What it says:
- (a) You acknowledge that the Article has been commissioned by [Publisher] as a contribution to a collective work and that [Publisher]'s interest therein arises as a â€œwork-for-hire" under the Copyright Act. [Publisher] hereby assigns to you a joint copyright interest in and to the Article such that the worldwide copyright in all Articles created pursuant to this agreement shall be deemed joint works owned by [Publisher] and by you. In the event the Article is deemed not to be a "work-for-hire", you hereby assign to [Publisher] a joint copyright interest in and to the Article to effect joint copyright ownership. [can also include in examples of â€œwork for hireâ€ language; in commentary on this contract, need to explain that â€œwork for hireâ€ status means no statutory termination rights for the author]
(b) Subject to the limitations set forth in paragraph 2(c) below, as joint copyright owners of the Article, [Publisher] and you shall each have the irrevocable, non-exclusive right to exercise any and all rights granted by the United States Copyright Act, including but not limited to, the right to reproduce, display, distribute, sell, translate and transmit the Article throughout the world, in any media now known or later developed, to sublicense the foregoing rights and to create derivative works, provided that neither you nor [Publisher] shall have the right to grant rights in the Article that would purport to restrict the rights of the other party under this agreement.
(c) With respect to film, television, stage and book rights in and to the Article, you may exercise your rights on an exclusive basis and beginning immediately upon publication of the Article, except that with respect to non-fiction film and television rights, you agree that [Publisher] shall have an exclusive negotiation period for these rights until seven (7) days after [Publisher] first publishes the Article. During the exclusive negotiation period, you may not offer non-fiction film and television rights to the Article to a third party without the prior approval of [Publisher]. Nothing herein shall preclude [Publisher] from including the Articles in a book in any form or media, provided that such book shall not consist exclusively or substantially of the Articles. Except for the foregoing, you agree that you will not exercise any of your rights under paragraph 2(b) until thirty (30) days after [Publisher] first publishes an Article. (For example, but without limitation, you may not sell the Article to another publication during this thirty (30) day time period.) Notwithstanding the foregoing, you may post the Article on a personal Web site seven (7) days after [Publisher] first publishes an Article.
(d) Notwithstanding that [Publisher] and you own a joint copyright in the Article, neither party shall have any obligation to share revenues generated from its exercise of the foregoing rights, except that [Publisher] will pay you fifty percent (50%) of the net receipts (that is, receipts after deduction of syndication expenses) from the syndication of the Article ("Syndication Fee"). Where the Article is syndicated for use in an advertisement or promotion, there will be a fixed Syndication Fee, set in accordance with the internal conflict of interest standards of [Publisher]. The Article is "syndicated" when it is sold individually, and not as part of the Magazine or other works published in the Magazine, to a third party, for republication in any form. The inclusion of the Article in an international edition of the Magazine (either in English or translated into another language) is not a "syndication" for which compensation would be owed under this paragraph.