North American Fruit Explorers mailing list at ibiblio

[PermacultureNo1@aol.com]

In a message dated 12/20/00 10:16:59 AM, sweetent@home.com writes:

<< I don't wish to claim the expertise of an attorney on copyrights, but as
an author I have had experience and can state that both the author and
the publisher can own copyrights.<<

RIGHT.  However, we already know that the author wants copyright and in that 
case I would not seek it.  

>>For example, I as an author can transfer a one time North American right
to publish my article to a publisher. The publisher will copyright the
publication. >>

WRONG.  If you transfer one-time rights, that's all the publisher owns, 
whether or not s/he puts a copyright bug on the publication.  The rest of the 
copyright belongs to you, the author, unless you expressly transfer it.  
Generally, without a specific agreement to the contrary, an author not in the 
fixed employ of his/her publisher grants ONLY one time rights.  If the 
material is previously unplublished, than it may be assumed to be first 
publication rights, also.  Assumptions get you in trouble, of course, and 
everyone gets along better in the long run if allthe agreements are explicit. 
 If I sold a new article to, say, Organic Gardening Magazine, and they were 
tardy in publication, I would not publish elsewhere without advising them and 
giving them a chance to respond.  That is just good business manners.  It 
becomes relevant since, at least the last time I sold them anything, they pay 
on publication, not on acceptance.  These are fairly involved transactions 
and include things like agreements on the editorial rights of the publisher 
(e.g., how far can s/he go in changing the work of the author), etc.  

DH


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