NASW AT THE TABLE WHEN E-RIGHTS ARE DISCUSSED

by Beryl Lieff Benderly

On November 16, I represented NASW at a meeting of 11 national freelance creators' groups who gathered to explore the possibility of joining forces to establish a unified, creator-controlled entity to facilitate payment by publishers for electronic rights to copyrighted work. Held at the New York offices of the National Writers Union (NWU), the meeting was chaired by NWU President Jonathan Tasini, lead plaintiff in The New York Times Co., Inc. vs. Tasini, the Supreme Court case that definitively established creators' ownership of electronic rights. The Authors Guild, the American Society of Journalists and Authors, the Authors Coalition of America, and the national organizations representing romance writers, science fiction and fantasy writers, western writers, dramatists, graphic artists, and fine artists also sent representatives, some from as far away as Michigan and Texas.

Tasini opened the meeting with a statement of his hope that creators could take advantage of what he views as the historic opportunity created by the high-court decision. He advocated establishing an entity controlled by a number of creators' organizations to serve as intermediary between writers and database companies and other users of creative content, much as ASCAP (American Society of Composers, Authors, and Publishers) does for the creators of music played on the air. He foresaw an organization that would negotiate terms with electronic publishers, collect payments, and distribute them to creators. Such an organization, he said, would undercut one of the publishers' main stated objections to paying separately for electronic rights, the supposed difficulty of locating individual authors. NWU currently runs such a group, the Publications Rights Clearinghouse, but he envisions a larger and more powerful entity.

Almost immediately, however, some present cited problems with the proposal. As a labor union-specifically, as Local 1981 of the United Auto Workers, and part of the AFL-CIO-NWU is legally empowered to bargain collectively on behalf of its members. The other groups, however, are 501(c)(6) trade organizations and thus forbidden to engage in collective bargaining. Financing and running Tasini's proposed organization also appeared problematic to many. And even more importantly, basic philosophical disagreements divided the group. A number of those present felt that establishing minimum across-the-board fees for Internet use of articles-a basic element of Tasini's concept-would prove at best impractical and at worst ill-advised.

"Minimum fees tend to become maximums," one participant stated. Several cited what they considered a far more effective method of getting publishers to recognize increased rights for creators: big-name clout exercised by major authors or artists who insist not only on greater rights for themselves, but also that publishers extend those rights to the lesser famous. Several at the meeting favored an entity that would simply receive and distribute payments that creators negotiate individually. The Authors Guild currently runs such an entity, the Authors Registry, which a number of NASW members joined under NASW auspices.

Despite these differences, everyone agreed on the desirability and importance of creators exerting more power and gaining more income in their dealings with Internet companies and other users. Still, it became clear that the meeting would result in no specific actions toward that end. The group did agree that the discussion, which lasted about four hours, had been worthwhile, producing greater understanding and many useful insights. In conclusion, Paul Aiken, executive director of the Authors Guild, and Tasini agreed to continue ongoing discussions about the possibility of combining or coordinating the efforts of the Publications Rights Clearinghouse and the Authors Registry and to keep the other groups informed of progress.

From NASW's standpoint, the meeting produced another potentially very useful result. Marianne Shock, administrator of the Authors Coalition, suggested that NASW consider joining the group, which is currently composed of 14 national writers' organization. The board is currently exploring this possibility, which could produce significant benefits, and will report to the membership when more information is available.

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Freelance committee chair Beryl Lieff Benderly is a Washington, D.C., health and behavior writer.