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| Issue #72 (vol 8, #3): published by The American Society Of Journalists And Authors
August 20, 2001 The American Society of Journalists and Authors encourages reproduction and distribution of this document for the benefit of freelance writers. Reprint or post as many items as you wish, but please credit ASJA for the information and don't change the content.
CONTENTS:
* SKI writers take on the moguls ********************** It's the ski writers versus the moguls. Upset by the new work-made-for-hire contract being foisted on them by AOL/TIME WARNER, the new owner of SKI and SKIING magazines, more than 30 sometimes long-term writers, including several former editors, have sent letters of protest to Skiing Editor-in-Chief Rick Kahl and Ski EIC Andy Bigford: "The company is trying to repeal long-standing policies and instead is claiming for itself all rights to our work in all media for all time," the letter read in part. "Further, stating we will not be paid for assigned work until we accept these new terms is an effort to intimidate us. We believe we deserve better."While it's not surprising that the publisher of SPORTS ILLUSTRATED, TIME and PEOPLE would take a one-size-fits-all approach in its contract dealings, those magazines are written primarily by staff writers who receive regular salaries, insurance and other benefits. Ski and Skiing, however, are written primarily by freelancers, who are independent contractors and so must pay for such "extras" out of their freelance fees. "What they want is to take somebody's article on ski instruction or boot performance and put it on their websites, hand it over to their computer animators or turn it into a script for the Outdoor Life Network without paying the writer a nickel," The Ski Press Daily News quoted Claire Walter, an ASJA member and long-time contributing writer for Skiing Magazine. A similar contract has reportedly been presented to writers for other newly acquired AOL/Time Warner titles. Writers for those magazines might want to consider banding together in a similar fashion. ********************** In the last issue of Contracts Watch Issue #71 (vol 8, #2), we reported on a meeting between representatives of ASJA and several executives from WEIDER PUBLICATIONS (SHAPE, MEN'S FITNESS, MUSCLE & FITNESS, NATURAL HEALTH, JUMP, FIT PREGNANCY, and FLEX) about the company's unfair work-made-for-hire contract. During the meeting, the executives insisted that no writers had complained about the restrictive contract nor had any refused assignments. Nor, they insisted, was the contract negotiable. We knew better and asked for your help in telling us your experiences with the company's magazines. Our report: No surprise, people have balked, walked and refused to talk. "I've considered writing for them but I'm wary about all new markets until I know about the contract which, in this case, seems abysmal," wrote one award-winning journalist. "They've had the work-for-hire contract, as far as I know, forever," wrote another long-time writer. "I'm sure many writers know that and, like me, just don't even consider them for queries." "Oh, for heaven's sake!" says a third. "Weider claims no one complained or walked away? Perhaps the editors don't relay the complaints. Count me as one FORMER regular writer for Men's Fitness who complained (years ago when the contract changed from first serial to all rights), then started restricting what I wrote for them, and later walked away." There are more like this. But the bottom line is, writers talk, so Weider's unfair contract has run off more writers than the executives realize. And writers who are better able to pick and choose their venues are just the type of experienced professionals a company like Weider should be wooing, not chasing away. The company executives were correct, however, when they said they don't brook changes to their contract. With one major exception, the contracts passed along to Contracts Watch were all but unchanged. The exception? Money. Writers who, for whatever reason, continue to work for Weider have reported getting up to $2 a word for their work. If you're not one of them, you may want to ask yourself (and your editor) why not. ****************** And here's another reason not to sign WEIDER PUBLICATIONS', or any other publisher's all-rights contract. Media Life Magazine is reporting that Marriott International will soon publish a complimentary magazine for its hotel guests with editorial reprinted from other consumer magazines. And what magazines might those be? The two mentioned in the Media Life story were wait for it Weider Publications and TIME, INC. Douglas John, president of WILTON PUBLISHING, the custom-publishing house putting together MARRIOTT INSIGHTS, says hotel guests will enjoy reading warmed-over stories because "the knowledge that [they have] appeared in a major, highly-regarded publication adds a special value and credibility to the article." Why will we not be surprised when the first issue of the magazines carries a story about the best places to ski in Colorado that originally appeared in, oh, Weider's SKIING magazine and another on weight lifting and women from, perhaps, SHAPE? ******************** At one time, magazine editors were almost by definition, defenders of the First Amendment. Not so any longer, at least at VITALITY magazine. When a Canadian writer had the apparent temerity to ask about renegotiating the licensing of rights so she could resell her work north of the border, the editor's response was colder than Moose Jaw in February: "We buy ALL [emphasis hers] rights, including Web use. We do not negotiate additional Web fees, etc. It looks to me that Vitality may not be the place for your services at this time, so I think it's best I withdraw your assignment. Thanks for your interest, we'll keep your name in our files, yada, yada, yada." Pity the next fool who dares question the Queen's edicts at that publication. ********************** "Well, the publication is asking only for non-exclusive rights." Many a writer has comforted him or herself with that rationalization. Figuring that if a magazine, Web site or newspaper isn't asking for all rights forever, it's not that bad a deal. After all, you can still try to re-sell a piece yourself, right? Not so fast. A friend sends the following chilling warning: "Yesterday I read the writer's guidelines for a publication I wanted to write for. The guidelines stipulated that this publisher purchased reprint rights, but in parentheses was the following explanatory phrase: 'work to which the writer alone owns the resale rights.'" In other words, this publisher is well aware that other publishers retain rights to resell a writer's work while "allowing" the writer to do the same. And in an effort to protect itself, the contract states up-front that the publisher wants no piece of any article in which rights are shared. One more reason to fight even non-exclusive rights contracts ********************** ScienceNOW is the daily web news service of SCIENCE MAGAZINE, whose contract we have previously praised. Not so its electronic sibling. That's because ScienceNOW's contract usurps all rights from the writer and has a more onerous indemnification clause. It also doesn't indicate when payment will be made, nor does it mention an existing arrangement to resell material to another website. An editor there told our correspondent that the contract can be revised. But you have to ask. So be sure to do so. Early and often. ********************** Tracking down unauthorized uses of one's work on the Web can be difficult. ASJA member Sarah Wernick has put together what amounts to an online guided tour of how to do so. Go to www.sarahwernick.com and click on the link at "Is Your Writing on the Web?" ********************** A correspondent sends a warning about an experience he recently had with CARIBBEAN TRAVEL AND LIFE (WORLD PUBLICATIONS) in which an agreed-to assignment was inexplicably cancelled following a changing-of-the-guard at the editor's post. The story is one most experienced writers have suffered through before: promises that all previous commitments would be honored, inexplicable delays in the receipt of needed paperwork (in this case travel tickets), a sudden and unexplained cessation of return phone calls. Consider yourself warned. ********************** Here's a contract clause we've not seen before. Clause #9 in the "Consulting Agreement" for a tour guide to be published by the AMERICAN AUTOMOBILE ASSOCIATION asks the writer to guarantee that he or she will not infect the company's computer system with any "virus, worm, trap door, back door, timer, etc., etc., etc." The way this and other parts of the contract, er, Consulting Agreement are written leads Contracts Watch to conclude that it was initially drawn up to be used for, well, consultants, such as Web page designers, programmers, marketing people and other non-writers. Many publications try to save money by slapping a few clauses onto their standard consulting agreement and asking writers to sign. CW once saw a contract that had a very strict confidentiality agreement. In fact, it was so strict, the writer was actually barred from writing about anything he learned during the performance of his duties! This sloppy AAA contract seems to have followed the same knuckle-headed path. And let us add a few solid tips from ASJA's web master on protecting your editor and yourself from viruses. Unless directed by an editor to send an article as a Word or WordPerfect attachment, send it in plain ASCII -- either in the body of the e-mail or as an attachment -- which cannot contain macros with viruses. In WordPerfect, save as "Generic word processor." In Word, save as "Text only" (not "Text only with Line Breaks"). Any formatting, such as italics, will be lost when a file is saved in this manner, so be sure to first save the file in your word processor's format. ********************** Those of you who see Contracts Watch regularly know that we've been keeping a special eye on the GRUNER & JAHR contract. (Those who don't see CW regularly can go to www.asja.org and click on the Contracts Watch button to read up on past issues.) A friend writes that she's been able to make the following changes to the company's contract: * Payment of 10% of the original fee for e-rights (although she couldn't get them to limit that usage of her work to six months or one year, though); * Reduction of the exclusive first-rights period from six to three months. ********************** The MIAMI HERALD, part of the KNIGHT-RIDDER chain, has reportedly presented its freelance writers with a take-it-or-leave-it work-made-for-hire contract, thus continuing the short-sighted newspaper industry trend of running off its most talented independent contributors. Or, as one correspondent wrote: "It's all very disappointing to me. You can't, of course, rely on selling to newspapers, but by reprinting stories in about eight to 10 metro Sundays, I've managed to make a decent secondary income and have that much more of an audience for my stories. Now I'm out at the Herald, the CHICAGO TRIBUNE, the NEW YORK TIMES, the BOSTON GLOBE, with more, I'm sure, to come." ********************** TO ASJA MEMBERS AND OTHERS who send contracts, information and scuttlebutt in strict confidence: Thanks. Without your help we couldn't do what we do. Inquiries from all are welcome. |
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