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September 30, 2009: Press Release: Canadian Writers Unite in Opposition to Transcontinental Media
FOR IMMEDIATE RELEASE
Canadian Writers Unite in Opposition to Transcontinental Media
(Toronto - September 30, 2009) In an unprecedented coalition, more than a dozen Canadian writers' organizations are calling on the thousands of writers they represent to not write for any publications owned by Transcontinental Media, effective immediately. This act of protest is directed at the company's new contract for freelance contributors, which these groups, including the Professional Writers Association of Canada and the Canadian Writers Group, believe to be abusive of writers' rights.
Earlier this summer, Transcontinental Media began sending a new freelance contract - which it calls a "Master Author Agreement" - to the many writers who contribute to its stable of publications, including Canadian Living, More, Elle Canada, Homemakers, and Vancouver Magazine. When this Master Author Agreement was unveiled, respected magazine industry consultant D.B. Scott referred to it as a "take it or leave it" rights grab that, "in effect, indentures the writer and their work to Transcon."
In mid-June, Derek Finkle, of the Canadian Writers Group, and David Johnston, executive director of the Professional Writers Association of Canada, sent a letter to Jacqueline Howe, Transcontinental Media's group publisher and vice president for English Canada, requesting a meeting to discuss their concerns about the new Master Author Agreement. This letter was co-signed by many provincial and national organizations, including the following:
- Canadian Freelance Union
- Canadian Writers Group
- The Cooke Agency
- Federation of BC Writers
- Professional Writers Association of Canada
- Quebec Writers Federation
- Westwood Creative Artists
- Writers Alliance of Newfoundland and Labrador
- The Writers' Union of Canada
On July 16, Finkle and Johnston, along with their legal counsel, Iain MacKinnon, met with Howe and Pierre Marcoux, Transcontinental Media's senior vice president of the business and consumer solutions group. Finkle and Johnston raised four primary concerns:
1. Transcontinental's new contract was muddying the copyright waters. The Master Author Agreement grants copyright of each work to the author but then undercuts this copyright by licensing the following extraordinary rights: "The ongoing non-exclusive right to do in respect of the Work any other act that is subject to copyright protection under the Canadian Copyright Act (including, without limitation, the right to produce and reproduce, translate, develop ancillary products, perform in public, adapt and communicate the Work, in any form or medium) as well as to authorize others to do so on behalf of or in association with the Publisher."
2. The agreement is permanent. Once signed, it covers all future work for Transcontinental publications.
3. Transcontinental has no intention of compensating freelancers for the many additional uses of their work. In essence, the company wants to continue paying what it's been paying for decades for basic first publication rights but now get unlimited rights to writers' work.
4. The Master Agreement is one-sided. It makes no mention of payment terms, kill fees, provisions for libel suits, and other important issues that are part of any balanced contributor's agreement.
On September 1, Marcoux stated that Transcontinental does not intend to make any changes to the contract at the present time. This was in spite of the concerns voiced by just about every writers group, association, federation, agency, and union in the country.
As a result, these organizations are making an unprecedented stand against
Transcontinental's Master Author Agreement. This coalition has also now grown to include:
- Anne McDermid &Associates
- Association des journalistes indépendants du Québec
- Canadian Authors Association
- Toronto Writers' Centre
The coalition's campaign to oppose this contract includes the following:
1. A mass communications effort to inform and encourage writers across the country to not write for Transcontinental publications, an effort that will be monitored by the participating organizations and by writers themselves. The coalition will also assist writers in locating alternative markets for their work.
2. A national petition.
3. Lobbying of the federal ministries of industry and heritage. In addition to funding for the magazine industry, these ministries are currently overseeing changes to Canadian copyright law.
4. A multi-platform campaign to make advertisers in Transcontinental publications aware of the company's heavy handed attitude towards an important part of the massive cultural sector.
5. A unique and creative mass effort to implore Transcontinental editors to strive for change within their own company.These actions will be rolled out in the coming weeks to show Transcontinental Media that its publications - and, by extension, its readers and advertisers - will suffer significant consequences by moving forward with this contract.
For more information, contact:
Derek Finkle
Canadian Writers Group
416-469-3333
David Johnston
Executive Director, Professional Writers Association of Canada
416-504-1645
September 28, 2009: Notice of Approval for Heather Robertson vs. Thomson Class Action
A notice approving the settlement of the Heather Robertson vs. Thomson class action suit was published in the Globe and Mail and the National Post over the weekend. The notice details who is eligible to claim and directs potential claimants to a form explaining how to file for compensation.
To read the "Notice of Approval of the Settlement," click here.
To download the "Class Action Claim Form," click here.
Should you choose to opt out of the settlement, you must fill out and submit the "Opt Out Form" at the bottom of the notice before November 2, 2009. If you wish to file a claim, you must do so before January 18, 2010. Heather Robertson's legal representatives will be providing PWAC with a "how-to" guide clarifying the process. PWAC National Office will post this information once we receive it.
There may have been some confusion and concern caused by a post on the Canadian Magazines Blog this morning. In the settlement notice, "written assignment" does not mean a contract or deal memo from an editor, it refers to a written assignment of copyright being required if a claim is being filed someone other than the original creator. You are not required to provide proof of a commission or a copy of your written work.
To read the original post and corrections, click here.
We will provide further information as it becomes available. If you require additional assistance, please contact PWAC Executive Director David Johnston at djohnston@pwac.ca.
September 21, 2009: PWAC Executive Director Meets with Michael Ignatieff
On the evening of Saturday, September 19th, David Johnston, Executive Director of the Professional Writers Association of Canada, had the opportunity to meet and speak with Michael Ignatieff, Leader of the Opposition, at a Liberal Party of Canada fundraising event in Waterloo, Ontario. Mr. Ignatieff was familiar with PWAC and its work advancing the rights and careers of freelance writers in Canada.
"Having worked as a writer for many years, I know what it's like to work without a safety net," said Mr. Ignatieff.
Johnston suggested that extending EI benefits to freelancers and the self-employed is something that PWAC and other arts organizations have been lobbying for. He reminded Mr. Ignatieff that Stephen Harper had proposed such a plan as "revenue neutral" during the last election campaign
Johnston also pointed out that, with there being little likelihood of a fall election, creators would appreciate his party's support in protecting their copyright when amendments to the Act are presented to Parliament during the next sitting.
"It's a question of working towards a fair balance," said Mr. Ignatieff.
Johnston said he felt that the Act needs to acknowledge that if educators and ISP'S are being paid to access writers material that the writers should be compensated for that use.
PWAC will be making sure over the course of the fall session of Parliament and beyond that these and other issues remain part of our country's political debate.
September 19, 2009: Access Copyright's Submission on Fair Use
Below you will find a link to a study commissioned by Access Copyright that
they have submitted to the federal Ministries of Heritage and Culture's
consultations on copyright reform. If you're interested in the
subtleties of Canadian Copyright law this makes very interesting
reading.
PWAC is one of 45 signatories to-date for the submission.
Click here to download the document.
September 10, 2009: The Walrus Receives Substantial Investment to be Directed to Compensating Writers
Courtesy of D. B. Scott's Canadian Magazines blog:
The Slaight Family Foundation has committed $225,000 ($75,000 per year
for three years) to create the Allan Slaight Writers Fund inside the Walrus Foundation to support writers at The Walrus magazine.
While
very pleased with the funding, which will all go to pay writers,
co-publisher Shelley Ambrose cautions that the magazine still has some
way to go in its fundraising -- it spends $400,000 per year on
contributor's fees. But she still characterized the donation as
"fantastic".
PWAC congratulates The Slaight Family Foundation for their generous investment in Canadian writers and The Walrus as the fortunate and deserving recipient.
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