Free-lance Contract

**"* H* <g*@charter.net>**

This post is from Dan Clost, who is having trouble posting to the listserv.  Please answer via the list (Dan is able to receive GWL posts) or to him directly.  His email address is dan.clost@sympatico.ca
Doreen
-------------------------
Hi Folks,

I'm involved in negotiating (actually making a decision to sign or not) a 
free-lance contract with a small newspaper chain. I have been writing for them for several years now, based on a handshake deal. We have new ownership.
They have been very open during these discussions- in that we've been doing 
this on line with all parties being represented; all parties include the 
other journalists and columnists with works, including photographs, running 
in those papers, and the editor.  So far, it appears the 
journalists/reporters are okay with it but some of the columnists are a 
titch wary.

The company prints 4 regional editions, all appearing at the same time with 
the name modified to reflect each region. The content is essentially the 
same, the primary difference being the advertisements. E.g, the southern 
edition might have Jonesville Auto sales and the northern run might have 
Brownstown Auto Sales.

One of my questions has to do with "syndication" if that's the correct usage 
here. For example, if I agree to sell my column  for $x and they print it in 
one edition, all is good.  However, when they run the column in 2, 3 or all 
4 editions does that change things? Is $x proper or should it be $2x, $3x, 
etc.?

But...here's the actual clause that is causing me concern:
    In consideration of the Fee, the Freelancer grants to (Printing Company 
Name) the non-exclusive right to edit, use, modify and publish the work 
product, namely the writings, photographs, video recordings and/or 
illustrations, supplied under this Agreement, in all properties related, 
affiliated or associated with (Printing Company Name), including newspapers, 
websites, digital media, and specialty publications.  Nothing shall obligate 
(Printing Company Name)to use or publish the work product in any manner. The 
Freelancer provides (Printing Company Name)with the right to archive and 
store the work product in any medium for perpetuity. (Printing Company Name) 
acknowledges that the Freelancer retains the copyright to his/her work 
product.

Is this wording familiar to most of you? Is it standard? Is it scary?

My original "hand-shake" contract specifically said "first rights". This one 
uses "non-exclusive" rights. Does that mean I can sell them stuff that has 
already been published? Does it mean they really don't care what I do with 
my work as long as they can do whatever they want with it?

I did stop writing for another newspaper when it began publishing my column 
in subsequent editions. When I reminded them of first rights, the columns 
continued to be published but with "as previously published in the_________ 
on 13Oct__" under the Good Earth heading.

I like writing for this paper.  Amongst other reasons, it is local and, even 
though a small fish in a small pond, it gives me notoriety which has 
translated itself into alternate revenue streams such as presentations and 
book sales.

Any advice or comments, on-line or off, would be very much appreciated.

Thanks for your considerations, folks,
Dan
The Good Earth Columnist
Dan Clost's Greenscapes
GWA member 

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