Discussion:
undefinedWhat is the name of your state? Virginia.
If I post an ad on Google asking people to email me their original poetry to be included in an e-book titled The People's Poetry 2005, a collection of amateur poetry, am I under any obligation to people who submitted their poems, legally or financially, if I then sell that collection as an e-book? I would explain on the website that not all submissions will be published, that the Publisher reserves the right to select. Do I need to make crystal clear on my webpage that there is no compensation attached to submitting poems? Further, how do I protect myself from plagiarists who pass off poems as original?
Thanks!
Answer:
You've got a number of potential issues here:
1. Do the people who submit know that you are going to later sell the book?
2. What kind of "agreement" do you have with the people who send you the poems -- do they agree to grant you a license to use their work? Is the license exclusive? Do the transfer the actual copyright? If so, where is the "consideration" for their transfer of the copyright? If the publisher doesn't select, what happens to the poem and the rights to the poem?
3. Have you spoken with a lawyer, or at least researched publication agreements, to make sure that you (and the authors) are protected?
Further, how do I protect myself from plagiarists who pass off poems as original? I don't understand this question -- who are the plagiarists, and what are they passing off as original?
Answer:
Appreciate your thoughtful and speedy reply. My website states explicitly (1) a book will be published, a compilation of the submitted poems, (2) 50% of the profits will go to the Covenant House charities, (3) poems submitted and accepted for publication get no consideration other than 30% discount off the purchase of the book, and (4) copyright(s) are maintained by the author(s). The submission process does not specifically ask the author to license his/her poem to the Publisher for this book. No, I haven't (formally) asked a lawyer or checked publication agreements. If this book project is feasible, i.e., does not have insurmountable legal hurdles or risks, I'd like to confer with an attorney to ensure my rights and those of the submitters are protected. Interested?
Thanks!