Some of you PEN-L authors might be interested in the following:

WRITERS UNION CALLS FOR FULL RECOGNITION OF WRITERS RIGHTS IN
ELECTRONIC-BOOK CONTRACTS

New York, April 24, 1994--The National Writers Union (NWU) today
called on electronic publishers to accept a strong set of
principles on writers' rights as the industry begins creating
original works in electronic form.

"The prospect of electronic books is exciting, but we want to be
sure that the status of writers is not diminished as publishers
develop titles expressly for new media such as CD-ROM," said NWU
President Jonathan Tasini. "The rights that authors enjoy in
print-book contracts should be carried over--and in some cases
expanded--as publishers take advantage of new technologies."

As part of its effort to assert writers' rights in new media, the
NWU today released a position paper containing a Statement of
Principles that the union believes should be observed in
contracts between writers and electronic-book publishers. "We
hope that the industry realizes that adopting principles such as
these will be essential in encouraging the most talented members
of the writing community to make the leap from print to the
digital world," Tasini said.

"In this way it will also be essential," Tasini added, "in
ensuring that the greatest range of materials find their way into
electronic form. Diversity ultimately depends on the fair
treatment of writers."

Tasini noted that the NWU position paper also addresses the
public interest by arguing in favor of policies that would make
the new information technology available as widely as possible by
keeping down the price of electronic books and by subsidizing
access to them through libraries and other non-profit
institutions.

"Electronic publishers and authors should work together to ensure
that the new technologies are not only available to a small,
relatively affluent portion of the population," Tasini said.
"Democratizing electronic books is the right thing to do
politically, but it is also essential in creating the kind of
mass market necessary for the survival of the publishing
industry."

"There has been growing tension between publishers and authors
over control of rights relating to the adaptation of print works
for electronic media," said Philip Mattera, co-chair of the NWU's
National Book Campaign. "But that is only part of the problem.
Increasingly, books will originate in electronic form, and we
need to define the role of the writer in these arrangements."

Mattera, who drafted the NWU's position paper, acknowledged that
in electronic books that combine text with video, audio and other
multimedia elements, the writer may no longer be the center of
attention. "This does not mean, however, that the writer should
be relegated to second-class status, with no claim on copyright
and no creative control of the work."

Mattera said that the key elements of the NWU's position paper
include the following:

- Writers should retain the copyright on texts prepared for
electronic books, while copyrights on other creative elements are
retained by their creators. It is only when writers are brought
in to do minimal amounts of text for a product that is primarily
visual and/or audio in nature that writers should be retained on
a work-for-hire basis.

- Writers should retain ultimate creative control for electronic
books that consist primarily of text, and they should share that
control with other creators in the case of multimedia works.

- Publishers should be granted publishing rights only for the
particular electronic products being planned; rights that are not
exercised after some reasonable amount of time should revert to
the writer.

- Royalty rates for electronic books should be higher than for
print ones to reflect lower costs of production.

- Given that the concept of being in or out of print changes
radically in the electronic realm, publishing rights should
revert to an author when the publisher ceases to market a title
actively.

The National Writers Union, an affiliate of the United Auto
Workers, is a labor union representing book authors, journalists,
technical writers, poets and all other freelance writers. It has
locals in 11 cities and at-large membership for those living
elsewhere. It offers grievance handling, contract advice, health
insurance and many other services. For more information on the
NWU, call (212) 254-0279 or email [EMAIL PROTECTED]

FOR THE COMPLETE TEXT OF THE ELECTRONIC BOOKS POSITION PAPER
(16K), EMAIL PHILIP MATTERA: [EMAIL PROTECTED]


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