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Tish Davidson
07-28-2004, 01:34 AM
Space Coast Parent in Florida has been bought by Gannett and is asking all freelancers to sign a work for hire agreement. They pay $35/article for anywhere from 800-1,200 words. I have sold dozens of reprints to this magazine under their prior ownership. Not only did they pay better, they bought one time rights. Copied below is the essence of the new agreement. Those of you who have written for them before should think twice about signing it. For those looking to break into the parenting market, check the Parenting Publications of America website for other parenting papers with less restrictive contracts (but avoid Iowa Parent, which is also a Gannett paper with an even more restrictive contract).

TD

The problem wording in the Gannett contract:

"The Work will be a work made for hire under the U.S. copyright laws. The Magazine, has the right to reproduce, edit, adapt, modify, perform, transmit and otherwise use the Work, in any manner or medium in perpetuity without additional compensation. This includes, but is not limited to, the right to reproduce and distribute the Work in electronic or optical media, or in CD-ROM, on-line or similar format.

You warrant that the Work submitted under this agreement is your original work, of which you have sole ownership, and that its publication will not violate any copyright or other right of any third party. You agree to indemnify and hold harmless the Magazine, or Gannett Co., Inc., its affiliated corporations and licensees from any loss, claim, damages or expenses arising from your breach of this agreement, including any representations contained herein."

RealityChuck
07-28-2004, 01:52 AM
I'm wondering how enforceable the clause would be. Calling it a "work made for hire" does not necessarily make it one, and the law is quite specific as to what the term entails.

Of course, you'd have to sue them to win that ruling, and they probably can afford lawyers more easily.

DaveKuzminski
07-28-2004, 04:02 AM
Well, if enough writers avoid them leaving only lesser skilled writers willing to submit to them, their readers will quickly come to the conclusion that there are better sources to use. They'll either come around or go out of business.

Tish Davidson
07-29-2004, 12:26 AM
Got an e-mail today saying that Space Coast parent has reconsidered and will not require freelancers to sign a work made for hire agreement and will buy reprints on a one-time rights basis. From the e-mail it sounds as if a number of freelancers said a resounding no to the original contract.

:clap :clap :clap

aka eraser
07-29-2004, 12:31 AM
That's great news Tish. It shows that we freelancers do have some power if we just say "no."

James D. Macdonald
07-13-2005, 09:55 PM
Space Coast Parent and Gannett, and Work-for-Hire contracts:

Don't sign WFH unless the work really is made for hire.

Here's a happy story about writers sticking to their guns and avoiding a bad contract.

CaoPaux
10-04-2007, 11:34 PM
Space Coast Parent is now here: http://www.brevardcountymoms.com/apps/pbcs.dll/section?Category=MOMS90

Pamster
10-04-2007, 11:43 PM
so what is the latest on this, are people still signing this bad agreement with them? :(

CaoPaux
01-29-2010, 01:46 AM
Updating link: http://brevardcounty.momslikeme.com/members/exploregroups.aspx

Looks like its now more social network than ezine.

ETA: reorganized/revived as Space Coast as part of Florida Today: https://www.floridatoday.com/