This is a public-interest archive. Personal data is pseudonymized and retained under GDPR Article 89.

Re: Contract dilemma

On 3/26/02 7:07 PM, "Linda Nitchman" <paradisegardener@hotmail.com> wrote:

> Fellow Garden Writers,
> I know from following past discussions that many of you have tons more
> experience than I do with contracts. I'm now faced with the dreaded
> work-made-for-hire contract for my weekly newspaper column (Pulitzer chain).
> Basically, I've been told by a very apologetic editor, "sign it or I can't
> pay you." With no mention of a contract, the newspaper had already accepted
> two columns and published a 'Lifestyles' page on gardening that I wrote.
> 
> The editor says the paper's lawyers insist on the contract because they want
> to use some of the artilces on the internet. He said if I wanted to use the
> materials in a non-competing market there would be no problem, contrary to
> what the contract says. Of course, not having just fallen from the turnip
> wagon, I'm not buying that one.
> 
> I haven't signed the contract. Meantime, the column is running. The
> newspaper has good circulation and I'd really like to continue writing the
> column. Is there any way without selling my soul to the devil?

When asked to sign a "work for hire" contract, I look at the finances.  If
it's a good deal, I say "Sure, whatever."  How many times do we reprint in
toto our books or articles?  Most of it is a one-shot thing, and so why not
do it on a "work for hire" basis if the money is good?  What you should be
dickering with them about is the money, not the "work for hire" provision.
If they want to use your work on the internet, all well and good--but get
enough money from the original sale to cover it.

The point is that resale on articles is very, very rare and a small fraction
of the market.  Want to write about the same subject in a different way for
a different publication?  Most "work for hire" contracts don't prohibit
this.

The wider distribution and recognition your work gets, the more speaking
dates you will get, and that's where the income is--not in writing articles.

I may be all wet, since I have never done a newspaper column, syndicated or
otherwise.  But it seems to me that having your work and name in several
papers on a regular basis is going to be worth a lot more than any possible
resale of what you write.

Bill Shear

============================================================
Find the parts you need at Sears PartsDirect. 
Search from over 4.5 million parts & over 90,000 diagrams 
to help you complete that repair job.  Search now
http://click.topica.com/caaah0sbUrGSSbVSZwBf/Sears
============================================================

GWL has searchable archives at: 
http://www.hort.net/lists/gardenwriters/
If you have photos for GWL, send them to gwlphotos@hort.net and they will show up at  http://www.hort.net/lists/gwlphotos/ 
**************************************************

==^================================================================
This email was sent to: topica.com@spamfodder.com

EASY UNSUBSCRIBE click here: http://topica.com/u/?bUrGSS.bVSZwB
Or send an email to: Gardenwriters-unsubscribe@topica.com

T O P I C A -- Register now to manage your mail!
http://www.topica.com/partner/tag02/register
==^================================================================
Other Mailing lists | Author Index | Date Index | Subject Index | Thread Index