copyright question

Joanna Hoyt

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I was hired to write a short story for an anthology through a freelancing website. The site's general policy is that pieces contracted through them count as work for hire and the rights belong to the client. I told this client that I wasn't comfortable assigning all rights to them for what they were willing to pay, they agreed and we have a contract saying that rights revert to me 6 months after publication. That part is similar to the usual contracts I sign for more traditionally submitted manuscripts. Unfortunately I didn't think to also ask for the standard clause about when rights revert to me if they never publish my story. (I won't make that mistake again...)
That was about 18 months ago; the anthology was supposed to come out a year ago; it never came out; the prospective publisher's website has been inactive for more than a year and nobody answers their email. And I have become rather attached to that story and would like to try getting it published elsewhere, after some substantial revisions. I'm trying to figure out whether at some point I have the right to do that if the entity with which I have a contract no longer exists. Any thoughts would be greatly appreciated.
 

Debbie V

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Check with a lawyer.

Have you tried to locate the person who signed the contract? Have you made phone calls as well as sending e-mails? Have you looked for an address for the company and sent a letter? Were you paid for the work? If you were never paid, and you have done everything you can to locate anyone who may have been involved with this anthology, I believe you have no valid contract.

Have you looked for old Bewares threads about this entity on AW? Someone here may know something.

If you were paid, that may or may not change anything. A contract requires a second party. Document your attempt to find them.
 

Joanna Hoyt

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Yes, I was paid. I have been unable to find a phone number or physical address for the company. I've tried communicating through the freelance site and all other electronic routes I know of. Also tried searching the web for anything recent abut the company. No luck.
 

WeaselFire

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Just rewrite the same information into a different article for a different publication. You need to learn to reuse research multiple times to make it pay off for any freelance writing. And every magazine has a different slant anyway.

Jeff
 

Joanna Hoyt

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Thank you. Actually, this is fiction--though I do intend to substantially revise it, and maybe that obviates the necessity for getting the rights cleared up. I am used to repurposing information for different nonfiction markets.
 

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Thank you. Actually, this is fiction--though I do intend to substantially revise it, and maybe that obviates the necessity for getting the rights cleared up. I am used to repurposing information for different nonfiction markets.

I would consult an attorney. You've been paid. I have no idea what rights they've acquired and am not an attorney, but any revision that isn't a new and completely different story will be a derivative work, not a new work, and you sold at least some of the rights.
 
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Old Hack

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Medievalist is right. You need proper legal advice here, from a lawyer specialising in this area.

You have to consider not only whether you're ok to publish the piece elsewhere, but what the new acquiring publisher will face if the old publisher surfaces, and discovers you've published the piece elsewhere.
 

WeaselFire

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Thank you. Actually, this is fiction--

Stop right there. If you got paid, and sold the rights to the story, you cannot easily resell the same story. If you only sold first rights, you could sell it to another outlet for second rights, but they would need to wait for first publication.

Spend the money and write something new.

Jeff