Tribe.net. Local Connections Joy http://fictionwriting.tribe.net/thread/808ebda9-6d11-4198-b428-a4c2aa40b864#dc70983d-9760-4306-95c8-288322448546 2008-10-03T03:59:00Z 2008-10-03T03:59:00Z

Thanks for your input, Elissa & JM. It turns out I am changing more than a couple of sentences. So that makes it a "new derivative work," I guess! Cheers--

Joy 2008-10-03T03:59:00Z Elissa http://fictionwriting.tribe.net/thread/808ebda9-6d11-4198-b428-a4c2aa40b864#2722cc86-06fb-48d5-9537-36a992ad750a 2008-10-03T00:27:18Z 2008-10-03T00:27:18Z

I'll take my cue from the U.S. Copyright Office's FAQ, particularly this Q&A: Q: How much do I have to change in my own work to make a new claim of copyright? A: You may make a new claim in your work if the changes are substantial and creative, something more than just editorial changes or minor changes. This would qualify as a new derivative work. For instance, simply making spelling corrections throughout a work does not warrant a new registration, but adding an additional chapter would. See Circular 14, Copyright Registration for Derivative Works, for further information. Source: http://www.copyright.gov/help/faq/faq-register.html#change There is no hard and fast definition of "substantial and creative" here, so I don't know if moving paragraphs around qualifies. I'd still say to check with the individual editor. Insofar as a title change goes, titles are not copyrightable. Granted, story submission and copyright are two different things, but at the moment I can't think of a closer analogy.

Elissa 2008-10-03T00:27:18Z JM http://fictionwriting.tribe.net/thread/808ebda9-6d11-4198-b428-a4c2aa40b864#b9e40f11-9541-4992-97f9-5a781ed92da5 2008-10-01T23:54:57Z 2008-10-01T23:54:57Z

And if she edited it, moved some paragraphs around, and gave it a new title?

JM 2008-10-01T23:54:57Z Elissa http://fictionwriting.tribe.net/thread/808ebda9-6d11-4198-b428-a4c2aa40b864#76caa3b4-78c4-4522-93e2-bf2fb6860bab 2008-09-29T02:52:53Z 2008-09-29T02:52:53Z

Even with the changes, I think technically it's still previously published. If you find a market that wants only unpublished material, I'd ask whether the story could qualify. Editors differ in their definitions. Some markets take (and pay for) reprints, so long as the rights have returned to you. A story of mine was republished this year that originally appeared in print 20 years ago. Good luck and happy hunting!

Elissa 2008-09-29T02:52:53Z Joy http://fictionwriting.tribe.net/thread/808ebda9-6d11-4198-b428-a4c2aa40b864#307d1c04-b6aa-4e2d-a6c5-50e58b894ef2 2008-09-29T01:00:53Z 2008-09-29T01:00:53Z

Hey all, Going through storage, I found the hard copy ms. of a literary fantasy short-short that was published 17 years ago in a free quarterly newspaper distributed only in Seattle and Portland, OR. No pay for it but the "glory." The editor changed the title of the story but nothing else. It's still good and feels like it could go somewhere. If I give the old title back and tweak two sentences, can I send it out again? Thanks, everyone, for your help.

Joy 2008-09-29T01:00:53Z