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  • first & second serial rights
    by Lonwrite at 19:15 on 04 February 2013
    I just wondered what the situation is with regards selling the same copy down the line to another publication.

    Do you always have to mention that it's been previously published elsewhere, offering second serial rights, or is there a time limit on this - 6 months, 12 months etc.?

    In the past, I've always made sure that any publication using the same article is in a different business sector, so there would be no cross-over, but a couple of times recently I've lost commissions because I mentioned that an article had been used previously.

    I just wondered if, after a few months, I wouldn't have to mention anything.

    Regards
    Mark
  • Re: first & second serial rights
    by EmmaD at 09:51 on 05 February 2013
    Hi Mark

    I think I wouldn't say anything unless I'm asked, or it's in the submissions guidelines. And if I am asked I'd be honest, but make it clear when it was, while playing down the size and scale of the publication if that's realistic.

    The alternative is to shift enough commas and phrases around that you can say to yourself reasonably truthfully that it isn't the same article, and then not say anything to the publication. A re-tread, in other words.

    I remember reading somewhere that the only way to make journalism pay is to wring at least three different pieces out of the same material, so it must be a fairly universal habit.
  • Re: first & second serial rights
    by MariaH at 20:32 on 06 February 2013
    Does that mean I can re-submit short fiction that I sold many years ago, Emma? Not sure if I would or even if they'd suit today's magazines, but I'm just curious.
  • Re: first & second serial rights
    by Lonwrite at 22:11 on 06 February 2013
    Apart from upsetting an editor what's the worse thing that could happen if a magazine found out you'd had something previously published?

    Apart from refusing to pay you would they a good have grounds to start legal proceedings?
  • Re: first & second serial rights
    by EmmaD at 10:02 on 07 February 2013
    would they a good have grounds to start legal proceedings?


    Well, if it's in the contract that it's not been published before, then they could sue you for breach of contract. I don't suppose they would, but you could kiss good bye to them ever giving you work again, I should imagine. And word gets about?

    What I don't know is what is standard practice in this area, about how up-front honest people are (as opposed to honest if they're asked) - given that half the time there aren't very obvious submission guidelines, and there's certainly not a formal, paper contract (though of course pretty much any agreement involving "a consideration" - i.e. money, is legally speaking a contract).

    One of the WW journos might know.

    Maria - I guess it depends if you think you could get away with it, and you don't mind the risk of being caught... But on the internet everything lives forever, of course.