\ \ \ \ \ \ \ \ ASJA CONTRACTS WATCH CW961219 Issued December 19, 1996 [The American Society of Journalists and Authors encourages reproduction and distribution of this document for the benefit of freelance writers. Reprint or post as many items as you wish, but please credit ASJA for the information and don't change the content.] ***** Word is spreading through freelance circles: Stay away from RODALE PRESS. The American Society of Media Photographers has circulated a short report based on leaked internal memos that spill Rodale's plans for squeezing freelance photographers and writers. According to ASMP, the publisher (MEN'S HEALTH, PREVENTION, RUNNER'S WORLD, BICYCLING et al.) wants to use articles and photos to its heart's content and, where it has routinely paid for extras, to lower reuse fees. ASMP didn't name the perpetrator, but Contracts Watch has learned that much of the report comes from an October 22 memo signed by John Griffin, magazine division president. The memo says Rodale aims to increase its "international and new media activities" and uses that goal to justify ordering that each magazine force its contributors to comply with brutal contract demands by the end of the year. The ASMP report, being passed around by photographers on the Internet, advises bluntly that "any photographer who signs this agreement is not acting in his or her best long term interest." ASJA echoes that counsel to writers. A recent article contract from the company's hottest title, MEN'S HEALTH, tells the tale in its terminology: The magazine's "Purchase Agreement" talks of Rodale's "acquisition" of an article. Apparently, the publisher has no concept of the freelancer as one who leases, not sells. Rodale insiders say HEARST and CONDE NAST are mentioned as contract role models, apparently with little concern that freelancers have begun to drift away from those publishers with the boardinghouse reach. Chalk it up to a lag in understanding that today there is more to keeping contributors happy than mailing the check on time. As the article-reuse market booms, freelance writers are starting to insist that they benefit from any extra uses of their property. Because Rodale makes clear that it thinks otherwise, one Men's Health contributor tells Contracts Watch: "I've just offered an article idea to Men's Health for the last time." ***** Cross-country, one of Rodale's competitors in the fitness market appears to be thinking twice and acting conciliatory. Having tried to declare its omnivorous contract non-negotiable, the WEIDER magazine group (MEN'S FITNESS, LIVING FIT, SHAPE, et al.) has run into protest from numerous contributors. The company has responded by agreeing to take the form back for further thought and consultation. Meantime, some Weider editors tell writers it's OK to pare the agreement down to first print rights and make all other uses subject to later negotiation--a fair way to handle things. ***** Another contract that's back to the drawing boards is the one from FAMILYFUN (DISNEY). The magazine, known for good relations with freelancers, startled many of its regulars recently with a "no more negotiation" edict. Writers, accustomed to fixing the excesses of the standard agreement, protested. FamilyFun tells Contracts Watch that a cease-fire has been declared: While revisions are being considered, it's back to negotiation as usual. ***** Freelancers for GRUNER + JAHR (McCALL'S, PARENTS, et al.) continue to fix the publisher's unacceptable contract demand for limited free electronic rights. Recently, a writer for CHILD dropped the contract's two e-rights clauses entirely. Taking another tack, a FAMILY CIRCLE writer worked out an agreement that granted e-rights with an added "payment to be negotiated." That approach keeps FC in the ballpark with competitor WOMAN'S DAY (HACHETTE), which promises a specified fee for use in its America Online edition. ***** Other magazines continue to ask for free e-use but make other arrangements when writers say no. Told by a freelancer that all-media reuse for free was not acceptable, HISTORIC TRAVELER (COWLES) offered to delete the request or add payment of "at least 10 percent of the original fee" to the clause. ***** Freelancers who write directly for online markets, like those who write for print, face offers of different terms--some reasonable, some not. For example, a writer reports that the Webzine BIZTRAVEL limits online archive use to a year and readily agreed, on request, to add a royalty for other kinds of electronic use. On the other hand, TIME INC. NEW MEDIA has received turndowns from writers it was wooing to produce segments for a Web site under development. After long, serious talks about content, the freelancers were sandbagged with the Time approach to freelancer relations: We want to own what you create, And we will not negotiate. After Time sprang its work-made-for-hire contract on them, one of the writers wrote to the editor in charge: "WMFH is a way for employers to use writers as employees without providing the usual employee benefits, or to get consultant work without paying consultant fees." Time refused to change the contract. The writer bowed out. Others have done the same. ***** Contributors to WORKING MOTHER, WORKING WOMAN and MS. who've been waiting for those magazines' promised writer-friendly contracts are still waiting. Last summer, owner Jay MacDonald told Contracts Watch he'd develop a new form that would provide separate payment for any uses beyond one time in print. But a company official says that while there have been some discussions, paperwork isn't near ready. Meantime, although some writers report being told the publisher won't brook changes in its existing contracts, others have been fixing offensive clauses and sending the altered contracts through. "I've chosen not to make a big deal about it," the MacDonald man says. ***** The CHICAGO TRIBUNE has run into trouble with several new contracts that have freelancers buzzing and balking. Their terms range from all rights in Op Ed to less onerous but still greedy demands in Travel. In an effort to head off resistance, the Trib's travel editor wrote to his regulars last week that he'd raise story fees by $50 if they'll come along quietly. But he's finding that not all will sign. As long as the contract says perpetual e-rights are free with purchase of one-time print rights, that token extra is a bribe; it buys the publisher a little step toward redefining industry practice in a way that is suicide for freelancers. If the Trib brass will write an extra fee or option in the appropriate place in the contract--to cover specified, limited extra rights--they'll be offering something worth looking at. ***** Another newspaper having a tough time with freelancers is the Portland OREGONIAN, a NEWHOUSE paper. As expected, the Oregonian has begun backing down from its recent attempt to impose work-made-for-hire contracts. The newspaper now offers a variety of different agreements, all of which, from what Contracts Watch has seen, are still unacceptable to freelancers who take their business seriously. Typical is one agreement management apparently tries to pass off as friendly by using the label "Exclusive First Rights." First rights are in section (a), but then there are (b), (c) and (d), which cover just about anything a newspaper publisher might want. Is it any wonder some of the paper's best freelancers aren't going along? ***** While some U.S. publishers still lust after freelancers' rights, a related conflict is playing out in the newspaper world on the Continent, where, unlike here, staff writers typically retain some rights to work done on the job. In Belgium, two staff journalists' unions sued CENTRAL STATION, the Web-based "electronic clipping service" launched last spring by 11 newspapers. The court ordered negotiations. Negotiations failed. Although the newspapers may yet try to revisit the matter in court, earlier this week a solemn message on the service's Web site "regretfully" announced the service's demise. ***** Many ASJA members and others send a steady stream of contracts, information and scuttlebutt so that these ASJA Contracts Watch dispatches can be as informative as possible. Thanks to all. To receive each edition automatically (and at no charge) by e-mail, send the following e-mail message: To: ASJA-MANAGER@SILVERQUICK.COM Subject: CONTRACTS WATCH Complete Text: JOIN ASJACW-LIST Only official dispatches: no feedback, no flooded mailbox. ***** Check Before You Sign A complete, searchable archive of ASJA Contracts Watch is available on the World Wide Web. Find it--with other valuable information and tips on freelance contracts, electronic rights and copyright--at the Web address below. ***** Inquiries and information from all are welcome. Contracts Committee, ASJA 1501 Broadway, New York, NY 10036 tel 212-997-0947 fax 212-768-7414 e-mail 75227.1650@compuserve.com Web page http://www.asja.org/cwpage.htm