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Electronic Rights to Writers' Works

The Authors Guild has issued an alert to writers about electronic rights. Some publishers are automatically giving reproduction rights for previously published magazine articles for on-line accessibility on various computer networks or for special-edition CD-ROMs.

Certain magazines have already used works, for which they in turn received royalities, without giving the writers their share of such income. As writer's organizations have identified the problem, more magazines are now negotiating electronic rights. Depending on the nature of the work, writers will have to decide for themselves if a royalty recompense or an outright fee (perhaps for one-time rights) is the appropriate return.

Both the Authors Guild and the American Society of Journalists and Authors take the stance, "In this struggle, recognition of the simple legal principle that every electronic publishing right initially vests in the creator until is it expressly granted to someone else is crucial."

The issue is complex, but the gist of it is that writers should not sign away their interests in future electronic rights. Then, when their work is wanted for on- line or CD-ROM use, they should negotiate for fair payment. Read all contracts carefully.

The "up" side is that many writers are now receiving bonus payments for articles written years ago--that's GOOD news.

-gtd

(For additional information about writers' rights, click "rights" on the PWC home page or above.


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