The Right of First Publication and Why it Matters
Know your legal rights when it comes to your work.
So you’ve written a masterpiece and you can’t wait to share it with the world. You’re tempted to post it online and bask in the glory of likes, comments, and followers. But wait! Before you hit that publish button, you may want to think about the consequences, and just how much you're willing to share.
Publishers are primarily interested in being the first to present your story, and while there are some notable exceptions (think Fifty Shades of Grey), you may be unwittingly sabotaging your chances of getting published by a real publisher and making money from your work. Why? Because of a sneaky legal concept called the right of first publication.
The right of first publication is important for you because it gives you bargaining power with publishers. By granting the right of first publication to a publisher, you give up some of your rights in exchange for compensation and exposure. You can also keep some rights, such as moral rights or subsidiary rights, depending on the terms of the contract. You can also sell the right of first publication across different regions of the world, and in different formats (i.e. digital, print, audio.)
However, the right of first publication can be lost or diminished if you publish or share your work online before signing a contract with a publisher. This is because online publication can be considered as making your work available to the public, which triggers the right of first publication and reduces its value. Online publication can also create legal headaches if you don’t own or control all the rights in your work, such as images or excerpts from other sources.
Therefore, as a writer wanting to get published by a traditional publisher, you should be careful about what you post online and how you do it. Here are some tips to help you preserve your right of first publication:
Do not post your entire work online, especially if it is a novel or a long-form piece. You can post excerpts or samples, but make sure they are not too long or too revealing. You don’t want to spoil the plot or give away the ending.
Do not post your work on platforms that claim ownership or exclusive rights over your content, such as social media sites or self-publishing platforms. Read the fine print before uploading anything. You don’t want to sign away your soul to the devil. Examples of some websites that are well known for stripping a users rights to their own work are Facebook, Wattpad, and Tumblr.
Do not post your work on platforms that allow unrestricted access or downloading of your content, such as blogs or websites. Use password protection, encryption, or other methods to limit who can see or copy your work. You don’t want to make it easy for pirates or plagiarists.
Do not post your work on platforms that have a large or global audience, such as online magazines or journals unless you are being compensated. You may be inadvertently reaching potential publishers or readers who may lose interest in your work if they see it online. You don’t want to kill the suspense or the demand.
If you are pursuing a traditional publishing model, avoid self-publishing your work, or using a vanity publisher to get a manuscript in your hands. A traditional publisher will not touch it once it’s been published in this way, for a few reasons. One being that pesky right of first publication.
The right of first publication is not absolute and may vary depending on the laws and practices of different countries and industries. For example, some countries have a shorter term of protection than others, some industries have different standards for what constitutes publication than others, and some publishers may be more flexible than others in accepting works that have been previously published online.
However, as a general rule, it is advisable to preserve your right of first publication as much as possible until you find a suitable publisher for your work. This will give you more options and opportunities in the publishing industry and help you achieve your goals as a writer.