ON PUBLISHING #2: Copyright & Other Rights

My book contract for my manuscript, PRAISING ALL SEASONS LONG: Haiku Verses, was sent through UPS the other day. I went through the 7 pages thoroughly before I signed them. Then, with too much excitement, I shared the news with my online friends. Many congratulated me, from Namibia to the Philippines. Any friend from Down-Under? Hello, do I still have friends down there? (LOL) Some already told me that they are going to get their copies. (G.C., a history teacher-friend in Italy promised to get his copy even before I pitched the work to the publisher). Some told me that they'd mention the upcoming book to their friends. To all of you, thank you.

Anyway, B.K., a friend in U.K. asked me yesterday what I mean by exclusive right. She feels that it is unfair for the publisher to have total right to somebody else's work. One proviso of the book contract is a 7-year exclusive right to the publisher. So allow me to write something about copyright and rights.


A writer publishes his/her work, may it be a book or article, for the consumption of the public. While the work is in circulation, there is a tendency that somebody can plagiarize it(i.e. copy or publish it in his/her name). Copyright protects the writer for such suckers.

Technically, copyright is secured automatically when the work is set down for the first time in written form.(How to Write & Sell Your Life Experiences: 1993.148). The writer doesn't have to register it to a copyright office. However, by registering your copyright, you can bring suit against someone for infringing your copyright. In the USofA registering a copyright will allow the writer to recover attorney's fees and some damages from the defendant. (The Writer's Essential Desk Reference: 1991.38).

Further, there are other rights that a writer has to consider once his/her work is being negotiated for publication. These are what we call "All or exclusive right", First Right, Secondary Right, One-Time Right, and Subsidiary Right.

The signed contract to my manuscript, "PRAISING ALL SEASONS LONG: Haiku Verses", has a proviso for a 7-year exclusive contract. This means that the publisher have the ownership of my manuscript. I have to wait until the 7-year "all right" expires before I can sell or reproduce the manuscript again to another publisher. Again, one advantage to an "All Right" is that the writer does not have to spend (except time to proof-read galleys, etc.) any money from printing to marketing. Transaction of "All Rights" must be completed with a signing of written statement (contract). Without a written contract, the author only gives "One-Time Right" to the publisher, which is much like "First Right".

Wonder why you see some articles appear in several magazines? The reason is that the author has the First Right to his/her work. First Right means that the writer has the freedom to sell reprint or "second" right the work to another publisher, even before the work is published. Turning in or publishing the writer's article to a magazine publisher usually have this arrangement. It doesn't need any signed contract. The publisher notifies the writer and the readers by including the statement in all copies of the magazine.

Subsidiary Right usually is included as another proviso in a written contract. And, according to a Denver lawyer, David Weinstein, (Writer's Essential: 34) this is one of the most common book contract problems. An author has to pay attention to such proviso. Subsidiary right means the publisher has been given the right to make transaction for other income-generating businesses with another company with the intent to produce the work in another medium, such as movie, audio, etc. Some unscrupulous publisher would not spell this out in the contract. I am just thankful that the contract that I have with Comfort Publishing (CP) has a proviso that assures me that should a compensation received by CP for publication of extraction or for serial use, audio recordings,etc., it would be divided equally between the author and the publisher.

Again, thank you very much. I am counting for your all-out support in this literary odyssey.


NOTE: My book, KOILAWAN (KOI-lah-ONE), is still available in 21 countries. Also, watch for my other book, THE EXPERIMENTAL DASANG (Hey Poem) and 45 OTHER POETRY FORMS:An Anthology.