The author must realize that if such an agreement is signed, he or she is giving up all his or her rights in the finished product forever. The best way to handle electronic rights is to clearly spell out exactly which electronic rights are being licensed and which are not. In a sense, the law of electronic rights is being written now by the writers, editors and publishers. Eventually, the terms will be recognized to have standard meanings in the industry. In the meantime, freelancers who write for online publications should ask the editor to spell out in plain language exactly what rights they are purchasing.
Most editors are happy to explain their publication's policies.
And keep copies of all the correspondence, whether it is by letter or by email. The correspondence itself constitutes a binding contract if it clearly shows what the parties intended. There are a couple of important points to keep in mind about this decision. Furthermore, the ruling applies only in cases where there is no contract between the freelancer and the periodical. Since Tasini , almost every major newspaper has instituted formal contracts with freelancers specifically covering archiving, database rights and other electronic rights.