The New York Times 229 WEST 43 STREET NEW YORK, NY 10036 MEMORANDUM TO REGULAR CONTRIBUTORS The copyright law requires that we spell out the basis for transactions with you. This memorandum governs all assignments, whether we make them over the telephone or in writing. This is necessarily an all inclusive statement and covers those who write for the daily paper, the Sunday magazine, the Book Review, etc. Our standard agreement with contributors is that all their material accepted by The New York Times is considered "work made for hire". This gives us all rights in the material throughout the world for which they are paid the regular fee, per diem page rate or whatever is agreed at the time of the assignment. This does not change the fact that when you write for The Times you do so as an independent freelance contributor, not as an employee of The Times. Acceptance of your next check constitutes acceptance of this policy. Please refer any questions to the editor with whom you regularly deal. AMERICAN SOCIETY OF JOURNALISTS AND AUTHORS, INC. 1501 Broadway, Suite 1907, New York NY 10036 ● (212) 997-0947 Enclosed are additional examples of contracts that seek EXECUTIVE DIRECTOR Dorothy Stearn BOARD OF DIRECTORS PRESIDENT June Roth EXECUTIVE VICE PRESIDENT John H. Ingersoll VICE PRESIDENTS Dodi Schultz, Ruth Winter SECRETARY Evelyn Kaye TREASURER Alden Todd REGIONAL CHAPTER CHAIRPERSONS MIDWEST Barbara Goodheart NORTHERN CALIFORNIA Donna Goldfein SOUTHERN CALIFORNIA James Joseph WASHINGTON DC Shirley Sirota Rosenberg PAST PRESIDENTS Maurice Zolotow. Temple Fielding, Donald Robinson, Morton Sontheimer, James Poling, Robert L. Heilbroner, Morton Hunt. Better September 8, 1981 Dear Quite possibly you're aware that the new Copyright Law, which went into effect January 1, 1978, requires certain action in order that the work we receive from free lance contributors will continue to meet Meredith's requirement to have full rights to the material we publish. In setting up the assignments free lancers do for us, we use a single agreement that covers all of the necessary points in advance. This way all subsequent separate assignments and correspondence pertaining to them need not deal with legal terms. Instead, we'll be in position to simply concentrate on the individual assignments, the schedules, and the payments to you. In short, we can deal with the legal aspects once and for all and then focus on the work at hand. We want to emphasize that our requirements to have full rights to material we purchase are the same as they've always been. We're simply taking this necessary step to enable us to continue fulfilling this need. We're enclosing the agreement for your review. Will you please sign one copy and return it for our files. The assignment cannot go into effect until the signed agreement is received. Many thanks for your cooperation. We look forward to working with you. MASTER AGREEMENT WORK HIRE PAYMENT REVERSIONARY 1. CREATOR shall from time to time create separate works, such as contributions, articles, photos, etc. (hereinafter WORKS) for MEREDITH as requested by MEREDITH. During the term of this agreement all of the WORKS created by CREATOR for MEREDITH are "work made for hire" unless specifically designated otherwise in writing by CREATOR and MEREDITH. However, in the event any WORK is not a "work made for hire" CREATOR 2. In return, MEREDITH shall pay CREATOR for the separate WORKS This Master an amount to be determined by CREATOR and MEREDITH. Agreement may be supplemented from time to time by separate writings (generally known as work acceptance letters, day rate photography forms or manuscript billing forms) which specify WORK to be created. 3. In the event any assignment or transfer of a WORK is subsequently terminated in the manner provided by the Copyright Act of 1976 (17 U.S.C. Sec. 203) and the owner of the termination interest in the WORK shall offer to assign, license or otherwise transfer the WORK or any part of the WORK to others, that owner shall first offer MEREDITH the right to secure the same interest upon the same terms and conditions as offered to others. MEREDITH shall accept or reject such an offer within thirty (30) days of receipt. CREATOR'S NO CBLIGATION RIGHT TO NOTICES NON-ASSIGN- BINDING INDEPENDENT 4. CREATOR warrants and represents that to the best of CREATOR's knowledge all WORKS submitted hereunder are original and have not been previously published or, if previously published, that written consent to use has been obtained on an unlimited basis; that to the best of CREATOR's knowledge, all WORKS or portions thereof obtained through CREATOR from third parties are original or, if previously published, that written consent to use has been obtained on an unlimited basis; that CREATOR has full power and authority to make this agreement; that to the best of CREATOR's knowledge the WORK prepared by CREATOR does not contain any scandalous, libelous, or unlawful matter. CREATOR will hold MEREDITH harmless for any breach of this warranty. CREATOR does not warrant originality of any materials provided by MEREDITH to CREATOR. 5. MEREDITH is not obligated to publish the WORK. MEREDITH has the right to edit the WORK and use the WORK in any manner desired and also has the right but not the obligation to identify the CREATOR. 6. This agreement may be terminated by either party upon fortyfive (45) days written notice to the other. 7. All notices and payments made with respect to this agreement shall be addressed as foliows: 9. This agreement is binding upon the heirs, executors, administrators and successors to any of the CREATOR's rights. 10. Both CREATOR and MEREDITH are and shall continue to be, independent contractors and neither shall be or represent itself to be, an agent, employee, partner or joint venturer of the other. MEREDITH and CREATOR accept and agree to all of the promises set forth. |