Question about rights for a revised story

defcon6000

Banned
Joined
Apr 27, 2009
Messages
5,196
Reaction score
696
Location
My shed
Okay, so this is the scenario: I'm rewriting a story that was once posted elsewhere several years ago. And technically, that means it has been published. But the site has died and I'm heavily revising this story. Still has the same story plot, characters, and chunks of dialogue, but could it count as a new story, or at least be able to sell it for first North American publishing rights?

Thanks in advance!
 

Old Hack

Such a nasty woman
Super Moderator
Absolute Sage
Super Member
Registered
Joined
Jun 12, 2005
Messages
22,454
Reaction score
4,957
Location
In chaos
It depends on so many variables that I can't give you a proper answer, I'm afraid.
 

defcon6000

Banned
Joined
Apr 27, 2009
Messages
5,196
Reaction score
696
Location
My shed
Aww. What variables do you need to know? It was suggested that I change character names and adjust the dialogue. I can change descriptions too, if necessary.
 

Old Hack

Such a nasty woman
Super Moderator
Absolute Sage
Super Member
Registered
Joined
Jun 12, 2005
Messages
22,454
Reaction score
4,957
Location
In chaos
Bearing in mind the outline you've provided, you could probably get away with changing a couple of things and putting your story out there again. But is it ethical or reasonable to do so?

If you took someone else's work and changed character names, adjusted the dialogue and changed a few descriptions, would that make it your own work? Nope.

So if making those changes can't transform someone else's work into yours, how can they change an old story of yours into a whole new one? In my opinion you'd need to change so much about the story for this to be a reasonable thing to do that you'd be better off just writing a whole new story to begin with.

Which isn't to say that you shouldn't rework your story: I've done that a lot, particularly with non-fiction. But I always made sure that the editors in question knew exactly what I was doing and were happy with it.
 

defcon6000

Banned
Joined
Apr 27, 2009
Messages
5,196
Reaction score
696
Location
My shed
Ahh, okay. Bit more of an ethical issue than I thought. Would it be best to query the publisher (this is for a short story), and tell them the situation? Then they can say yay or nay to the idea.
 

Jamesaritchie

Super Member
Registered
Joined
Feb 13, 2005
Messages
27,863
Reaction score
2,311
Being published does not always mean you can't sell first rights. You can sell any rights an editor is willing to buy. It's just this simple. Previously "published" is meaningless. No one bought first rights from you, so if an editor still wants to, he can.

The trick to all such questions is simple. Always be honest with editors, and let them make their own decisions.