Diary of a Mad Editor

Granting certain publication rights to a publisher can be a tricky business especially when a writer doesn’t understand the rights he’s giving away. And, let’s be honest, publishers and editors rarely explain things to the writer. But, me . . . I’m a nice guy — really! Here’s your rights as I understand them — feel free to print this puppy out and use it as a reference if you’d like (see I just granted you the right to print this baby out to your heart’s content without compensating me. Although, your generous donations will be accepted.):

First North American Serial Rights
When you grant a publisher these rights you are agreeing to allow that publisher to be the first to publish your work in North America. Typically, these rights are exclusive for as long as the issue in which your work appears is current, meaning that you may not seek to use the work elsewhere until the next issue comes out. This could be anywhere from a week after the issue comes out to up to six months.

First Serial Rights
Much the same as FNASR, with two exceptions: first rights granted may be International, not just North American (when in doubt, ask) and second, rights revert back to you the moment the issue in which your work appears is published. In other words, if the issue is published at 11:59 pm. December 31, at precisely 12 a.m. January 1 all rights revert back to you and you may do with your work what you will.

First Internet Rights Grants the publisher the right to be the first publisher to publish your work on a website or in email form. Although you may not have the work published simultaneously by another Internet publication while these rights are being exercised, you may offer your work to a print publication (unless that print publication is also has a website and is contracting for FIR as well). Like FSR, these rights typically expire at the moment of publication. These rights do not usually include the right to publish in Internet media other than online, but always check with the publisher to be clear what rights you are granting.

Internet Archival Rights These rights go hand-in-hand with FIR. Although they are generally non-exlusive in nature and in no way infringe on your rights to market your work elsewhere after publication, by granting these rights you are allowing a publisher the right to archive your work on the Internet for an indefinite period of time. You may request that your work be removed, but why would you unless you are stupid and don’t want people reading your work?

First Electronic Rights Although, often confused with FIR, these rights normally pertain to publishing in electronic mediums other than the Internet such a CD-ROM or PDA. Unfortunately, file formats such PDF transcend different platforms, so that’s where the confusion comes in. For instance, an e-book publication could include both FIR and FER as it can be view on the Internet and on a device such as a PDA.

Second Serial Rights or, Reprint Rights
Granting these rights means that your work has already been published at least once before and someone else got FSR. Means what is says — you are granting someone else the right to reprint it.

Subsidiary Rights Granting various rights including all rights stated above as well as film, foreign and audio rights.

International RightsThe right to publish versions of a book in any or all countries.

Exclusive Rights
Ties-up various publication rights for a certain period of time.

All Rights
Basically, if you surrender all rights to your work, you are giving up the whole store. It means that you no longer own your work or the copyright to your work. Although, it is rare these days for a publisher to acquire all rights to a work, it is usually done in the case of “work-for-hire” projects and ghostwriting arrangements. It doesn’t necessarily mean that royalties won’t be paid or that you won’t be compensated — just means that you no longer have the right to do with the work what you will. If you do enter into such an agreement, be mindful of why you are doing it, exactly what you expect to get out of it, and what you are giving up in the process.

There you have it, my people, in a nutshell, all wrapped up with a bow. If you have any questions or comments let me know (and remember those generous donations).

Ah, yes. Yellow Mama is now online and, as first issues go, it’s a keeper. Even if I do have a story of my own in there (and therefore may well be biased), it’s a stunning debut. But you don’t have to take my word for it. Check it out for yourself.

Lately, I have been following Karl Koweski’s feud with the Guerilla Poetics Project with great interest. Now that he’s posted his most recent satirical rip on his MySpace blog — a piece entitled “The Last King” — I feel I have something to say about it.

Groups like the Guerilla Poetics Projects are all alike. Whether you call yourself the GPP or the ULA, or Stinky Pete and his Poetry Posse, it’s just the same foolishness. I’m not saying that sticking bad poetry in between pages of books in a Barnes & Noble isn’t fun or that drunken shout-downs at a book signing doesn’t have it’s charms. What I’m saying is that it doesn’t really serve the good of the small press community or enhance the good reputation of any small press writer. And let’s face it, it’s not like these people are living in a totalitarian society where they literally risk their lives every time they thumb their noses at the system. So, it’s neither brave nor especially revolutionary. If you are a small press writer with even a lick of talent and something to say, then your writing will speak for itself and eventually win some kind of readership. Making a public spectacle of yourself will only bring negative attention to you and give people further cause to ignore your writing. Remember I said that because when the passage of time proves me right, I am the type of guy who loves to say “I told you so.”