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The Newsletter of S.W.A.N. (njcreatives.org) July 19, 2001
* Upcoming Events: SWAN Picnic * Upcoming Meeting: September * Member News:
* Authors Guild Victory in the Supreme Court ************************* ANNOUNCEMENTS FLASH! SWAN Sourcebook is Online! The latest edition of the SWAN Sourcebook is ready to go to press! This is your absolute, final, we-really-mean-it last chance (No kidding! Seriously!) to update your listing. The 2001 Sourcebook is currently available only through a hidden link: http://www.njcreatives.com/sourcebook/2001/. (Note: Don't refer to the 1999-2000 PDF version that's available at the main site; that version is now obsolete.) Visit the link, find your listing, and make sure things are the way you want them. If not, report any changes posthaste (or e-mail-haste) to Peter Adler (prelda@worldnet.att.net; 201-837-0596). All revisions must be submitted by no later than Friday, July 27. (Honest! No fooling! Don't mess with us!) The Sourcebook-one of SWAN's most valuable assets-is made available to hundreds of businesses, vendors, and potential clients throughout the region. It's your best opportunity to promote your skills and abilities to the creative marketplace. Thanks to the SWAN Sourcebook SWAT team-Wayne Pollack, Madeline Canzani, Peter Adler, and Stan Cohen-for their work in resurrecting this important part of our organization. ***********************
UPCOMING EVENTS SWAN Picnic All SWANsters-youngsters and oldsters-are cordially invited to enjoy fun, food, and frolic at the annual summer picnic, Sunday, July 29, from 4 to 7 pm. Where? The Dawes domicile at 260 Lincoln Avenue, in Ridgewood, NJ. Your hosts Geri, Adrian, and Monica Dawes recommend you bring lawn chairs, outdoorsy-type games (badminton, anyone?), and your appetite for camaraderie. Kids and colleagues cordially invited. RSVP ASAP (by July 23): geri@3-dcommunications.com or 201-444-8969. ***********************
UPCOMING MEETINGS September Meeting There's lots of "news" about the September meeting.
New Topic! Mark your calendars: The first meeting of the 2001-2002 season of SWAN is slated for Wednesday, September 12 from 7:15 to 9:30 pm. The
Topic: Hire Aspirations-How I Choose a Freelancer. New
Feature!
New Location! Directions:
New opportunity for quality time!
Don't let the new location keep you from coming. Consider car-pooling with other SWAN members near you. You'll have a chance to chat and swap client horror stories. ***********************
WHAT YOU MISSED Pricing Game Last June's Pricing Game proved once again to be the highlight of the SWAN year. Thanks to heroic work by host Deb Hoeffner, SWAN members got an eye-opening look, not just at their creative colleague's top-drawer work, but also at their bottom lines. Time and again, the point was driven home that the fees we charge for projects range from the sublime to the ridiculous. And we were reminded that sometimes the material reward does not necessarily match the professionalism we bring to the task-nor the pride we rightfully earn for a job well done. Thanks to Deb for pulling the event together and to Wayne Pollack for the PowerPoint presentation and serving as tech coordinator during the session. November 2000 Meeting Lynn Atkinson has sent along a recap she wrote of the November 2000 SWAN meeting. The piece never ran, because the newsletter had been ... uh ... on sabbatical. So join us now for a stroll down memory lane...
The SWAN meeting that took place the night after Halloween was appropriately titled "My Nightmare Project." Moderator and SWAN member Marcia Ringel called on volunteers to share their experiences, which tended to fall into categories such as Art Meets Commerce, Meeting Madness, and Getting Stiffed (with a subcategory: Rockin' Around the Clock and Getting Stiffed).
This was an extremely interactive meeting, as almost every horror story elicited similar gasps of horror from the audience. In one instance, in fact, two SWAN members came to the realization that their "nightmares" had involved not only the same client, but the same project!
Among the terrible tales:
The client who critiqued copy, line by line, in the presence of the writer and others assembled at a meeting...
The Web designer who had to shut down a client's Web site in order to get paid...
The agency that gave a graphic designer vague direction but refused him access to the client (and naturally did not pay him when his work was rejected)...
The client who accused a writer of exposing his company to a lawsuit when she had simply restated a line in one of his currently-running ads
And the tale of a group of SWAN members forced into small claims court in pursuit of payment for work on an e-commerce Web site.
Here are some actual nightmare-inducing comments from clients, as reported by members:
"I know it's nowhere in our corporate graphic standards, but I really do like yellow."
"God will pay you." (This from a minister.)
"We'll go over your work in the coffee shop" (or the nail salon or other equally business-like settings).
"We'll pay you less than your fee and you can take the difference as a tax deduction."
"I could really do this (write copy, create graphics, take photos, etc.) myself if I had the time."
"We only have a photo of the front of the machine, but you can adjust the photo to show the back in the brochure, can't you?"
All together now... 1, 2, 3... ARGGGGHHHH!!
What did we learn from these experiences? Getting a comprehensive letter of agreement before starting work topped the list of lessons. A lively discussion ensued about inserting clear language to cover overtime pay for working nights and weekends "through no fault of our own" - in other words, because the client was late with input or had imposed an impossible deadline. Also mentioned were: the need to limit meetings, renegotiating when project parameters change, posting Web sites to a staging site (prior to public release) to ensure payment, and withholding a portion of any project until the last check has arrived.
Since most SWAN members work in isolation, this meeting served as a forum for us to connect with our fellow freelancers and realize that - in terms of "Nightmare Projects" - we are not alone. This makes the freelancing life a lot less scary!
- Lynn Atkinson ***********************
MEMBER NEWS We Met on the Internet The beginning of a beautiful, romance? No. How about the beginning of a wonderful and rewarding Author/Artist relationship? Yep...I met my artist on the Web.
A little over a year ago I was the enthusiastic and totally naive author who wanted to self-publish my books. I went online and started surfing. Through sheer dumb luck-or, as I would prefer to think, divine intervention-I found Deb Hoeffner. I saw examples of her work on the Internet and contacted her, via e-mail of course, and the rest is history-with a bright future.
Over the next year Deb and I became e-mail penpals ("keypals," I think, is the term). We never actually met, because I live in Venezuela and she in New Jersey. I would send my stories and ideas and she would send back sketches and final art. From the beginning she seemed to understand where I was going with the series. Deb successfully finds the heart of each story and is able to bring the characters to life in a way that truly amazes and delights me as the author.
Thanks in part to Deb's willingness to burn the midnight oil, the first five books in my series were released March 2001. The reviews have been positive and I believe that the covers alone were a major reason I got a national distributor-a crucial step in getting my books into the major bookstore chains.
The series, The Adventures of Andi O'Malley, offers chapter books for readers aged 8 to 10. Each book gently introduces children to sensitive, real-life issues in a way that will help them understand and better appreciate the world around them. In Angel Experiment JR134, Andi gets a chance to switch places with the most popular girl in school only to find out that she prefers to be simply Andi O'Malley. In Three Miracles, Andi and her friends learn the dangers of drinking and driving. In each case Deb was able to translate my work into a cover that charms whoever sees it.
Deb's work on the first five books was so wonderful and inspiring that I contracted her to do the artwork for the next six books as well. I knew if anyone could take subjects like death, teen suicide, lying, or hair loss and come up with a cover that captured the feeling while still incorporating a touch of lightness, it would be Deb. I am happy to say that I haven't been disappointed. Deb has already completed the covers for the next six and if possible I am more excited about the new set than the first.
Looking back on our journey I find it amazing that we did it all over the Internet.
I would guess that many other such relationships will begin like ours. I can only hope their stories turn out as well and that they, too, live happily ever after.
-- Celeste Messer Find The Adventures of Andi O¹Malley at Amazon Books. For more of SWAN member Deb Hoeffner's work, visit her new website at http://www.debhoeffner.com. ***********************
Members get on the Web Deb Hoeffner has recently completed her website with the helpful advice and patience of member Stan Cohen. She is now having it promoted with various search engines and referring sites. You can visit her new website at http://www.debhoeffner.com. Wally Littman heard from Deb Hoeffner at a recent Advisory Council meeting about how impressed and pleased she is with it, and the positive feedback she has received so far, that he immediately got on the bandwagon. Wally's site is now a work-in-progress, and can be found in the throes of revisions and Wally tweaks at http://wallylittmanillustrator.com. ***********************
Remembering Craig Berman When Craig showed up at one of SWAN's early meetings in October 1986, he must have wondered what he'd wandered into. The location was The Women's Center Building on Palisade Avenue in Englewood. And the group of creative freelancers gathered there were all females. He could have turned around and walked out. But he didn't. And SWAN is better because he stayed.
Craig was secure enough in his own identity and was smart enough to realize that these women were just as curious about-and as committed to-pursuing a path of successful self-employment as he was. We welcomed him as our first male SWAN participant and soon saw our group grow to the diverse organization it is today.
We were immediately impressed with Craig's portfolio. His illustrations and cartoons were bright, witty, wry, and impeccably professional. He was shy-except when showing off his work. Then his face lit up and became as animated as one of his subjects.
We always knew he was a terrific talent. Fortunately the advertising, entertainment, and editorial worlds got to discover that fact. He called us in exhilaration when he sold an illustration to a national publication. We shared his excitement when his "Dinosaucers" illustrations aired and he was picked by J.J. Sedelmaier Productions to do animation and rendering. While many of us might never attain such national exposure, we were thrilled when Craig did.
Peter Adler remembers Craig as a sweet, talented guy who gave much of himself to SWAN on various committees. A decade ago, when Peter left his ad agency to tackle full-time freelancing, Craig-in his capacity as Program Chair-asked Peter to speak to our group. Craig's participatory spirit must have been contagious, because Peter soon joined and became our treasurer. Peter holds a fond memory of Craig on his bicycle wearing a tank top and baseball cap. That image that captures the kid in him for all of us.
I can picture Craig being the first one to dive in the water when the SWAN summer picnics were held in my backyard. He made a big splash in our creative pool. He is missed.
-- Janet Earley Manning ***********************
Freelance Victory in the Supreme Court Most of you-especially the writers among us-know that the National Writers Union successfully sued The New York Times over the issue of payments for resale of articles stored in electronic databases. For a summary of the oral arguments before the Court (and some links to more about the story), check out this article by Barbara Quint: In response to the Supreme Court decision, the Times-proving a surprising inability (or refusal) to grasp the issue involved-began yanking freelancers' articles out of its database. At the same time, it began a campaign urging authors that, if they want their work to remain in the files, they should sign over the rights. Their reward for doing so: doodley-squat. Nowhere in their campaign has the Times said, "Okay, you're right - we'll keep the stories in the database, and if we resell them we'll cut you in on the profits."
In response to the Times' action, another group, the Authors Guild, has gone to court. Following is a press release from the organization: Authors Guild and Freelancers Bring Copyright Infringement Suit Against New York Times NEW YORK - The Authors Guild and freelance writers Derrick Bell and Lynn Brenner filed a copyright infringement suit against the New York Times late Tuesday afternoon in federal court in Manhattan. The plaintiffs seek class-action status to represent all freelance writers who have contributed works that originally appeared in a New York Times print publication and were subsequently reproduced in the Times' electronic database or other electronic databases without the writers' authorization.
The freelance writers had licensed the Times to use their works in print editions, but not in its electronic databases, or those that it licenses to third parties. Last week, in New York Times v. Tasini, the Supreme Court ruled that the Times had infringed the copyrights of a group of freelancers by making such electronic uses of their articles.
"The Authors Guild has taken this action to protect the economic interests of our members and all freelance writers," said Guild president Letty Cottin Pogrebin. "Our action has been prompted by the Times' aggressive campaign of the past 10 days."
Since the Supreme Court's decision, the Times has been telling the public and its freelance contributors through public statements and a Web site that it is now compelled to remove articles from its electronic archives unless writers release the Times from liability. "This does not strike us as an appropriate posture for the so-called paper of record," added Pogrebin.
"The Supreme Court didn't say the Times had to remove the articles, it said the Times had to pay for them," explained plaintiff Derrick Bell, a visiting law professor at New York University and a member of the Guild's governing board. "The Court stressed that these rights issues could be resolved through licensing systems, such as that operated by the Authors Registry. The Times shakes its head about the tragic loss to the public of parts of its archive, yet won't even begin to negotiate payment for the works it wants to use in its databases."
"The Times continues to show a deliberate disregard for the possibility of acquiring proper licenses to these works," said Guild executive director Paul Aiken. "The Times has gone to great lengths to avoid sharing some of its database revenue with its contributors, compelling many freelancers to retroactively surrender their electronic rights to their prior work without additional payment if they want to contribute to the newspaper now or in the future."
"The legal principle has been established - the Times' unauthorized electronic use of freelance articles is copyright infringement," said Michael Boni of Kohn, Swift & Graf, attorneys for the plaintiffs. "With this action we seek to resolve this dispute on a global basis, both for past infringement and for future uses of the freelance works."
The Guild and freelance writers had sued nine database companies last August over the databases' use of freelance articles. Mr. Boni also represents the plaintiffs in that action, for which plaintiffs also seek class-action status.
The Authors Registry is a not-for-profit organization that functions as a clearinghouse for rights payments. It has 30,000 writers in its database and has paid writers more than $1.5 million in photocopy and electronic rights royalties to date. These payments have been made for re-use - including electronic database use - of freelance articles and books. Writers need not be Guild members to enroll; 36 writers' organizations and 109 literary agencies have signed up to include their members and clients.
"The Authors Registry is an ideal vehicle for resolving these issues," said Pogrebin.
The Authors Guild, founded in 1912, is the largest organization of published book authors and freelance journalists in America.
***********************
WHAT DO YOU THINK What do you SWAN folks think of all this foofaraw? Did the Authors Guild shoot itself in the foot? Did insisting on payment for resale of past work lead to a situation where those articles are simply taken off the market? Or, as some have suggested, have freelancers suffered a short-term loss while winning important long-term gains? Is anyone in the group directly affected by the ruling? Would you agree to sign over your rights without compensation, as the Times has asked, just to keep your stuff available for posterity? Or would you prefer that your articles disappear from the "Nation's Newspaper of Record" as a matter of principle (not to mention interest)? Take a moment to jot down your thoughts on this, or any other issue related to the creative profession, and submit them to Cygneture (editor, Ron Schaumburg, rons@attglobal.net). ***********************
EDITOR'S NOTE Thanks very much to SWAN members who contributed material and ideas to this issue. Although we plan to offer a printed version of CYGNETURE in the future, for now the electronic format means we're not wrestling with space constraints. So let's consume our fair share of bandwidth! Please pass along items that would interest your colleagues, including:
Let's hear from you! Send submissions, suggestions, and comments to rons@attglobal.net, or call 201 836 2539. Ron Schaumburg *********************** |
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