Ink Slingers
Would you like to react to this message? Create an account in a few clicks or log in to continue.

Ink Slingers

A hangout for writers.
 
HomeSearchRegisterLog in

 

 Legality of querying

Go down 
AuthorMessage
EvaBrick
Bookmark Poster
EvaBrick

Posts : 36
Accolades : 5
Join date : 2011-02-04

Legality of querying Empty
PostSubject: Legality of querying   Legality of querying EmptySun Mar 06, 2011 12:43 pm

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.
law
Back to top Go down
rkollman
Admin
rkollman

Posts : 59
Accolades : 11
Join date : 2011-02-03
Location : Texas

Legality of querying Empty
PostSubject: Re: Legality of querying   Legality of querying EmptySun Mar 06, 2011 2:55 pm

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
Back to top Go down
https://inkslingers.canadian-forum.com/
InkSlinger
Admin
InkSlinger

Posts : 82
Accolades : 10
Join date : 2011-02-03

Legality of querying Empty
PostSubject: Re: Legality of querying   Legality of querying EmptyMon Mar 07, 2011 12:47 pm

I agree - you should send an email to get that cleared up. Writing
Back to top Go down
https://inkslingers.canadian-forum.com
EmJay
Bookmark Poster
EmJay

Posts : 23
Accolades : 2
Join date : 2011-02-18

Legality of querying Empty
PostSubject: Re: Legality of querying   Legality of querying EmptyMon Mar 07, 2011 12:50 pm

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? scratch
Back to top Go down
EvaBrick
Bookmark Poster
EvaBrick

Posts : 36
Accolades : 5
Join date : 2011-02-04

Legality of querying Empty
PostSubject: Re: Legality of querying   Legality of querying EmptyFri Mar 11, 2011 9:45 am

Good question... whatever I'd do, it wouldn't involve returning the money.
moolah
Back to top Go down
JerryT99
Bookmark Poster
JerryT99

Posts : 13
Accolades : 1
Join date : 2011-02-13

Legality of querying Empty
PostSubject: Re: Legality of querying   Legality of querying EmptyFri Mar 11, 2011 6:52 pm

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.
Back to top Go down
Sponsored content




Legality of querying Empty
PostSubject: Re: Legality of querying   Legality of querying Empty

Back to top Go down
 
Legality of querying
Back to top 
Page 1 of 1

Permissions in this forum:You cannot reply to topics in this forum
Ink Slingers :: The Workshop :: Query help-
Jump to: