Contracts Watch

CONTRACTS WATCH
Issue 88 (vol. 12, #3):
published by
The American Society Of
Journalists and Authors
September 7, 2005

Free subscription instructions at the end. Please remember that we are not lawyers and that this is not legal advice, but business advice.

Contents:

* Freelancers: File Your Claims And Get Your Share Of $18 Million

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Freelancers: File Your Claims And Get Your Share Of $18 Million
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The deadline for making claims in the class action copyright infringement suit against the databases is approaching. There is $18 million on the table, including attorney's fees and expenses of about $4.5 million. Do not let your chance to grab a portion of that slip away. You have only until Sept. 30 to file a claim.

Even writers in the lowest claims category who have not registered the copyrights to their stories, can still reap a substantial award in the thousands of dollars. Claims are easy to file, especially online at www.copyrightclassaction.com.

If the settlement is approved after a hearing later this month and you do not either file a claim or opt out and sue on your own, you will forfeit your rights to be paid for all of your stories in the databases. IF YOU MAKE NO CLAIM OR FAIL TO OPT OUT, YOU WILL FORFEIT NON-EXCLUSIVE RIGHTS TO YOUR STORIES TO THE DATABASES, WHICH WILL THEN BE ABLE TO SELL THEM FOREVER WITHOUT COMPENSATING YOU.

Some important facts:

1. You can file for any story published after Jan. 1, 1978. Remember, your story may have appeared in a database without your knowledge. If you have not received a Claim Number and a Control Number to file your claim online, you can generate one at: https://cert.tgcginc.com/edb/pocdownload.php3. Then follow the directions for making online claims.

2. You DO NOT have to have documentation to back up your claim. Fill out the form to the best of your knowledge. You do not need pay stubs or contracts. You do not need to cite an exact publication date.

3. It is up to the defendants to challenge a claim. The presumption lies with the writer. When in doubt, file a claim.

4. If you don't have records or cannot recall all the stories you wrote, you may find searching various databases useful. Try www.factiva.com, www.highbeam.com, www.newslibrary.com, lexis-nexis by credit card at http://www.lexisnexis.com/alc106127lp/?referrer=asja_banner1_lp and others often available for free at your local library. All allow you to search for free even from home.

5. Even if you don't see your stories on a database, file a claim. A list of publications can be found at http://cert.gardencitygroup.com/edb/fs/publications. However, that list may not be complete. When in doubt, file. It takes seconds.

6. If you were forced to retroactively sell electronic rights through one of those master agreements instituted by some publications in recent years, you still should file claims for those stories. However, you will receive 35 percent less because you have signed away future rights.

7. If you signed a contract granting electronic rights for a limited time and that time has expired, file a claim.

8. If you think you have hundreds of claims and would prefer to file them using an Excel spreadsheet, you can do that. Contact the claims administrator at www.copyrightclassaction.com.

9. You do not have to make all your claims online at one time. You can make one batch, then go back another day and claim more. Just retain your ID number. If you want to amend your claims or cannot recall what you've claimed, the claims administrator can help you.

10. Remember, if you never registered your stories, you have no legal standing to sue. The settlement is the only way for you to be paid for the theft of your stories unless you register and find a lawyer willing to take your case, which is unlikely.

11. Under the terms of the settlement, you retain non-exclusive rights to sell your stories. If you want to retain exclusive rights to your stories and do not want the databases to have continued future use, you must decline those uses when making claims. If you do that, you will receive 35 percent less in your award.

The more claims you file, the more money will be paid to freelancers, up to $18 million, including fees. Get your share.

Consider setting up a system to register your stories every quarter, thus making them eligible for statutory damages and attorney's fees, the only practical way to ensure that you can sue for copyright infringement if your work is stolen. For an explanation of why that's important and how to do it, go to: http://www.asja.org/pubtips/copyrite.php

Remember, there is an abundance of useful information about freelancing for members and non-members on the ASJA site, www.asja.org. Distribution of Contracts Watch is sponsored by Silverquick Ltd. at http://www.silverquick.net.


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