Ann Douglas is the author of 28 books, many of which focus on pregnancy and parenting. She is a columnist for Conceive Magazine, Yahoo! Canada, and The Toronto Star's ParentCentral.ca. Her byline has appeared in Chatelaine, Canadian Living, Homemakers, Today's Parent, Canadian Family, Parents Canada, The Globe and Mail, and other publications, both print and online. She refuses to sign the new Transcontinental contract. Here's why.

I feel like Canadian Living has been part of my writing life forever.

Canadian Living was one of the very first magazines to carry my byline.

I've written feature-length and short articles for Canadian Living magazine and its website. I've appeared on Canadian Living Television. And I've been featured as an expert in many articles written by other writers.

Canadian Living was also one of the first publications to rally behind me when I starting writing pregnancy and parenting books. Shortly after The Mother of All Baby Books was published in 2001, Canadian Living named it one of the top ten reference books every Canadian household should own. And, more recently, Canadian Living ran excerpts of Sleep Solutions for Your Baby, Toddler, and Preschooler on its website.

I've been proud to be able to contribute to Canadian Living over the years because the magazine celebrates Canada and Canadians. It has also made a point of welcoming and nurturing new writers. (Every writer is a new writer at some point, after all.)

Recently, I had to turn down my first interview with Canadian Living. It's not because I didn't have a lot to say about the topic. In fact, the interview was on one of my favorite subjects and, because I have been doing a lot of new research in that area, I had a lot of information I was eager to pass along. Nor was I too busy to do the interview. I always make time for Canadian Living because I feel it has a unique place in the hearts and minds of Canadians. I had to turn down the interview because I felt it would be wrong to do it while Canadian Living's parent-company, Transcontinental, is insisting that all Canadian Living writers agree to sign a contract that would erode their traditional rights as freelance magazine writers, and that could set dangerous precedents for the industry.

I hated having to do this, given my long-standing relationship with the magazine and the writers and editors I have come to know and greatly respect at Canadian Living.

I also hate not being able to pitch story ideas to Canadian Living - story ideas that, I feel, would be a great fit for the magazine. I want to tell them about the woman I know who has dedicated her life to a particular cause - and who has proven that there's almost nothing that one woman can't do if she puts her mind to it, including transforming attitudes in her own community. I also want so share some very personal stories about my journey as a mother in recent years. But I can't erode the rights of writers by signing my name to the contract that is currently on offer - a contract that would be binding forevermore.

I hope the powers that be at Transcontinental - the company that owns Canadian Living and many other highly respected Canadian magazines - will decide to do the ethical thing by treating writers as true partners in a mutually beneficial working relationship. This would mean including writers in contract discussions affecting their livelihoods, as opposed to simply announcing contract terms after the fact. Failing to do so ignores the decades-long relationships built up between writers and editors, and the fact that readers also have strong relationships with the writers who contribute to a particular magazine. These facts may not show up on the numbers that are crunched by lawyers and accountants when contracts are drafted, but they ultimately determine which magazines thrive.

As always, the readers will have their final say.

P.S. I just finished ordering magazine subscriptions for family members - a holiday shopping ritual for me. I hope these contract issues will be behind us by this time next year so that I'll be able to give the gift of Canadian Living and other Transcontinental publications next year.

No more More for me.

Let me explain. I started writing for More magazine earlier this year and had a great experience. My editor was terrific and I was looking forward to pitching her again.

The contract I signed gave them first publication rights for 18 months, their right to archive my article in the context of the magazine, and to keep it on their website for two years. Any subsequent publication must be agreed to in writing by me. If the article generated any royalties from a paying electronic archives and/or reprographic processes, 100 percent went to me. I would also receive 50 percent of any royalties from CEDROM through a nonexclusive license (leaving me free to also reproduce through other means). Any other rights not expressly named in the contract remained mine.

The same month that my story was published, I heard that Transcontinental had a new contract. I was shocked to see that all of the rights stipulated in the previous contract had been stripped away, with nothing offered in return, such as a pay increase.

If I signed this new contract, I could kiss goodbye my e-rights, my database royalties, and my right to re-sell. My copyright would not revert to me after 18 months - it was gone forever. There was no mechanism for me to negotiate my own terms of work or to opt out of any of the clauses. Once I signed, the contract would remain in force in perpetuity with no possibility of future renegotiation.  It would cover all work I would ever do in the future, for any of their publications. They could reprint an article I wrote for one of their magazines in any one of their fifty-four other publications, as many times as they wanted, or even sell my article to a third party, all without paying me any additional fees. Besides the loss of copyright, there is no language about the things that tend to keep writers awake at night: payment terms, kill fees, and libel.

Oh yes -  either I sign or I never write for Transcontinental again.

The contract puts writers into a box designed by Transcontinental.

When writer's groups approached Transcontinental to express their concern, they were basically shooed away. At least the top brass at Transcontinental was being honest - they didn't pretend they wanted to work in collaboration with their writers. That's a shame, because that is certainly not how their editors operate.

It's not surprising that a major multinational corporation wants to strip copyright away from the people who create what they sell. And I know that things are tough out there in the publishing world.

But things are tough in here, too. I'm a business person. I earn my living by writing. Pay rates for periodical writers haven't increased in decades. I can't afford to give my work away in perpetuity, to give up my right to re-sell it, even the right to post it on my own website.

More, it sure was nice while it lasted. Maybe we'll meet again.

Kim Pittaway is a magazine writer and editor. She has been a frequent contributor to Transcontinental magazines, including More and Homemaker's and has garnered six National Magazine Award Foundation nominations, three of them for articles published by Transcontinental. She is the past editor-in-chief and managing editor of Chatelaine magazine, past president of the National Magazine Award Foundation and an in-demand seminar leader on topics related to writing, editing and online journalism. She refuses to sign the new Transcontinental contract. Here's why.

I've had great working relationships with editors at More and Homemaker's, and know and respect many others who work for Transcontinental - which is why I was so deeply disappointed by this new contract, one which conveys a fundamental disrespect for the creators who contribute so much to the success of Transcon's publications.

Why does this contract seem disrespectful to me?

- Because it grabs a whole bundle of new rights with little or no additional fee. I know that print publications are struggling to find new revenue streams. I get that the media mix is shifting. And I'm eager to work with editors and publishers to find new ways to reach readers. But publishers already get a bargain on the print rights they purchase from copyright holders - those rates haven't gone up in over 30 years. And to now say you're taking a whole whack of new rights for the same bargain-basement rate is simply unfair. I own those rights on my work. And I choose not to sell them to you at that low rate.

- Because it was imposed with no consultation with writers. One day, I had a great working relationship with my editors, was juggling three or four assignments, and all was right with the world. Oh - and I'd just garnered Transcon mags two National Magazine Award nominations. The next day, I was told that if I didn't sign the contract as is, no changes, that I wouldn't be working for them any longer.

- Because it is a sign-once, live-with-it-forever contract. This contract applies to my work with Transcon in perpetuity and applies to all work for all Transcon properties. So Transcon is locking in the rights they want at a point when suppliers are vulnerable because of the current economic situation, and preventing writers from renegotiating the contract at any point in the future. Who in their right mind signs a contract that applies forever?

I'm mystified by this contract - perhaps because I have difficulty believing that the good folks I know at Transcon actually intended to send such a negative message with it. Maybe they're getting bad legal advice. I hope that's the reason. But even more than that, I hope we're able to engage in a constructive conversation to change it. Because a bad contract is bad for writers, it's tough on editors and it's ultimately bad for magazines and their readers. And that's a shame, for all of us.

-------------------------

PWAC and more than one dozen writers' organizations have united and called on the thousands of writers they represent not to write for publications owned by Transcontinental Media. For more information, click here.

B.C.'s beleaguered literary organizations are forming the Coalition for the Defence of Writing and Publishing in British Columbia one day after the Arts & Culture branch of the Ministry of Tourism, Culture & the Arts (Hon. Kevin Krueger) simultaneously removed all funding from the Association of Book Publishers of British Columbia ($45,000), BC BookWorld newspaper ($31,000) and B.C. Association of Magazine Publishers ($20,000) via phone calls from its executive director Andrea Henning, on October 6.

"Thus far they have chopped off three heads," says Alan Twigg, publisher of BC BookWorld for twenty-one years, "but indications are that more heads will roll."

The 50-member Association of Book Publishers of British Columbia, founded in 1974, is the largest regional affiliate of the Association of Canadian Publishers. As the hub of a remarkably diverse publishing industry of mostly small firms, it undertakes extensive business, marketing, promotion and awareness programs such as Resource Tools for Educators, B.C. Books for Schools, a catalogue for Canadian Aboriginal Books for Schools and B.C. Books on BC Ferries.

"Our B.C. publishers are reeling," says ABBPBC executive director Margaret Reynolds. "It is an absolutely bizarre decision. Governments across the country, federal and provincial, recognize the importance of culture to the lives of their citizens. Why invest in this infrastructure then unceremoniously withdraw it?"

BC BookWorld, since 1987, is distributed via more than 900 outlets around the province on a quarterly basis, reaching approximately 100,000 readers per issue. It has been identified by the Canadian Centre for Studies in Publishing - in a report commissioned by the BC government - as "the most important cog in the infrastructure" that supports writing and publishing in B.C.

"BC BookWorld generates 70% of its own revenues," says Twigg, "So Arts & Culture has chosen to sabotage something literary that is genuinely popular, public-serving, non-elitist and educational. It boggles the mind. We're the focal point for all B.C. books and authors." Twigg got a brief phone call less than a month before his non-profit society was scheduled to renew its 21-year partnership with the provincial government.

Since 1993, the BC Association of Magazine Publishers (BCAMP) has represented the B.C. magazine industry by supporting the talent, knowledge and skills of its publishers. One million people around the world read the 82 member magazines, which include arts and culture, news, business, lifestyle, leisure and special interest magazines.

"We know there is a recession, and perhaps cuts can be expected," says Rhona MacInnes, BCAMP executive director, "but 100 percent is shocking. By the province's own reckoning, the arts sector offers a healthy return on investment, so there needs to be a fundamental shift in the way this government assesses value. Sadly, these Draconian measures are just the beginning. We've all been given notice to expect severe cuts to the BC Arts Council."

Some sectors of the literary economy have already been hurt. "Essentially the B.C. government saw they had a deficit," says Bryan Pike, executive director of the BC Book Prizes, "and we didn't have any. So they decided to give us some of theirs! They are off-loading debt onto charitable organizations."

Although British Columbia has one of the highest book reading rates per capita in Canada, or North America, per-capita support for the literary arts from Victoria has always fallen far short of standards set by Ontario and Quebec. "More cuts to the literary community will be devastating," says Carla Reimer, Executive Director of the Federation of B.C. Writers, one of the largest writing organizations in Canada with over 700 members.

The literary community is aghast at total withdrawal of funding from three of its integral organizations. "The recent cuts to these organizations are a blow to the entire literary community," says Hal Wake, director of the Vancouver International Writers Festival. "Our festival is about to welcome almost 100 writers from around the world and it is extremely unfortunate that they will arrive at a time of crisis for so many cultural organizations."

Some of the province's foremost writers, such as Douglas Coupland (Generation X) and William Gibson (Neuromancer) have already raised their voices to protest the provincial government's proposals for decreasing support for the arts. "As a futurist, someone with some experience in long-range scenario-based corporate and municipal planning," says William Gibson, "I've seen my share of jaw-droppingly shortsighted proposals. But these proposed cuts to support for the arts in BC (almost 90% by 2011) really take the cake. This is governance guaranteed to rot the fabric of our province's future."

Brad Cran, Poet Laureate for the City of Vancouver concurs. "Artists and cultural institutions work on already tight budgets, stretching each dollar as far as possible," he says, "often with a volunteer workforce and underpaid staffers. Now we're not talking about minor cuts: we're talking about devastating cuts.

"The fact that this is happening on the eve of the Olympics (with culture as one of the pillars of the Olympic bid) is an added insult and a broken promise to British Columbians."

It took decades for the province to generate stability for the ABPBC, BC BookWorld and BCAMP. The Coalition for the Defence of Writing and Publishing in British Columbia will be calling for the reinstatement of funding to these three vital organizations - and an end to the anticipated bloodletting that lies ahead.

Media contact information:
Margaret Reynolds: (604) 684-0228 / margaret@books.bc.ca
Alan Twigg: (604) 736-4011 / bookworld@telus.net
Rhona MacInnes: (604) 688-1175 / info@bcmags.com

Coalition for the Defence of Writing & Publishing in British Columbia
Suite 600-402, West Pender Street, Vancouver, B.C. V6B 1T6
(604) 684-0228

For a plain text version for this posting in PDF format, click here.

We encourage applications from members of PWAC as well as individuals external to the organization. Only those selected for an interview will be contacted.

Deadline: Monday, Oct 26th at 5:00pm. Submit CV and cover letter to hr@pwac.ca.

Summary: The Executive Director (ED) is the senior staff member of the Professional Writers Association of Canada (PWAC) which serves over 600 non-fiction freelance writers across the country. The Executive Director is responsible for the day-to-day operations and management of the organization, and supervises other staff and contract employees. The Executive Director ensures that members' needs are met through delivery of services, mediation, professional development and communications about the industry. The ED, in conjunction with the President, is responsible for representing PWAC in the media, and within the writing and publishing industry generally.

The ideal candidate will have some or all of these qualifications:
- A strong commitment to the organization's mission, values, vision and strategic objectives;
- Knowledge and experience of the writing and publishing industry; particularly the needs of freelance writers;
- Strong leadership and team management skills, as well as office management experience including staff supervision, financial operations etc.;
- Proven ability to manage multiple projects, deadlines, and changing priorities;
- Effective communication skills in various media including superior written and verbal skills, proficiency in computer skills, and an understanding of social networking using technology;
- Ability to secure support and funds from government, and non-governmental sources;
- Experience in the non-profit sector and working with a volunteer board of directors; and
- Ability to communicate in both official languages is considered an asset.

Hours: While this job requires some flexibility in terms of hours (i.e. occasional evening and weekend meetings) the majority of the work occurs during regular business hours.

Location: PWAC's National Office is based in downtown Toronto. The ED is expected to maintain regular office hours. Some travel is required.

Salary: The salary is commensurate with experience - range $45,000-$55,000/year. A benefit plan is under development.

Start date: As soon as possible.

Complete position description available here.

A statement on the website of law firm DMH Stallard, which is representing the claimant, confirmed the estate was taking Bloomsbury to court for copyright infringement.

Bloomsbury said the claim was baseless and the book "will be defended vigorously".

Jacobs died in London in 1997. His book, The Adventures of Willy the Wizard - No 1 Livid Land, was published in 1987, according to the estate representatives, based in Australia.

Bloomsbury said Jacobs's estate first approached it in 2004 but was "unable to identify any text in the Harry Potter books which was said to copy Willy the Wizard".

"JK Rowling had never heard of Adrian Jacobs nor seen, read, or heard of his book Willy the Wizard until this claim was first made in 2004," the statement read.

The BBC points out that the "series has sold more than 400 million books worldwide in 65 languages and spawned a series of hit films." While there's still money to be had, Bloomsbury and Rowling would be wise to brace themselves...

"The Professional Writers Association of Canada is thrilled with the news of the settlement. This has been a long ongoing process and we appreciate Heather Robertson taking the lead role in the battle for the protection of writers' rights," said PWAC President, Tanya Gulliver. "As freelancers we want to be fairly compensated for the work that we do, and want to ensure that publishers recognize the value of our work. This settlement, stemming from the Supreme Court decision in 2006 that supported our position that freelancers own control of their work unless otherwise agreed upon, is historic and a great achievement for the freelance writing industry."

PWAC and Ms. Robertson, a founding member of PWAC, are optimistic that the settlement will expedite a positive outcome in other pending lawsuits and set a precedent protecting creators' intellectual property rights and ensure fair compensation for digital exploitation of their work.

Ms. Robertson would also like to thank PWAC and the many individual members who have vocally supported her over the years and provided financial assistance to help cover her legal costs.

Ms. Robertson and her legal representatives will be publishing a full version of the settlement and a notice to claimants in the Globe and Mail and the National Post on Saturday.

Quebec Superior Court Judge Gives Green Light to Class Action over Electronic Reproduction Rights

After more than a decade, the Electronic Rights Defence Committee has received authorization from Quebec Superior Court to proceed with a class action suit against some of the biggest names in Canadian media.

At issue is the electronic use without permission or compensation for work by freelance writers in The Gazette. The defendants are Montreal Gazette Group, CanWest Global Communications, Hollinger Canadian Publishing Holdings, CanWest Interactive, Southam and Southam Business Communications, Infomart Dialog and Cedrom-SNI.

In February 2008, the Honourable Eva Petras, J.S.C., heard three days of arguments from Mireille Goulet, ERDC lawyer, and a team of lawyers representing the defendants. The Justice's decision was rendered March 31, 2009.  It authorizes the ERDC to institute class action proceedings with writer and translator David Homel as its official designated member. The class action group includes all freelance writers whose articles, originally published in The Gazette, have been allegedly illegally reproduced on the Infomart data base since 1984.

The next steps will lead toward a trial on the merits of the case, a process which may take several years to reach a conclusion.

The ERDC case is one of several in North America seeking compensation for unauthorized electronic use of freelance writers' work. In October 2007, the Canadian Supreme Court ruled five to four in the Heather Robertson vs. Thomson case that freelancers do indeed hold copyright on their work reproduced in electronic data bases.  The US$ 18-million class action settlement in the United States which followed from the Tasini vs. New York Times case is currently before the US Supreme Court which has agreed to decide whether a lower court has jurisdiction to approve settlement agreements. The Association des journalists indépendants du Québec is also currently in the process of undertaking a class action against several Quebec medias.

For more information:

Mary Soderstrom
ERDC President
(514) 276 - 9257

David Homel
ERDC Class Representative
(514) 288 - 6690

Date: Friday 14th, March
Presenter: Gordon Graham

White papers drive billions of dollars in purchases by the world's biggest corporations. White papers help tiny NGOs get their message out. White papers are all over the Web. And somebody's got to write them. In fact, writing a white paper is no harder than writing a medium-sized magazine
article, yet you can earn far more... often $3,000 to $5,000 each.

So what is a white paper? How do you write one? What should be included, and what left out? How can you tell if your company needs white papers? Or how do you find clients who need them?

The seminar includes:

By the end of this half-day workshop, you will know what white papers are, and when to use them. Freelancers will know if you'd enjoy writing white papers. In-house writers will know how to revise white papers to make them

more persuasive. Managers will know how to oversee white paper projects with more confidence.

Places are limited. To register please, click here.

The series provides a choice of five half-day seminars on specialty areas of writing to help you and your business communicate more effectively.

You can register for one or come to them all, as best suits your needs.

Topics in the 2008 series:

• White Paper Writing 101 - Friday, 14th March
  
  
• Writing for Success on the Internet - Wednesday, 30th April
  
  
• Earning $ Writing Promotional Materials - Tuesday, 24th June
  
  
• Media Release Writing - Tuesday, 30th September
  
  
• Speech Writing - Tuesday, 25th November

Time: Each session runs from 9:30am to 12:30pm on the date specified.

Cost: Single sessions are $42 for PWAC members and $63 for non-members. Group and multi-session packages are also available.

Presenters: Presenters are PWAC members and experts in their seminar topic.

For more information about sessions and presenters please, click here.

To register please, click here.

If you have any queries please do not hesitate to contact PWAC National Office at info@pwac.ca

See you at a PWAC Presents event this year!

The conclusion:

Freelancers in Canada make an average of $14.26 an hour, or just about double the national minimum wage. Again, choose your own adjective to describe these findings.

See the full posting here