Author: Lisa Lucke
Date:   11-10-09 12:46

I am a freelance newspaper journalist and writer who has also published in a couple of magazines. Two years ago I began writing short stories and answered a call for submissions to an anthology published by a non-profit education group as a fundraiser. My story was accepted and published in their book, which was *printed* by Lulu. At the time, I knew nothing about Lulu-type printers or POD. It wouldn't have made much difference, as I was excited about the ISBN and the fact that it was available on Amazon. Now, after considerable polishing, I would like to submit the story to other publications, literary magazines, etc., but am not sure if it is acceptable. If a magazine states "unpubished work only" am I out of luck? If it matters, I've changed the story somewhat (shortened it by removing several passages and revised others). Still, it has the same title and is the same overall story.

Author: Gary Kessler
Date:   11-10-09 13:09

Are you sure that you even have the right now to republish the work? What use rights did you assign for the original publication? Just because the publisher for that was a nonprofit using Lulu doesn't in itself mean that they had a nonexclusive rather than an exclusive rights arrangement with you. You need to check back on that before assuming the publications rights to the story are still yours.

If you have the same title and essentially the same story, it's been published already now. You couldn't legitimately tell a new publisher it hasn't been published.

Author: Lisa Lucke
Date:   11-10-09 13:27

All rights remained with the writer. Your answer was just what I was looking for. However, does the rights issue change that?

Author: Frank Baron
Date:   11-10-09 13:41

Nope, not really. You're still honour-bound to tell any prospective publisher your story's publication history. Most would probably still consider your revamped piece but it's better to be honest and rejected, than fib and get found out later.

Good luck.

Author: Lisa Lucke
Date:   11-10-09 14:18

Agreed and understood. For generic contest submission entry forms, would it be appropriate to enclose an extremely brief note of explanation?

Author: Jeanne Gassman
Date:   11-10-09 14:51

Lisa,

You'll probably have to stick with markets that accept previously published material. If the contest specifies that the work be unpublished, an explanation won't make a difference. Look for another market.

Jeanne

Author: Janice W-D
Date:   11-11-09 06:13

You've milked that cow dry. Move on. Write a new story. This time, spend a year submitting it to several different contests before sending it somewhere for publication.

Good luck!

Best,
Janice

Author: Ryan Paine
Date:   12-03-09 12:28

On one hand I agree with Janice that you should focus on new writing - more new stuff published is better than the same stuff published in a variety of places.

But if you're set on reselling the story I wonder if you've considered the territorial rights that you sold. You may have sold the exclusive rights in one territory, but retain the others. If the distributed was limited to one territory, publishers in other territories might still be interested.

I wonder if territories are relevant in this way though anyway, with international online bookshops, especially those trading through a POD service.

Author: Lisa Lucke
Date:   12-03-09 23:19

Ryan-
I agree with Janice also and I have done that; that doesn't make the story in question disappear...it is something I have sitting around that I'd like to do something with because I like it and also because of the feedback I've received from those who have seen it in the anthology (writer's groups, a public read, etc.) So, I continue producing new stuff, but have a desire to try and get the story published in a "real" way, i.e., literary mag, or other forum.

The non-profit group who compiled the book and had it printed by Lulu retained only first printing rights. It was a very simple agreement.

Thanks for the feedback. I appreciate the feedback when I post here...My little 1100 word story may see the true light of day eventually...what I plan to do is submit it occasionally as I find the right publication and will be upfront about its history.