NWU Recent Initiatives and Advocacy on Behalf of Freelance Writers

 

Fair Contract Terms

-- Protested Simon & Schuster's recent changes to its standard author contract that violate the principle that a publisher should retain rights to a book only if it continues to invest significantly in the work.

-- Documented specific contract terms that academic writers should be aware of, and compiled a guide to negotiating contracts with academic publishers.

--Protested BostonNow's use of blogs for 20 percent and eventually 50 percent of its content with no commitment to pay creators of that content. The new free daily paper has since announced that it is putting together a "compensation package."

 

Freedom of Expression, Information, and Press

-- Called for the release of freelancer journalist and blogger Josh Wolf, imprisoned for refusing to turn over videos to police, and spoke out for a robust federal shield law that would protect all journalists, including freelance journalists and does not contain significant loopholes and includes protection for online journalists.

-- Supported Dr. Nawal El Saadawi, an Egyptian author whose book was suppressed. The author is currently in exile. Called for release of American freelance journalist Jill Carroll, kidnapped in Iraq while reporting for the Christian Science Monitor, as well as for the release of Iraqi journalists Reem Zaid and Marwant Khazal.

-- Supported the restoration and reformation of the Freedom of Information Act.

 

Grievances and Writer Alerts

-- Alerted writers to unfair business practices of particular publishers via Writer Alerts on www.nwu.org.

-- Uncovered violations of members' copyright by Amazon.com, Findarticles.com, Google, and other online companies that posted members' work online without their permission. The union's Copyright Crackdown campaign demonstrated to Amazon.com that they had bought from a database aggregator rights to sell articles that the aggregator didn't own. Amazon stopped selling the articles."

-- Pressed for resolution of class action electronic rights litigation and settlement payments due freelancers as a result of the landmark New York Times v. Tasini Supreme Court decision. (Court ruled that when freelance writers sell first print rights to publishers; publishers cannot use print rights to sell that content in electronic format to database companies, etc. Instead, rights to electronic sales and such sales to a third party, such as FindArticles.com, must be negotiated separately.)

Jobs

-- Launched a Hire-a-Union-Writer web portal program to connect NWU writers with labor unions seeking union members who can do writing jobs.

 

Taxation

-- Testified to the FCC re: media monopoly and testified before the New York City Council's Small Business Committee on double taxation and lack of access to unemployment benefits by a growing number of freelancer writers as staff writer jobs are being cut by the thousands. Urged exemption from the Unincorporated Business Tax or a tax credit.

 

New Technologies

-- Launched a Digital Issues Task Force to analyze technological practices such as Google Print, Google Search, that imperil copyright and impact writers' incomes. Opposed Google Print and Google Book Search claim that scanning author's work does not violate their copyright.

-- Advocated for ASCAP-type royalty systems for music to be used as well for writers. Called for fair and transparent collection of reproduction rights.

-- Critiqued the advantages and disadvantages of POD (print on demand) publishing and compared major POD vendors ("Print on Demand: What You Need to Know" is available on www.nwu.org)

-- Protested Playboy magazine's making 636 back issues available in original format on DVD, evading Supreme issues parameters and taking commercial advantage of writers' content without paying them additional money.

 

Copyright Legislation

-- Lobbied in Washington D.C., securing the support of a number of Congressmen, including Barney Frank, for bills that protect creators' copyright, enhance collective licensing through antitrust exemption, and lift the unparalleled burden on creators to pay fees to register their works in order to gain access to punitive damages against willful infringers.

-- Supported legislation to secure bargaining rights for freelance writers, rights that freelance writers in many other countries already enjoy.

-- Advocated for the elimination of the requirement under the 1976 copyright Act that prevents creators from suing for statutory damages for infringement unless they register every item with the U.S. Copyright office, for a fee.

-- Advocated for legislation to require publishers and periodicals to include registration at the U.S. Copyright Office of a creator's contribution in the name of the creator, not just as an issue in the name of the publishers.

-- Submitted written testimony against the U.S. Copyright Office's "orphan works' bill, whose original proposal would have allowed publishers and online databases to sell "orphan works" (works whose authors have not been located) without the author's permission. Under pressure, the Copyright Office revised its bill to require due diligence searches for authors and other changes we called for and lobbied Congress for, putting the bill on the back burner for this year's Congressional session.

-- Called for the criminalization of copyright infringement so that those who steal our written works pay the same penalties as those who steal music and movies.

 

Equal Access

-- Endorsed civil marriage for same sex couples.

-- Pioneered a live Internet-based forum, The Written Word Workshop, for writers with disabilities. These teleconferences, primarily for blind and visually impaired (BUI) writers. mentors poets, short story writers and creative non-fiction writers and is open to NWU members and non members.

-- Created a free summer institute to teach writing and the business of publishing your written work for union members (2005 and 2006) in the greater NYC area, culminating each year in a published collection of their work.

-- Endorsed legislation to institute a single payer health care system in the US that would cover every resident and eliminate high overhead and profits of the current private health insurance industry and HMOs. UAW Region 9A director Robert Madore was arrested at a pro single payer sit-in outside Connecticut governor's office.

 

Solidarity

-- Spoke out against the owner of Toledo Blade newspapers' union busting tactics and the heavy handed actions of the management team and their lawyers in the year-old labor dispute.

-- Helped craft the U.S. Labor Against the War (USLAW) anti-Iraq war resolution, passed by the AFL-CIO at its national convention. This was the first time in US history that the AFL-CIO came out in opposition to a war while it was being fought.

-- Spoke out at Labor Media Conference to support organizing on campuses.

-- Supported writers affected by Katrina, collaborating with Gulf Coast Writers, to get books to writers who lost theirs in the hurricane and flood.

 

Collaborations

--  Collaborated with the International Federation of Reproduction Rights Organizations (IFRRO) and the International Federation of Journalists (IFJ) for joint action to secure for pro-writer changes in the international reproduction royalties system and for copyright protection. -- Forged alliances with other creators' groups such as the Graphics Artist Guild and Illustrators' Collective, to raise awareness of copyright issues and develop joint strategies for increasing royalties to creators in the US.

-- Collaborated with the Authors Guild, American Society of Journalists and Authors, Graphic Artists Guild, Pride At Work, Health Care for All, Author Coalition of America Coalition of Labor Union Women, U.S. Social Forum, Detroit Writers Guild, Labor Research Associates, Reporters Without Borders, and the A. Philip Randolph Institute and its "Black-Labor Alliance."

--  Co-sponsored cutting edge programs with Women, Action and Media (Boston), Mission District Latino Book Festival (San Francisco), The Brecht Forum (NYC), Allied Media Conference, AFT Michigan, Stony Brook seminar, National Council of Teachers of English, and the Labor Media Conference.