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 The National Writers Union Takes On 'The New York Times' In The Battle For Cyberspace. By Tom Fowler WHAT DO THE New York Times and nearly 1,000 of the country's top writers have in common? Not a whole lot, these days. This past summer The Times announced a new policy that dramatically alters its relationship with freelance writers, and perhaps the relationship between all writers and the publishing industry as a whole. The policy denies writers any further claim to their work after it is published by The Times, allowing the paper to reprint the work at will without further compensating the author. It is the latest and boldest move in the industry's efforts to separate writers from their rights, and it has hundreds of them up in arms and itching for a fight. "The policy really puts into question the integrity of The Times," says local best-selling author Barbara Kingsolver, a frequent contributor to The New York Times Review of Books, which, along with The New York Times Magazine, is also affected by the policy. "I think this shows they are motivated by concerns other than the quality of books and the quality of ideas." In a memorandum approved by Times publisher Arthur Ochs Sulzberger, Jr. and executive editor Joseph Lelyveld, a new policy was announced requiring all freelancers that work for The Times to sign a contract relinquishing all secondary rights to their work. This includes the right to syndication or reuse of the work in any medium, including electronic, and the right to any revenues generated by the work in a new medium. "This means they could put what you write into a book or put it on a T-shirt, sell it anywhere in the world, and they get all the money for it, forever," says Jonathan Tasini, president of the National Writers Union and a lead defendant in a case pending in federal court against The New York Times Company and a number of online database operators. Tasini will be in Tucson January 12 to 14 to talk about his case and the issue of online copyright at the Society of Southwest Authors' 24th Annual Writer's Conference. Unlike a publication's staff writers, whose work is considered the property of that publication, freelancers have historically owned the copyright for their work. Unless a contract specifically mentions additional rights, the publisher usually acquires only First North American Serial Printing Rights. This is important because many freelancers earn a large percentage of their income from reselling their work--usually at a lower price--to publications in other markets or in other media. But The Times' new policy offers writers no additional compensation for any other rights it takes, or shares any revenues it continues to earn from them. Considering the growing world of online publishing and all the big name players lining up to get a piece of the action, a writer could be literally signing away a fortune. "If writers submit to this contract, become scabs and write under such conditions, then all the other major publications will go the same direction as The New York Times," says Kingsolver. Kingsolver joined the ranks of hundreds of other authors and journalists who signed a statement of protest condemning The Times shortly after the new policy was announced. Writers such a Gore Vidal, Norman Mailer, Alvin Toffler, Heidi Toffler, Garrison Keillor, Isabel Allende, David Halberstam, Kitty Kelley, Garry Trudeau, Kurt Vonnegut and Alice Walker were organized by the National Writers Union and the American Society of Journalists and Authors to prepare the statement and bring attention to the issue.
This covert form of notification comes as little surprise, though, considering the uproar the policy has caused internally at The Times. Veteran Times food columnist Jacques Pepin resigned from his position in protest of the policy. And editors required to enforce the policy among the dozens of freelancers who write for them have also been less than agreeable. Insiders have reported "raucous" meetings between the editors and management, while some of the section editors have been known to ignore the policy. When dealing with writers who balk at the contract, some simply allow them to work without a signed contract. "I believe the book review and magazine have a watered-down version of the contract that doesn't presume all rights," says Kingsolver. "There are people, such as Isabel Allende, who have continued to write after signing the protest through a special contract that says, essentially, they are signing under protest. They don't lose their rights to their work and still get to express their dissatisfaction with the policy." Even The Times' own public relations people are having trouble justifying the policy. In a recent Glens Falls (NY) Sunday Post-Star interview, Nancy Melsen, a representative for The Times, said claiming these additional rights was "crucial if The Times is to be a leader in electronic journalism." According to the article, when the reporter asked "why that goal prevented The Times from providing contracts that would compensate writers for continued use of their work," Nielsen "said she would have to ask her bosses." While the celebrity status of writers such as Kingsolver and Allende may seem to let them participate in the protest with little fear of reprisal, Kingsolver has felt some repercussions for her actions. Since signing the statement of protest in August, Kingsolver has not received any calls from the book review. She finds that odd considering the volume of work she has done for them in the past. "I feel like I've been black-listed, an impression that gets stronger the more I talk to other writers and editors," says Kingsolver. Indeed, one of the tenets of the policy, according to the original internal memo, was to create a blacklist for writers who refused the terms. Kingsolver also says it struck her as odd that her latest book, High Tide in Tucson, was only reviewed as a 200-word short in the book review, especially when it climbed to the number six spot on The Times' own best-seller list. "They usually respect their own list," says Kingsolver. "But, if the management of The Times is going to be jerks about the contract, then I'm happy to be black-listed by them. I'm just glad that it isn't five years ago, when not working for The Times would've really been a huge problem for me. I will feel the effects of it now, but not like I would've before." One person who doesn't enjoy that same luxury is Casey King, another Tucson writer who recently penned the review of High Tide in Tucson for the book review. King, 33, makes his living as many writers do, through a patchwork of jobs and projects that don't always pay the bills but let him continue his craft. He has been a construction worker, a speech writer, taught a course in documentary film-making through the University of Arizona's Extended University, and regularly writes and edits for educational publishers. He also has several works pending release, including a book he co-wrote with civil rights legend Rosa Parks. According to King, editors at The Times told him they assigned such a short review for a popular author because High Tide in Tucson is a collection of many previously-released essays considered, by some, to be more of a favor to Kingsolver fans. While this is a plausible explanation it is also possible that, quite simply, the editors did not realize what a runaway success the book would be. King says he appreciates the statement Kingsolver and other writers are making, admitting that they are "essentially, standing up for my rights." Although his career is on the verge of catching up with his talent, King says the chance to write for The Times is one he can't afford to pass up. "I've spent many years taking shit from a lot of people, and from my perspective writing is a tough racket," King says with more forbearance than bitterness. "To break into The Times took a tremendous amount of effort. Someday I hope it would be an issue whether or not I write for The Times, but right now I'm psyched that they called me." King says he did not sign a contract when asked to write the review of High Tide in Tucson, but rather was given the assignment via phone. He was not aware of the new policy at The Times, but says he agrees with the points made by Kingsolver and other writers protesting the policy. Kingsolver's advice to writers like King when it comes to working for The Times, though, is firm: "You're not gaining anything by giving up all of your rights. It should be pretty easy to see just how you lose." Kingsolver also contends there are plenty of other fish in the sea to write book reviews for, including The Washington Post, Los Angeles Times, The Nation, and Publishers Weekly. "If enough writers can hold together as a group and turn away from the pressure, maybe some of the weight of influence that The New York Times Book Review has in the field will be lifted," says Kingsolver. "It's a bit dangerous to have one publication with so much control. "But if you really want to and need to write for the book review and the magazine, then try to find the actual contract that National Writers Union members have been using," says Kingsolver. "It lets them know you're not pleased with the policy and actually protects your rights." "This is a rare chance for writers to believe in their collective bargaining power and act on it."
Jonathan Tasini, lead plaintiff in the landmark electronic rights case Tasini vs. The New York Times, and president of the National Writers Union, will participate in the Society of Southwest Authors' 24th Annual Writers Conference, January 12-13 at the Student Union at the University of Arizona. In an effort to educate freelancers on electronic issues, SSA has invited Tasini to participate in a panel of seven agents and editors on Friday evening, January 12, at 5:30, at the Plaza Hotel. Tasini will then participate in another panel the following morning at 9 o'clock in the Student Union before giving his own talk, "Writers Rights in the New Electronic Frontier," at 9:50 a.m. Tasini will also be appearing on the Reporters Roundtable of Arizona Illustrated on January 12 at 6:30 p.m. on KUAT, Channel 6. The Tucson Sublocal of the National Writers Union will host an open meeting for members and non-members following the SSA conference on Saturday. It will be held at 8 p.m. at 2320 E. Adams Street. Call the Tucson National Writers Union Message Line at 325-6966 for details and more information.
For more information about the SSA Conference call 296-5299.
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The National Writers Union first became aware of the policy when
an unmarked envelope arrived at the Union's 