AboutCathy Clamp Expertise I'm happy to answer questions about any aspect of getting published through commercial publishers, ebook publishers and self-publishing I can help with writing a query letter and synopsis to an agent or editor. I can explain publishing terminology, acronyms and manuscript formatting. I can also assist with questions about verifying the credentials of agents/publishers and how to proceed once you've been accepted for publication.
Experience I'm a USA Today bestselling author of romance fiction in the Tor/Forge Books paranormal romance line. Along with a co-author, I've published eight novels (combination of mass market and trade softcover) since 2003, and have contracts for six more books through 2009. I've also published short stories in regional and national magazines as well as freelance feature articles.
Organizations Romance Writers of America, Science Fiction & Fantasy Writers of America, International Thriller Writers, Western Outdoor Writers, Horror Writers of America.
Publications Books: Tor/Forge Books, Western Reflections Publishing; Magazines: Rocky Mountain Game & Fish, Guns & Ammo, Fur-Fish-Game, many others.
Education/Credentials My educational background is limited to real life experience of publishing novels commercially for the past five years.
Awards and Honors USA Today bestseller, Waldenbooks Mass Market Paperback Top 20 bestseller, Nielsen BookScan Top 20 bestseller, Book Buyers Best Award for Paranormal, 2007, Romantic Times Best Werewolf Novel, 2006, Write Touch Readers Award, EVVY Best Historical Chronicle Award, The Lories Best Paranormal. Many others.
I hope someone can clear up a very unclear criteria regarding what is considered a "published work" "previously published"
For example:-
Competitions ask that submitted work has not been previously published.
When self-publishing.
and, when/if accepted by a publisher.
Is work (play, poetry, prose) printed-out and used/read within a writers group considered published ?
Is work used on a website considered previously published ?
Is an anthology of work by members of a writers group (without ISBN) considered previously published ?
Is an ebook or pdf file downloadable from a website considered published.?
Does an ISBN define "published work", and not having an ISBN define "not officially published" ?
If you can't help me with this I would be so grateful to be directed to something/someone who could.
Thanking you in anticipation
Chrissy
Answer Hi, Chrissy!
I fully understand why you're confused. There are so many "definitions" out there in publishing that it's easy to get that way.
The first thing you need to learn is the difference between the two different definitions of "published." One is a term used in copyright law. The other is a term used in contract law. Unfortunately, BOTH are used in publishing law---and interchangeably, depending on who you're talking to.
Here's the difference:
"Published" under copyright law is a technical term with a very distinct meaning. In the U.S. Federal statutes, it says: “Publication is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display constitutes publication. A public performance or display of a work does not of itself constitute publication.” Here's a link to that definition, as well as an embedded link to a brochure from the Copyright Office about publication.
Now, this definition is for COPYRIGHT, which has nothing to do with the right to sell the book to a publisher or such. That's CONTRACT law, and it's probably where you're getting confused.
When a contest asks this question, you need to understand the meaning behind it, because they're asking about "rights" which concept isn't contemplated in copyright law. First Rights is a term that means just what it sounds like. A publisher/magazine/website expects to have the right to be the FIRST to publish a book, story or poem to the general public for the purpose of individual people paying money to them. For that right, they're paying the author money. First Rights doesn't contemplate ownership of the story or poem, but they INSIST on being the first to publish it. Hence, their questions.
So, then, with that understanding . . . on to your specific questions:
1. Is work (play, poetry, prose) printed-out and used/read within a writers group considered published ?
Generally not, because first rights haven't been trampled on. Nobody has paid for the right, and it's a very limited audience.
2. Is work used on a website considered previously published ?
Here's where it starts getting tricky, because it depends. Mostly, it depends on the personal opinion of the individual being asked. What would YOU consider used if you walked into a clothing store? If someone bought a dress and returned it a week later with the tags still on it, was it used? No, not really. How about if it's soiled and has obvious sweat marks. Well, sure. Would you be willing to pay retail price for it? Probably not. Neither will the publisher. See, it all comes down to "Who will pay for the story/poem?" If everybody has already seen it for free on a website, why would those same people go out and PAY for it? That's the concern of the publisher, so it needs to be your concern too. If the website has limited access, is passworded or has a very low audience, it's PROBABLY fine, but you need to be up-front and risk the person saying "No, that has sweat stains." Heh...
3. Is an anthology of work by members of a writers group (without ISBN) considered previously published ?
This is a question I'm asking myself, and I don't know the answer. I had a story published in a souvenir anthology for a convention. Is that published? It was "for sale" but only to attendees, and without an ISBN. I was up-front with a magazine I'd like to print it and they were at least willing to look at it. So maybe. Or maybe not. Again, it's up to the individual editor. No fast and firm answers.
4. Is an ebook or pdf file downloadable from a website considered published.?
Yep. The moment money crosses your happy little palm, it's "published" under both definitions of the term. Just the way it works.
5. Does an ISBN define "published work", and not having an ISBN define "not officially published" ?
Nope. That's not how it works. Yes, an ISBN is a definite intent, but so is putting a $$ in front of a number on a website, or even in the back of a room. It's an INTENT to have it for sale--to make it published. If that makes sense.
Hope that helps a little. Let me know if you have any more questions, and good luck!
