I've got the contract on file, so here are the parts that probably
concern this...
******
5. Work Made for Hire. All of the results and proceeds of the Writer's
services (including, without limitation, any research conducted by the
Writer) hereunder shall constitute a work specially ordered or
commissioned by the Company for use as part of its Sword & Sorcery game
books and, therefore, shall constitute a "work made for hire" for the
Company as such term is understood under the copyright laws of the
United States. Accordingly, the Company is and shall be the author of
the Work and the owner of all rights (including, without limitation, all
rights of copyright) in and to the Work during and from its creation.
The Writer will execute, acknowledge and deliver to the Company or its
designee any such additional documents as the Company may reasonably
deem necessary or desirable to evidence and effectuate the Company's
rights hereunder; and if the Writer does not do so after the Company's
request and a reasonable opportunity to comply, then the Writer shall
and does hereby appoint the Company as his attorney-in-fact with the
right, but not the obligation, to execute, acknowledge and deliver the
documents involved in the Writer's name and on his behalf (and the
Writer hereby acknowledges that the Company's such power of attorney is
coupled with an interest and therefore irrevocable).
*****
And the only thing I can get from that is "yes, the work they publish is
a work for hire and they can do with it what they want." I didn't see
any specific clause saying "and all submissions, whether or not they are
paid for, are ours."
Another point that should be made relates to basic contract law...
*****
3. Compensation. Subject to the full performance of all of the Writer's
material obligations under this Agreement, the Company shall pay to the
Writer the following as full consideration for all of the services to be
rendered and rights assigned by the Writer hereunder:
Three cents per word of material used in publication. Payable in full
within sixty (60) days of publication of the Work.
*******
If someone isn't paid for their work, isn't there no contract and, thus,
it's their own work?
DM
