Legality of querying

Okay, here's the deal...

I had a short story published in an ezine a few months back. The ezine has now folded (they even sent me an email telling me so). this ezine had (has?) the first North American publishing rights to my story. Now that they're defunct, do the rights revert to me?

I'd like to query this story again, but since no one wants the second rights, it'll be harder to do, unless the rights are mine again.

I think the answer depends on how the ezine folded and whether it assigned any rights or assets to a third party, such as a general assignment for the benefit of creditors. You need more info. If it was my story, I'd "reply" to the notice email they sent, thank them for the information, and say I'll assume the NA first publishing rights have reverted to me unless I hear back from them otherwise in seven days by reply email. And I'd send the email via receipt acknowledgment, high priority. But that's just me. A literary rights lawyer might have better advice.

rkollman

I agree - you should send an email to get that cleared up.

Hey Eva,

I've never had that happen before, but I've run into a sililar situation twice now. What should a writer do when an ezine accepts a story or article for publication, pays you, but then never publishes it?

Good question... whatever I'd do, it wouldn't involve returning the money.

Some of the bigger publications have something called a "kill fee." It's a fee they pay writers if they decide not to publish your story after they've accepted it. I think it's in lieu of the initial payment.

I think if a publication has bought the first rights, then you're kinda stuck. You can't send it out again until they've used the rights. If you write to them you might be able to work something out.