Start with the agreement
Under U.S. law, copyright in a separately authored contribution to a collective work generally begins with the contributor. The journal may receive permission to publish the piece without becoming the owner of every right in it. But contracts can change the scope of what you may do next.
Five details worth checking
- Exclusive or nonexclusive? An exclusive grant can prevent you from making uses within the grant's scope until it expires or otherwise ends.
- Which formats? The agreement may distinguish the journal issue, website, archives, anthology, audio, ebook or promotional use.
- How long? Some publication rights are limited by an initial exclusivity period.
- Which territory? Check whether the license applies only in particular countries or worldwide.
- What credit is required? An acknowledgment of first publication may be contractually expected or editorially appropriate.
What does the law say about transfers?
In the United States, a transfer of copyright ownership, which includes an exclusive license, generally must be in a writing signed by the rights owner or an authorized agent, subject to statutory exceptions. Nonexclusive licenses are different, but their terms still matter.
Before adding a poem to a collection
Read the exact accepted terms and any later changes. If the rights are unclear, ask the journal for clarification or a reprint permission in writing. Also distinguish your own contribution from any artwork or design created by someone else for the original publication.