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35931 Marx Myles AUTHORS GUILD Winter 2017 BULLETIN A Writing Career: Pitching, Persisting, Getting Ahead, Getting Paid and Staying Out of Trouble New York City Passes Landmark Freelancer Law What the Trump Presidency Could Mean for Writers collecting payment at some point in their careers—and New York City are stiffed an average of $6,000 annually—will come as no surprise to many writers. One of the Guild’s most Passes Landmark Bill significant advocacy efforts in the last two decades was the $18 million class action suit we filed alongside to Protect Freelance the American Society of Journalists and Authors, the National Writers Union, and 21 freelance writers in 2000, on behalf of thousands of freelance writers who Workers had been paid by major newspapers and magazines By Brandon Reiter for one-time use of their articles, and then saw their work swept into electronic databases without further et’s start with some good news. On October 27, compensation. (The case was settled in the plaintiffs’ New York’s City Council voted unanimously in favor in 2005 but various court challenges have de- Lfavor of the “Freelance Isn’t Free Act,” providing freelance workers with an unprecedented set of legal protections against client nonpayment. Under the bill, anyone hiring a freelance worker for a project valued The legislation is the first of its kind— at $800 or more over a four-month period will have to a milestone for freelancers’ rights agree, in writing, to a contract that clearly outlines the scope of the work, the agreed-upon rate, the method of and the first serious challenge to the payment, and the payment deadline. Employers will be required to pay their freelance workers in full no inequities of the Gig economy. later than 30 days after the paid-on date. Just like free- lancers pay their monthly phone bills, cable bills, rent or mortgage. The bill, signed by Mayor Bill de Blasio November 16, will go into effect in April. layed final distribution for a decade.) The legislation is the first of its kind—a milestone Over the last decade, prominent digital media out- for freelancers’ rights and the first serious challenge to lets have had wholesale success in normalizing a com- the inequities of the Gig economy. While the workforce parable non-compensation ethic, peddling the gospel of the past consisted mostly of employees who were or of “exposure” in place of a pay check in a very tight could be protected by unions—a significant segment market for writers. The Huffington Post, which is hugely of today’s workforce is made up of independent con- profitable by any standards (the company, which was tractors. Current estimates of the freelance share of the sold for $315 million in 2013, generated revenues of market range from 15 to 30 percent, with the expecta- $146 million in 2015) has long been viewed as one of tion of continued expansion, placing freelancers in a the more egregious and unrepentant offenders when it unique position to capitalize on shifts in the economy, comes to making money with free “content” donated but also at the risk of being short-changed. by writers. In fact, the best thing one might say about According to a 2015 survey by the media tech com- Huffington’s practices is that they were no secret. pany Contently, the median income for full-time free- The popular website Vice, which began as a print lancers was $20,000 to $30,000. Compare that to the magazine, was better known as a bait and switch outfit annual mean wage in the U.S. of $47, 230 and it’s clear when it came to writing for its website. In an article that freelancers are not being paid a fair share—and in published by the Columbia Journalism Review in August many cases they are not being paid at all. Meanwhile, 2016, Yardena Schwartz described a pattern of decep- the Freelancers Union, a 300,000-member national tion and stonewalling—publishing freelancers’ work group based in New York and the driving force behind without paying for it, offering assignments that were the Freelance Isn’t Free Act, reports that freelancers—a later rescinded, and seeking out fixers for help with cohort made up of a wide range of independent pro- their documentaries only to cut them off when the is- fessionals in the creative arts, including non-staff jour- sue of payment was broached. nalists and authors, the tech industry, designers and To say that freelance writers should never work consultants—contributed a trillion dollars to the na- for free would be an oversimplification, especially tional economy. where those just entering the industry are concerned. The additional finding by the Freelancers Union, No question, the benefits of writing for free some- that seven out of ten freelancers experience difficulty Continued on page 15 AUTHORS GUILD BULLETIN 2 WINTER 2017 WINTER 2017 THE AUTHORS GUILD BULLETIN President ARTICLES Roxana Robinson Executive Director A Freelance Landmark ................................................... 2 Mary Rasenberger By Brandon Reiter Editor The Authors Guild Q&A: Paul W. Morris .............................. 9 Martha Fay Advocacy News ........................................................... 11 Assistant Editor Nicole Vazquez For the Record Staff Writer An Unprecedented Dismissal ...................................... 13 Ryan Fox A National Digital Library Authors Would Welcome ............ 14 Copy Editor Hallie Einhorn What the Trump Presidency Could Mean for Authors .............. 17 All non-staff contributors to the The Writing Life: What Authors Need to Know Bulletin retain copyright to the articles that appear in these Going It Alone: Submitting an Un-agented Book ................ 19 pages. Guild members seeking By Tobias Carroll information on contributors’ The Art of the Pitch .................................................. 21 other publications are invited to contact the Guild office. By Chadwick Moore Published by: The Short, Sad Life of an Unsuccessful Novelist ................. 23 The Authors Guild, Inc. By Margaret Verble 31 East 32nd Street 7th Floor Talking $$$$$: Writers Break the Last Taboo ...................... 25 New York, NY 10016 Financial Management for Freelance Writers .................... 27 The Bulletin was first published By the Electric Literature staff in 1912 as The Authors League News letter. Harlequin Lawsuit’s Happy Ending ................................... 41 By Patricia McLinn DEPARTMENTS OVERHEARD Short Takes ...................................................................4 “Surely you understand the From the President ..........................................................6 role that meaningful intel- From the Home Office ......................................................7 lectual property rights play Legal Watch ................................................................ 30 in American entrepreneurial success, both at home and in Members Make News .................................................... 32 global markets, as the ability In Memoriam .............................................................. 35 to burnish the Trump brand Books by Members ........................................................ 37 through trademark registra- tion and enforcement has ABOUT THE COVER ARTIST helped your diverse enter- Kevin Sanchez Walsh is a freelance artist and longtime contributor to the prises to grow and thrive Bulletin. He can be reached at [email protected]. world-wide.” — Allan R. Adler, Associ ation of American Publishers in a December 15 letter to then-President-elect Donald Trump. Copyright © 2017 The Authors Guild, Inc. AUTHORS GUILD BULLETIN 3 WINTER 2017 National Association of College to remind you that many more are SHORT TAKES Stores, Amazon now owns 23 per- flourishing and your support is vital cent of the college textbook market. to their success.” Campus Bookstores Mix It Up Students can compare prices on In this case there was a silver lin- Faced with federal, state and institu- Amazon’s site and have the mate- ing. The same day that BookCourt tional budget cuts, soaring textbook rials delivered to campus, but they announced it was closing, bestsell- prices, and a print-resistant genera- don’t get the level of customer ser- ing author Emma Straub—a former tion of students, college bookstores vice they would in a physical cam- BookCourt employee—announced have been rethinking how they do pus bookstore. Meanwhile, schools that she and her husband, Michael business for some time. In a 2014 partnering with Amazon receive Fusco, had secured initial funding survey, 65 percent of students said a percentage of the sales on their to open a bookstore called Books they had decided against buying a website, an institutional bonus of Are Magic nearby. “A neighborhood textbook because it was too expen- the shift away from the brick-and- without an independent bookstore sive, and 82 percent said they felt mortar model. Purdue University’s is a body without a heart,” Straub they would do better in their studies Robert D. Wynkoop told The wrote on her website. “And so we’re if course textbooks were available Chronicle of Higher Education that building a new heart.” free online and buying a hard copy since 2014, the university had made were optional. $1 million from the partnership. By Supply Line To meet these expectations, cam- the end of 2016, Amazon will have pickup locations in 17 schools. Television programs based on books pus bookstores are trying out a va- and novels are a booming indus- riety of new business models. Some try, and after several notable hits schools, including the City Colleges
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