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Re: Thoughts on copyrights



On Wed, 10 Sep 1997 11:35:57 -0400 Susan Kapuscinski Gaylord
<sgaylord@xxxxxxxxxxxx> writes:
> it is considered ?Work for Hire.? This means
>that they have hired me to write the article for them, even though it
>was my idea. They own the article and the copyright, not me. Of all
>the
>unfair things about this, the line in the contract that bothered me
>the
>most was the one that said that they could reproduce it whenever and
>wherever they wanted, and they didn?t even have to put my name on it.
>At
>this point, I?m not worrying about it. If nobody likes the article,
>they
>won?t want another one. If it?s well-received, I may have more
>bargaining power. We shall see.
>
>in good spirit,
>Susan
>
>Susan Kapuscinski Gaylord
>Neewburyport, MA
>

Susan,
Publishers often try to squeeze as much out of the talent as possible
(perhaps I should make that MANY publishers, not all). This is especially
true now that every publication seems to be putting up a website. They
claim they can't afford to pay more for the content because it is a new
and costly endeavor, yet they want you to sign away your rights forever.
Thus, when they start making money off this endeavor you contibuted to,
they are under no obligation to share the wealth with you. I am a
photographer and have had numerous negotiations on contractual issues. I
am no expert but I have discovered there is usually some room to
maneuver. Often I have expressed disatisfaction with certain clauses in
contracts and  they have been removed or adjusted more to my liking.
Sometimes it can be a drawn out battle but if you are firm and polite in
your dealings you can get them to accomodate you. If not, then you may
want to reconsider whether you want to work for someone who devalues your
work in such a manner.

Sincerely,
David kern
dkern@xxxxxxxx


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