A father-son chat

My son Brady who draws the skunks for this blog is about to have one of his drawings published by a national journal. My fatherly advice to him...

Dear Son,

I am very proud that a national publication has asked to publish your work. I have always been proud of your wit, skill and creativity, and it is wonderful to see it recognized by the editors of a high quality magazine.

But it is time to have a little father-son talk about "reproductive" rights. I know how heady that feeling can be when you realize someone wants you, thinks you are wonderful. But son, please don't let this new relationship blind you to some realities of life. You may not want to hear this, but I say it only to protect you.

Look carefully at the language of the copyright agreement the Publisher wants you to sign:

Author hereby grants to Publisher all right, title, interest in and to the Work, including copyright in all means of expression by any method now known or hereafter developed, including electronic format...

Are you really willing to give up all rights to your baby - forever? You will never be able to use it again without asking permission of this first Publisher. The Publisher can use and reuse and sell your creative work again and again if it so chooses in any format, to any other Publisher, no matter how low and degraded. Is this really what you want?

I am old man and have been around the track a few times. Let me give you a suggestion. Send in your own publication agreement. Word it something like this:

The Author hereby grants the Publisher the exclusive right to the first publication of the Work in the ________ (date or volume) edition of  ____________ (title of publication) in print format only. This exclusive right extends only for 90 days after publication, after which the Author may republish the Work in any format or resell to any publisher. A separate permission must be granted for any use of the Work in any other issue of the publication, in any other publication, or in any other format. The Publisher may not resell the Work or grant permission to any other entity to use the Work without the Author’s written consent. The Author retains exclusive copyright ownership of the Work. 

What is the worst that can happen? The Publisher will say "no" and negotiations will continue.

Your creative work is what will sustain you financially and emotionally throughout your career. Learn, my dear boy, to treat it well, guard it carefully, and value it highly. Your father wants to make sure you earn enough money from your efforts to place him in a nursing home of high quality when he enters his dotage. Publishers are seductive, but they may have their best interests at heart, not yours.

Love,
Dad 

Comments

[Margaret S]

Hi Doug,

Control could also mean putting your own work in the Creative Commons.

Do you think Brady would like to consider these resources ?
Creative Commons Video
http://www.youtube.com/watch?v=P3rksT1q4eg
or
http://www.lessig.org/content/audio/ [Future of Ideas]

A Blue Skunk Blog fan,
Margaret

[Doug Johnson]

Hi Margaret,

Creative Commons will be part 2 of the conversation we will be having this evening at supper. The main idea I want to get across to the young man is that HE needs to keep control of his work, not someone else. That way he is free to place it in Creative Commons if he so chooses.

I appreciate the reminder, though.

Doug

[Patty]

Interestingly, something similar just came up in Andy Carvin's blog:
http://www.andycarvin.com/archives/2007/03/how_winnie_became_a_greeting_card.html

Good luck to your son, and good advice, father!

Patty

[Cathy Nelson]

Be sure to see what Andy Carvin posted today about his cat's picture that is now on greeting cards.
http://www.andycarvin.com/

[Susan Sedro]

Doug, Thanks for sharing the better publication agreement. I appreciate this entire post. I can envision having this discussion with talented students whose parents may not be up enough on this to give them such wise advise.