PUC: Forwarded FYI

[Guillermo Verdecchia]

Apologies for cross-postings

Forwarded from the Saskatchewan Writers Guild Mailing List:


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+++ please distribute via email and list-serv +++

TERLA-chaptersglobe.com UPDATE, November 19, 1998
By Robert Labossiere, Executive Director, TERLA
For further information contact rlabossiere at interlog.com

The use of the full text of book reviews first published on print on the
World Wide Web requires the specific authorization of the writer.
Publication of the work electronically without such authorization
constitutes copyright infringement.

For some months now, the Globe and Mail has been pressuring freelancers to
sign a standard form agreement that gives the Globe unlimited rights to use
the work electronically. Where a freelancer has not signed such an
agreement, the Globe has stooped to stamping the payment cheque stub with
words to the effect that they are purchasing all print and electronic
rights. Such stamps are legally unenforceable. The Globe would not be
resorting to such tactics if copyright were not at issue, if they did not
require specific authorization in writing.

The Globe is also exploiting authors’ works on its own database InfoGlobe
and more recently in a joint venture database with Dow Jones Interactive.
Staggering amounts of money are being invested in electronic projects that
are generating revenues yet authors are receiving nothing.

I met with Chapters V.P. David Hainline on November 9, 1998. He expressed a
desire to see the matter resolved but did not suggest how that might
happen.
He did not admit liability but took the matter back with a promise to get
back to me shortly. We have been playing telephone tag yesterday and today.

The chaptersglobe.com issue is particularly aggravating because the website
project has many corporate and public sponsors, including Canada Council.

A class action lawsuit was launched in 1996 against the Globe for
unauthorized electronic use of authors’ works. Proceedings commence in
January. If you have published in the Globe on a freelance basis and have
not yet joined the class action, please contact Heather Robertson.

The Globe was notified of the chaptersglobe.com copyright problem by TERLA
and responded with a very curt letter that they have the right to use
electronically everything that appears in print. Notwithstanding that
letter, Lib Gibson, Manager of Globe Information Services, recently called
and requested a meeting.

I will report again following this next round of discussions.

---
Robert Labossiere, Executive Director
TERLA - The Electronic Rights Licensing Agency /
La Societe de reconnaissance de droits electroniques
6 Adelaide Street East, Suite 900
Toronto, Ontario CANADA M5C 1H6
Telephone: (416) 868-0200
Toll Free: 1-877-557-4616
Fax: (416) 868-0296
E-mail: rlabossiere at interlog.com


________________________
Greg Nelson
gnelson at canada.com
http://www.puc.ca/gnelson

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