Many arts-related businesses deal with publication. A writer or artist looks to sell work to a publication. An editor of a magazine needs content. A photographer is approached to provide pictures for an advertising brochure. All of these situations involve publication rights. Publication rights determine who owns the work, and consequently, who has the right to reprint it. This is important because reprints provide extra income with little extra work.

Work for Hire

When someone produces work under the work for hire banner, it means that the business commissioning the work is the owner. Work for hire is most common when someone is under the employ of a company producing the publication. For example, a staff writer for a magazine will write an article and perhaps even have a by-line on the article, but that writer has no rights to the piece. It is owned by the publishers of the magazine.

First North American Rights

This is the ideal right to negotiate. By purchasing a piece under First North American Rights means that the publication in either the United States or Canada has the opportunity to be the first to publish the piece, but the author or owner of the work retains all rights. There may be some stipulation on when the work can be resold, however. Some publications purchase First North American Rights for ninety days, meaning that the owner cannot resell the work any earlier than ninety days after publication.

Second-Time and One-Time Rights

Second-time rights are reprint rights. It means the work has already been used in another publication or form. A number of publications prefer purchasing second-time rights because this work can be purchased for a lower price than an original work. One-time rights can come on a first or second printing. A publication or business purchases the work with the guarantee that it will be used only one time.

All Rights

When a publication purchases a piece of work for all rights, it means the artist is giving up any chance to resell the piece. Web publishers tend to purchase all rights because the work can be made available on-line for an indefinite period of time without worry that the work’s owner will try to resell it.