Yep.
http://www.youtube.com/watch?v=mj5IV23g-fE
Harlan Ellison on getting Paid. (NSFW)
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Good for him. They'll use his interview as part of "bonus footage" to sell the material, so why shouldn't he make money from it?
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The Daily Show writers sum up the current situation a bit better.
[i]Bound his hands, slit his throat
Three Masons stole his life away
And dumped him in the cold Ontario[/i]
Three Masons stole his life away
And dumped him in the cold Ontario[/i]
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I've run into this recently.
If a company pays me lets say, $800 for two short articles that I write for their company and I agree to give up all rights to that work, they have the right to do whatever they want with that work. If they decide to turn those two stories into something huge, like a play or something, that's their business. I have given up my rights contractually for their money now. Will it suck if they make a zillion dollars off of it? I could have negotiated a contract which ave me a percentage, but I decided that it was best to take the money and run now.
This is a similar process to what happens in science. If you take employment with someone, they get the right to distribute your work in any way they see fit if that's part of your employment agreement. They give you a salary and a lab to do your work.
If writers really wanted to get paid a percentage, they should start working as contractors instead of employees. That way they get their percentage off of everything.
If a company pays me lets say, $800 for two short articles that I write for their company and I agree to give up all rights to that work, they have the right to do whatever they want with that work. If they decide to turn those two stories into something huge, like a play or something, that's their business. I have given up my rights contractually for their money now. Will it suck if they make a zillion dollars off of it? I could have negotiated a contract which ave me a percentage, but I decided that it was best to take the money and run now.
This is a similar process to what happens in science. If you take employment with someone, they get the right to distribute your work in any way they see fit if that's part of your employment agreement. They give you a salary and a lab to do your work.
If writers really wanted to get paid a percentage, they should start working as contractors instead of employees. That way they get their percentage off of everything.
But if doesn't the situation change when that same company calls you and asks permission?bwohlgemuth wrote:I've run into this recently.
If a company pays me lets say, $800 for two short articles that I write for their company and I agree to give up all rights to that work, they have the right to do whatever they want with that work. If they decide to turn those two stories into something huge, like a play or something, that's their business. I have given up my rights contractually for their money now. Will it suck if they make a zillion dollars off of it? I could have negotiated a contract which ave me a percentage, but I decided that it was best to take the money and run now.
If you want to know what I am working on check out these sites:
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FireFlyGoods.com
ThePeopleBlog.com
StealMyMemes.com
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More to come...
OhSoHumorous.com
TopDailyMemes.com
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FortWayneMusic.om
Kwalis.com
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FailUniversity.com
FaceFullOf.com
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StealMyMemes.com
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Right, which is being taken care of in this case. I can't begin to imagine the accounting BS that will start if they pay residuals on every piece of IP. Remember those jokes about the $0.30 checks old celebrities would receive? Now multiply this by 10,000.Working for someone does not automatically make your output "work for hire:" you can negotiate the retention of your IP rights, which is what the Guild is doing.
If the writers guild wants to move towards a pay-per-play model, that's fine. But lots of writers are going to lose their homes when their writing bombs start to catch up with them...