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| Issue 96 (vol. 14, #4): published by The American Society Of Journalists and Authors March 29, 2007 Free subscription instructions at the end. Please remember that we are not lawyers and that this is not legal advice, but business advice. Contents:
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The 2007 ASJA Writers Conference is April 21 - April 22, 2007. For conference details, go to www.ASJAConference.org. Two full days of great information. If you happen to be an agent or editor looking for writers, consider attending our Personal Pitch session on our members-only day. Find details at http://www.asja.org/ppitch. *******************************
A report from IBM offers some views of where the publishing industry might be going. All publishing creatives - writers, photographers, illustrators, and even those in video and audio - should keep abreast of the business developments. Only then can you intelligently plan where your business needs to go and what might make sense in a contract. *******************************
According to this story from CNN.com (via Slashdot.org), Random House and HarperCollins will let readers browse books online and add book material to social networks (think MySpace). In addition, Amazon and Google will be able to let customers look at book pages. We're not trying to be alarmist, nor are we saying that this is bad. Indeed, if the experience of some niche authors and publishers holds true on a wider basis, this could mean more book sales period. But there will be writers uncomfortable with the arrangement, and that's why we say to check your contracts. It might be that your publisher has the right to do such things - or maybe not. But only a thorough understanding of the one document spelling out your relationship with that company can tell you. *******************************
The Electronic Frontier Foundation issued a press release about a settlement of a lawsuit. The suit alleged that the defendant improperly used the Digital Millennium Copyright Act of 1998 to get an ISP to take down a page with an unfavorable article by claiming ownership of an included photograph. We're not commenting on the merits of the case, but the concept is important. On one hand, the DMCA gives you a big legal stick to force companies with a US-hosted web site from using your copyrighted material online without your permission. On the other hand, it's easy to see how people can misuse the tool, especially as it calls only for the assertion, not additional proof. So the DMCA is something writers, photographers, and illustrators should be aware of - both offensively and defensively. *******************************
We always must remind ourselves never to say that we've seen it all. Inevitably we'll hear about some new practice that leaves us dumbfounded. The latest was Heartland USA, published by Babco Associates. The agreement has a kill fee clause, which is bad enough when editors can decide that they don't want a topic after all, even though the writer has professionally done all the work. But in this case there is an additional provision if an editor changes his or her mind only after the fee has been sent to the writer: "If Contributor has already received payment, he or she agrees to refund the amount over and above this kill fee." Somehow we suspect that if a reader wanted to return an issue, or if an advertiser reconsidered an ad after the publisher had already done its part, the answer would be hysterical laughter. But this is no laughing matter - ridiculous yes, laughing, no. Anyone asking a writer to take that kind of chance might not be the best publication to target for queries in the first place. *******************************
We've noted that writers should understand the Digital Millennium Copyright Act of 1998 (DMCA) because it provides tools for confronting Web sites that infringe copyright by posting writing without permission. However, to use the DMCA, one has to understand the requirements, and that is what the NFL apparently didn't bother to do according to a story by Ars Technica the NFL sent a take-down notice to YouTube over something posted by a law professor who knew the legal requirements and filed a counter-notification with YouTube. The NFL sent yet another take-down notice and, in doing so, effectively came into conflict with the very DMCA it was trying to use to get the material off YouTube. The moral is to understand how online rights work - and to get better informed, go to Chilling Effects (http://www.chillingeffects.org/), an online site, developed by the same law professor in the story. *******************************
We know there are times that people sign WMFH contracts. Sometimes they have to get some revenue in, and sometimes the pay is high enough that they don't mind. But Eons.com - the 50+ social site started by the founder of Monster.com - offers no benefit. WMFH means it could then reposition the content for other uses, and according to those who have done work there, the rates are pretty low. In other words, it hopes for a "raise" by owning material while expecting writers to subsidize its business. If you're older and wiser, you're probably better off looking for one of the many other opportunities springing up in the same market. *******************************
Need a Writer, Editor, or Editorial Project Manager? ASJA Freelance Writer Search, a service of the American Society of Journalists and Authors, connects those who need writers with more than 1,200 writers who have met exacting standards of professional achievement. Use Freelance Writer Search to locate writers for a wide range of editorial projects including books, articles, newsletters, corporate communications, ghostwriting, web copy, scriptwriting, speechwriting, and much more. Listings are free. For more information, visit http://www.freelancewritersearch.com. *******************************
The ASJA Contract Committee has speakers available on the subject of contracts. Because we are all volunteers, there is no guarantee that we can satisfy each request, but we do try. So if you'd like someone to come speak to your group, let us know. *******************************
Get Contracts Watch as it happens with an RSS reader. Put "http://www.asja.org/cw/cw.xml" into your RSS reader. For the blog, go to http://www.ContractsWatch.com. *******************************
Got a question or a contract? Fax questions or contracts to 415-532-1324, including your email address for a response. To send an email, go to http://www.asja.org/contact.php and use our Web form. (Sorry, but the email was getting clogged with spam.) We do have three requirements to review a contract. First, you must name the publisher, as it helps us aid others in the future. Second, it must be a commercial publisher and not a vanity publishing house that makes its money off you. Third, you must read through the contract yourself and explain your concerns. We'll look through the whole document anyway, but things go better if you are really involved in the process. The American Society of Journalists and Authors encourages reproduction and distribution of this document for the benefit of freelance writers and photographers, and other publishing content creators. Reprint or post as many items as you wish, but please credit ASJA for the information and don't change the content. Contracts Committee ASJA
ASJA Home Page: http://www.asja.org
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