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I'm enclosing a new set of contracts because our
attorneys advise us not to accept your revisions.
Our position is this: MONEY magazine makes a con-
siderable investment in freelance assignments and
contributes quite significantly to the published
article. We guarantee half the fee and all rea-
sonable expenses whether an article is published
or not. We commit ourselves to the production of
graphics (photos, drawings etc.). More than many
other magazines, our editorial staff also puts much
time and effort into the preparation, editing and
fact-checking of each article. The published ar-
ticle is often considerably improved by staff ef-
forts.

This is at some variance with the implications in
the position paper of the American Society of Jour-
nalists and Authors. It characterizes the author
as the sole creator of the work. In our experience,
at least, the magazine staff collaborates in creat-
ing the published article.

If you aren't willing to sign the contract as writ-
ten, I'd appreciate hearing from you right away, so
that we can make other arrangements.

With best wishes,

Brillen

Bob Klein

RJK/ncr

CREATOR'S
WAREALTY

4. CREATOR warrants and represents that to the best of CREATOR'S knowledge all WORKS submitted hereunder are original and have not becn 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.

NO OBLIGATION
TO PUBLISH

RIGHT TO
TERMINATE

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:

NOTICES

When to MEREDITH:

When to CREATOR:

Editorial Development and

Planning Manager
Meredith Corporation
1716 Locust
Des Moines,

Iowa 50336

8. This agreement is non-assignable by CREATOR.

NON-ASSIGN-
ABILITY

BINDING
EFFECT

INDEPENDENT
CONTRACTORS

9. This agreement is binding upon the heirs, executors, administrators and successors to any of the CREATOR's rights.

19. 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.

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Money

TIME & UFE BUILDING ROCKEFELLER CENTER

NEW YORK NY 10020 JUOSON 6 1212

ROBERT KUIN Sono Loto

December 4, 1979

Dear

I'm enclosing a new set of contracts because our
attorneys advise us not to accept your revisions.
Our position is this: MONEY magazine makes a con-
siderable investment in freelance assignments and
contributes quite significantly to the published
article. We guarantee half the fee and all rea-
sonable expenses whether an article is published
or not. We commit ourselves to the production of
graphics (photos, drawings etc.). More than many
other magazines, our editorial staff also puts much
time and effort into the preparation, editing and
fact-checking of each article. The published ar-
ticle is often considerably improved by staff ef-
forts.

This is at some variance with the implications in
the position paper of the American Society of Jour-
nalists and Authors. It characterizes the author
as the sole creator of the work. In our experience,
at least, the magazine staff collaborates in creat-
ing the published article.
If you aren't willing to sign the contract as writ-
ten, I'd appreciate hearing from you right away, so
that we can make other arrangements.

With best wishes,

Bobklein

Bob Klein

RJK/ncr

OUTLINE OF EVENTS with "Money" ma gazine and agreement letter.

December 1979. Evelyn Kaye

1. On September 19 I sent "Money" three ideas. After a follow-up

phonecall, Robert Klein, an editor there, called me and asked
me to do an article on one of them, on religion and taxes.
We discussed the arrangements and it was a pleasant talk.

2. I made a few preliminary calls for the piece. Then the

enclosed agreement letter arrived. I called Klein and
asked about two things:
a) all rights whatsoever
b) the rights to my reference materials
He said that they "like to have " all rights, though they
treat writers fairly if there are reprints. They want to
keep the research to stop the writer doing the same piece

for a rival magazine.
3. I crossed out "all rights", wrote in "first North American

rights", decided that the reference materials clause would be immaterial because he would like the piece, and signed.

4. Klein called back. The lawyers would not accept an altered

letter of agreement. We talked about it again, and I said
I really didn't know what to do, because I really wanted to

do the piece. He sent me two more agreement letters.
5. I spoke to Grace Weinstein, Julian Block and Norman Schreiber

who have written for "Money." Apparently this is a new development and they had not seen this letter before, though Time/Life magazines are always tough with freelancers. It is also possible to negotiate around the agreement "in real life,"

even if you sign. 5. I called Klein again, and tried to persuade him that it would

be more in keeping with the new Copyright Law if I amended my letter. He said "I hate that letter but we have to live with it. We need all rights in case we reprint in our annual journal, and if you won't sign, l'11 give the story to another writer." I thought about it overnight and called him back. "I don't like the thought of that piece of paper lying in some lawyer's file with my name on it." He said "Then I'll give

the piece to someone else." 6. I made one call back, poidting out it was my idea in the

first place, but he said "ideas are in the public domain and this one has been around for a couple of years, though your suggestion did spark it off." End of saga: December 7.

TO:

This will confirm our arrangement for you to write for MONEY magazine an original, unpublished 1,200-word article about

For all rights of whatever sort including copyright throughout the world to the manuscript and supporting material, which shall be delivered by December 19, 1979, MONEY will pay you $1000, to be paid half on delivery and half when your contribution has been set in type for publication. In addition, we will reimburse you for reasonable expenses incurred in preparing the article; receipts for items of $25 or more should be sent along with your expense account. In the event that the manuscript is not set in type for publication, it is expressly acknowledged that, nevertheless, MONEY shall be the sole proprietor of all rights to all material created by you under this agreement, and shall have the right to utilize it as source or reference material as it may determine.

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