O.k. Allow me to take this opportunity for a quick tutorial for those of you who are still practicing amateurs, but who hope to be gainfully employed in some capacity as writers one day.
If you've been around this business for awhile . . .and a business it is...you'll notice the odd practice of people being paid for what they write. Does this seem like a good idea to you? Would you like to get in on this growing trend? Then there are some fairly basic guidelines to be aware of.
Be advised, this is only a partial list and I will be back later to give you even more information.
1.) If you want to be paid, be sure of what you want to be paid for.
This means that, if you have written a piece of fiction or poetry or even non-fiction, the piece, in its entirety is NOT what you are selling. If you are selling something to a magazine, digest or book, you are actually selling the RIGHT to publish that piece of writing. You can sell this right(called a "copyright") in several ways. You can sell First North American rights. You can sell First Publication Rights. You can sell North American publication rights. You can sell First Reprint rights. You can sell All Rights (never advisable) or you can publish under what is known as Work-For-Hire (NEVER EVER advisable, but occassionally unavoidable in certain venues). Be aware that what rights you retain differ greatly depending on what contract you sign. The amount of payment will also vary with the kind of rights you sell.
Most magazines have a standard contract and Copyright Release form that they use. Reputable magazines do not need to be worried about in this respect. Most have standard boilerplate release forms and are perfectly safe to deal with. However, for any publication or publlisher you are unfamiliar with, check ANY Copyright Release form carefully. You will find copies of some standard release forms at the library, possibly in copies of Writer's Market. Some magazines are willing to mail you copies of their standard release forms if you request it with a self-addressed-stamped envelope(SASE). Not all copyright statements read alike, but small variations are no real problem.
NEVER EVER sell a piece of writing without signing a Copyright Release form. This protects you AND the buyer. Without such a signed release, you have NO protection or proof that the writing is question is actually yours.
2.) If you want to be paid for what you write, make sure you know WHAT you will be paid, upfront, BEFORE the sale.
Never let someone pursuade you to sign a copyright release form without something in writing about your compensation for said writing. This compensation information may sometimes appear in the release form, but more often will be separate. NEVER sign a release without some kind of written arrangement regarding payment.
Some publications pay upon acceptance. This means you send in a story, they accept the story and, pending your copyright release form (as well as a standard disclaimer stating that the work you are selling is your own), they will render payment for the writing. This usually means the check is in the mail, but in this day of electronic money transfers, you may be able to arrange a direct deposit.
Some publications pay some part of the fee upon acceptance and the rest upon publication. This is less likely, but still possible, especially with smaller, less liquid business ventures. It's not recommended, but with this at least you get something up front and you'll have something in writing with which to collect the remainder of your payment should the publication renege.
Some publications only pay upon publication. This is the less accepable alternative and should be avoided whenever possible, as there is often a months-long, if not years-long wait for publication and, sometimes, no publication at all. This ties up your writing, preventing you from offering it to a better paying market and denying you any recompensation for your time and effort. Should the piece never be published you would still have to obtain a release from the publication in question before you would be able to peddle the piece elsewhere, EVEN IF THE PUBLICATION GOES OUT OF BUSINESS, as the owner MAY be able to retain rights to any works in progress in case of starting up a different publication.
Some publications pay a certain number of months AFTER publication. If you are at all interested in being paid...avoid these publications. Some are quite honest and scrupulous, but with mail difficulties, the possibility of editorial changes, etc., you are far less likely to be paid under this arrangement and it is infinitely more difficult to collect payment later. As I said, many reputable publications may still pay under this arrangement, it's just another headache you probably don't need at this stage of your writing career.
Many, many publications only pay in copies. This means, you give them whatever publication rights you want to give them and, in return, they give you a byline and a certain number of copies of the publication in question. This is the ONLY compensation you will receive. If you do decide to go this route, ONLY allow them First North American publication rights. NEVER give more than that for a "copies only" publication. This prevents them from offering reprints of your writing for their own financial benefit with NO benefit to you. It also allows you to shop your piece around as many publications will pay for SECOND North American rights (think Reader's Digest, Utne Reader, etc.)
I'll give you more information later about how to assess the correct amount to charge in various situations, when to negotiate rights and when to shut up and put up, and when to take your writing and walk away another time.
For now, and I can't stress this enough...
whatever you do, as a professional writer, make SURE, no matter
who you deal with or how honest they seem...(and engrave this
on your eyeballs, your monitor and the backside of your firstborn
if you have to)...GET IT IN WRITING!!! EVERY SINGLE TIME!!!
NO EXCEPTIONS!
This does not make you seem finicky. It makes you a professional.
And if you want to be paid, that's what you are.
Pat Christensen
March 26, 2001
Pat is co-moderator of the Writers_Wring List