5

I am unsure if I adequately understand the concept of first electronic rights. If I post a story on a writers' website for free but also publish it through Amazon, will it affect me?

4

The Amazon agreement says: "You grant to each Amazon party, throughout the term of this Agreement, a nonexclusive, irrevocable, right and license to distribute Digital Books, directly and through third-party distributors, in all digital formats by all digital distribution means available".

That means you can also distribute your digital book through other media - free or paid - what includes a a free writing website. In legal terms of exclusivity, it won't affect you.

On the other hand. a lot of people will have access to your content freely and may not be willing to pay for it. Of course there are a lot of people who choose such an approach, appealing to those who like the content to buy it or donate money as support.

That will affect you, but not necessarily in a bad way.

It's hard to say if offering the book for free will make you earn or lose money. It depends on a lot of things and, especially for a not well known writer, it may mean profits.

| improve this answer | |
3

In general, "First [X] Rights" means "the right to be the first person/entity to do [X]," or "...to publish this piece in format [X]."

"First Electronic Rights" means first publication in a digital format. In this context, emailing a copy to your best friend isn't publication, but posting it on a publicly-accessible site (e.g. your blog, or a writers' website) is; publishing as an ebook available on Amazon certainly is. In general, as soon as you post or sell your story in any public venue online, you no longer have any First Electronic Rights to sell.

That being said, not having First Electronic Rights doesn't mean you don't have any Electronic Rights - they're just not first anymore. They'll likely still have value, particularly if you can eliminate the "first" source of publication, which lets you provide exclusivity. There's lots and lots of things you can do with Electronic Rights - it's so broad, that it's a good idea to negotiate very clearly on specific projects rather than the catch-all "electronic rights."

Note, also, that publishing digitally can also been seen as "taking" other rights, particularly First Serial rights - having published something online can make publishing it in print less attractive; it's no longer the "first" publication of the work.

All this being said, rights are negotiated over, and the precise degree to which you're likely to be able to sell any one right or a combination thereof (and for how much!) depends heavily on your particular piece and situation.

| improve this answer | |
  • This makes life harder for all of us that use writing sites to workshop stories and get critiques. You get a nice, polished story from all the quality input you get from other writers and readers, and then you can't do anything with it, you can't send it to contests for example, because they all ask for first publication rights. It sucks. – Tannalein Jun 24 '13 at 14:49
  • @Tannalein: Publishing-oriented writing sites usually figure out some way to keep works private - behind passwords or through email. – Standback Jun 24 '13 at 21:01
  • But not forums or communities. Some forums do have a private section available to only registered users for this very thing. On the site where I like to post my work you have an option to hide your work from search engines and unregistered users, but it's a huge site. If a possible publisher finds out I have an account there, all he needs to do is make an account and visit my page and I'm busted. Sure, I can delete it after I get my critiques, but nothing is ever truly deleted from the net. I don't want to spend my life worrying some publisher will discover that my story wasn't a "virgin". – Tannalein Jun 24 '13 at 21:20
  • This makes me worried! I think it is better to avoid writers site. Not good. – Javeer Baker Jun 25 '13 at 3:25
  • @Tannalein: this is going off on a tangent, but it's an important one. I've opened up a question: How to tell if a fiction workshopping site protects my rights? – Standback Jun 25 '13 at 7:09
0

this URL seems to answer the title question: http://www.writing-world.com/rights/rights.shtml

In granting/selling your First Electronic Rights to PublisherX, that means you send them a copy, and wait for them to publish it before you submit it to anywhere else.

Furthermore, Let's say PublisherX and PublisherY, both only want submissions that grant them First Electronic Rights.

Well, you already sent it to PubX. You need to wait to see if they accept it before sending to PubY. If PubX rejects it, then you can submit it to PubY because they are now the "first" to possibly publish it. If PubX accepts it, you MAY NOT sell it to anybody else as First, because they aren't the first.

I found this, because a site I am considering sending a submission to only accepts First Electronic Rights/First Printed Rights. Meaning that I can't simul-submit, and if they did accept and I found somebody else with the same deal, that story would not qualify.

The good news is, you still own your story. You can self-publish it later or build an anthology or something. You just have to understand that First rights is a big deal to what you can re-sell it as. Only one publisher can have First Rights.

| improve this answer | |
  • 1
    This is not entirely accurate -- you're confusing between simultaneous submissions, and first rights. If you have two markets that accept simultaneous submissions, and who both will want First Electronic Rights, then you can submit to both of them. Obviously, you'll only be able to sign with one of them. So, in your example, you can submit to PubX and PubY at the same time; but if they both want your story, you'll need to turn one of them down. – Standback Jan 18 '17 at 21:39
  • I'm less confused and more over-simplified the concept. If you don't want complications over First Rights in the same market, don't have 2 active submissions going on to publishers who both want First Rights. – Ken Forslund Jan 19 '17 at 23:12

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.