Permanently Remove Published Layouts

[Cassie Jones (1gr8muggle)]

I just received (as I'm sure many of you have) and e-mail from an editor at Simple Scrapbooks/DSM requesting that any layouts published in the magazine be removed from ANY online galleries, including personal websites. When you sign the contract with the publication, you are giving them ownership of the layout.

I inquired as to whether or not we could put the layouts back online a few months after publication. Her response was that she also thought that would be acceptable, but apparently that is only for photographs. For layouts, they must be permanently removed.

So . . . .there went 1/2 the DD gallery! LOL

Just thought I'd pass this on . . .

[lwarren]

I got the same message - but can I leave up my "out for publication" signs? They make me feel so cool .

[Cassie Jones (1gr8muggle)]

LOL . . . they can't stop you from looking cool, Lisa.

[deenaw]

LOL, Lisa! You'd think it would be okay to leave up your OUT sign. It would actually be like free advertising for them, wouldn't it?

Like..."Ooo, that layout sounds really cool. I better go buy that magazine!" LOL!

[janet_o]

So I guess that now they only want "never before seen" layouts submitted as well?
That stinks...they were one of the last mags that didn't require that!

[Mozer]

Originally Posted by janet_o

So I guess that now they only want "never before seen" layouts submitted as well?
That stinks...they were one of the last mags that didn't require that!

Hmmn, were did it say that? I haven't seen that in writing yet, just the email Cassie posted about. I thought the email meant that once it was published you couldn't post it anywhere, not that they weren't accepting lo that were up in galleries prior to publishing. But given the way the other mags. are now handling submissions---I wouldn't be surprised if this becomes their policy.

[Cassie Jones (1gr8muggle)]

That's right, Mo . . . they did not say you could only submit never before seen layouts.

Just that once your layout is accepted, you have to remove it from online galleries.

My main purpose for this thread was to let you know that it's no longer acceptable to "eventually" put them back up.

[PaulaSG]

I'm kinda sad about it - I have a few layouts that I would love to put in my gallery. I'm glad that they are not (yet) requiring unposted layouts for submissions.

[readstoomuch]

I'm a bit sad about this too and got the same email.

I am a person that thinks how cool the magazine is when I see a layout posted that has been in that particular publication. I will go through back issues (looking at other layouts and advertisments as well) to take a look at a layout when I otherwise would have never opened that issue again.

It will be interesting to see if other mags follow suit. I am not complaning ... just surprized that it would make any difference after a few months from the publication date pass that one of their pages is up in a gallery.

[katrinak]

I'm with Lisa I'm leaving my cool "Out For Publication" up so I can go look at it 7 times a day! I also don't want to delete the great comments people left or my product list since DD has become my system for remembering

It makes me very sad too since now half my favorites folder is either gone or unviewable.

Maybe we should propose to the magazine (Pattie are you listening?) that we add a cool line in the title...as seen in DSM on...

[grandma lynnie]

I have gone and read the new contract. I would be very careful about signing this contract. They are now saying that they have all rights to the layout including:

"The exclusive rights to publish, print, reproduce, display, modify, sell, distribute, transmit and license the material, in whole and in part, as
well as any works derived from the material (including, without limitation excerpts, translations, abridgments, revisions, abstracts and

derivative works), in any formats or media now or hereafter known, including without limitation in all print and electronic media."

That mean that the magazine actually owns your layout for the price they are paying you. It seems to me if they are actually buying a layout instead of just the right to publish it in one issue of a magazine, they should be paying a lot more! Does this mean that you can't even print your layout and give it to your family or put it in a frame and display it?

Hmmm, just my opinion and something to think about!

[katie pertiet]

being quite familiar with licensing contracts myself--this is not good unless you don't care. But they could take your layout and put it on the cover of a special issue or software package and not have to pay you another dime instead of a dime on every copy sold... or something like that. I advise you to think carefully about what's important to you. If you just want to be published then it's great--if you have higher goals... then hold back!

between my 2¢ and Lynn, the wife of a lawyer... you can decide

[katrinak]

Wow...so now my excitement about being published for the first time is slowly deflating into what have I gotten myself into

I'd love to hear the rest of you lovely ladies are weighing in on this one. Leaning toward just signing it but hate to regret it later just because I was so excited now.

[kathie02]

I haven't submitted since the first two issues came out. I did have a few that I thought I might submit for the next call...but I think I would prefer that they remain "my" layouts (not that I think they would be selected anyway), and for the couple seconds that someone (besides my mother) may actually look at it in the magazine, I guess I would rather keep control of them. My non scrapping friends and family all peek at my gallery and I guess that I would rather share with them. I will continue to buy the magazine....I love all the inspiration and seeing my friends names in there.

ps...is this retroactive to the first two issues? I haven't put mine back up....just want to know who "owns" them.

[Steph]

I've had layouts published for over 2 years now and this is pretty standard. Once a layout has been accepted for publication, you must take it down from all online galleries. Usually, the mags have allowed us to put them back up 2-3 months after the mag hits the stands. This email from DSM seems to now be changing that. But, the contract does give them all rights and I think all of the contracts have always read that way.

Recently, all of the mags have also added the requirement that layouts submitted for publication must be completely new - meaning that I can't submit any of my DD layouts if they've been in the DD gallery or any other place online. That's a fairly new requirement. I don't see DSM doing that, yet, but I'd be really surprised if they don't move to that, too very, very soon. So, now, if I want to submit layouts, I have to make all new ones. That, to me, is the hardest part.

[MN_Scrapper]

I have never had the pleasure of being published, but I have quit submitting because of the contracts. I work in an industry that needs to get copyright permissions to publish often, and the contracts are getting downright scary. I am not sure the bragging rights are worth my giving up control of my creation, especially since you never know where it will end up afterwards!

I also wonder about the TOUs for the supplies that may have been used in the creation of the published layout. If you sign a contract that gives up your ownership and control, could that be a violation of the designer's rights in turn? I would be interested in heraing from the designers on that.

[readstoomuch]

Would this mean that they would own the right to the photograph as well? I will sometimes use the same photo in another layout ... especially, if I decide that I didn't really love the layout that I first used it in. I would really hate to loose the rights to use my photos.

And, Kathie said more of my thoughts too. [...but I think I would prefer that they remain "my" layouts (not that I think they would be selected anyway), and for the couple seconds that someone (besides my mother) may actually look at it in the magazine, I guess I would rather keep control of them.]

Also, can we publish the layouts via Shutterfly? I wonder???
Food for thought.
__________
Mollie

[Cassie Jones (1gr8muggle)]

I really think that this contract is the standard for the magazines. It essentially is to keep you from getting the same layout published in multiple magazines. I'm not really worried about a magazine using my layout to make millions of dollars for themselves while leaving me to my $75. No layout is worth THAT much money. LOL

I wouldn't let this keep you from submitting, just make sure you save some of that eye-candy for the gallery, too!

Katrina . . . don't let this sour your excitement. It is VERY cool to see your layout in print.

Mollie . . . you TOTALLY have the right to make a Shutterfly book. Unless of course, you're ordering 1500 copies and plan to open a booth at the next local craft fair.

[estir_bune]

question... if you haven't been compensated as of yet then it is still yours right? or am I wrong in this? What I mean is, can you leave a lay out in your gallery untill it's actually paid for? Till the check has been cut? KWIM? Just trying to buy us a bit more inspirational time in the gallery!

[Cassie Jones (1gr8muggle)]

LOL . . . well, they do ask that you remove it as soon as you've been notified. Trust me . . . we'll all be VERY excited to see it in print, too!

And like Lisa said, you get to have *cool* out for publication notices.

[lwarren]

I am not worried so far because the mag has picked layouts that are not my favorites! I would be concerned about the photos though, as Mollie said. I also re-scrap photos. This is interesting. I would have to think twice if I really lose the rights to the photos.

[Steph]

Once you sign the contract, you have agreed to their terms and need to take the layout down. As a matter of courtesy, I take mine down as soon as I'm notified of their desire and intent to publish.

[Mozer]

Originally Posted by lwarren

I am not worried so far because the mag has picked layouts that are not my favorites! I would be concerned about the photos though, as Mollie said. I also re-scrap photos. This is interesting. I would have to think twice if I really lose the rights to the photos.

It is fine to rescrap photos for your personal use. It wouldn't be ok to rescrap a photo that has been published and then submit that "new" layout.

[Aly D]

i did get the same email, and thought it was interesting.
what mozer said. here it is in the contract:

However, Author hereby grants to Publisher, without additional consideration, a non-terminable, non-exclusive
right to use, throughout the world, the photographs included in the material.

if they owned everything in the layout, then the designer's products could never be used again.

i'm not too worried about the contract...they just want to keep their magazine new and fresh. it is sad to not be able to repost stuff once it's been pubbed. i bet they are moving toward "never before seen" and this is the first step. kind of sad, but i can understand how they have to do this when they are trying to compete with online galleries. i'll probably submit less, but that's fine with me. it's not why i scrap...just a perk!

[katrinak]

I guess I can live with this!

In order to do the Disneyland 1/2 Marathon I had to sign an agreement granting Disney the right to use any picture they took of me "throughout the universe for eternity". It makes this so much less

[tdavenport]

As has been said, that type of wording has been pretty standard. Occasionally, there have been compilation type books put together and I've had a layout (well, only one that I know of) put in it without being paid again. Also, sometimes they take layouts from a book and use it in advertising the book. That's what most of the experience that I've had with them utilizing their contract.

Terri