posted
I have an opportunity to do some writing for a local ministry. They do pay, but not much,it's not-for-profit. They put on events, retreats, etc. and need people to help write curriculum for their speakers.
I already have some things of that type I've worked on, and it's the type of writing I find enjoyable and that comes easily to me.
Here's my problem - their contract calls for me to relinquish all rights of the work to them upon payment. When I asked if that was negotiable I was told no.
I have thought that if I do want to do more writing in the Christian publishing arena someday, these would be good credits to have on my resume - this is a fairly well known organization and saying that I had written X number of their curriculum certainly wouldn't hurt me. And, this is an non-profit ministry, which does things I approve of and that I support and I would like the opportunity to help them out.
So, is it wrong that the idea of giving up all rights to my work bothers me?
I would prefer they NOT pay me for the work, and me retain rights to it. Does that make sense?
I'm in a quandary, help me make sense of it. Posts: 14428 | Registered: Aug 2001
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posted
Can't you still put it on your resume if you relinquish all rights? i.e., aren't you still the author, even if you don't have control over when and where it is published?
(*honestly don't know)
Counteroffer with a nominal charge (or none), but you retain rights.
[ December 22, 2004, 02:05 PM: Message edited by: Sara Sasse ]
Posts: 2919 | Registered: Aug 2004
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posted
Can't you list the work on a resume, even if it belongs to them? Have you discussed working gratis and retaining the rights with them yet? If it's not much money, that would seem to make the most sense.
It's no wronger for you to want the rights than for them to want the rights.
Posts: 666 | Registered: Dec 2003
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posted
Of course it makes sense, to me at least, that you'd rather do the work for free and retain the rights to it. Writing is a lot of work, and even when done for a not-for-profit, it is worth more than just a pittance.
Maybe it's just my cynicism showing, but I suspect that even though the organization is "not-for-profit", the reason they want you to relinquish all rights is that someone within the organization (please note, I am not disparaging the organization as a whole) sees a possibility of making money off your work sometime in the future.
One wants, of course, to assume that because someone is a Christian working for a Christian organization, that everything they do is honest and above-board. Unfortunately, I have found - through personal experience - that this is not always the case.
If it were me, I would think long and hard about whether having the writing credit is worth giving up all rights to the work.
Just my two cents' worth.
Edit to fix typo: it's cold and I'm typing with gloves on.
posted
It sounds like it is a "work for hire" type contract. There is nothing unusual about such a contract that I know of, especially in non-fiction writing. (It even happens in fiction writing, but usually for trademarked works like Star Wars or Tomb Raider.)
You can certainly still use your work on your resume. If you're worried about it, make sure you get a by-line.
The only drawback in work-for-hire is that they own the words. So if there is a character that starts a series, or if film rights are sold, you're out of luck. But I don't see that happening in curriculum.
And you can't plagarize yourself once you've sold the words. But, with a little bit of rewriting, you should be able to use it again anyway.
I guess what I'm trying to say is that, unless there is something truly unique and your own that you are putting into the work, a work-for-hire contract is OK, at least for me.
posted
Hmmm. I don't know the answer- how important is it for you to keep the rights? Will they consider you working for free and keeping the rights? If not,it comes down to taking the job or not.
Posts: 1021 | Registered: Sep 2004
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posted
All the freelance work I have done has been pretty much an all-rights thing (where they own the piece when I'm done with it). There is no problem there -- I usually don't plan to sell the same piece to another publication.
That doesn't preclude me from using copies of what I wrote for them (with my byline) in my portfolio or resume.
When they buy all rights -- you simply can't sell it to someone else or use it in another publication. It doesn't keep you from using it to promote yourself in your portfolio.
Thing is I do think this would be worthwhile elsewhere - I mean, it's not something that only that organization can use.
I've done work for hire before, in technical writing type stuff, like users manuals for a company's email system that is useful only to that particular company. That doesn't bother me at all.
But, it bothers me that nobody else could ever use this - if I'm doing this as an outreach ministry of my own, I'd rather it be available to all.
The way they work is if someone else liked the curriculum, they couldn't just use it at their own retreat - they'd have to hire this organization to do the whole retreat. Id' rather be able to give it to a church that is looking to do a retreat on that topic, and let them use it as they see fit, instead of saying "oh, you'll have to call XXXXXX and have them do the whole retreat for you." Not many churches can afford to hire out an entire retreat to an event planning service.
I think I'll pass on this opportunity.
Posts: 14428 | Registered: Aug 2001
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posted
While we're on the topic...I've been giving some serious thought to setting up a website of my own and offering some of my writing and my scripts and bible studies and such on it.
Not necessarily for the money, but because I'd like to be able to get it all out there where it can be used. My church, for example, is very small and hasn't all that many resources. One script I'm working on and very proud of so far is a multi-act, large scale Christmas play that my church doesn't have the room or the resources to stage.
I'd like some church, somewhere to be able to use it. I'd like a venue to put up some of my little "slice of life" stories, especially if I can tailor the message to one of encouragement for other stressed-out overwhelmed moms out there.
I haven't committed to this idea yet, because I'm starting school again, and want to make sure my time management skills are up to balancing school work and something like this before I plunge in. If I do decide to do it, it would be most likely in the spring.
If I did this, how would I word the permissions? What I'd like to do is allow a church to download a script for free, stage a production, but not give them permission to sell it or to give it away to any other church. I'd also like to specify that they cannot put on a production that charges admission.
If another church wants it, I want them to come to me and I'll give it to them, so I can keep track of who has performed what and where. Not about money, or even credit, just exercising a little control over my own creations and how they're used.
Does that sound like something that is even possible or practical?
Posts: 14428 | Registered: Aug 2001
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posted
Possible, certainly. You're offering the right to reproduce or perform your work, with written permission. You're not offering the right to prepare derivative works based upon your work, or to sell your work. You're well within your rights to require anyone using your work to post a notice on the bottom listing the rights ("Copyright 2004 BelleCo. Please do not distribute without permission. If you're interested in reprinting this article, please contact belle@belleco.com." or something like that). I would suggest a page on your site listing exactly what can and can't be done with your work, including such things as "do not edit, delete, or otherwise alter this article." It doesn't have to be mean or in inpenetrable legalese, just clear enough to get the idea across that you love seeing your work used, you just want to retain control over it.
"Practical" is a bit trickier, as spreading stuff online makes it very easy to steal. I wouldn't be that worried about people stealing your works intentionally, but you'd be surprised how many people don't know that it's not OK to cut n paste stuff they find online into their own website.
[ December 22, 2004, 04:14 PM: Message edited by: Chris Bridges ]
Posts: 7790 | Registered: Aug 2000
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posted
I would actually suggest putting at least an abbreviated list of the rights you retain at the bottom of every page on your website. People usually don't go to a rights page, if there is on. If it isn't right in front of them, they won't bother to look any further.
What you're suggesting you do with your material is feasable, for sure. What you could even do is offer snippets on your website, and indicate that the organization has to write you for permission before you release the entire thing. That way, you retain far more control over your material than you would if it was all online.
It also sounds like you made the right decision for you. You have to be comfortable with what you're doing with your work.
Posts: 8355 | Registered: Apr 2003
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for you to want the rights than for them to want the rights.
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