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| Issue #74 (vol 9, #1): published by The American Society Of Journalists And Authors March 2, 2002 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. Free subscription instructions at the end. Details of specific contracts mentioned here are available from ASJA.
ASJA Home Page: http://www.asja.org Contents:
* News about a class action suit against HarperCollins ************************ The following notice was sent to HarperCollins authors. We reprint it here in the event you're one of these authors who didn't receive the notice. If you had a book in print with HarperCollins between January 1993 and April 2001, you might well be a class member in an action brought against the publisher in New York. In an important ruling, a state appellate court affirmed in December the certification of the class in this lawsuit. Plaintiffs Ken Englade and Patricia Simpson charge that authors were not treated fairly when Harper sold copies of its U.S. works to foreign affiliates for resale in the foreign country. Plaintiffs accuse Harper of selling books to its affiliates at improperly high discounts of up to 75%, leading to low author royalty payments for those sales. Plaintiffs claim Harper breached its implied contractual duty of fair dealing and express royalty rates clauses. WHAT THIS MEANS FOR YOU In the next several weeks, if you are a member of the class, you should receive notice from the trial court about the action. The trial court's notice will contain instructions for authors who do not want to be represented in the class-action suit, giving them a chance to opt out. Those who remain in the suit would receive the benefits of any favorable court judgment or settlement, but would not be permitted to bring any individual claims they may have against HarperCollins for these same acts. If you are not notified, or if you have any questions, you may contact Robert Lax, an attorney for the plaintiffs, at 212-818-9150. ************************* In Contracts Watch #72 (vol 8, #3) http://www.asja.org/cw/cwfiles/cw010820.php we told how, last summer, writers for Ski and Skiing magazines were suddenly given a take-it-or-leave-it work-made-for-hire contract by the suits at the magazines' new owners, AOL/TimeWarner. The writers quickly organized themselves Here's a follow-up report from some of the group's organizers: So often since the awful Ski/Skiing contracts were inflicted on us last summer, we have been the bearers of less than glad tidings on the writing scene. One bit of news that was particularly difficult to pass on related to the new Powder (Primedia) contract, which not only asked for all rights in perpetuity, but also claimed the rights to a writer's concepts. We're thrilled to report that these awful terms have been rescinded--and quickly. At least one dismayed writer, and perhaps others, protested to Powder editor Porter Fox. A former freelancer himself, Fox was chagrined and embarrassed that the revised contract that the Powder staff had crafted out of the Primedia boilerplate had not been sent to the contributors. He fixed the problem pronto and sent an apologetic message to his contributors. As he promised, the predatory contract was quickly replaced by one granting Powder first North American print rights to the work and concept (this latter is particularly important in light of the earlier contract), plus exclusive electronic rights to reproduce the work online for a fee to be negotiated and exclusive rights to reprint the work in a Powder anthology, also for a fee to be negotiated. That means all other secondary rights remain the writer's property, as they should. Powder, aware of the Ski/Skiing imbroglio, has opted for the high road in treating its talent fairly.This represents a stunning contrast to the shabby and high-handed treatment we all received from Time4 Media when, as a large group, we protested the new work-for-hire agreements at Ski and Skiing. How differently Powder treats its writers. Porter Fox came up with a quick remedy to an unfortunate situation, rather than the sign-it-by-our-deadline-or-you're-history ultimatum issued to us by directive from AOL/TimeWarner. We can only wonder what might have been if we had remained a totally solid, unified group. Arguably, Ski and Skiing, with their rights-grabbing contracts, would have been in a weak position to lure writers from Powder and its fair contract. Beyond our own fight, we believe that freelance writers in all specialties must continue to stand up against inequitable contracts. While we rejoice with Powder contributors, we are concerned that the extremely predatory boilerplate contract that Powder mistakenly mailed to its writers is circulating within the Primedia organization. We have been told, in the Ski/Skiing situation, that the company line was, "All our magazines have the same contracts." The suits in NY claimed this, and the editors in Boulder were sure that was true. We know that it isn't true. We know that Parenting, Health, This Old House, Cooking Light and perhaps others do not issue the same restrictive contracts that the Time4 Media arm of AOL/TW insists on. Powder certainly did the right thing, but for writers on other topics, we wonder if other Primedia magazines are being equally fair. We hope so. As we have said so often, if we don't hang together, we will all hang separately. *********************** ASJA's Contracts Committee is working on a project with the National Writers Union, Washington Independent Writers, the American Society of Media Photographers, Editorial Photographers, The Graphic Artists Guild and The Illustrators Club and would like to request anyone who has current or past copies of the Washington Post contract to fax them to us at 415-532-1324. We're especially interested in contracts signed within the past year, but would like to see samples from further back, too. Also, please include two pieces of information: Whether you've ever found that your WP work was used without your permission either on the Post's Web site or elsewhere online; and if you registered your freelance work for the Post with the copyright office. As always, feel free to X-out any identifying information, such as your name, address, fee, etc. Nothing you send us will be used in any way that will identify you as the source of your information. Your willingness to share such material helps us help all writers. ******************** Does your writing group have questions or concerns about contracts in the post-Tasini world? ASJA's Contracts Committee has assembled a crack team of knowledgeable members throughout the country willing and able to address your group on contract matters large and small. Addressing challenges like work-made-for-hire, indemnity clauses, making unfair contract palatable and negotiating strategies, we can give your members the kind of nitty-gritty, on-the-ground information they need to protect their rights and improve their bottom lines. For information, e-mail us at contracts@asja.org. ******************
Mark Your Calenders for the 2002 ASJA Annual Writers Conference! Attend the premier conference for nonfiction writers and gain valuable insights into improving your writing life and increasing your income from books, magazines, the Web, business projects, scripts, newspapers and more! Panels and workshops feature editors from leading periodicals and book publishers, agents, writing field specialists, online experts, marketing mavens, media producers and award-winning writers. On Saturday, April 13--the main conference day--meet editors from W.W. Norton, Crown, Broadway Books, Hyperion Books, Simon and Schuster, The New Yorker, Harper's, The Atlantic, Rolling Stone, Marie Claire and many others. The 25 panel sessions range from selling to specific magazine markets and publishing your first book to earning a six-figure income as a writer and making the switch from staff to freelance. As an added bonus on April 13, ASJA's Contracts Committee will offer free, confidential contract-related consultations during the conference. Bring any contracts you have questions about and we'll review them and provide concrete, real-world advice about how they can be made more writer-friendly). Or simply stop by and we'll try to answer any general contract-related questions you have. Look for our table located outside the meeting rooms. Additional intensive writing workshops, held on Sunday, April 14, provide in-depth exploration of four key writing areas: book proposals, essays, article queries and memoirs/autobiography. Visit http://www.asja.org for complete information and to register online. Or, sign up for our free email newsletter. We'll send you updates about the Conference.
April 12 (Friday): ASJA Annual Members-Only Meeting.
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