Freelance briefing paper
Have you received a letter from a publisher
like the one reproduced below? If so. this briefing gives suggested responses
depending on your particular circumstances and arrangements.
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From: Group Executive Editor
To: All Freelance Contributors
I am writing to you as a valued contributor to advise you of our
respective rights when we commission work from you. In common
with other national newspapers in the UK, these are our terms and
conditions:
- You will retain your copyright.
- The <publisher> has the world-wide right to use your work in any
publication or service that we own or control, and in whatever
media, eg CD Rom, newspapers, on-line etc.
- The <publisher> may syndicate your work by any means and in
any form and allow others to authorise scanning / photocopying
of cuttings.
- In those cases where your work is syndicated as an individual
piece of work, you will be paid 50% of the identifiable sum
attributed to the syndication.
- Our respective rights will last indefinitely.
Group Executive Editor
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Freelance copyright is under threat yet again. The letters from
publishers are becoming more crafty because they begin with
the words "You will retain your copyright".
In fact, the licence you would give if you
agreed to these letters is giving away your copyright in
all but name. These "punitive licences" take
worldwide rights indefinitely, for all uses.
Licences of this kind are now issued by many
publications, possibly as a way of trying to trap
unwary freelances with the first sentence: "You
will keep your copyright".
The 50 per cent for an individual piece of
work is the old "spot sales" system which has
traditionally been paid by all newspapers.
It is important not to sign up to these terms.
Suggested responses are set out below.
It is important to retain meaningful copyright
of your work. Only by doing this will you be
paid should your work be republished.
Please read this leaflet carefully and, if
necessary, use the suggested letters.
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1 |
Dear Managing Editor
Thank you for your letter informing me of
your copyright terms. Unfortunately, I
cannot agree to the terms as they would
appear to prevent me from re-using my
work - for all time.
If you wish to discuss this with me further, I
will be happy to do so
Yours sincerely
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No freelance who sent this response to
similar letters from Associated Newspapers last summer
received any further communication.
If you were contacted you should point out that the
licence required ties up your work indefinitely for the
whole world in all media - and that is unreasonable.
The NUJ's Battling for Copyright book
(sent out to all freelance members) will give you further thoughts for the way you
want to conduct your affairs and your arguments. Depending on your circumstances,
you may want to reply:
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Dear Managing Editor
Thank you for your letter informing me of
your copyright terms. Unfortunately, I cannot
agree to these terms as they would appear to
prevent me from re-using my work for all time.
As you may be aware, the department of
Trade and Industry has set out a policy
encouraging creators to become individual
traders in a global marketplace. The
conditions you set out in your letter would
effectively prevent me from trading.
If you wish to discuss this with me further, I
will be happy to do so.
Yours sincerely
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Dear Managing Editor
Thank you for your letter informing me of your
copyright terms. Unfortunately, I cannot agree
to these as I already syndicate my own material.
If you wish to discuss this with me further, l will
be happy to do so
Yours sincerely
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4 |
Dear Managing Editor
Thank you for your letter informing me of your
copyright terms. Unfortunately, I cannot agree
to these as I already have an agent who syndicates
my work for me.
If you wish to discuss this with me further, l will
be happy to do so.
Yours sincerely
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If you receive a letter like the one above, the
Union strongly recommends that you reply immediately.
Publishers very often regard silence as acceptance of their unfair
terms.
Should you need any further advice or have information to share
with other freelances please contact the
NUJ Freelance Office
or, if you are in Ireland, the
NUJ Dublin office.
Or, you could contact the Chair of the
NUJ Freelance Industrial Council.
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