Etiquette for Submitting Previously Published Work

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Brett Marie

Brett Marie

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Last year I sold a short story to a small market. I got a check but didn't sign a contract. I assume that after a year, the rights to the story revert back to me. I need to be sure of that, though, because I'd like to submit the story to another, better-known market, and I don't want to get into trouble.

Even if I technically have the right to submit this piece elsewhere, I also want to observe proper etiquette with the first publisher of my piece. I don't want to get a bad reputation.

Any advice out there?
 

Fruitbat

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Apologies if I'm saying things you already know.

First, check the first publisher's guidelines and make sure you do have your rights back. If what the deal is is listed on the site, then that's it and no contract is necessary.

Second, check the guidelines of the place you're sending it to and be sure they accept previously published stories.

If those both work, then in your cover letter state when and where it was first published, and a link to it if it's online. Ex: Enclosed is "My Story." It was previously published in the September 2010 issue of Old Magazine.
 
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Brett Marie

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Thanks, Fruitbat, but there is no mention of rights anywhere on the market's website. Now that I think about it, I suppose I could just email them and ask them...
 

Jamesaritchie

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Was there any fine print on the check? I've actually seen rights bought printed on a check in tiny, tiny type. It's unscrupulous, but it has happened. I've seen rights in e-mails, rights on websites, etc.

Generally speaking, unless you sign away rights, you're only selling First Rights, but I've seen some pretty unethical ways of of making writers sign away rights without their real knowledge.

I have had checks arrive in an envelope that also contained a contract, but I'm pretty sure I'm never sold a story that didn't have a contract for me to sign at some point.

Definitely e-mail, and if that doesn't work, make a phone call.
 
alexshvartsman

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Since you didn't sign a contract, you're under no obligation whatsoever to the original publisher. Having said that, it's good business and the right thing to do to check in with them anyway.
 
Brett Marie

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Thanks, all. I will be emailing them. I don't recall any fine print on the check, but then I wasn't expecting any tricks like that. It's good to know about these things.
 

Jamesaritchie

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It's not yours until you know it's yours. It probably is yours, but if not, it can jump up and bite you. If e-mail doesn't work, try the phone. Or give us the name of the magazine and see what we can learn.

But I can tell you this, rights do not revert back with a contract or permission. It's never automatic. The rights you sold stay sold.

Without a contract, you probably sold FNASR, but there's no way to know for sure without talking to someone there.

In the future, be sure you know what rights you're selling, and get a contract. I've never dealt with a magazine that didn't have some kind of contract.
 
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