If there was nothing written and agreed about the exclusivity of the article then there's no reason they should be saying that. You get copyright in the article as soon as you write it, and you can only confer your own exclusive rights to publish to someone else via a written agreement.
I should probably note that I'm writing from Australian jurisdiction.
Not a Lawyer, but I've submitted art to small things before.
I'd check to make sure there wasn't some small print somewhere (if they have a website maybe there)that says "by submitting this to us you agree we own your stuff" or some such.
I know one or two art contests have had some truly awful small print agreements that were activated by mere submission of the art.
If not, and there was no exchange of contracts or anything umm that's a little skeezy.
I'd question the legal enforceability of something like that if it wasn't in the email. I would also add that as a practical matter, you should inform the magazine that your article was published elsewhere before you were asked to submit it. Any Canadian lawyers here? I'm working off the common law.
Oh I'm not saying it'd legally hold up in court, that's so far outside anything I would know ^^ But it is something I've seen it done, and then she'd know where they were coming from.
Well I'm guessing the magazine found out about her article via her blog? That's the implication I get when I read the post. It's a weird thing for the organisation to claim though.
How did you hear that they said you couldn't publish?
YOu should write back and ask them why they think they have control of your work, point out that you have already published the work elsewhere and state the terms on which you did, and add that if you do not hear within 30 days you will consider yourself free to publish elsewhere.
If they come back with some answer, then you could bring it back here for more information.
Well, then. I don't think the organisation has a leg to stand on.
If you didn't sign ana greement, or waive your rights, then you still own the copyright. As the person who was dealing with you didn't mention that, and seems to be as confused as you, tell them to fuck off.
Possibly not in those terms, but...
You had copyright. You created a licence for that copyright. You engaged in talks with others about possible publication. No agreement wsa reached on copyright issues, and the person you were dealing with has no idea what was going on - and they were the person doing the negotiating. If they don't know, how can you have negotiated or concluded any agreement?
For clairty and safety's sake, I'd still write to them and state that no agreement was reached in your opinion and you consider yourself free to publish and ask them to provide proof / evidence that you've agreed to these restrictions somehow. If they can't, then you should be in the clear.
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I should probably note that I'm writing from Australian jurisdiction.
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I'd check to make sure there wasn't some small print somewhere (if they have a website maybe there)that says "by submitting this to us you agree we own your stuff" or some such.
I know one or two art contests have had some truly awful small print agreements that were activated by mere submission of the art.
If not, and there was no exchange of contracts or anything umm that's a little skeezy.
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I would also add that as a practical matter, you should inform the magazine that your article was published elsewhere before you were asked to submit it.
Any Canadian lawyers here? I'm working off the common law.
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But it is something I've seen it done, and then she'd know where they were coming from.
The whole thing sounds really odd to me though.
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I AM NOT A LAWYER.
But it sounds skeezy to me too.
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YOu should write back and ask them why they think they have control of your work, point out that you have already published the work elsewhere and state the terms on which you did, and add that if you do not hear within 30 days you will consider yourself free to publish elsewhere.
If they come back with some answer, then you could bring it back here for more information.
Reply
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If you didn't sign ana greement, or waive your rights, then you still own the copyright. As the person who was dealing with you didn't mention that, and seems to be as confused as you, tell them to fuck off.
Possibly not in those terms, but...
You had copyright. You created a licence for that copyright. You engaged in talks with others about possible publication. No agreement wsa reached on copyright issues, and the person you were dealing with has no idea what was going on - and they were the person doing the negotiating. If they don't know, how can you have negotiated or concluded any agreement?
For clairty and safety's sake, I'd still write to them and state that no agreement was reached in your opinion and you consider yourself free to publish and ask them to provide proof / evidence that you've agreed to these restrictions somehow. If they can't, then you should be in the clear.
Reply
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