Contract red flag alert: perpetual license for derivative rights – by Victoria Strauss…

Originally posted by Victoria Strauss for Writer Beware and reblogged via TRSA:

SFWA’s Contracts Committee has recently been seeing a proliferation of contracts from small magazines, and a very few established markets, that license all derivative rights in perpetuity.

This is a red flag for a number of reasons, even if these rights are licensed non-exclusively.

A derivative work is defined by copyright law as “a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.”

This sort of rights grab is by no means normal; magazines generally only take very limited first publication and archival rights for a limited time.

Licensing the right to create derivative works can and mostly likely will interfere with the author’s right to exploit their right to create or license derivative works to others.

The risks of signing such contracts can be serious.

Continue reading at Writer Beware

About Sue Vincent

Sue Vincent is a Yorkshire-born writer and one of the Directors of The Silent Eye, a modern Mystery School. She has written a number of books, both alone and with Stuart France, exploring ancient myths, the mysterious landscape of Albion and the inner journey of the soul. She is owned by a small dog who also blogs. Follow her at scvincent.com and on Twitter @SCVincent Find her books on Goodreads and follow her on Amazon worldwide to find out about new releases and offers. Email: findme@scvincent.com
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13 Responses to Contract red flag alert: perpetual license for derivative rights – by Victoria Strauss…

  1. Thanks for helping spread the word, Sue ❤️

    Like

  2. Mike says:

    Well, someone’s getting greedy!

    Like

  3. Reblogged this on Claire Plaisted – Indie Author and commented:
    Must read…RED ALERT

    Like

  4. Life was hard enough for writers? We need more?

    Like

  5. dgkaye says:

    Thanks for this great share Sue. I’ve bookmarked for future reference. ❤

    Like

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