Tallahassee, FL asked in Copyright, Contracts and Intellectual Property for Florida

Q: How can I self-publish a book previously serialized in a magazine?

About 30 years ago, I wrote a book that was serialized in a bi-monthly magazine over six installments in one year. The magazine is still being published, and there was no formal contract—only a handshake agreement for $500 per installment. I was credited as the author and contributing editor. I formally copyrighted the original book, which had minor alterations in the magazine version. The book contained a list of film titles compiled by someone else, which I won't include in the new version. With self-publishing and print-on-demand options available now, how should I communicate with the magazine to proceed with a self-published digital version without facing any copyright issues? I am willing to acknowledge the magazine appearance.

1 Lawyer Answer

A: I would double-check with the magazine to see if there is a contract on file even if you remember a verbal/handshake agreement. If there is a written agreement, please reach out to an experienced intellectual property attorney to review it in detail. There is something called a "work-for-hire" contract which transfers all intellectual property rights of the author to the other party, and you need to make sure this is not the case.

Based on the fact pattern, and assuming you received the copyright registration for your book prior to the magazine publication, you possess all of the rights under copyright law. The handshake agreement will be viewed as a limited license agreement to the magazine allowing publication only for those installments (unless there is an overriding written agreement). Just to be safe, you should also research the magazine copyright registrations to ensure that it disclaimed your stories as not its own.

If there is no written agreement with the magazine, then you should be free to self-publish.

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