Posts Tagged ‘Digital rights’

Who Owns Your Digital Rights?

March 15, 2012

Several years ago — before the Internet really took hold — I wrote a series of slice-of-life essays for a local newspaper. They weren’t very good, and I didn’t get paid. Still, I was just starting out, and they did what I needed them to do: taught me how to work with editors; gave me confidence; and served as evidence of publication when I began going after paying gigs.

The newspaper , which is now about 100 years old, is published by a small company on a shoestring budget, so they’ve never invested in a significant online presence. However, recently a local community organization made a generous grant to begin digitizing old issues, as a way of preserving the town’s history.

Now, as an active community member, I think it’s great that our heritage and history will be available to anyone who wants to enjoy them. I’ve had the chance to browse some of the issues from the 1920s, and they’re truly fascinating. I’m told that many of the older newspapers are nearly unreadable, so the grant couldn’t have come at a better time.

But as a writer, this turn of events leaves me uneasy. You see, when I agreed to publish my essays, I never signed a contract — the newspaper was too small to even offer contracts to freelancers. My agreement with the editor was simply that she would publish the essays, but I would own them — so I could market them elsewhere if I ever chose to do so, or not. It was all up to me.

I never agreed to give the paper digital rights — simply because back then, there was no such thing.

Sadly, I hear many stories of writers whose work has been digitized without their permission. As a matter of fact, I recently attended a workshop by a consultant who has built a successful business helping writers recover damages from publishers who may have illegally turned their printed books into e-books. But when I went up to her afterwards to ask about newspaper articles, she basically told me to let it go. “It’s impractical to expect newspapers to contact every single writer who has ever written anything and ask for permission to digitize,” she said.

Truth be told, the current digitization plan for my local newspaper involves only older issues that are in the public domain, which means it does not cover the more recent issues in which my stories appear. And as I understand it, digitizing newspapers is a long-term process — meaning it may be years and years and years before the question of whether to digitize recent issues comes up. I’ve also been told that should my essays ever go online, I could easily lodge a complaint, and they would quickly be taken down. And, I suppose, when you get right down to it, I might actually find it nice to see those essays online, possibly getting a second, digital life.

Still, I can’t help worrying for writers who, for one reason or another, really don’t want to see their old newspaper work suddenly appear on the Internet.

What do you think?

Another confusing day in the life of just another working writer.

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