Freelance Writing Rights

As a freelance writer, your words are your bread and butter. So, it’s important to have them work for you. The rights you keep – or give up – vary, depending on the type of contract you enter into. Because there are numerous variables, this can be confusing – even for the seasoned writer.

Here’s a listing of common ways that contracts describe rights to written pieces. As a freelancer, I’ve entered into contracts for just about every listing here. I tell you this to let you know that there are no magic answers when it comes to keeping or giving up rights. It depends on your specific situation and the writing in question.

All rights, or sole rights

Rights you give up:
• When a publication asks for all rights to your work, you are, in essence, signing it over to them. They then have the ability to publish it wherever and whenever they choose.
• You cannot publish the article with another print or online publication. You cannot post it on your website or use it publicly in any way.

Rights you keep:
• You maintain a byline.
• Your article maintains its integrity. The publication purchasing your work cannot edit or change it – unless this is specified in your contract.

Why a writer would choose to give up sole rights:

When a publication asks for all rights, chances are it is willing to pay a higher price. This monetary benefit may entice writers. Depending on subject matter, a writer may not want or need to publish the piece again; in this circumstance, giving up all rights doesn’t affect the future of the article.

First rights

Rights you give up:

• Here, you are giving a publication the opportunity to be the first to publish your work. Typically, you give those rights for a specified amount of time – say three months. After that, all rights revert back to you and you are free to resell and republish the piece.

Rights you keep:

• You keep the right to republish the article.
• You maintain authorship (byline).
• You maintain the right to oversee editing or any changes made to the article (unless you contractually agree to give up editing rights).

Why a writer would choose this option:

Much like giving up sole rights, first rights typically bring in a higher level of pay. A writer maintains control over the work, and maintains resale rights.

Resale

Rights you give up:

• The publication purchasing the article may not want you to simultaneously publish it in a competing market.
• Resale articles don’t bring in as high a paycheck as first rights or sole rights articles, so you are giving up the right to charge as much as you would for those other types of articles.

Rights you keep:

• Authorship.
• Rights to resell or reprint in another format.
• The purchasing publication can’t change your words, unless you give them specific permission to do so.

Why a writer would choose this option:

Resale is a no-brainer. If you’ve already published a piece and have the chance to re-publish and get a second paycheck, why not?

Next, we'll cover rights related to self-syndication, ghostwriting, and PLR.
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Jill Pertler is a self-syndicated columnist and author of The Do-It-Yourselfer’s Guide to Self-Syndication, which gives a practical, hands-on, step-by-step approach to self-syndication. You can get it online (paperback and e-book) at Booklocker.com and through Amazon.com or Barnes & Noble.com.

Jill’s Slices of Life columns have been touching peoples’ hearts and tickling their funny bones since 2002. They are currently published in over 75 newspapers in the upper Midwest. You can read them here.