What are a freelance writer's digital rights? Well, that depends . . .

June 18, 2001 - One key problem freelance writers face when securing rights to their work(s) lies in the interpretation of some contractual phrases. For instance, if you sign a contract that allows a print publication a one time insertion, the chances are that the publisher might assume it means unlimited distribution methods.

And that could include Internet transmission now. Companies like NewsStand and Qiosk.com's qMags are poised to make the most of what promises to be strong consumer demand. And don't look to them to care about your rights.

"If the writer has given the publisher rights to produce a paper version and mail it to an individual, then us sending out an electronic facsimile of that paper version in a lock-down format is no different," said Tracy Jones, president of NewsStand.

This form of extending ownership of distribution of a freelance piece is not the only concern for digitized publication. Currently the courts are reviewing cases about sending freelance articles to digital databases, such as Lexis-Nexis, and including freelance work on CD-ROM compilations of past issues of a title.

It is clear that the war over digital rights is still gathering steam, but the leading proponents suggest that if a publisher wants to use your material in more than one accepted media form, then more money should be paid to you. Still, it's up to you, the freelance writer, to insure your rights and determine how you wish to position your work.

Will this controversy end soon? Not likely. Although publishers are up to their necks in tricky copyright issues, the lower production and distribution costs, which make up the biggest segment of producing a print publication, are too juicy to ignore. What still needs to be seen is if consumers agree that electronic versions of their favorite magazines will be acceptable.