise). Click here for an index of all questions answered on this blog.
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