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CONTRACT RED FLAG ALERT: PERPETUAL LICENSE FOR DERIVATIVE RIGHTS – by Victoria Strauss…

Chris The Story Reading Ape's Blog

on Writer Beware site:

SFWA’s Contracts Committee has recently been seeing a proliferation of contracts from small magazines, and a very few established markets, that license all derivative rights in perpetuity.

This is a red flag for a number of reasons, even if these rights are licensed non-exclusively.

A derivative work is defined by copyright law as “a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.”

This sort of rights grab is by no means normal; magazines generally only take very limited first publication and archival rights for a limited time.

Licensing the right to create derivative works can and mostly likely will interfere with the author’s right to exploit their right to create or license derivative works to…

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About The Owl Lady

Viv Drewa is a Michigan native who has enjoyed reading and writing since 1963. Though she studied medicinal chemistry at the University of Michigan, her passion has always been writing. She had been awarded third place for her nonfiction short story about her grandfather's escape from Poland. Later, she rewrote this story and was published in the "Polish American Journal" as "From the Pages of Grandfather's Life" and has republished it on Amazon.com as a short story. Viv took creative and journalism courses to help in her transition to fulfill her dream of becoming a writer. She worked as an intern for Port Huron's 'The Times Herald", and also wrote, edited and did the layout or the Blue Water Multiple Sclerosis newsletter "Thumb Prints." She also has a business promoting authors. Owl and Pussycat Book Promotions. Viv, her husband Bob and their cat Princess, live in Fort Gratiot, Michigan.

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