previously published story

ginger punch · Jan 15, 2015

I wrote a short story that was published in a small, online journal. This was about 5 years ago. The online journal doesn't exist anymore.

Since the journal where it was published is now defunct, am I free to submit it to other journals? If so, do I need to let the other places know that it was published before in a journal that isn't around anymore?

Thanks!

Hoplite · Jan 15, 2015

ginger punch said:
Since the journal where it was published is now defunct, am I free to submit it to other journals?

Maybe, check the stipulations of your contract when you made the sale. Since it was 5 years ago you're likely free resubmit it, regardless that the publisher doesn't exist anymore.

If so, do I need to let the other places know that it was published before in a journal that isn't around anymore?

Yes. It might be in the original contract that you have to mention where the story was first published, and publishers want to know if-and-when a story has been published before.

Jamesaritchie · Jan 15, 2015

Whether you're free to publish depends on what rights you sold. If you sold FNASR, you're fine. If you sold all rights, you no longer own the story, whether the magazine still exists or not. This is the danger of selling all rights. Doing so means the story is no longer yours, and you can't even write a screenplay based on the story, or do anything else with it. The story is gone forever.

So check the contract.

If you are allowed to sell it again, yes, you must inform potential buyers when and when it was first published. First rights are gone, and somewhere in the great Internet Wasteland, the story almost certainly still floats around, just waiting to be discovered. The last thing you want is for a magazine to buy the and publish the story, and then learn that it had been published before.

Believe me, if anyone read the story on the first go around reads it again elsewhere, they will inform the magazine.

didi768 · Jan 16, 2015

Someone used my short story once too but I don't remember a contract or anything. I better go look now that someone brought this up lol

Jamesaritchie · Jan 16, 2015

didi768 said:
Someone used my short story once too but I don't remember a contract or anything. I better go look now that someone brought this up lol

If there is no contract, it gets really tricky because some places will try to grab all rights by having posted guidelines that say all contributions become their property.

Twizzle · Jan 17, 2015

ginger punch said:
Since the journal where it was published is now defunct, am I free to submit it to other journals? If so, do I need to let the other places know that it was published before in a journal that isn't around anymore?

Thanks!

As others said, check what rights you gave away. If you're free to resubmit, you want to do so to places that accept reprints. A lot don't. So really check submission guidelines.

And yes, when you submit you need to let them know where and when it was published.

Good luck!

ginger punch · Jan 17, 2015

I found the publishing agreement for my story. Here is the part that talks about rights (names were removed):

"I hereby grant non-exclusive worldwide electronic publishing rights for the above-mentioned work to XXXX XXXXX for a period of one year from the first date of publication on the XXXXXXXXX.com web site and through other electronic forms of publication undertaken by XXXXXXX magazine, understanding that this work will be published for the full period. XXXX XXXXX, however, retains the right to remove this work from the website before the end of this period, for any reason and without notice to the owner of the work.

Additionally, I grant XXXX XXXXX non-exclusive, worldwide print publishing rights for this work for a period of one year from the first date of publication on the XXXXXXXXX.com web site, which may be used to include a copy of this work in a single printed anthology of works collected from the XXXXXXXXX.com web site."

Since the story was published about 5 years ago, I guess I could send it out again even if the journal was still around.

If I start sending it out again, I will let them know when and where it was published before. Next question: Does being previously published make it even less likely that it would be accepted now?

Thanks to everyone for the advice and information!

Steve Coate · Jan 17, 2015

It just narrows the number of markets that might accept the work. Some publications won't buy reprints. You can do a free search on the Submission Grinder and filter it for publications that do.

Fruitbat · Jan 18, 2015

@Ginger, it appears you do have your rights to the story back (except for first rights, which can only be used once and have been used).

As others have said, yes you are expected to mention that to other publishers when you submit the story, and do check first to see if they accept reprints. Sub-grinder, as mentioned, or Duotrope, or the publications' websites will let you know.

I've had many stories published several times over. The majority of places don't want them though, so it takes a little digging around to find the publications that do consider them. Good luck!

didi768 · Jan 18, 2015

Well I for one cannot locate the guy or his website that asked to use my story, this was like 7 yrs. ago. Tried googling it but still can't find it so I will use it still for whatever. I have to take that chance.

previously published story

ginger punch

Hoplite

Return of the Coffee Shield

Jamesaritchie

didi768

Jamesaritchie

Twizzle

Cluck that.

ginger punch

Steve Coate

...

Fruitbat

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didi768