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Inklings Issue 3.18
================================================================
i n k l i n g s
Inkspot's newsletter for writers
Issue 3.18 Sept.03, 1997
================================================================
<http://www.inkspot.com/pub/inklings/ink0318.html>
* Over 19,000 subscribers! *
This issue features "The Tasini Decision: For Writers It's Good
News And Bad" by Moira Allen, hints on gathering clips by Harold
Hunt, and freelance writing advice by Marcia Yudkin.
This issue sponsored in part by:
================================================================
ON SPEC Magazine - Premiere Canadian Quarterly of Speculative
Writing...the best in Canadian SF, Fantasy, Horror and Magic
Realism. $2 off your subscription if you mention Inklings.
Email: onspec@earthling.net
================================================================
THE WRITER'S SOFTWARE COMPANION: multimedia software by Writer's
Digest's Nancy Kress. Uses advanced learning tech. and total
immersion to bypass years of trial-and-error, dramatically
accelerating a writer's progress. http://www.novalearn.com
================================================================
THE INTERNET WRITING JOURNAL(TM). "How to" articles, interviews,
product reviews, features and more. From WRITERS WRITE(TM)
at http://writerswrite.com. http://www.writerswrite.com/journal/
NEW: Omni's Ellen Datlow, mystery author Joyce Christmas.
================================================================
FREELANCE SUCCESS newsletter gives nonfiction writers the tools
they need to earn a fulltime living. Detailed market information
for pros and those who aspire to be. SASE to 801 NE 70th St.,
Box IK, Miami, FL 33138. E-mail: freelance-success@usa.net
================================================================
* Samurai Consulting * http://www.samurai.com
Services include internet consulting, WWW page design, electro-
nic newsletters, mailing lists, FTP sites, system maintenance,
training. Email: Bryan Fullerton <bryanf@samurai.com>
================================================================
ISSN 1205-6413. Copyright 1995-1997 Debbie Ridpath Ohi. Contact,
copyright, advertising rates and other info at end of issue.
================================================================
| CONTENTS THIS ISSUE: |
| From The Editor's Desk |
| Fresh Ink and Market Information |
| Ask The Freelance Writer |
| Clip Gathering Tips: Think Local |
| The Tasini Decision: Good and Bad News For Writers |
| Writers' Classifieds |
================================================================
FROM THE EDITOR'S DESK
======================
Inklings is pleased to introduce a new sponsor. FREELANCE SUCCESS
is a publication for professional freelance nonfiction writers.
They focus on top-paying markets (most markets they cover pay at
least $1/wd). Content includes interviews with editors,
up-to-date market news, tips and strategies from successful
freelancers, insider publishing information. Subscriptions are
available by email or snailmail, sent weekly by email or monthly
in print. For more information, send a SASE to 801 NE 70th St.,
Box IK, Miami, FL 33138 or contact freelance-success@usa.net
Congratulations to Jennifer Cooper <jx@zelacom.com>, whose
name
was randomly picked to win a copy of _The Writer's Home
Companion: An Anthology of the World's Best Writing Advice, from
Keats to Kunitz_ (by Joan Bolker, Owl Books,1997). Jennifer is
the content development manager for Zelacom (www.zelacom.com), a
Web services firm in New York City. "Our experience spans the
design and development of Web sites for everything from Big Six
accounting firms to the publishing industry. Your readers might
be interested in checking out www.hungerpoint.com, a site we put
together for novelist Jillian Medoff." The next giveaway is for
_The Writer's Tax guide_; see the Fresh Ink section for details.
Thanks to _Children's Writer's Guide to 1997_ (Institute of
Children's Literature) for mentioning Inklings/Inkspot.
FRESH INK
=========
Win a copy of THE WRITER'S TAX GUIDE
------------------------------------
The Writer's Tax Guide: Writing and Writing It Off. Author:
Michael Arthur Jones CPA. $19.95 paperback, 216 pages, ISBN
0-9655787-0-4, Veritas Publishing Company, 1997. For both
professional and hobby writers, deductions, record-keeping tips,
other useful tax info (U.S. focus). Send email to
giveaway@inkspot.com with your name and email address by Friday,
Sept.12. By entering, you agree to let Inklings and Inkspot
publish your name and email address if you win. Details available
at:
http://www.inkspot.com/admin/giveaway.html
Masterpiece Media Writing Links
-------------------------------
Technical writing resources with a focus on employment-related
links.
http://www.mindspring.com/~panin/nplinks.htm
The Editor's Pen
----------------
Writers, editors, indexers can list their services for free in
this networking web resource. Site also contains useful links
and job hotline info.
http://www.pathway.net/dwlacey/
Newsies on the Web
------------------
Links to some home pages of editors and freelancers on the web.
Focus on newspapers.
http://www.newsies.com/
The Market List
---------------
Excellent source of sf/fantasy market info. Also interviews,
reviews, articles.
http://www.marketlist.com/
Ecola Newsstand
---------------
Newspapers, magazines, computer publications. Search for a
publication name.
http://www.ecola.com/news/
Canscaip
--------
The Canadian Society of Children's Authors, Illustrators, and
Performers.
http://www.interlog.com/~canscaip
New Inkspot update section
--------------------------
Inkspot's main page will now feature a regularly updated
section highlighting industry and market updates as well as
updates to the website.
http://www.inkspot.com/
Travelwriter Marketletter
-------------------------
Hardcopy monthly market newsletter for travel writers and
editors. Industry updates, market listings, info about trips for
writers, payscales, editors. Subscribe for US$60/yr, US$115/2
yrs. Overseas via airmail US$70, 2 yrs for US$135. 12-yr-old
publication. Robert Scott Milne, Editor, Travelwriter
Marketletter, Waldorf-Astoria, 301 Park Ave., New York, NY 10022.
================================================================
MARKET INFORMATION
==================
Please note: Inklings does its best to print only accurate market
info. However, it cannot be held responsible for lost postage,
time, etc. that you may incur due to inaccuracies. Do not send
submissions by email before inquiring first. You should get
current, detailed guidelines before submitting. Include SASE for
snailmail replies. More market info at:
http://www.inkspot.com/market/.
SPECIAL THANKS TO THE FOLLOWING MARKET SOURCES:
SCAVENGER'S NEWSLETTER
Monthly market info letter for sf/f/h/m writers & artists.
More info at: http://users.aol.com/Lemarchand/scavenger.html
THE GILA QUEEN'S GUIDE TO MARKETS
POB 97, Newton, NJ 07860-0097 Email:GilaQueen@aol.com
http://www.pacifier.com/~alecwest/gila/index.html
THE WRITE MARKETS REPORT
Markets magazine for writers. Email: dvrg19d@prodigy.com.
http://members.tripod.com/~deepsouth/index-writemkt.html
CHILDREN'S WRITERS MARKET LIST (magazines only)
Available by e-mail or snailmail. Email shauers@inkspot.com.
For free sample, send any email to childmkt@inkspot.com
==-----------------------------------------------------==
"FNASR" = First North American Serial Rights, "SASE" =
self-addressed, stamped envelope, "simsubs" = simultaneous
submissions, "mss" = manuscript, "RT" = response time, "GL" =
guidelines, "wds" = words, "cc" = contributor's copy.
***If you are a *paying* market and would like your guidelines
included in a future issue of Inklings, please fill out the form
at: http://www.inkspot.com/market/mktpayform.html
Editor & Writer - seeks articles, profiles
------------------------------------------
LeAnn Zotta, Managing Editor. Editor & Writer, 526 Boston Post
Road, Wayland, MA 01778. Bimonthly publication of Blue Dolphin
Communications, Inc. Provides feature editors and writers with
inside information, management tips, and how-to advice gleaned
from interviews with successful editors from all varieties of
publications. Seeking: Publication profiles (800 wds, 7/issue),
Features (2000-2500 wds, 4/issue), My Favorite Editor (400 wds,
once/issue). Queries: by snailmail only. No email or phonecalls,
please. Send query letter with three of your best samples
(include SASE if you would like your materials returned). "Editor
& Writer invites new writers to submit queries. We regret we
cannot personally respond to each query." No unsolicited
submissions, query first. PAYMENT: Profiles $100, Features
$250-400, My Favorite Editor $50. Payment on acceptance, and is
made within 30 days of invoice submission and approval. ART: Each
writer will provide a b&w; photo of the interview subject(s) and a
publication cover, if applicable. Color photos OK, casual shots
OK. RIGHTS: Each writer will be asked to sign a contract
identifying the assignment, the fee to be paid and rights
(usually all) to be assigned to BDC. (Source: magazine itself)
Bride Again Magazine - seeks articles
-------------------------------------
1240 North Jefferson, Suite G, Anaheim CA US 92807. Editor: Beth
Reed Ramirez. Phone: 714/632-7000, Fax: 632-5405. New quarterly
bridal magazine for the second-time bride, will make its debut
with a Fall 1997 issue. Initial distribution 200,000. SEEKING:
articles (1500-2500 wds) on the following topics:
remarriage-beating the odds, blended families, planning a second
wedding, becoming a stepparent, differences between a first &
second wedding, dealing with ex-spouses, legal aspects of a
second marriage, prenuptial agreements, unusual wedding and
honeymoon locations. PAYMENT: 35c/wd on acceptance, for all
rights. Send SASE for full guidelines. (Source: Travelwriter
Marketletter, see Fresh Ink for details)
The Dollar Stretcher - seeking articles
---------------------------------------
The Dollar Stretcher, 949 E. Cypress Creek Rd., Suite 101, Ft.
Lauderdale, FL 33334. Gary Foreman, Publisher. "We're looking for
all kinds of material relating to the frugal lifestyle. A
variety of styles are employed including how-to articles,
interviews, columns, Q/A, personal experiences and even cartoons.
We pay $0.05 per word and accept articles ranging up to 2,000
words. For a copy of our writer's guidelines, send email to:
gary@stretcher.com. Please put the word Guidelines in the
subject of the email so we can respond promptly." Pays on
publication. Email submissions okay. Rights: First time rights
including right to reprint articles for non-profit and
promotional use. (Info rec'd Aug.20/97)
Email: gary@stretcher.com
URL: http://www.stretcher.com
The Intuitive Heart - seeks uplifting stories
---------------------------------------------
The Intuitive Heart: A Book Of Comfort And Courage, Editor: Tag
Goulet, 3107 W. Colorado Avenue, Suite 125 Colorado Springs, CO,
USA 80904. "A book filled with uplifting stories of people who
followed their heart - and even when the path they chose in life
was difficult, it ultimately proved to be the right one. The
book is also about life lessons learned by people who didn't
follow their heart, including inspiring stories from some who
were given second chances." Pays on publication ($25 honorarium
plus a complimentary copy). Email submissions okay. Copyright
info: "The author is asked to grant permission for publication in
the book as well as for all promotional purposes associated with
the book. However, the author will retain the right to publish
their story anywhere else they choose." LOOKING FOR: "Stories,
memoirs, or anecdotes up to 1,000 words. Stories must fit within
the overall theme of the book as described at our website.
Deadline: Sept. 22, 1997." (Info rec'd Aug.29/97)
URL: http://www.heartpath.com
GL: http://www.heartpath.com/book.html
Email: tag@heartpath.com
San Diego Writers' Monthly - seeks interviews,
non-fic/fict/poetry
-----------------------------------------------------------------
-
3910 Chapman St., San Diego, CA 92110. Editor: Mike MacCarthy.
Monthly. "SDWM's philosophy is to promote a sense of community
among local writers (both established and aspiring) and to reach
out to those who appreciate good writing. Our audience is a broad
cross-section of San Diego's literary community, from
journalists, novelists, and poets to agents, teachers,
librarians, and booksellers. Our goal is to inform, represent,
and entertain by showcasing local writers and a wide variety of
fine writing. Current depts open to freelancers include the
following:" The Monthly Interview: "Usually assigned, but queries
will be considered. Subject must be a noteworthy member of the
literary community and must live in or have recently visited San
Diego Country." 3000-4000 wds; pays $10-25 on publication for
first-time rights. Non-Fiction: "Essays, opinion, humor,
reportage, reviews, book excerpts. All subjects except technical
or narrowly academic. No simple-minded 'how-to'. Queries a must."
Max 4000 wds; pays $10-25 on publication for first-time rights.
Fiction: "All genres and styles. Stories and novel excerpts.
Queries are not necessary." Max 4000 wds; pays $10-25 on
publication for first-time rights. Poetry: "We reprint 2-4 poems
per issue. Send no more than 4 poems." Max 40 lines each; pays $5
on publication for first-time rights. TIPS: "SDWM does not print
articles on writers' block, nor any material that in our opinion
is in bad taste (i.e. gratuitously violent, abusive, or
pornographic). Please don't query with a proposal for a column;
give us ideas first and we'll see. No telephone or email queries.
[In cover letter] please note any writing credits/experience."
Sample $4. RT: 8-10 wks. (Source: The Gila Queen's Guide To
Markets #88)
Email: mccarthy@adnc.com
URL: http://www.sandiego-online.com/entertainment/sdwm/
It's All Happening At The Zoo - seeks stories
---------------------------------------------
P.O. Box 74, Riverbank, CA 95367. Steve Herbelin/editor.
Forthcoming collection of original stories from the workplace.
Laser printing will be utilized to enable continual addition of
new stories. Ministories (fewer than 1,000 words) are also
accepted, for which we pay $50 upon acceptance. Rights: "Herbelin
Publishing will assume editing, publishing and copy rights to
stories paid for. Authors will be credited." Seeking: "Original
short stories, from approx. 1000-6000 wds, can be fiction or
non-fiction, or even sf/fantasy; must be amusing/humorous and
relate to the workplace or a working environment." Tips: "We are
looking for original, amusing stories that relate to the
workplace. Anything goes, as long as the story is fun to read."
(Info rec'd Aug.31/97)
Email: herbelin@daisylink.com
URL: http://www.daisylink.com/stories.htm
New Moon - seeks articles for girls
-----------------------------------
New Moon: The Magazine For Girls and Their Dreams, POB 3620,
Duluth, MN 55803-3620. Phone (218) 728-5507. Fax (218) 724-0314.
Barbara Stretchberry, Managing Editor. 25% freelance. An
international magazine for every girl who wants her voice heard
and her dreams taken seriously. With girl editors ages 8-14 and
girl contributors from all over the world, New Moon celebrates
girls, explores the passage from girl to woman, and builds
healthy resistance to gender inequities. Works with new writers.
Circ. 30K. Bimonthly. Pays on publication. Publishes mss 6 months
after acceptance. Responds 9 months. Sample $6.50. Subscription
$25; $30 in Canada; $37 other. Guidelines by snailmail only with
SASE. NEEDS: Looking for freelancers to research and write
stories for theme-specific issues or departments. New Moon
departments include: Her Story (stories of women's past
achievements); Women's Work (articles about careers); Science
Side Effects (articles about science); Global Village (stories of
girls from around the world); Fiction (stories that portray
strong, confident girls); Body Language (articles relating to
girls' and women's bodies, development, and health); and Earth to
Girls (articles about the environment). New Moon is also looking
for general stories about girls and women doing whatever they do,
ordinary or extraordinary. Keep in mind that New Moon is
multi-cultural and diverse in its images and stories of girls and
women, and is looking for stories about all kinds of girls and
women. New Moon's main mission is to help girls stay true to
themsleves and feel proud to be a girl. Pays 5-12c/wd for
300-1200 wds. Submit query or complete mss by mail with SASE.
HINTS: "Please read New Moon to understand our style and tone. Do
not be condescending or preachy to girls in your stories. We are
looking for clear, fun pieces that all kinds of girls will
respond to. Remember that the Girls Editorial Board picks all
stories for publication." (Source: The Write Markets Report)
Email: newmoon@newmoon.duluth.mn.us
URL: http://www.newmoon.org
================================================================
Ask The Experts
---------------
*** Please put "inklings question" in the subject header. ***
Judith Bowen (ROMANCE WRITER) jbowen@max-net.com
David Breeden (POET) drpoetry@ktc.com
Charles Deemer (SCREENWRITER) cdeemer@teleport.com
Mark Fowler (LAWYER) askthelawyer@inkspot.com
Susan Graham (AGENT) slgraham@mindspring.com
Paula Guran (HORROR WRITER) DarkEcho@aol.com
Carol Henson (BOOK DOCTOR) bookdoc@Prodigy.net
Ken Jenks (ELECTRONIC PUBLISHER) MindsEye@tale.com
David Leit (LAWYER) askthelawyer@inkspot.com
Bob Sablatura (JOURNALIST) bob.sablatura@reporters.net
Michelle Sagara (SF/FANTASY WRITER) Michelle.Sagara@sff.net
Lee Wardlaw (CHILDREN'S BOOK WRITER) Katknip2@aol.com
Marcia Yudkin (FREELANCE WRITER) send to yudkin@inkspot.com
Sharon Zukowski (MYSTERY/SPY WRITER) 76372.2252@CompuServe.COM
Columnists may be unable to reply privately to every message,
but will answer selected questions in future issues of Inklings.
================================================================
ASK THE FREELANCE WRITER
----------------------------------------------------------------
by Marcia Yudkin (yudkin@inkspot.com)
Queries and interviews
----------------------
Q: I have been doing extensive research on a particular subject
and would like to query the appropriate magazines for an article.
To write the article properly, I would need to interview several
key people who are doing research on the same subject. Do I
approach these people before I write the query or after?
A: Here as elsewhere, honesty is the best policy. Choose one or
two of these people and tell them that you're doing preliminary
research for an article, and that you'd like no more than 10
minutes of their time for a few questions. Use that 10 minutes
to get a few details that you can use to add authority and color
to your query, and tell your source that you'll get back to
him/her when your assignment is confirmed. This way, it's a
win-win all around. You don't waste the sources' time; you can
write a better query; and you've maintained credibility with
your source that you can call upon again for the real interview
later.
Simultaneous submissions
------------------------
Q: I just sent in my first "professional" submission. Can I
simultaneously submit to other magazines and accept the first (or
best) -- my I am optimistic, aren't I? -- offer I get, or do I
need to wait to hear from each editor? The piece is a
time-sensitive Christmas story -- so delaying on other
submissions could cost me a sale.
A: I don't recommend simultaneous submissions of completed
manuscripts. What can happen is that editors have a hole in an
upcoming issue, seize upon a submission as a way to fill the
hole, and then tell the writer after the issue has gone off to
the printer. If this occurred simultaneously at two competing
publications (and I know of cases like this), the editors would
be riproaring mad at the writer. That would not be good for your
career!
Copyright confusion
-------------------
Q: I've sold something to a major newspaper (first rights), with
all rights reverting to me. Can I resell "second" or "reprint"
rights to another (perhaps more than one) newspaper?
A: Yes. That's exactly the difference between "first serial
rights" and
"second serial" or "reprint rights": Once you sell the former
and the
article is printed, you can then contact as many other outlets as
you like
to reprint the article. Just make sure that the later
publications know
that the piece has already been printed.
Freelance writing as an income earner
-------------------------------------
Q: How viable and reliable is freelance writing as an
income-earner, particularly a full-time income earner, and how
can you maximise income earning potential?
A: Although I know numerous people who make a reasonable living
as freelance writers, I think your use of the word "reliable"
indicates that this may not be the right lifestyle for you.
There will never be guarantees that the work will continue to
come in on a steady basis. You need to be able to tolerate that
risk. If you do want to brave the freelance life, some
strategies that lead to higher income are: reselling your work
to additional markets; cultivating a small number of editors
that you work for on a regular basis; specializing in a subject
that's currently in demand; and writing books in addition to
writing articles.
==---------------------------------------==
Marcia Yudkin is a freelance writer who has published hundreds of
magazine articles ranging from the New York Times to
Cosmopolitan, and is author of eight non-fiction books. You can
get e-mailed copies of Marcia Yudkin's Freelance Writing FAQ by
sending e-mail (it doesn't matter what is contained in the
e-mail) to: FL@yudkin.com. Free samples of her audiotapes for
writers are available online at
http://www.realvoices.com/llindex10.htm.
Copyright (c) 1997 Marcia Yudkin.
================================================================
CLIP GATHERING TIPS: THINK LOCAL
----------------------------------------------------------------
by Harold Hunt
<hunt50@juno.com>
Editors want clips (published pieces bearing the writer's
byline), and writers want to publish. Clips are proof that a
professional thought your work was worth publishing. So how do
you go about gathering clips? Think local.
One local newspaper editor says, "The strength of local
newspapers is local coverage." Yet, like the families they serve,
newspapers feel the crunch between rising costs and shrinking
revenues. Competition for advertising revenue is fierce.
Writing and editorial staffs perform double and triple duty
covering news, features, editing and paginating as publishers use
assets to expand, or hold onto their revenue base.
This calamity creates opportunities for a freelancer to cover
stories the staff can not. Consider a new clergy member in town,
an award-winning teacher, scholarship winners, a local artists'
show. Each offers interview sources for fillers, and profiles
that local newspaper editors love to publish. Cover a
fund-raiser by local service organizations like the Elks, Rotary
or Kiwanis. Turn in a fairly well written article (with photos
if possible) and you have a byline.
Local advertising magazines aimed at a specific audience are an
excellent market for profiles and information pieces of interest
to that audience. Business and professional magazines; health and
fitness publications; entertainment magazines aimed at tourists;
and seniors' publications, all offer bylines and most pay at
least a stipend.
For photo-art a good point-and-shoot camera will suffice. "When
you think you are close enough - get closer, and don't pose your
subject. Catch them doing something," advises one
photojournalist. Read several issues of the chosen publication as
a writer, not as a subscriber. Try rewriting several pieces to
get the 'feel' of their style. Learn the correct spelling of the
editor's name. Do a few trial runs by writing and rewriting
several original short pieces as you would for publication.
When you are ready, call the editor of the section you wish to
appear in and offer to drop off or mail samples of your work.
Editors are always on deadline, so do not drop in and expect an
immediate reading. Suggest specific story ideas you can deliver.
Remember, an idea lacks focus if it will not fit on the back of
a business card. Do not write a piece for submission without
first checking with the editor. Someone at the paper may be
covering that story, or they may have recently done a similar
one. Finally, as the goddess Nike says, "Just do it."
==----------------------------------------------==
Harold Hunt is a feature writer for The Cape Coral Breeze, a
local daily newspaper in Southwest Florida. He also writes book
reviews and articles for regional and national magazines.
Copyright (c) 1997 Harold Hunt.
================================================================
THE TASINI DECISION: FOR WRITERS, IT'S GOOD NEWS AND BAD NEWS
----------------------------------------------------------------
by Moira Allen
<Moira.Allen@olywa.net>
On August 13, a ruling was made in the New York U.S. District
Court that will have a profound effect on freelance writers. The
case, filed in 1993, was Tasini vs. The New York Times Co. While
Judge Sonia Sotomayor ruled against the plaintiffs, her decision
holds both good news and bad news for freelancers.
An Overview
-----------
Jonathan Tasini (president of the National Writers Union)
launched a lawsuit claiming that The New York Times Co. (NYTC)
and several other publications had violated the plaintiffs'
copyright by republishing material in electronic format.
Specifically, the plaintiffs objected to material appearing in a
CD-ROM, and in the LEXIS/NEXIS on-line database.
The plaintiffs argued that they had not granted electronic rights
to their material, only first rights. Sotomayor, however, ruled
that no infringement had taken place because the electronic
publications constituted a "revision of a collective work," as
defined by Section 201(c) of the U.S. Copyright Act of 1976.
Section 201(c) grants "creators of collective works... the
privilege of reproducing and distributing the contribution as
part of that particular collective work, any revision of that
collective work, and any later collective work in the same
series." Sotomayor rejected the argument that this section
"predated" electronic publications.
Collective Works
----------------
A "collective work" refers to any item that is "compiled" from a
selection of smaller works (or data), such as a periodical, a
database, an anthology, etc. While the writer may hold the
copyright to a contribution in such a work, the creator (or
publisher) holds the copyright to the entire work itself, and has
the right to determine where and how that work is reproduced or
distributed.
"The National Geographic" offers a good example of this
principle. (It was not, by the way, involved in this case.) Each
edition of the Geographic constitutes a "collective work." While
authors may hold copyrights to individual articles, the National
Geographic Society holds the copyright to each edition as a
whole.
That means NGS can control what happens to each issue. It
decides how many copies to print and distribute. It could
decide, for example, to produce a "large type" edition, or a
Braille edition, without violating individual copyrights. Thus,
theoretically, it could also decide to issue an edition in
electronic form.
In fact, it has done just that, by issuing "90 years of National
Geographic" on CD-ROM. On each CD, every page of every issue is
reproduced photographically. (Other CD-ROM compendiums, such as
"The Year in Time," reproduce articles as text files, without
their originally formatting or artwork.)
This is an excellent example of what Sotomayor's ruling covers.
Because the CD-ROM edition is not "substantially changed" from
the original collective work, it simply represents another form
of distribution for that work. NGS does not have to acquire
electronic rights, because it is reproducing the MAGAZINE (which
it owns), rather than individual ARTICLES (which may be owned by
the author). That defines the Tasini decision: That publishers
are within their rights to reproduce the content of a "collective
work" in another format.
How Writers Benefit
-------------------
Although the plaintiffs lost their primary argument, several
important points were won for freelancers:
* The ruling applies only to electronic publications that
fall within the definition of a "revision of a collective work."
It does not apply to any other form of electronic rights,
including publication of material on a periodical's website.
* The ruling does not apply to a "new work," such as an
anthology or a collection of articles gathered from several
different collective works. For example, a CD-ROM that contained
"The Best of Magazine X" would not be covered.
* The ruling does not cover the electronic publication of
an individual article, separate from the "collective work" as a
whole. Under this ruling, that could constitute an infringement.
* First publication rights cannot be taken to mean "first
publication in any media." First publication means exactly that;
any subsequent use is no longer a first use, regardless of the
medium.
* A stamp on the back of a payment check does not
constitute a binding contract. Newsday, for example, stamped its
checks with the statement, "This check accepted as full payment
for first-time publication rights... and for the right to include
such material in electronic library archives." This is not a
contract, particularly as the check may be received after the
article has been published.
All this highlights the importance of getting a contract.
Amazingly, prior to this case, neither NYTC or Newsday issued
written contracts, relying instead on verbal arrangements. You
should be sure to obtain (or supply, if necessary) a written
agreement that clearly specifies the terms and conditions of a
sale.
For now, a term such as "FNASR" is very specific: It defines the
usage (first), the medium (serial), and the distribution (North
America). In the future, however, some of these terms may also
come under dispute: Is a CD-ROM, which may contain several issues
of a publication, a "serial?" Can an electronic database's
distribution be described as "North American?"
And Now the Bad News...
-----------------------
While the ruling itself may seem like bad news in that authors
will have to forego some revenue on their work, the backlash from
the ruling is far more serious. The New York Times, for example,
now insists that its writers sign "all rights" contracts. It is
probable that other periodicals will follow suit, hoping to avoid
similar conflicts. Rather than negotiating electronic rights (in
any form) separately, many publications will simply demand all
rights in perpetuity, or worse, work-for-hire agreements.
This does not bode well for freelance writers. It is impossible
to guess what benefits writers might have gained if Tasini had
won (although publishers could have handled a "win" in the same
way, by demanding all rights in future contracts). However, it
is unlikely that the potential revenues from electronic
distribution would have offset the loss of revenues from
subsequent sales of one's material. Now, unfortunately, writers
may be facing the loss of both.
FOR MORE INFORMATION:
Tasini et al v The New York Times et al
http://www.igc.apc.org/nwu/tvt/tvthome.htm
(The National Writer's Union's perspective on the case, including
the full text of the original complaint.)
Three Articles from "Editor and Publisher:"
* Electronic Rights After Tasini
http://www.mediainfo.com/ephome/news/newshtm/news.htm
* Most News Online Managers Relieved by Freelance Ruling
http://www.mediainfo.com/ephome/news/newshtm/stop/st081597.htm
* Judge Rules Against Freelancers
http://www.mediainfo.com/ephome/news/newshtm/stories/081597n1.htm
Jonathan Tasini, et al., vs. The New York Times Co. (the ruling)
http://www.ljx.com/topdecision/tasini.html
(Contains the full text of Judge Sotomayor's ruling.)
==----------------------------------------==
Moira Allen is a former editor of Dog Fancy magazine, and has
been a professional freelancer and editorial consultant for more
than 18 years. She is the author of three books and more than 100
articles. She also teaches professional and creative writing at
a local community college. You can find out more information at:
http://www.olywa.net/peregrine/index.html
Copyright (c) 1997 Moira Allen.
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