More Writers Losing Their Rights

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I’m back after a long, unexpected break. I got busy and the blog was pushed to the side while I focused on other things. I meant for this post to be a light-hearted look at being a freelance writer, but something I read today erased any feelings of humour I had about freelancing. The issue: the Halifax Herald has come out with a new rights-grabbing contract–no increase in pay to compensate for the loss of rights, of course–and the deadline for writers to sign it has now passed.

I’ll give the details here, but I encourage everyone to read the full account at a blog about the freelancers’ ordeals, called HoweNow. Meanwhile, a post by Silver David Cameron, writer for the Herald, can be found at The Green Interview. Please read it, as well. The comparison he makes between the rights-grabbing contract and selling apples is brilliant. Although I don’t know his writing well, after reading this post I’d imagine readers of the Herald will dearly miss his columns.

In a nutshell, the Herald has reportedly demanded that its freelance writers sign a contract that takes all their rights, allows the Herald to modify the work in any way they see fit, allows the Herald to reassign the rights without restriction, prevents writers from discussing their financial dealings with the Herald with anyone other than lawyers and accountants, and allows the Herald to decide not to publish the work but prevents the writer from withdrawing the work or publishing it elsewhere, even if the Herald does not publish it.

According to HoweNow, the Herald agreed to change the contract somewhat, but refused to change clauses involving rights. The blog notes that the Canadian Freelance Union called the Herald’s contract the “worst contract in Canada.”

Essentially, the Herald gets more from the writers, in terms of free content, but doesn’t have to pay them more money. And the attitude is one of “we’re a business, we have to survive.” Apparently, newspapers have to survive, freelance writers don’t. The situation is sickening, and even more so because so many publications are turning to this sort of rights-grabbing contract.

According to the Professional Writers’ Association of Canada (PWAC), writers have not seen a substantial increase in the per-word pay for articles since the 1970s. It’s one of the sad facts of being a freelance writer. How we get around that is by taking articles we’ve written and repackaging them for other markets.

For example: You could write an article about a new local hotel that uses only environmentally friendly products and publish that in a local newspaper. You could then take that article, use the same interviews but rewrite the story as a travel article for a newspaper in a city on the other side of the country. There’s nothing wrong with that. It’s a way to take work already done (usually for a pittance) and make extra money.

But with rights-grabbing contracts, writers no longer have the ability to do that. Publishers say it’s because they “aren’t running a charity.” Apparently, freelance writers are running charities. I had no idea–I should have applied for charity status a long time ago.

This is terrible for freelance writers, but it also affects the public. Because really, what these publishers are saying is that their readers aren’t worth the cost of experienced, knowledgeable writers. They’re saying it isn’t worth it to them to ensure that readers continue to read the same writers they’ve come to know and love over the years.

To the publishers, nothing is worth it. The writers aren’t worth the money and the readers aren’t worth the cost. I’m sure the publishers won’t have any trouble finding writers to sign the new contracts. They’ll find younger writers who don’t really understand the contract or who just want to get their foot in the door. And the new writers aren’t bad people–they just don’t understand that the contracts they’re signing are helping to devalue the writing profession as a whole.

But what makes me so angry is that writers are portrayed as not being “team players” because they want to protect their rights and their futures. Somehow, everyone else is allowed to want to make money, except for writers. Apparently, when we agreed to become freelance writers, we agreed to live like the monks who’ve taken a vow of poverty.

I wonder how many of these higher ups at newspapers and magazines have agreed to take a salary decrease to ensure their newspaper survives.

To read more about writing contracts, visit Bad Writing Contracts. Meanwhile, if you want to tell the Herald what you think of how they treat freelancers, you can do so at their Facebook page (thank heavens for social media). You have to “Like” the page first, but then feel free to leave your comments.

Signs You Should Walk Away From a Contract

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One of the reasons many people get into freelance writing is to be their own boss. This gives them a certain amount of freedom in their work. Some people go into freelance writing believing that it is easier to walk away from a bad client than it is to walk away from a bad boss. In theory, this is true. A bad boss, you’re stuck with unless you quit your job. But, if you have a bad client you can drop him and find a new one.

Unfortunately, for a lot of writers it’s not that easy. Fear of finding new clients, concern about the loss of income or a desire to see a job all the way through may prevent them from leaving a client they don’t want to deal with.

Sometimes, the problem isn’t so much the client as it is the work requested. Maybe the project isn’t all that interesting, is incredibly time-consuming or is much more difficult than initially expected.

The problem with bad clients (or bad jobs) is they can make your life miserable and the truth is, you didn’t get into get into freelance writing to be stuck with bad jobs. You got into it so you could pick and choose your jobs. Knowing when to walk away from a contract (or to not continue a business relationship once a contract is finished) can go a long way to helping you be a happy freelancer.

Signs You Should Probably Walk Away from a Client or Contract

1. There have been problems getting paid by this client.

A little late once in a while is one thing (if you can stand that), months late with no explanation or interest attached to the pay is a bad sign. Another bad sign is if the client indicates any company cash flow problems. That’s a definite warning sign that you might not get paid for your work.

2. The thought of dealing with the client makes you feel sick.

It’s not worth it if you can’t stand the client.

3. You dread working on the project or you put it off until the last minute, hoping it’ll go away.

You should enjoy the work you do. It doesn’t all have to be rainbows and puppy dogs and happiness, but if you detest the project, you’re going to be miserable. Again, not the reason you became a freelancer.

4. The pay isn’t worth it.

5. The client expects you to do a lot of extra work without extra pay.

This includes spec work, where you do the work up front and then the client decides whether or not to hire you. In fact, if a potential client wants a lot of spec work, that’s a good sign to walk away. The potential client shouldn’t expect you to do work for free on the chance that he’ll become a paying client.

6. The client says anything that sounds like, “This work will be great experience for you” as a reason to pay you very little.

Similar phrases include “This will be great exposure for you,” and “I can’t afford a lot, but I’ll make sure to promote your work.” Translation: “I’m doing you a favour by hiring you for this project and to thank me, you should charge me very little.”

7. The client suddenly changes the terms of the contract or the work you’re hired to do without explanation or discussion.

This is a sign the client might try to get away with not paying you what was agreed in the contract or is trying to get more work out of you without extra pay. Any changes to the contract or the work included in the contract should be agreed to by both parties. Attempts to unilaterally change the agreement could be the start of trouble.

8. You have a bad feeling.

Trust your gut. If you have a bad feeling about a client or contract, listen to it. You’re probably right and continuing to work with the client could result in a lot of trouble.

For many writers, the decision to walk away from a contract is agonizing at best. To make it easier, decide what you will and won’t put up with and stick to that. When your client reaches the limit of what you’ll put up with, walk away. Then, make a mental note about what went wrong so you can avoid similar situations in the future.

How to go about leaving a contract is another thing. We’ll deal that with in a different post.

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