Announcement re: Model Engineers' Workshop

Keith,

PM sent in return.

Thanks,

Peter G. Shaw

Hi There

What is this rubbish about MyHobbyStore removing all copyright from the author.

They do not remove copyright from the author. What MyHobbyStore do is ask for all rights to use the content as they see fit. This covers magazine and digital and any methods not yet invented. Who thought of the Internet 115 (aprox.) years ago when Model Engineer started that their articles would be published on the worldwide web? Perhaps in another 115 years back issues of Model Engineer will be downloaded straight into your brain? Or maybe in 15 years; either way MyHobbyStore has the right to do this.

Many contributors have published books using the content they have supplied to Model Engineer and Model Engineers' Workshop. Dave Fenner and Harold Hall spring to mind.

What contributors cannot do is take an article as edited by MyHobbyStore staff and put it straight into a book or another magazine although on occasion I have allowed this and also allowed the redrawn drawings to be used.

The naysayers should download the contributor agreements from the front page of this website and read them. nowhere does it say all rights are removed from the contributor. I know because I rewrote the agreement to make it simpler and fairer for the contributor while giving MyHobbyStore the rights it required for the 21st Century.

regards David

Hi There

Michael Gilligan, you are wrong. Rights are in the agreement. I increased the payments twice as editor, the first I think to £45 and as soon as I could to £50 per printed page.

regards David

David,

Could you provide us a link to where to find the magazine contributors agreement, it is not at all obvious. Thank you.

Jo

Neil Wyatt & David Clark1 ,

As I remember it, 'though it's quite a few years ago, before David was editor the ME paid £50 per printed page to authors ( I do stand to be corrected if my memory lets me down) and gave a complementary copy of ME to the author. However, although accepted , the last of my contributions had been condensed when published and for this I received nothing and no acknowledgement. I am not complaining about that because the time lapse between writing the article and publication may have outdated the previously existing computer technology but would be interested to know if a contribution made now could suffer the same fate. After all, payment is, or was, made on publication not on acceptance. Colin

 edit: David Clark changed to David Clark1

Edited By colin hawes on 12/02/2014 16:58:05

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David,

That's rather a blunt statement

Could you please tell me which part of what I said is wrong.

MichaelG.

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Edit:  If you are refering specifically to the "First Publication Rights", then yes, I accept that was wrong.

Edited By Michael Gilligan on 12/02/2014 17:06:43

Hi Jo,I tink this should clicky link to the page?

**LINK**

Found it, within the guidance notes area, a couple of key snipits, you can read it all if you wind down to the home page and look under contributors guidance:

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1.1 "Contribution" means a copyright work or works contributed or to be contributed by the Author to MyTimeMedia for publication in “the Magazines”. All or part of the article may be published in any magazine or on any MyHobbyStore or MyTimeMedia website.

1.2 “Offered Contribution” means a contribution that the Author has offered to MyTimeMedia for publication in the magazines. "Fee" means the fee payable for a Contribution and the licences granted in Clause 4 below.

4. Subject to MyTimeMedia meeting the requirements for payment, as specified in Clause 3, the Author hereby grants MyTimeMedia a perpetual, irrevocable, exclusive royalty paid licence to use the Contributions (whether now in existence or created in the future) on the basis specified in Schedule 1, For the avoidance of doubt the licence and other rights and obligations under this Agreement shall be deemed to apply to all Contributions, whatever date they were provided by the author, that are published by MyTimeMedia after the date of this agreement.

6.2 The Author has not and shall not enter into any agreement or arrangement which might conflict with the licences granted to MyTimeMedia under Clause 4 or MyYTimeMedia's other rights under this Agreement or which might interfere with the performance by the Author of the Author's obligations under this Agreement.

SCHEDULE 1 – RIGHTS LICENSED
1. “Exclusive publication rights” - an exclusive right to use the Contribution or part(s) thereof in a Magazine and on the internet or any digital media, media library or media not yet developed. For the purpose of this right, "Exclusive publication rights" means the initial print run of the Magazine, any subsequent print runs of the magazine, any print runs of magazines or special edition magazines in the future and the publication via any electronic medium of a facsimile representation of the printed version of the magazine,.

2. Exclusive rights to provide copies - The exclusive right to publish, sell, rent, distribute or otherwise supply copies of the Contribution in whole or in part to any third party in the form of photocopies, images, digital copies and digital images.

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1.1 & 1.2: refers to the contribution by the author not the edited magazine copy.

Schedule 1: MTM has exclusive publication rights, you might own the copyright but they are of absolutely no use to you as you have signed over all rights for reproduction. So if Dave Fenner or Harold Hall had signed this agreement and published their works with another publisher then they would be in breach of schedule 1 and have acted in violation of 6.2, unless it was published with MTM.

The way schedule 1 para 2 is worded implies you would be in breach of this legal agreement if you give someone a photocopy of your original work or sent them a jpeg of any of the images in what you sent the magazine irrespective of if it was part of the published article.

It would be nice to see this contract revert to first publication rights only.

Jo

Hi There

That is exclusive publication rights to the article as edited by MyHobbyStore.

Nothing to do with removing copyright from the contributor.

regards David

Hi Michael

Yes, first publication rights were not mentioned in the agreement.

I am sure they were not mentioned in the agreement I inherited from Dave Fenner's time.

regards David

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Thanks, David

Understood and accepted.

I will refrain from further comment until I see the new version.

MichaelG.

That is not what the legal agreement states, which clearly states "contributed by the Author to MyTimeMedia", the edited copy is not mentioned.

Yes the author "owns" the copyright but MTM claim exclusive publication rights to do anything with it on any media existing now or in the future and then go on to claim all reproduction rights. I would say your "copyright" at that point is absolutely worthless.

Jo

To me from the working the "contribution" is what the author is offereing not what MTM have done to it so they are claiming rights on what is sent in not what is published. So that would stop the author even publishing the bits that did not get used

Interesting, I don't interpret it in quite the same way since it refers specifically to "Magazine" and to digital media. No mention of books and I'm sure a lawyer would be able to differentiate between a magazine and a book. Clarification would be good but I don't see anything sinister in this, just the recognition that magazines are these days distributed by other means than paper boys.

Perhaps I'm too trusting

Rod

The thing is books can now be published on the net not just on paper so MTM terms would seem to stop this as they say Exclusive Publication rights to use the material in any digital media.

Leaving books aside it would stop the likes of Jo, Andrew and myself using any submitted photos an another forum even if it were just one to show a particular method, etc not just the whole article.

J

Hmm Jason

| "stop the likes of Jo, Andrew and myself using any submitted photos an another forum"

That would be a hard one to prove I suspect. If you are concerned though and think you might wish to use your 'photos elsewhere just take a couple of extra shots from a slightly different viewpoint or with different camera settings. Most cameras ( unfortunately in my view!) will now squirt off a load of images for as long as you keep your finger on the button and so, near but different, shots are simple.

Norman

Hi there

Replies to various posts.

Anyone who is concerned about losing their copyright under the existing agreement should take a copy of my previous post stating that we do not take copyright away from contributors and store it in a safe place.

This will only be of use for the current agreement, not the new agreement.

Several articles published in MEW had already been pulished on the Internet when they were printed in MEW.

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Contributors are free to sell their designs and although the only one I know for sure was Ray MacMahon's Darjeeling locomotive I believe I encouraged some other contributors to sell the copyright to their designs to model engineering companies.

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Anthony Mount retains the copyright to his articles and designs and has published them in two books.

regards David

Edited By David Clark 1 on 12/02/2014 20:08:19

Edited By Diane Carney on 12/02/2014 20:48:53

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Martin,

Just for completeness ...

Here is the warning message that the iPad displays

As you will see, it warns of a possible phishing site, and explains that

the address contains a username or password.

Give that the address was  http://[email protected]/

... I suppose that's a reasonable approach.

MichaelG.

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Edit: added the troublesome address, for reference.

Edited By Michael Gilligan on 12/02/2014 20:25:53

The issue of copyright seems to be a little off topic.

All I do know is that the last time the agreement was drawn up, several amendments had to be made to ensure that the copyright reverted back to the author after the then MTM had their first publishing rights. The first draft was torn up by quite a few regular contributors, demeaning it to be unreasonable.

It will be interesting to see the new agreement, as, if an attempt is made by the management to resurrect the first draft, it would be wrong. Hopefully they will get it right. Lets just wait and see.

By the way, congratulations on your new appointment Neil and good luck for your new ventures David.

Ketan at ARC.