Clauses for Journalists

After the period of one year, the publisher and author will jointly share the rights. This means the writer is free to sell the work elsewhere, but [publisher] also retains the exclusive rights to reprint and/or electronically publish all articles appearing in the magazine.

This clause follows one that granted exclusive rights to a magazine publisher. After one year, the author regains all rights in the work but this grant back is non-exclusive: the publisher will continue to be permitted to publish the work, including online.

Author is owner of the copyright in the Work. Author is entitled to all the benefits contained in the United States Copyright Law effective as of the date of the signing of this Agreement, including but not limited to Section 203, which provides authors and their successors with a right of termination.

(a) Publisher shall print in every copy of the Work a copyright notice that contains Author's name as owner of the copyright and that complies with the United States Copyright Act and the Universal Copyright Convention; and

(b) Publisher shall, within three months of first publication, duly register a claim for United States copyright in the Work, in the name of Author as "claimant"; and

(c) Every license granted by Publisher hereunder to reproduce and distribute copies of the Work shall contain a requirement that the licensee print the aforesaid copyright notice in all copies.

Thanks to the Authors Guild for this model clause. The clause specifies that the author retains all copyrights in the work, but obliges the publisher include a copyright notice in the author's name. If the publisher licenses rights to anyone else to make or distribute of the work, the publisher's contract with its licensee will demand that those copies include a copyright notice in the author's name.

COPYRIGHTS

Publisher is hereby expressly authorized and agrees to register a claim to copyright in the Work in Author’s name with the U.S. Copyright Office within three months after first publication. Each copy of the Work published pursuant to this Agreement shall include a copyright notice in Author’s name in accordance with United States Copyright Law and the provisions of the Universal Copyright Convention.

This is a good example of the type of an author-friendly notice clause.

1. Magazine shall have the unlimited right to publish the Work in the print medium for one magazine issue, including promotional rights as described in paragraph two. The Work shall be credited to Artist upon publication.
    
2. Magazine shall have the unlimited right to make promotional and internal use of the Work in the print medium, including use of tearsheets by either Magazine or its contributors or advertisers.
    
3. Magazine shall have the unlimited right to publish the Work in the electronic medium for one magazine issue, including promotional rights as described in paragraph 4, provided that the Work shall appear in context to the original cover or page layout.
    
4. Magazine shall have the unlimited right to make promotional use of the Work in the electronic medium, including promotion of Magazine or its Web site either directly on the Magazine Web site or through third-party Web sites or electronic services, provided that the Work shall appear in context to the original cover or page layout.
    
5. In addition to the promotional rights described above, Magazine shall have the unlimited right to make promotional use of the Work in any medium (for example, billboards or blow-in cards), provided that the Work shall appear in context to the original cover or page layout.
    
6. Subject to the provisions of paragraphs 1 through 5, Artist agrees that Magazine shall have the exclusive right to use the Work for a period of 60 days from when the Work is published. Artist further agrees that this exclusive use applies to Artist’s other work that is highly similar to the Work (for example, a different frame from the same photo shoot).

This is an excerpt from a contract between a photographer and a magazine. It provides that the magazine has unlimited rights to the work for one issue including promotional and electronic use. Any use, however, must be in context to the original layout, and credit must be given upon publication. Due to the limited time period that this contract covers and the fact that the artist retains copyright in the work and receives full credit for the work, this contract is quite reasonable.