Can you imagine the excitement of getting a phone call from an editor who wants the article you've proposed in your query or receiving a contract in the mail from a magazine that offers to buy your piece? It's time for the dance of joy and the whoop of wonder! (And don't forget to tell us about your success on the Circle!) But don't let that excitement drive you to agree to anything and everything proposed by the magazine. Remember that the editor works in the best interest of the publisher, which isn't necessarily always best for the freelancer. Knowledge is the key to making the best deal for yourself. You may be able to get more money or better terms with one simple tool: asking.

If this is your first sale, you need the credit to build your bargaining position, and it may be better to leave any negotiating for subsequent sales. However, you still need to know basic features about rights and payments. There are some arrangements that may prove to be unacceptable to you even as a novice.

The good news is that the typical magazine contract is short (one or two pages) and easy to understand. There are a few basic concepts you need to be familiar with, and you'll be able to understand virtually any article contract you're offered.

Also, the contract is not written in stone. Don't be afraid to suggest changes, and by all means, always ask if there is something you don't understand.

Four basic features make up the contract: the arrangement under which you will write your article, the fee (including how much and when it is paid), the rights that you are selling, and the deadline and other specifics about the article itself. Let's look at these aspects one by one.

If you are selling an unwritten article through a query letter, the editor will proposed one of two arrangements: writing the article on speculation (or on spec) or as an assignment.

Writing on spec is the arrangement most often offered to inexperienced writers, or freelancers with whom the editor has not previously worked. This means that you will be paid only if the article is accepted. If it is not, you get nothing. This is risky, but it's often the only way for the novice to break in.

If you are a more established writer or the magazine is familiar with your work, the editor will usually offer an assignment. Often with an assignment, the editor will offer a kill fee as well as a fee for your article. This moves us into the next basic feature of the contract:

There are three aspects of fees, the first and foremost of which is the base price that will be paid for a completed manuscript that will be used by an editor. This is usually one of the first things established.

Then there is the kill fee. The kill fee provides for compensation for the time and money you put into an article if it is ultimately rejected. This is usually a percentage of the acceptance fee, and ranges from 10% to 35%. Not all magazines pay kill fees. Those that do offer them more readily to freelancers who they've used successfully in the past. This also points to the fact that when you write on spec, there will be no kill fee offered.

If a kill fee is not mentioned, yet you have received an assignment for the article, then there is no harm in inquiring about one. The worst the editor can say is no. At best, you're guaranteed some money for the time you spend writing the article.

The last aspect of fees involves any additional money the editor will pay you for expenses and/or photos. Most editors will expect you to absorb minor expenses. But if the article entails more substantial expenses, like travel and lengthy long distance charges, ask about reimbursement. Photos are also sold separately from the article itself, so if the editor is asking for photos, then you should be asking about compensation for those over and above the article itself.

When you receive your fee is another matter that must be ironed out. Many magazines pay on acceptance. In fact, for some authors, this is a marketing criteria they insist on before they ever approach a magazine. Under this arrangement, your fee is paid to you as soon as the editor accepts your finished article.

The alternative to paying on acceptance is paying on publication. This means that you aren't paid until your article sees print. The trouble with this arrangement is that it can take months and even years for an article to be published, and in the meantime, you don't get paid at all. And reprint rights are tied up until the first time the article appears, so any future payment for the work is tied up as well. To avoid this problem, suggest that the terms be changed to payment on acceptance. If this in not agreeable, suggest 'payment on publication, or 'x' months after acceptance, whichever comes first' with 'x' being the number of months you are willing to allow the piece to be idle. With this clause you know when you will get paid for your work. Lastly, you can suggest that if the magazine does not print the article within 'x' amount of time, all rights revert back to you as the author and you are free to sell the article elsewhere.

These are the rights that are most often be mentioned in magazine contracts:

First Serial (Periodical) Rights: The magazine buys the right to publish your work for the first time in any periodical.

Variations on this type of rights include North American First Serial Rights. This phrase is often added and specifies a geographical limit on the first rights. This means that you may sell first rights to periodicals outside the North American continent.

One-Time Rights: The magazine or newspaper is buying the right to publish your piece once, and places no restrictions on your selling it in the future. This is a non-exclusive right to publish the work, which means there is nothing to stop you from selling the work to other publications at the same time. Simultaneous sales would be to publications whose markets do not overlap and who do not require first serial rights.

Second Serial Rights: Also called reprint rights, this gives a publication the right to print your work after it has already appeared in another another periodical or newspaper, without your changing so much as a comma. Second rights are also non-exclusive, meaning you can sell second rights to more than one market simultaneously. Again, choose markets that do not overlap.

All Rights: This is sometimes phrased as world rights or all rights throughout the world and it means this is the one and only time you can sell the article. Period. The magazine is acquiring all publication rights, but not your copyright. Therefore, it is the worst possible agreement from the author's point of view, since you can not make any further use of the material. However, there is one worse case scenario, that being work made for hire or any nearly identical wording, because in this instance, the author transfers both publication rights and the copyright to the magazine.

Sometimes when you sell all rights, you can get the magazine to reassign the rights to you after publication. Many magazines have no real use for these rights and will return them at your request, but they have no legal obligation to do so. Also, another thing to remember is that if your sale (and it's an early sale, first or second) hinges on agreeing to an all-rights contract, remember that all you've sold is a particular collection of your words, not the idea behind the article. This means you can take that idea and your research and create a new article. But you must be certain it is substantially different from the one you sold all rights to. Preferably, approach the subject from a different angle, and be sure you use fresh facts, new quotes, and different examples.

Subsidiary rights: Encompasses all rights other than book publication rights. These rights are usually mentioned as part of a book contract rather than a magazine contract. They would include movie, television, audiotape, electronic rights, translation rights.

Dramatic, Television and Motion Picture Rights: These rights sell the material for use on stage, TV or movies. They are more important to the fiction writer than the nonfiction writer, but many biographies, topical books and biographies are increasingly being made into made-for-TV movies and documentaries.

The general rule of thumb when it comes to rights is: The more rights you sell, the less control you have over your work, and the more money you should be paid for the license.

Deadline: Know specifically when the editor expects your finished piece. If the time frame sounds like it will be a problem, then discuss it immediately. If, after the agreement you find that the deadline cannot be met, inform the editor as soon as possible. Understand that deadlines are extremely important to the editor and do everything in your power to deliver what you promised when you promised.

Article particulars: Discuss length. Editors expect a piece that comes within 10 percent more or less of a specified word count.

If photos or illustrations are to be used, the contract should also list the exact number and kind (black and white, color transparencies) desired.

Sometimes an editor will use the telephone to discuss these details. In this case, it may be helpful to have a list ready that reminds you of all the topics you need to cover with the editor. Take good notes during the conversation.

If the magazine does not send you a written contract, follow up a telephone conversation with a confirming letter. Use a standard business letter format, making two copies--one for the editor to sign and return and one the editor can keep. Make sure the letter is dated, provide space for the editor's signature, and sign both the original and the copy. Include an SASE for the return of your copy once the editor has signed it.

In the confirming letter, mention the date you spoke, whether you understand the article to be an assignment on on-speculation, the title and the exact price and kill fee, if applicable. State the rights that were agreed upon, and the length and and other details discussed. Then request that the editor sign and return the second copy to indicate his/her agreement.

You've done good keeping your business head! And you've gotten the best possible deal for your work.

Now dance and hollar!