Can Examiner.com articles be sold on CC?

[sfjames]

I have a few articles that I've written for Examiner.com, and wanted to find out they would be eligible to submit for sale on Constant Content? I'm thinking if the answer is yes, that it would be for usage rights only since the articles have been previously published on the Examiner website. Examiner.com has a non-exclusive license to any articles published on the site; the writer retains ownership of the original work. Any information anyone can provide will be greatly appreciated. Thanks.

[sfjames]

This is the is a portion of the Examiner Independint Contractor's agreement regarding licensing and content ownership:

"Ownership and License of Works and Web Page: a.Subject to the licenses granted herein, you will retain copyright in your original Works. Examiner.com will retain all right, title and interest in all elements of the Web Page other than the Works, including without limitation the layout, design, and graphics of the Web Page. If you choose to make your Works or any portion thereof available on any other commercial website (including mobile platforms or other formats in which such websites or content are distributed) after such Works have appeared on Examiner.com, you must include (i) the Examiner.com logo/graphic provided by Examiner.com and the words "as published on Examiner.com" (in the format provided by Examiner.com http://blog.examiner.com/category/pressroom/logos/) and (ii) a link to your Web Page (or if the Web Page is no longer available, a link to the Examiner.com home page). All uses of the Examiner.com logo and related graphics or text must adhere to the Examiner.com brand guidelines (http://blog.examiner.com/category/press ... uidelines/).
b.You hereby grant to Examiner.com and its Affiliates a non-exclusive, perpetual, irrevocable, royalty-free, transferable, worldwide license, without any obligation of notice or compensation to you to: i.copy, reproduce, distribute, perform, modify, adapt, create derivative works of, use, transmit, publicly display, and exploit the Works or any part thereof, in any manner, media or format now existing or hereafter devised, whether fixed or interactive, including without limitation in print, audio, on the Internet, via mobile devices, in databases and compilations, via any devices capable of playing audio or video content, in CD-ROMs and DVDs;
ii.use, copy, transmit, publicly display and otherwise promote your name, image, likeness, opinions, and any biographic information provided by you in connection with the exercise of the rights granted herein, including without limitation in connection with the advertising, promotion, publication and exploitation of Examiner.com or the Works in any manner, media or format now existing or hereafter devised; and
iii.sublicense, syndicate, or otherwise grant third parties any of the rights described in this subsection."

I'm looking for clarification (and hopefully confirmation) on whether selling articles on CC that were previously published on Examiner.com is an option. Thanks.

[Celeste Stewart]

The requirement of the logo, a link back to your Examiner page (CC doesn't allow this), and "as published on Examiner.com" may be a problem. People that buy usage rights are not supposed to alter the text in any way, including removing a line such as "as published on Examiner.com" but they often do. I'm not sure how you can be assured that they will include the logo as well.

[sfjames]

Thank you for the response, Celeste. You made some excellent points. It's a bit disappointing that this won't be a viable option. But I am very glad that you provided clarification. It would've been much worse for me to have proceeded with submitting content before finding out if it was even an option.

[Celeste Stewart]

Constant-Content may have a different take, but in my opinion it's probably best not to rely on others to adhere to terms of service you've previously agreed to and are on the hook for.