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*Not* found on the Net. Sent to me from a friend. Seems to be on the
level.
Melissa Hunter-Kilmer
mhunterk -at- bna -dot- com
(standard disclaimer)
______________________________ Forward Header __________________________________
Subject: Important News for Writers, Graphic Designers
Author: "Gintovt Karen" <karen -dot- gintovt -at- concert -dot- com> at INTERNET
Date: 7/7/98 10:55 AM
Folks:
I 'm forwarding this e-mail from the National Writers Union because it
concerns our ability to earn a living. It concerns the Uniform Commercial
Code Article 2B, originally meant to cover software licensing, but has now
ballooned to take away some of the rights guaranteed writers (and graphic
artists) under Copyright Law. For technical writers in particular, this
Article 2B would make *us* responsible for the accuracy and content of our
work--not our clients. In short, a client could give us lousy copy and no
help and expect us to create a masterpiece. If we don't, they could take
action, like withhold payment.
Visit the NWU website and write the letter they suggest. Also forward this
e-mail to your friends. (Melissa--Could you post this on the tech writer
list?)
In the next few weeks, we must act quickly to protest a matter of some
urgency. For the past two years, the NWU has been tracking the development
of the Uniform Commercial Code Article 2B (most recently, we appeared before
the UCC2B drafting committee). While this is a somewhat arcane legal
subject, it touches on the lives of *every* content creator.
What is Article 2B? It began as an effort to address software licensing,
covering the range of contracts from mass market to commercial transaction
frameworks. But, like the Kenneth Starr investigation, Article 2B has gone
far beyond its original intent. It now will govern every aspect of
information use from the purchase of your next word processing program, to
research on your next assignment, to the copyright you hold in the work you
create.
The attached fact sheet outlines 2B and its problems for writers (feel free
to distribute or borrow from it-with proper credit). Additional material on
2B can be found on the union's website.
Why the urgency? The Drafting Committee is making a significant push to
bring the process to a close and push through its current version (or
something fairly close to it). The National Conference of Commissioners on
Uniform State Laws ("NCCUSL"), which along with the American Law Institute
("ALI"), writes and recommends uniform laws to state legislatures, is
meeting in Cleveland for its national conference July 24-31. During that
meeting, the Drafting Committee will seek approval of Article 2B from the
larger body.
We are working with a variety of creator and consumer groups to ask for
changes in 2B prior to the NCCUSL meeting or, if we are unsuccessful in
gaining meaningful changes, stopping the approval of 2B.
What are we suggesting? Our tactical position is that we want to be taken
out of the scope of 2B. In other words, since there is a long tradition of
common law and statute (the Copyright Law) which governs the relationships
between creators of text content and producer-publishers of their work,
there is no need for 2B to include the kinds of content creators we all
represent.
Should the 2B drafting committee decline to exclude us from the article's
scope, we will continue to fight the specifics of 2B before the relevant
bodies, including state legislatures where 2B ultimately must be passed.
What should *you* do? Go to our website. Look at the sample letter we
suggest you write--and send a letter *immediately.* Send us a copy of
whatever you do write.
Sincerely,
Jonathan Tasini
President
===========================
UCC 2B Fact Sheet
What is it and where'd it come from?
Proposed Article 2B is on the stealth track to join a family of "model"
statutes, called the Uniform Commercial Code, that regulates business
transactions. If approved, 2B will control not only software licensing, but
writers' contracts in journalism, book publishing, technical writing and
other media.
2B is being drafted by the National Conference of Commissioners on Uniform
State Laws ("NCCUSL") and the American Law Institute ("ALI"), nonprofit
legal associations whose members write and recommend uniform laws to state
legislatures. While the drafting process is ostensibly open to the public,
the reality is that the current version of 2B was cut to suit factions of
the information industry, represented by lobbyists from major computer,
software, communications, publishing and other media companies.
2B is slated for consideration by NCCUSL in July 1998, by the ALI Council in
October 1998, and by the combined drafting committee in November 1998. The
necessary final approval by NCCUSL and ALI memberships will not be sought
until 1999; if approved, NCCUSL will most likely present 2B to state
legislatures in September of 1999. However, the drafting committee will make
the crucial decisions about the scope and content of the statute between
July and November of this year.
What, us, worry?
Why should writers be concerned with the ponderous drafting machinery of a
commercial statute?
The current version of 2B governs every aspect of information use from the
purchase of your next word processing program, to research on your next
assignment, to the copyright you hold in the work you create-yet it was
drafted without regard to guidance from creator or consumer groups. Once
states begin enacting licensing statutes incorporating 2B's provisions, by
default writers can be locked into terms we haven't even had the opportunity
to negotiate. The 2B machine, with its industry bias, will have done our
bargaining for us.
What will be done & to whom?
2B's tentacles will snare journalists, book writers, scriptwriters, BITE
(Business Instructional Technical and Educational) writers, all of us in our
capacity as researchers and yes, you, gentle reader.
2B will strangle how we do business and negotiate the rights to our work by:
* Replacing a "reasonable editor" standard for acceptance with a subjective
satisfaction standard, sanctioning the rejection of manuscripts at editorial
whim and without payment for the writer's time-not even a kill fee.
* Trumping first sale rights by permitting publishers of a collection, such
as a newspaper, to license and sell the collected work to another publisher
even if those secondary rights were retained by the writer.
* Holding publishers to a minimum contractual standard of subjective "good
faith" in promoting a writer's work, making it impossible to challenge their
failure to do so.
* Endorsing all rights contracts and undermining existing copyright law by
fostering the acquisition and exploitation of as yet unknown and undeveloped
future rights.
* Making technical and corporate writers accountable for the accuracy and
fitness of information supplied by the client for incorporation into the
work.
* Gutting fair use doctrines and library copying privileges by blessing
online "shrink-wrap" and "click-wrap" licenses for software and other
information products and services, which allow publishers to impose
conditions of use before consumers can access the information
* Choking free expression by permitting shrink-wrap and click-wrap licenses
to impose prior restraints on readers' and writers' freedom to criticize or
discuss the informational content.
What's my union doing about 2B?
* We formally proposed written changes to make 2B a more writer-friendly
law, helping to brake its headlong rush to the statute books, and alerting
creative professionals to its pernicious impact.
* We're coalition building with allied author and consumer advocates to
increase the heat on NCCUSL.
* We're monitoring the 2B drafting process with a NWU
attorney-representative.
What actions can I take to help wrest back our rights?
* Use your pen. Many writers won't know about this stealth legislation until
it hits them where they live. Let your colleagues and readers know about 2B
by writing articles about it. More information can be found at NWU's website
at <http://www.nwu.org/nwu/> and you can contact NWU President Jonathan
Tasini at (212) 254-0279.
* Write letters of protest to NCCUSL and your state legislators. For ease of
drafting we've posted a sample letter outlining the key issues, and relevant
contact information, on the NWU website.
* Spread the word. Talk to colleagues about 2B in other guilds and
organizations, and at the workplace. Bring it up at conferences. Make copies
of this Fact Sheet. Pass 'em on.
Remember, your words are your livelihood. If our work wasn't considered a
viable profit source, corporate America wouldn't be bellying up for the
rights to exploit it. Know your worth and fight for it!
****************************************************************************
National Writers Union National Writers Union
National Office West National Office East
337 - 17th Street, Suite 101 113 University Place, 6th Floor
Oakland, CA 94612 New York, NY 10003
Phone: (510) 839-0110 Phone: (212) 254-0279
Fax: (510) 839-6097 Fax: (212) 254-0673
email: <nwu -at- nwu -dot- org> email: <nwu -at- nwu -dot- org>
UAW LOCAL 1981 / AFL-CIO
WEBSITE: <http://www.nwu.org/nwu/>
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