Tuesday, April 01, 2008

A Writer's Woes

It's quite amazing how some people try to get away with just about anything.

There was this company that got a couple of works of mine to see if I can fit into their organization as a contributor.  This company (in a way) publishes short stories, original works of creative writers.

Of course, I was excited about it.  I finally have a venue for my works and I would get paid for them.  Turns out, it was too good to be true.

When they sent me the contract, they want to own my works and would pay peanuts for them.  Plus, there is a non-compete clause too!

Having been a feature writer, I can understand how publications can own your works -- they did provide the raw material for it and they do pay good money for them  Besides, those features were usually meant for their market so, other than your portfolio, where else can you use them? 

But stories are different.  They're borne out of your creativity.  They have nothing to do with the creative process that gave it reality.  All they did was tell you they need a love story and you send them a draft, end of story. 

So it reall ticks me off that some publications can have the temerity to say they own your creativity and not give you the right to have it published after they have -- e.g. your own anthology, or as a contribution to another anthology.

I'm totally for granting a limited ownership of the pieces -- constrained by time, say a couple of years or something -- or shared ownership (though that could get messy); but definitely not their ownership of my work for eternity.

And that non-compete clause has to go.  If they say I cannot submit the stories I had given them to another publication BEFORE they publish it, I would totally agree.  Since they expressed interest in them, they get first dibs.  But to tell me that I cannot submit my own works to another publication at all -- that's infringing on my livelihood already.  Did they honesty expect me to live on the peanuts they pay for my works?

On top of it all, there is one sad fact:  some writers will still sign a contract like that.  Believe it or not.  Times are hard and we all feel it.  We need to make money out of our own effort and writers write.  For some, it is better than not having their stories paid for at all.

I don't know.  Maybe it's just me, but I think this kind of deal is a form of robbery, and quite the opposite of an equitable business arrangement.

--------- that's it.  rant's over.

=)K

4 comments:

  1. It is robbery. Often we seem to be faced with the choice between keeping our works and being poor, or giving them away for a song and (yes) still being poor. I know a few writer friends who won't share anything for fear of being ripped off, as it's happened to them often enough.

    Well, I'm glad you read the fine print.

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  2. Hi Kasuy. Have you posted this on Pinoywriters yet? :-D A discussion on that ML would be... interesting, I think.

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  3. Thanks for the thumbs up. I just hope those needy writers would not sign up.

    =)K

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  4. I'll wait before posting this there. I gave that company a chance to reconsider their contract and I hope to have a positive update on the matter. I'll keep it here first for a more low-key discussion.

    =)K

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