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| CONTRACTS WATCH Issue 99 (vol. 14, #7): published by The American Society Of Journalists and Authors May 24, 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: * WORTH Guidlines Not Worthy
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WORTH has its writer guidelines posted[1] and are they ever enough to break the freelance bank. Here are some of the highlights: * All sales are for all rights.
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If the writing is not on the wall, it may be on the Radar screen. Radar Magazine has an article[1] that Trump Magazine may be "on the verge of financial meltdown." We're not pro or con, but when the warning signs are out - and a magazine story about your financial problems is one of the classic warning signs - writers might think twice of whether to pitch or, if working on an assignment, to consider what the options may be. If there will be a problem, now is the time to take corrective action, because a writer would have to keep a watch both on income and cash flow. If you have yet to be paid for one assignment, consider passing on a second and diversifying your accounts receivable portfolio so that, should things go badly, you don't compound loss by volume. *******************************
According to an LA Times report[1], both the East and West divisions of the Writers Guild of America are pushing for writers to get "their fair share of revenue" that the Internet generates. The chief studio representative for negotiations called the Guild's position an "assault on the entire industry." We don't see why. Are they claiming that there's no revenue to be had from the Internet? If so, then what's the problem of offering a percentage of the nothing they get. If there is revenue, why should the studios get to divert the potential revenue growth completely into their own pockets? Apparently producers are also pushing to pay residuals - money paid on reruns - that start only after a show breaks even. But when does that happen? In Hollywood, the answer is often never after the accountants are through with such things as deducing the money that the studio would have made had it invested in something else instead. So not only are there expenses from what the studios do, but what they could have done. We're only writers, so let's make it simple: hand over a reasonable share and we'll leave the number massaging out of it. *******************************
The Authors Guild has been warning its members about a new Simon & Schuster contract that declares a book to be "in print" so long as there is an edition available - even if it's print-on-demand or an e-book. That would effectively mean no book from the publisher would ever be out of print, and authors would be stuck doing business with a publisher that no longer had any incentive to actually promote a title. We'd agree that authors need to negotiate carefully and insistently on this point, but would point out, unfortunately, it's nothing new. Other publishers have been trying this for years and more, insisting that if they had licensed rights to third parties that they kept rights to the books in question. The only practical way out is not to sign a contract that binds you to any book publisher unless there is a rights reversion triggered by the publisher no longer offering a regular print edition. If they won't, find another publisher. Yes, we know that probably sounds glib, but it's serious. So long as you tell yourself that you have no other option but to deal with a given company, you are an economic and psychological slave. We can't think of a sum of money large enough to make that worthwhile. *******************************
We are usually vocal advocates for copyright protection, so it takes a lot for us to say that perhaps increasing penalties for infringement isn't a good idea. But that's how we're viewing the U.S. Attorney General's interest in "a sweeping intellectual-property bill that would increase criminal penalties for copyright infringement, including 'attempts' to commit piracy," as reported by CNet News[1] and brought to our attention by PATNEWS, a news service about patents and other intellectual property issues. Current laws have criminal penalties available for actual copyright infringement, but the proposed changes would enable jail time of up to 10 years for attempts to infringe. So what's an attempt to infringe? Copying someone else's music CD? Use pirated software, and the results could be even worse - up to life imprisonment: Anyone using counterfeit products who "recklessly causes or attempts to cause death" can be imprisoned for life. During a conference call, Justice Department officials gave the example of a hospital using pirated software instead of paying for it. There could be easier-to-get wiretaps and seizing computers could be more readily seized, neither of which is something journalists want to see. We could go on, but why? Whatever quibbles some of us might have with copyright law and the hoops through which writers, photographers, and artists have to jump to protect their work, this is no help. We'd strongly suggest that everyone contact their representatives and protest legal changes that go beyond draconian and end up right in the dungeon - literally. *******************************
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. *******************************
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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