Uneasy about Tasini ruling on paying for electronic use of freelancers' print work? Here's one publishing expert's take.Late last month, the American Society of Journalists and Authors, the Authors Guild, and the National Writers Union announced the filing of a motion for court approval of an $18 million settlement in a class action suit they and 21 freelance writers filed on behalf of thousands of freelance writers whose work appeared in online databases without their consent, according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. ASJA's Contracts Watch (Issue 86). They expect preliminary court approval of the settlement within weeks. "Will vindicate freelance writers" "We are delighted," said Nick Taylor Nick Taylor (born 24 September 1971, in Oldham, United Kingdom) is a professional squash player and squash coach from England. Taylor reached a career-high world ranking of World No. 14 in 2001. He was runner-up at the 2001 British National Squash Championships. , president of the Authors Guild. "This is a substantial settlement, and, if approved, it will vindicate freelance writers who deserve compensation and control for their work in the electronic marketplace. "It proves our contention all along that access and online advertsing revenues shouldn't all go into the pockets of big media, but should be shared with the creators," Taylor said. Gerard Colby, president of the National Writers Union, said that "in its historic 2001 ruling in Tasini vs. New York Times, the New York Times, The Morning daily newspaper, long the U.S. newspaper of record. From its establishment in 1851 it has aimed to avoid sensationalism and to appeal to cultured, intellectual readers. Supreme Court ruled that the principles of copyright apply to online distribution of editorial content, and that articles cannot be distributed in cyberspace without permission of their creators." The Tasini litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. was initiated by the NWU NWU Northwestern University NWU National Writers Union NWU Nebraska Wesleyan University NWU New Worse than Used NWU North-West-Up (Cartesian coordinate system) and funded in part by its parent union, the United Auto Workers The United Auto Workers (UAW), headquartered in Detroit, Michigan, officially the United Automobile, Aerospace & Agricultural Implement Workers of America International Union . The final chapter in a 12-year fight "This monetary settlement is the final chapter in a 12-year fight to right a gross injustice," said Jonathan Tasini, president emeritus of the NWU who was on the settlement negotiating team on behalf of the union. "But, more important, it shows that writers can stand up, fight and win," Tasini said. Publisher responds Publishing consultant Jim O'Shea wrote to a NEPA listserv: "When I was with Bureau of Business Practice, a division of Simon & Schuster Simon & Schuster U.S. publishing company. It was founded in 1924 by Richard L. Simon (1899–1960) and M. Lincoln Schuster (1897–1970), whose initial project, the original crossword-puzzle book, was a best-seller. , long before the Tasini ruling, the company had altered the language in our work-for-hire agreements to include electronic rights and the right to use material in any media, 'whether now known or herein after developed.' "Following the standard work-for-hire language, we included the following 'transfer of rights' language" (see sidebar). Have your lawyer look it over Jim O'Shea continued, "Anyone who is not currently using a work-for-hire agreement that has been reviewed and approved by legal counsel since the Tasini ruling should get their agreements reviewed. NEPA members can take advantage of the legal services legal services n. the work performed by a lawyer for a client. they are offered as members through NEPA's counsel. "If your freelancers are not accustomed to signing away all rights, they might want more for their work in order to do so. We generally raised our rates a bit when we first used this language, but not by a lot. "It did not have a huge impact but offered us pretty much ironclad ironclad, mid-19th-century wooden warship protected from gunfire by iron armor. The success of the ironclad when first employed by the French in the Crimean War sparked a naval armor and armaments race between France and Great Britain. protection against any Tasini-like lawsuits." Jim O'Shea, 7 East Avenue, Norwalk, CT 06360, 860-823-1791, j.oshea@sboglobal.net |
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