In the early days of computer game reviews, magazines paid for the privilege of "first world publication"; in simple terms, the magazine used the article after which all rights remained with the author. However, with the advent of the Internet (which encourages republication) and fear and greed by the publishers, the latest trend is for the publishers to demand all rights in the article. In effect, the writer is a disposable commodity, and his efforts will not gain him anything beyond the initial compensation.
The publishers claim that most articles are not reprinted and that administrative overhead prohibits contacting an author for republication rights. What this really means is that the publishers do not want to be bothered by writers. After all, they can always be replaced.
I think that this treatment is wrong, and when a publisher sends someone an eight to twelve page contract for a simple article which requires independent counsel for interpretation, something is very wrong. Therefore, I have written a sample contract which protects both parties (annotations follow each paragraph in bold italics). If you have any suggestions, modifications or criticisms, please e-mail me.
CONTRACT FOR MAGAZINE ARTICLE
I. This contract is entered into between {Name of Publisher/Address}, Client, and (Writer's Name/Address), Independent Contractor. The Independent Contractor hereby grants {Publisher) the "first world publication rights" in a commissioned article; this allows the Client the right to first publish such article anywhere in the world in printed format. {Self-explanatory}
II. All other rights are reserved to the author with the following exceptions: (a) the Client shall have the right to republish the article a second time at a rate equal to {40%} of the initial compensation, and any third or subsequent republication shall be compensated at a rate equal to {20%} of the initial compensation; (b) the Client shall have the right to use such article in electronic format on the Internet or an equivalent medium. The electronic format shall not constitute a secondary publication as long as the medium is freely accessible to the public; if the medium is changed as to require a charge per access by the public, then the Client and Independent Contractor will have to renegotiate Internet publication rights. Also, if the Client only utilizes publication in the electronic medium, then the Independent Contractor will be entitled to compensation for publication; a later printed publication will not constitute a secondary publication. {Internet rights are in a state of flux. At the present time, most magazines have a freely accessible Website which is free to users on the Web. The purpose of this clause is to allow the publisher the right to use articles on the Website without additional approval from the author. However, there are two exceptions: (1) if the Web changes so that users are charged a fee for each "hit", then the contract should be renegotiated in regard to the author receiving a royalty rate for such access charges; (2) a publisher could conceivably only publish an article on the Web, and thereby claim that the author is never due compensation. This proviso allows such publication, but protects both parties since the author is entitled to compensation at "first world publication rates" and simultaneously, the publisher can also publish it without additional fee at a later date in written format.}
III. A copy of any magazine/book published by the Client with the Independent Contractor's work shall be furnished to the latter without cost. {Self-explanatory}
IV. The Independent Contractor acknowledges that he is not the agent, representative or employee of the Client and no express or implied representations will be made to the contrary; he has no right or claim to any compensation or benefits (to include inter alia medical and retirement plans) other than the compensation for the article under commission. {In effect, the independent contractor acknowledges that he is not a full-time employee of the Client, and that he is not entitled to the benefits of full-time employees.}
V. Any additional rights granted to the Independent Contractor by the Client, e.g. on-line access, any Internet Service provider account, or complimentary magazine subscription shall be incorporated into this Contract as deemed necessary. {Self-explanatory}
VI. The Independent Contractor warrants that the article is an original work (unless otherwise noted), that it has not been published before, that it does not infringe upon any copyright or proprietary work, that such work will be conducted according to the guidelines of the Client, that such work will be submitted in a timely fashion, and that such work will not be submitted to other Publishers or Clients unless the Client agrees in writing. {The author promises not to forum shop, i.e., he will not submit an article to multiple magazines/publishers without notifying the Client of such action.}
VII. The Client agrees to pay compensation at {TBD}; if the article does not appear in print within {TBD} days, then all rights revert back to the Independent Contractor. A kill fee of {TBD} will be paid if such article was commissioned by the Client. {Compensation is TBD (to be determined), as are kill fees (the article was commissioned but never published).}
VIII. This contract may be terminated by either party upon written notice (by certified or registered mail), at which time all rights will revert back to the Independent Contractor after a period of {TBD} days. {Self-explanatory}