Breaking into Freelancing

with Vince Beiser

The first thing to ask yourself is: Who are you, and what can you write about? Whats your level of skill and experience as a reporter and writer? What are you interested in? 1. The Idea: Finding and developing story ideas Read a lot, of all kinds of different publications: not just daily newspapers but newsletters, alternative press, ethnic press, trade magazines Talk often with activists, advocates, researchers involved in issues that interest you. Make sure they know to tell you when something new is going on in their area Go to conferences and other events relevant to subjects you want to write about Sign up for carefully selected email lists ones youll actually read. Keep folders handy to throw ideas into. Developing ideas: You always need to do a certain amount of research before you have an assignment, to make sure there really is a story there; but you dont want to end up doing weeks worth of reporting only to find out that no one will buy the story. How much advance work you should do varies depending on the story, and on your relationship with the editor or publication. The first question to ask is always: who else has done what on this? How to find out who else has done what: LexisNexis.com: online database of zillions of newspapers and magazines. Expensive, though. They do have a free service for recent news: www.lexisnexis.com/news/ Other commercial services: findarticles.com, Highbeam.com Libraries: the LA Public Library provides free access (if you have a library card) to a huge selection of searchable databases of all kinds of publications. Also, try the Internet Public Library http://www.ipl.org/div/serials/ Archives of your target publication and/or its competitors Google News and/or Yahoo News: these subsets of the giant search engines will only look for stuff that has appeared in publications Preliminary reporting: once youve decided the story hasnt already been overcovered, start digging deeper to learn more than whats already been published: Find experts: note people quoted in other articles and contact them yourself Profnet.com and facsnet.org Universities For hard news/investigative type stories: Find the antagonist. Take Aim: Market Research Identify potential buyers. You probably have some publications in mind that you want to break into, but you can also: Scrutinize ma gazine stands and sections in big book stores

Breaking into Freelancing - a mediabistro.com get smart(er) seminar

Look through The Writers Market, an annual listing of US magazines and what they cover. Or subscribe at www.writersmarket.com MediaBistro's "How to Pitch" series

Carefully study the publications youre interested in. What do they want in terms of style, tone, depth, length? Also bear in mind their frequency of publication, which affects what sort of timeliness theyre looking for in a story. Find out if they have theme issues coming up that are relevant for your pitch. mediabistro.com keeps a list of these here: www.mediabistro.com/content/archives/editorialcalendarguide.asp MB also has a useful series on how to pitch various magazines, available here: www.mediabistro.com/content/archives/howtopitch.asp 2. The Pitch Your pitch has to answer two questions, and do it fast and convincingly: whats the story, and why you? Whats the story? Hit them with a short, sharp and engaging summary. Write it like a miniature version of the story, with a snappy working title and a lead that pulls the reader in. Follow that with a graf or two summarizing the most compelling information, with some key specifics names, numbers, dates. And then a graf about why the story matters/will be interesting to that publications readers. Generally, it helps a lot if you can peg your story to something currently in the news. If your issue has been covered in some significant way already, be sure to mention that, and explain why your piece will bring something new to the table. Why you? -If you have any kind of contact in common with the editor - a friend, colleague, whatever - say so right away. -If you have especially whomping credentials relevant to this story youve won big awards, youve been covering the issue for 17 years you might want to mention that right up front, too. Do you have special insight, connections or experience relevant to the story? Have you already been in touch with some of the principals? Are you in possession of documents that have never before been revealed? Be sure to say so if you do. At the end of the letter, include a sentence or two about yourself in general, tailored to the story and publication. In general: sweat the query. Take the time to make it as strong as you possibly can. Its your introduction, your first impression; youre selling yourself as much as this story. Keep it to one page. And once youve written it, let it cool off overnight and give it a last once-over before sending it out.

Breaking into Freelancing - a mediabistro.com get smart(er) seminar

Sample pitch 1: feature for Los Angeles Times Magazine Dear Ms. Big- Time Editor, Joe Yabloko, our mutual former editor at the Daily Mikmak suggested I get in touch with you about the following story idea: PSYCHEDELIC CURE FOR ADDICTION? Well-heeled drug addicts and alcoholics are buzzing over a reputed silver-bullet cure for their dependencies: Ibogaine, a powerful, illegal hallucinogen that boosters and former addicts say can break addiction with a single dose. Surprisingly, a growing body of research supports that notion although theres no solid proof yet, and trials have also pointed up possible dangers of the drug. But despite the scientific uncertainty, a growing number of American addicts are slipping across the border to try the psychedelic cure in clandestine clinics in Mexico and Canada. Derived from the bark of a West African tree, ibogaine induces wild hallucinations or deeply healing visions, depending on whom you ask. Many former addicts say that they have emerged from a single 12 hour ibogaine trip freed from their chemical cravings. Counter-cultural types have been experimenting with ibogaine since the late 1960s. But in recent years, it has also begun to attract the attention of mainstream scientists. The National Institute of Health is sufficiently intrigued to have spent several million dollars testing ibogaines addiction-fighting properties. Researchers at Albany Medical College are working to synthesize ibogaines active ingredients. Promising research is under way at the University of California at San Francisco. And a professor of neurology at the University of Miami has treated nearly 300 people at an offshore clinic over the last few years, with what she claims is a high success rate. So far, however, there is no conclusive proof that ibogaine does what its proponents claim. Moreover, it has been linked to long-term brain damage, and at least two people have died during ibogaine treatment. That, however, has not slowed the growth of a flourishing underground ibogainetreatment network. In the United States, ibogaine is as illegal as heroin, but not in Europe, where several clinics offering ibogaine treatment opened during the 1990s. Now, the North American market is starting to take off; in the last two years, clinics have opened just across the US border in Vancouver, Canada and Rosarito, Mexico. The Mexican clinic, an hour south of San Diego, charges up to several thousand dollars for a few days treatment and claims to have taken in nearly 200 addicts in its first 18 months of operation. Is ibogaine a dangerous false hope being peddled to desperate addicts, or might it really be a help to the intractably addicted? I think finding out would make for a great story. I met several of the leading ibogaine researchers at a recent conference in San Francisco, and they would be happy to cooperate. I also visited the Vancouver clinic in September, and have been invited to witness a patients entire multi-day course of hallucinogenic therapy. That, I think, could make for a great narrative to build a feature around. Im an award-winning magazine writer specializing in criminal justice issues. My work has appeared in The Los Angeles Times Magazine, Rolling Stone, The Village Voice and many other publications. I would be happy to discuss this idea further with you at your convenience. Thanks very much for your time. I look forward to hearing from you soon.

Breaking into Freelancing - a mediabistro.com get smart(er) seminar

Sample Pitch 2: Front-of-Book shorts for Wired Dear Really Busy Editor, Im an award winning magazine writer with a few ideas for your Start section: Show Me Your Antibodies: Move over, DNA - antibodies may become the identifier of choice for law enforcement. Turns out everyone's virus- fighting antibodies are unique; a federal research lab has developed a method to extract and read them from blood or saliva more quickly and cheaply than a DNA test can be done. A Georgia startup is slated to bring the test to market next year. RFIDs Behind Bars: Minnesota this year became the latest of several states to start using RFID chips to track prisoners. The gadgets let guards keep track of who's where - and who was where during riots and brawls - and can let them keep rival gang members away from each other. Seeing Sleepy Drivers: Volvo is looking into a system that detects when a driver is tired or distracted and warns them to wake up. A dash- mounted camera feeds images of the driver's face to an onboard computer unit that analyzes head position and rotation, eye movements and eyelid behavior. Im a Los Angeles-based journalist whose work has appeared in The Los Angeles Times Magazine, Rolling Stone, The Village Voice and many other publications. I look forward to hearing what you think.

Breaking into Freelancing - a mediabistro.com get smart(er) seminar

Mechanics Check the pitch over carefully for typos, spelling errors etc. before you send it. Remember, youre selling yourself as much as you are the story idea. Keep queries to one page max. Include two or three of your most relevant/impressive clips stuff thats similar in format and/or subject matter. If youre pitching a major piece and your resume will help sell you, include it. Otherwise dont bother. Send the whole packet to someone specific. Get recommendations from friends or other people who have written for that publication, or at least check the masthead and send your pitch to the one or two editors who seem most relevant. And for Gods sake, make sure you spell their names right.

Follow- up Wait at least a week, more like two before you call a magazine editor about a pitch. Follow up by phone first. If you havent heard back after a week or so, try an email. Then wait some more, and repeat. If two calls and two emails go unreturned over 6-8 weeks, give up. When calling, always be ready to talk. Review the pitch before you call, and have it in front of you. If you get an assistant, be nice. Get his/her name. These people are the gatekeepers. Be flexible: be prepared to do the story shorter, sooner, from a different angle Be prepared to never hear back, and dont take it personally if you dont. Any sizeable publication gets a deluge of pitches every day. Many just get lost in the shuffle. If your first publication turns you down, think about recasting the pitch from a different angles to different publications. 3. The Article -give them what you agreed to: file on time and at the right word length -expect rewriting -dont be surprised if they ask for more reporting; no, you wont get paid extra -expect delays -stay on top of the story: know if something changes - be prepared for factchecking Moving up - Start climbing the ladder of clips: use each set as stepping stone upward -make easy-to-read, nice looking copies to send out Build, maintain and constantly expand your network o Be nice to everyone; todays factchecker is tomorrows assigning editor o Shmooze: go to conferences, mediabistro type mixers, etc. o LinkedIn.com o Get in-person meetings, and be prepared for them
Breaking into Freelancing - a mediabistro.com get smart(er) seminar

o Stay in touch, but don't be a pest o Take heart! It's tough even at the top. Read the travails of a New Yorker freelancer: http://www.danbaum.com/Nine_Lives/New_Yorker_tweets.html Getting Paid Get a contract, if the piece is for anything more than a few hundred dollars, with kill fee and rights spelled out. Kill fee should be at least 25%. Avoid signing away anything beyond first North American publishing rights. Contract resources: http://www.asja.org http://www.nwu.org

Ask for more on your second assignment. Expenses: make sure the publication will cover story-related expenses travel, phone calls, etc. Keep receipts, and dont forget to send them in. Send an invoice, even if they say you dont need to. Tax breaks: everything you arent reimbursed for can be deducted from your taxes as a business expense - computer, Internet service provider, office supplies, etc. If you work from home, you can also deduct the portion of your rent that corresponds to the size of the space you work in. NOTE: Check your 1099 at years end to see whether theyve listed expenses as taxable pay. Resales and reprints: Sell straight reprints through syndication services like Featurewell.com. Also, if your contract permits, try reworking the story and selling it elsewhere.

4. Bonus info: Free Stuff for Freelancers Free magazine and newspaper archives: o the public library. http://www.lapl.org/index.html o Also, http://www.ibiblio.org/slanews/internet/archives.html. Free books: if theres a recent book on your topic, call the publishers publicity department. Theyll almost always send you free copies of recent books if you say you need them for research. Free Wireless Internet: http://ilovefreewifi.com/, http://forbes.anchorfree.com/ Free business cards: www.vistaprint.com Free fax numbers: www.efax.com

Free website : Free website : Your Internet service provider may give you one. Also, www.freewebs.com, or http://www.google.com/sites/help/intl/en/overview.html. At least get yourself a Facebook or MySpace profile.

Breaking into Freelancing - a mediabistro.com get smart(er) seminar

ADVICE FROM ASJA: RIGHTS 101: What Writers Should Know About All-Rights and WorkMade-For-Hire Contracts A position paper from the American Society of Journalists and Authors prepared by the ASJA Contracts Committee - April 29, 2003 "All rights" and work made for hire" these contract terms sound simple enough. But what does it really mean when writers sign contracts containing them? Bottom line: in most cases, work-made-forhire and all-rights contracts are a rotten deal for writers. If publishers want additional rights beyond first print rights -- exclusive or non-exclusive -- they should pay for them. If publishers want all rights, they should pay a substantial premium or be willing to share with the author any additional income they get from sublicensing. Writers offered all rights or work-for-hire contracts in any form should ask that contract terms be modified to make them more acceptable. They should demand a substantial compensatory premium whenever waiving control of subsidiary rights. The terms publishers offer often confuse writers. Heres a primer on the difference between first North American serial rights, all rights, non-exclusive [all] rights and work-made-for-hire and their practical implications for writers. FIRST NORTH AMERICAN SERIAL RIGHTS As recently as the mid -1980s, most periodical publishers sought only "first North American serial rights" (FNASR) from the writer. Under a FNASR contract, the publisher licenses a one-time right to publish the article first in the North American market. The author retains all other rights to his work, including the right to re-license its use as a reprint ("second serial rights"), to publish it in foreign markets, to license a movie or product spin-off, and so on. Recently, however, publishers have begun asking for more rights (usually for the same amount of money). "ALL RIGHTS" CONTRACTS When a writer signs over "all rights" to his literary work, he is essentially conveying the entire bundle of rights that makes up his copyright plus any common law rights he may have in the work. Whether the writer has effectively transferred his "copyright" is open to debate and may depend on the contract's actual wording. But clearly the ESSENCE of his copyright -- the bundle of rights copyright represents -- is gone.) By conveying away "all rights," the writer gives up the right to re-license his work to a reprint magazine, foreign periodical, electronic database, anthology, or business publication, for example, or to re-use the work in a future book. For many writers, subsidiary rights like these represent a considerable annual source of revenue. The Internet, where content is king, has also substantially expanded resale possibilities. Signing an "all-rights" contract (or its equivalent) hands that income over to the publisher. "NON-EXCLUSIVE RIGHTS" AND OTHER VARIATIONS ON THE ALL-RIGHTS THEME Although less blatant as a rights-grab than all rights contracts, "first right to publish" or "nonexclusive" agreements can achieve virtually the same result for publishers via the back door. These agreements often begin with a benign-sounding FNASR clause and then tack on extremely broad (though "non-exclusive") rights to use a writer's work in perpetuity in various media. The writer may still technically own the property, but the publisher may continue to re-use the work whenever it wishes -- for no additional fee.
Breaking into Freelancing - a mediabistro.com get smart(er) seminar

Granting "non-exclusive rights" to a publisher may sound less onerous to a writer than signing an allrights or WMFH agreement, but the apparent safeguard may be deceptive. These non-exclusive rights clauses may also allow publishers to profit from the work through their own network of sister publications, syndication contacts, and resale markets without sharing that income with the author. The loss of potential income can be substantial. Think about the size of the potential market among corporate purchasers, for example. (How would you feel if Microsoft buys 10,000 reprints?) How would you feel if the article for which you sold all rights later becomes a film? (Think Saturday Night Fever.) And if you plan to include your article "Why Eating Chocolate Makes You Live Longer" in your book Surprising Foods That Keep You Healthy, do you want your article to become part of a competitive nutrition book the magazine throws together? WORK-MADE-FOR-HIRE As if all-rights contracts weren't onerous enough, work made for hire (WMFH) contracts have been jokingly called all-rights contracts on steroids. But WMFH (sometimes called work for hire) is no laughing matter. The term owes its existence to a lengthy definition in the Copyright Act (17 U.S.C. Sec. 101 and 201(b)). Under this definition, as one might expect, writings produced by an employee in the scope of his or her employment belong to the employer. In addition to employee-created works, certain works produced by independent contractors may also be WMFH if the parties expressly agree in a written instrument that the works are work made for hire. But not all types of work by independent contractors will qualify. The work must be "specially ordered or commissioned" as: a contribution to a collective work, a part of a motion picture or other audiovisual work, a translation, a supplementary work [to another authors work, such as a foreword, chart, or table], a compilation, an instructional text, a test, answer material for a test, or an atlas.

(A tenth category, "a sound recording," was briefly added and then quickly removed from the statute after intensive lobbying by recording artists.) There's a big payoff here for publishers: When a work made for hire agreement is entered into for a work in one of these nine "magic" categories, the company or individual COMMISSIONING the work (and not the independent contractor) is deemed to be the creator of the work -- and is entitled to copyright protection from the moment the work is created. (But remember: just because a work falls into a qualifying category doesnt mean a writer must agree to write it as WMFH). In many ways, "all rights" contracts and WMFH agreements are roughly equivalent: both cede a broad array of important rights, and both can deprive writers of valuable sources of income. But there are some differences between the terms. Sure, you wrote that article or textbook. But if you've signed a valid WMFH agreement, you're not its legal "author." From the instant of its creation, the employer or publisher who commissioned the work is considered its creator. You won't be able to resell the work in other markets -- and won't be entitled
Breaking into Freelancing - a mediabistro.com get smart(er) seminar

to benefit if the publisher resells it. You can't syndicate the material or even put it on your own web site without the publisher's permission. A WMFH deal thus relegates the writer to the status of an employee, minus the usual "perks" of employment such as health insurance, Social Security contributions, retirement plans, and paid vacations. (And to ensure they reap all the benefits without any of the costs, some publishers underscore the freelance writer's status as an independent contractor, with language such as: "The writer is an independent contractor and nothing contained herein shall create or be construed as creating any other relationship between the parties.") WMFH agreements must be in writing and signed by both parties. But despite the apparent clarity of the statutory list of nine categories, determining whether a particular work can actually be the subject of a work-made-for-hire agreement is sometimes difficult, and the answer may not be clear-cut. Photographs or paintings, for example -- neither of which is expressly mentioned -- are often commissioned as WMFH under the (arguable) assumption that they qualify as part of such collective works as newspapers, magazines, company catalogues, advertising materials, and annual reports. Software is also not expressly mentioned but some regard it as a collective work for which WMFH treatment is available. In general, determining whether a commissioned work is eligible for WMFH treatment will require considering both the nature of the work and the context of its intended use. Even when a work clearly fits one of the nine statutory categories, WMFH treatment is not possible unless the work was "specially ordered or commissioned." In other words, a WMFH agreement cannot cover pre-existing work. (Court decisions have been divided about whether the WMFH agreement must actually be reduced to writing before the work is completed. One Circuit Court accepted as sufficient a post-creation written agreement confirming an earlier oral or implied WMFH agreement. But other federal courts have required that the written agreement precede creation of the work.) IF YOU'VE SIGNED A "WMFH" CONTRACT FOR A WORK THAT "CAN'T" BE WMFH, IS YOUR CONTRACT VALID? What about books and other works that do not appear on the laundry list of categories? If you've signed a WMFH contract to create such apparently non-qualifying work, is it valid? This is a difficult question to answer. Be cautious before dismissing a contract as "void" or "unenforceable." Remember that several of the statutory categories are broadly defined. Ultimately, a contracts validity is something that a court must determine, and courts often stretch to enforce the parties' underlying intent even where a contract contains some technical defect. Circumstances and contract language vary widely, so we urge writers facing this problem to speak with a good copyright attorney for legal advice. Be aware, too, that many publishing contracts now contain what lawyers call belt-and-suspenders language. To cover the possibility that WMFH status may not be upheld by a court, many book and magazine publishers now routinely include a back-up "all-rights" clause as well, such as: "If a court determines that this agreement does not provide for the creation of a work made for hire, then you agree to give [the Publisher] exclusive publication rights in and to your work, as well as the exclusive rights...including electronic rights, including any derivative works created therefrom, in any manner or medium throughout the world in perpetuity without additional compensation." Under contracts with such "belt-and-suspenders" language, the writer may well be deemed to have transferred all rights, even if WMFH treatment does not apply. DIFFERENCES BETWEEN "ALL RIGHTS" AND WMFH: COPYRIGHT TERM AND REVERSIONS
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Similar as "all rights" and WMFH may sound in their dismal practical effects on the writer, there are other distinctions between them, involving copyright term and the right to a reversion. Let's begin with the differences in copyright terms: For most works created after January 1, 1978, copyright protection extends for the author's lifetime plus 70 years. For works made for hire, however (where a business entity is often deemed the "author"), tying the term to a human lifespan is not practical. So instead the Copyright Act calculates the copyright term for a WMFH creation by a different formula: 95 years from the date the WMFH work is first published, or 120 years from the work's creation, whichever is shorter. 17 USC Sec. 302(c) There are also differences in what are known as "reversionary rights." Copyright law allows an author who transfers his copyright to unilaterally terminate that transfer between the 35th and 40th year following the agreement. (Section 203 of the Copyright Act spells out the steps that must be taken to exercise this termination right). Arguably, this provides potential recourse for a writer who sold "all rights" in a work that later becomes a long-term bestseller. (We say "arguably" because the writer would still have to prove that his "all rights" contract constituted a "copyright transfer" for purposes of the reversion statute -- a point the publisher might contest.) WMFH agreements, on the other hand, "are forever"; the writer has no such reversionary right that might allow him to terminate the transfer and recover copyright -- in fact, under the work made for hire statute, he never had a copyright in the work to begin with. If your work turns out to be exceptionally profitable or marketable many years down the line, a right to recover the copyright MAY indeed prove valu able. Another important reason to avoid WMFH agreements. THE RECENT ESCALATING RIGHTS BATTLE Until recently, most knowledgeable freelance journalists have typically refused to sign work-madefor-hire (WMFH) or all-rights contracts, except for a few situ ations where potential re-use of material was limited (technical publications, trade magazines, and some corporate writing applications, for example). The consensus was that publishers who demanded such inequitable terms would lose the services of high-level professional writers and would be forced to rely on less capable contributors. By the mid -1990s, newspaper and magazine publishers started getting more sophisticated about rights -- and grabbier. Many adopted a two-contracts gambit, initially sending an onerous all-rights contract but keeping a more writer-friendly FNASR version waiting in the wings for writers knowledgeable enough to demand it. With the advent of the Internet, rights struggles took on both new meaning and new intensity. Publishers were quick to discover that Internet content had value -- and slow to offer to pay writers an extra fee for using their material in this new medium (despite happily charging advertisers separately for print and Web advertising). Some publishers tried to claim that FNASR print contracts gave them the right to reproduce the same content on the web and in electronic databases. In June 2001, the U.S. Supreme Court -- in a landmark victory for writers -- held otherwise. The Court in Tasini v. New York Times et al. found that publishers exceeded their print rights and infringed freelancers copyrights by posting articles in electronic databases. Decisive though it was as a victory for freelancers, the Tasini case was just the first skirmish in a rapidly escalating rights war. To preempt future Tasini-like claims, publishers simply demanded even more rights from writers right up front -- and not just electronic rights. An increasing number of
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publishers now refuse to work with writers unless they sign away all rig hts or agree to WMFH contracts (even when the work may not fit the statutory definition of WMFH). Some contracts even demand rights to use the material in "any media that may be invented in the future, anywhere in the universe." Today, the once-standard FNASR contract is looking more and more like an endangered species. Given the current publishing climate, demands for WMFH, "all rights," and similar contract terms can be expected to proliferate. Music composers, photographers, graphic artists, writers, and other creators and independent contractors have mounted vigorous opposition to excessive rights demands. Writers must take a similar stand and must educate themselves about what such contract terms really mean. SHOULD YOU SIGN? POSSIBLE RESPONSES Like many other writers' organizations, ASJA has long taken a firm stance against most WMFH or allrights agreements, especially for independent journalism. ASJA reiterates its fundamental opposition to all-rights and WMFH contracts where such contracts seek to separate writers from the fruits of their creations without appropriate compensation. Publishers' attempts to obtain all rights retroactively (especially without additional payment) are particularly contemptible. In only a very few situations do we acknowledge that such arrangements may be acceptable: a book written to order as a promotional vehicle for a company and/or its products, for example (works in which the publisher has a distinct proprietary interest and we express no opinion here about whether such materials would meet the statutory test for WMFH.) or certain kinds of corporate writing (such as technical and users manuals, corporate press releases, or marketing materials, when the writer can foresee little or no potential re-use for the material). But norms vary even for corporate work. Some creative firms and agencies routinely retain rights to material created for clients, for example -- and derive significant ongoing revenue by licensing re-use of the material by the client. Besides money, what else do you stand to lose? All-rights and WMFH contracts also put decisions about where an article will (and won't) appear beyond a writer's control. One ASJA member who accepted WMFH contracts at a now-defunct consumer magazine, for example, unhappily discovered her articles on multiple web sites. Another member found his article gracing a porno site. Still another writer, eager for a prestigious clip from a large women's magazine, accepted an all-rights agreement and later was refused permission to post her own article as a writing sample on her personal web site. A bad thing for the writers involved? Sure. But signing away their rights left these writers with little recourse. When you are presented with a publishing contract that includes an all-rights or work-made-for-hire clause, here are several possible responses: (1) OFFER FIRST NORTH AMERICAN SERIAL RIGHTS (FNASR) CONTRACT TERMS INSTEAD. Point out that most major writers' organizations strongly oppose all-rights contracts as unfair to writers and condemn attempts to coerce writers into accepting such terms as a condition of assignment, payment, or publication. Request a simple FNASR contract instead. (And watch out for attempts to tack on additional "non-exclusive" rights.) (2) NEGOTIATE ADDITIONAL PAYMENT FOR ADDITIONAL USES. If a publisher insists that it needs more than one-time use in print (FNASR), ask that it specify what rights the publication TRULY needs. If the publisher plans to post the article on its web site, for example, acknowledge that the Tasini decision made publishers more anxious to nail down electronic rights, and offer to separately negotiate electronic rights for an additional fee. (For example, one writer who makes a substantial yearly income selling web rights to his out-of-print books makes a distinction between
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readable rights and downloadable rights. He licenses these rights separately, charging a yearly fee, granting rights for 3 years at a time, and getting his payment up front.) If the publisher anticipates possible reprint, syndication, and/or other reuses in the future, offer to negotiate rights for such re-uses when and if re-use needs arise, or specify in advance the additional fees payable for each specific re-use of the material. (3) PUT A TIME LIMIT ON RIGHTS. Instead of a WMFH or blanket all-rights contract, suggest a LIMITED all-rights contract, with rights reverting to the author at the end of an agreed-upon period. (Syndication agreements, for example, customarily specify a one-year term.) (4) DEMAND HIGHER PAYMENT. None of the previous suggestions has worked, but you're not quite ready to walk away from the bargaining table? If a publisher's desire for WMFH or all-rights terms is truly non-negotiable, demand substantially better compensation. Remind the publisher that freelance arrangements save them the commitment and expense of ongoing employee salaries, benefits, office space and equipment -- costs that freelancers must cover for themselves. "Reasonable" remuneration under an all-rights contract or its equivalent should not only compensate the writer for his current effort and loss of future income from the (often significant) lost potential for future income from the work, but should also reflect the risks and overhead the writer bears as part of his freelance status. ASJA encourages all writers who feel they are signing away rights under duress to keep a paper trail, documenting their attempts to negotiate more favorable terms and the publisher's responses. Contracts Committee American Society of Journalists & Authors The American Society of Journalists and Authors encourages reproduction and distribution of this document for the benefit of freelance writers, but please credit ASJA for the information and do not change the content.

A MODEL CONTRACT FROM THE NATIONAL WRITERS UNION Contract between (Writer) _______________ and (Publisher) __________________________: 1. The Writer agrees to prepare an Article of ______ words on the subject of ________________: for delivery on or before ____________ (date). The Writer also agrees to provide one revision of the Article. 2. The Publisher agrees to pay the Writer a fee of $_______ within thirty (30) days of initial receipt of the Article as assigned above. (In other words, an original and coherent manuscript of approximately the above word count on the subject assigned, and for which appropriate research was completed.) 3. The Publisher agrees that the above fee purchases one-time North American hard-copy print publication rights only. All other rights, including the electronic reproduction, transmission, display, performance or distribution of the Article, are fully reserved by the Writer. 4. The Publisher agrees to reimburse the Writer for all previously agreed-upon and documented expenses within fifteen (15) days of submission of receipts.

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5. The Publisher agrees to make every reasonable effort to make available to the Writer, the final, edited version of the Article while there is still time to make changes. In the event of a disagreement over the final form of the Article, the Writer reserves the right to withdraw his/her name from the Article without prejudicing the agreed-upon fee. 6. The Writer guarantees that the Article will not contain material that is consciously libelous or defamatory. In return, the Publisher agrees to provide and pay for counsel to defend the Writer in any litigation arising as a result of the Article. 7. In the event of a dispute between the Writer and the Publisher that cannot be resolved through the National Writers Union (NWU) grievance process, the Writer will have the option of seeking to resolve the matter by arbitration, or in court. If arbitration is chosen, the Writer may be represented by the NWU in any procedures before the arbitrator. The arbitrator's fees shall be shared fifty percent (50%) by the Publisher and fifty percent (50%) by the Writer. Any decision reached by the arbitrator may be appealed pursuant to applicable law. _________________ Writer or Writer's Representative _________________ Date: ____________________________ Publisher's Representative _________________ Date:

Copyright & copy; 1996-1998 by National Writers Union.

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