The Business of Writing

Simon Whaley's Resource For Writers

Tag: Rights

Negotiate. Nicely.

I recently had to renegotiate a contract with a magazine I’ve done work for in the past. Looking back, I realised that the current contract which I was working with was over ten years old. And ten years is a long time in the magazine world.

You won’t be surprised to learn that I didn’t like the revised contract. But that didn’t matter, because these things are always just a starting point.

When you receive a contract, take yourself off somewhere quiet and read through it. If it helps, read aloud each clause. Do whatever it takes for you to understand it.

  • Highlight in one colour clauses you don’t understand.
  • Highlight in another colour the clauses you don’t like.
  • Then put it to one side and do something else.

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DACS Details

You may remember that at the start of the year I posted about the upcoming changes at DACS and ALCS regarding the way we can claim secondary rights for any images used in our work.

For those who don’t know, when our work is published it becomes available for photocopying. The Copyright Licensing Agency collects money from various sources (organisations such as schools, universities, public sector organisations, etc), and they redistribute that money to writers and illustrators, via a couple of distribution agencies. To receive a share of the cash you need to be a member of the relevant distribution agencies: ALCS and DACS. (I should point out that it’s not just photocopying money that is redistributed by these organisations, but it’s one of main sources of their income.)

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DACS Change

It’s all change at DACS. There are two dates you need to put into your shiny new 2017 calendar:

  • 16th January 2017
  • 17th February 2017

The first date is when the DACS Payback Scheme opens for your 2016 claim, which is much earlier than usual (traditionally, it’s opened in August). The second deadline is the cut-off date for claims.

For those of you who don’t know, the DACS Payback scheme is the system photographers use for claiming money they’re entitled to for any secondary uses of their work (the most common example of which is photocopying: a magazine might pay you for using your photo in their publication, but if someone else then photocopies that magazine article you’r entitled to be paid for that use too). It’s similar to the ALCS system for words.

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What’s Mine Is Mine

41i3axnkn9l-_sx311_bo1204203200_Sometimes, it’s not until you build up a body of work that you really appreciate what you have created. And that’s when the consequences of being a little slap dash with the rights you grant others in your work becomes apparent.

When you’re starting out, it’s easy to be swayed into granting more rights in a piece of your work than you’d like. You know you really ought not give a publisher copyright in your article, but they are going to publish it (which is what you really want) and, let’s face it, who is going to turn Ten Alternative Uses Of A Nose-Hair Clipper into a movie?

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