The Orange Prize Short Story Comp.

The third item down on the above page states:

Copyright of all entries will belong to 'the National Magazine Company' and will not be returned.

Sounds incredibly high-handed to me.

Seems a bit steep to me. So, if you enter, don't win or get shortlisted, the story still belongs to them??? How do you know they even got it or read it?
Elspeth

I think that clause means they can publish those entered stories in any of their magazines worldwide without either notification or payment to the author, and the author is not entitled to sell the story elsewhere as they now own the copyright. If there are any legal professionals out there, please correct me if I'm wrong.

Not only that, but they also want a passport photo...

I wouldn’t consider this.

This is saying that if you enter the competition you give away your copyright, regardless of the results.

In effect, they appear to be collecting free stories to sell or publish for their own profit.

That’s one hell of an entry fee! I’d like to hear them trying to justify it.

Dee.

I blow a rasberry in their general direction...

Nobody gets their hands on my copyright, and the fact that they are even demanded this, reveals to me they have a total lack of understanding of writers and the writing world.

Phooey!

JB

I blow a rasberry in their general direction...

Nobody gets their hands on my copyright, and the fact that they are even demanded this, reveals to me they have a total lack of understanding of writers and the writing world.

Phooey!

JB

Tell them to go poke it up their poopipe.

Dave

Nell,

Has anyone asked the National Magazine Company exactly what is meant by that condition? Members have raised a number of points on how they interpret this. If this applies to entries that are 'accepted' and presumably paid for, then fair enough - but I cannot see them 'stealing' ownership of a writer's work. If they do then this 'news' might make good television.

Len

Len, if you click on the link I posted at the very beginning of this thread you can read the conditions for yourself. It seems clear enough to me, and insupportable.

Nell,

I read. I understand. It was you who asked in your second Forum submission if an legal minds 'out there' saw this as a means for the stories to be used by any of the Magazines within the Group without payment or notification to the Author.

My reply simply says 'has anyone put this question to the Magazine Company'?

Your comment to that does not help so I shall write to the Magazine Group to find out.

Len

Nell
I couldn't find the link to National Magazine on the page you posted...the wording of the condition is an assignment of the author's copyright. By signing the terms and conditions or agreeing to them, you are explicitly consenting to the transfer of your ownership of the copyright in the story. Copyright in literary works belongs to the author unless there is a presumption otherwise. The clause you posted is an onerous term and I am surprised to see it. I think that someone has drafted a term without thinking through the legal implications (someone who obviously doesn't understand copyright!). I do not know whether it would stand up in court as it is not 'reasonable', but it would be best not to agree the term unless you want them to own your story! (or clarify with them that you are not assigning your copyright to them in writing).

I hope this helps!

Len, I'm sorry. I didn't answer your question directly because the statement on their page seemed clear enough to me not to need clarification by writing to the organisers. Asking for any WW members with legal training to corroborate this was just to be certain. Also I thought it possible that you hadn't read the link, just my quote. Surely these large organisations are very aware of what they are doing and have legal advisors? It must surely be a deliberate clause put there for a reason, which seems to me obvious.

Nell.

Traveller, thanks for your reply. It's good to have expert advice on this. It seems unlikely that anyone would go to court to challenge the ownership of a short story, yet this is what one would have to do in order to use a unplaced entry in another comp. or for publication elsewhere. Unless of course the author just went ahead and did it and waited to see if the organisers would challenge him/her in court. Unlikely I think.

Nell.

<Added>

an unplaced entry

<Added>

NB It may have been taken off the page because the deadline has passed.

Nell,

I have sent a letter to the National Magazine Company Ltd and also a copy of that letter to their MD, Duncan Edwards.

I shall let you know when I receive a reply.

Len