By: Randy Dotinga Writers Union Targets Knight Ridder-Owned NewsLibrary
Ten months after a landmark victory in a copyright battle, a union of
freelance writers is preparing to demand restitution from as many as 119
newspapers with online archives.
In preparation for a possible lawsuit, the National Writers Union is
compiling a list of freelancers whose work appears in the NewsLibrary
database, run by Knight Ridder's MediaStream Inc. NewsLibrary.com directs consumers to the
archives of both Knight Ridder newspapers and properties owned by other
chains.
'You may be owed money for abuse of your copyright, and the NWU wants to
get it for you,' union president Jonathan Tasini said in a June 30 e-mail
to members.
The NWU plans to file informal grievances against the newspapers and Knight
Ridder of San Jose, Calif., Tasini said in an interview this week. 'This is
a financial ticking time bomb for newspapers,' said Tasini, who declined to
say how many writers have responded to his e-mail.
The 5,500-member NWU has already flexed its muscles in court, although the
true extent of its victory over the nation's most influential newspapers
remains to be seen.
In September, the 2nd U.S. Circuit Court of Appeals ruled that The New
York Times and six other defendants ? including the parent company
of Lexis-Nexis ? infringed on the rights of freelancers by including
their work in electronic databases without their permission.
No monetary damages have yet been awarded to the individual freelancers
involved in the lawsuit. The case has been appealed to the U.S. Supreme
Court, Tasini said.
Meanwhile, the NWU is supporting a lawsuit by freelancers against The
Boston Globe. That lawsuit contends the Globe is forcing
freelancers to sign contracts allowing the newspaper to reproduce their old
and new work without extra pay.
The Globe has denied that its contracts are improper.
Tasini declined to say why the NWU is targeting the Knight Ridder database,
which the union says includes stories from 119 newspapers ranging from
The Philadelphia Inquirer and The Boston Globe to the
Watertown (N.Y.) Daily Times and The Bakersfield
Californian. Articles can be accessed for a charge between $1 and
$2.95, depending on the newspaper. In some cases, the archives go as far
back as the late 1970s and early 1980s.
Tasini said Knight Ridder owes freelancers money because it operates the
database. 'If you contribute to an act of infringement (of copyright),
you're liable,' he said.
But Knight Ridder spokesperson Lee Ann Schlatter disagreed. The NewsLibrary
database is only a 'gateway,' and Knight Ridder isn't responsible for the
activities of the individual newspapers that aren't part of the chain, she
said.
The archives of those newspapers 'do not reside on any Knight Ridder
computers or databases,' she said. She added that freelancers should
contact individual newspapers about any concerns they may have about
copyright violations.
The NWU plans to do just that. After gathering information from both
members and non-members, the NWU will turn to local union grievance
officers, Tasini said.
'They go to publishers on behalf of individuals or as a mass grievance and
say, 'Look folks, here's a grievance, you owe people money, pay up,''
Tasini said. 'We win about 90% of those grievances, which get resolved out
of the official legal arena.'
If that doesn't work, the NWU will look at launching a lawsuit, he said.
Tasini indicated that the NWU has a formula to determine how much
free-lancers are owed for the use of their archived stories. But he
declined to elaborate.
Publishers have said it is impossible to determine how often stories by
freelancers have been accessed or how much revenue has been made from them.
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