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| CONTRACTS WATCH Issue 100 (vol. 14, #8): published by The American Society Of Journalists and Authors June 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: * An anniversary – and one goodbye
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This is the hundredth regular issue of Contracts Watch, so it seemed time to reflect. We've seen a lot of changes in the writing field and in contracts over the years that this newsletter has been around. Some publishers have been getting more draconian. And yet, we've seen companies having to change their practices because so many writers said, "No, we're not going to roll over." For that, everyone reading should give themselves a round of applause – you are among those writers. We wish that there was no need for Contracts Watch, but if wishes were horses, we could all enter the Kentucky Derby. Publishers will keep coming back in their attempts to gain more rights, offloading more responsibility, and pay less. The only practical choice for writers is to keep informed and to keep pushing back. When we persist, we eventually succeed. The goodbye is personal. I'm Erik Sherman and have been the chair of ASJA's Contracts Committee and editor of Contracts Watch for over five years as well as someone who has actively reviewed contracts for writers. But the time has come for me to step down, though I'll be continuing my involvement in writers' issues in other ways, such as offering advice on various writers' boards and continuing to write about the professional issues we all face. It's been my pleasure to help where I could, and I'm proud to have seen so many colleagues learn about the business, educate themselves on contracts, and negotiate, even when that seemed a scary prospect. I know you'll continue to. *******************************
At one time, Meredith was a reasonable company for a writer to deal with. You could talk to them about alternate contracts and change terms that were patently unreasonable. But once again management is trying to put yet a new master agreement into place. Some early reports suggest that editors, at least of some of their magazines, are holding the line and refusing to make any changes. We have a suggestion. Get the contract before you start working, try negotiating, and if they refuse to offer an alternate document or make reasonable changes, go elsewhere. The market ultimately speaks, and even though publishers and editors like to pretend that writers are a dime a dozen, they know it's not true. It's too hard to find the talent and dedication to get a good story. Try pitching different types of stories to other markets, or take your ideas to their competitors. When the writers they want don't want them, the tune will eventually change. It won't be the first time, and it won't be the last. *******************************
Criticism can sting, and Simon & Schuster's response to the Authors Guild critique [check Contracts Watch 99] of its contract changes was swift and snarly. The opening paragraph: "The Authors Guild has recently perpetrated serious misinformation regarding Simon & Schuster, our author contracts and our commitment to making our authors' books available for sale. Unfortunately, these distortions were released by the Authors Guild without their having undertaken any effort to have a dialogue with Simon & Schuster on this topic." To be fair, we haven't seen the new contract. But we know that the Guild is perfectly competent at reading contracts. And that's the issue. This isn't about dialog. You can talk until the cows come home and your face turns blue, but it doesn't matter. What matters is what the paper that bears your signature says, and from what the Guild hears from agents, the publisher refuses to negotiate, casting its desire for "dialog" as so much hot air. S&S's statement says that print-on-demand will let it "keep the author's book available for sale over the term of the license." Yup - and the term of the license is copyright, with no chance of rights reverting long after the publisher has lost interest (a process that these days takes, oh, three months). How do we know? Because we've seen too many other publishers try to do the same thing - effectively put an end to "out of print," so that they can collect the 73 copies sold without having to bother with a new edition or a re-invigorated marketing campaign. Publishers don't have the resources to promote the new books coming out, let alone the old ones. The statement from S&S smacks of someone trying to dance around the huge mammal in the living room while saying, "Elephant? What elephant?" We agree with the Authors Guild statement "that a publisher controls the right to sell an author's book only so long as the publisher effectively exploits that right." When a publisher's actions say that it's primary interest is squeezing out every last possible penny from a title without regard to the author's needs, then it's time to find another publisher. *******************************
This is a particularly pleasing segment to include after the previous one. According to the Association of Authors' Representatives, via an Authors Guild broadcast email, Simon & Schuster has apparently apologized for "any early miscommunication" regarding rights reversion. The publisher has said that it will negotiate "a revenue-based threshold to determine the in-print status of a book." Writers, take note: pressure on publishers can and does work. Keep pushing on the contracts front. *******************************
For some period of time, as we've mentioned in the past, the Copyright Office has accepted CDs and DVDs of articles (and photos, for that matter) for copyright registration. Now the organization is moving into the modern age and will be testing fully electronic registration coming this July. If you're intrested in participating in the beta test program, go to this link[1]. *******************************
The Boston Globe's Alex Beam had an interesting column for anyone who does ghosting work. New York-based Penn Group allegedly sued two of the ghosts it has worked with - not for poor work, but because they got mad at the writers, who no longer wanted to work with them. We obviously can't take a side second hand - it may actually be the writers, might be Penn, or responsibility for the legal explosions could be mutual. But the story does remind any writer to check the reputation of any outfit with which you're considering doing business. A contract is supposed to be a description of the terms of a relationship, but it's no guarantee of the experience, no matter how favorably the document is worded. *******************************
We just saw the new CanWest contracts for writers and photographers, sent over by a Canadian freelancer, and we must say that it's repulsive from the get go. The media company - maybe media robber baron would be more accurate - wants to own all rights to whatever writers create. Writers are supposed to agree to an article fee schedule that the company can unilaterally change without notice. The company can sublicense use of the material as it wants (though it will pay 50% of any gross from individual sales to other outlets - not counting bulk deals, including electronic rights). The writer also has to give up moral rights, which are non-existent for US writers, but something that Canadians actually do have. Oh, and the company wants the same deal with photographers. Sounds like a good reason to invert Horace Greeley's advice: Go east, young freelancer. *******************************
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. 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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