Attention Writers

[crowwitch]

Because there are a lot of you on my f-list: :)

Ok, I have a legal question.

I know, as most of us do, that the internet counts as self-publication. And, if you want to publish something that you've put on the internet, you must claim it as previously published material.

Now, let's say you have a fictional character that you think would be fun to do a serious of stories on. Let's say you have information about that character on your website... illustrations, short excerpts, fictional 'interviews' with that character and other such material on the internet in a limited capacity to test the waters and get feedback and maybe even generate interest. What would then happen if you then approached a publisher regarding a short story about that character that had never been published on the web?

If they wanted to buy the story and others, would they then buy the rights to the character's name and image? If so, then how would that be effected by the website, even though none of the actual material they'd be publishing was on the site?

This is theoretical at this point. I just want to know more.

Comments

[cantspell.livejournal.com]

my guess is that they would want you to take that down, or at the very least move it onto their site if they have 'author pages' or something like that. That being said, my legal knowledge is limited to basic immigration law and a past life as a law office receptionist, so take that for what it's worth :P I am dealing with a similar issue now, as I wrote something for Former Employer's website and now I want them to take it down so that I could use it myself...from what smarter people than myself have told me, I'm probably SOL :(

[darlingfreak.livejournal.com]

Well moving it to their website or taking it down I can deal with. It was more the "Well, we were going to publish but now we're not." thing that I was worried about.

Thank you so much for your input.

[cscottd.livejournal.com]

I'm not an expert, but my understanding is that these publishing issues only apply to actual text, not characters and situations.

[darlingfreak.livejournal.com]

But I know there are publishers that own the rights to characters and their images... like Nancy Drew or Doctor Who or Indiana Jones.

Hurm... maybe I'm just overt-hinking.

[darlingfreak.livejournal.com]

And when I overthink things I turn into Rorschach... apparently.