Important freelancer court hearings underway in Montreal

Canadian freelance writers should be paying close attention to hearings currently underway at the Palais de Justice in Montreal. We have some essential background about the case up on the PWAC Quebec website, but the quick summary is that the Electronic Rights Defense Committee is asking a judge to decide in favor of letting a class action lawsuit proceed against the Montreal Gazette and other related parties.

The case began over a decade ago when freelancers discovered that their work for The Gazette was being loaded into paid databases such as Infomart (now FPinfomart). The writers argue that they never gave the paper the right to electronically reproduce their work; the paper says consent was implied. Obviously, there are more details to both arguments, but that's the basic dispute.

I was in court yesterday morning to present a letter of support for the ERDC on behalf of PWAC. You can read it below. Unfortunately, the publishers' lawyers objected to me reading the letter into evidence, so it was not heard by the court. But Judge Eva Petras allowed me to give some brief testimony wherein I attempted to communicate the importance of electronic rights, and the fact that many PWAC members would potentially be part of the class action if the case was permitted to proceed. I also attempted to explain that electronic rights are often taken from writers without their consent, but that raised an objection from The Gazette's lawyer. So, it was a brief court appearance for me, but the ERDC seemed pleased.

One humorous moment came when the ERDC's lawyer unwrapped a pie and used it to demonstrate that writers make the pie but then the entire pie resides with publishers when they take our rights and don't offer compensation for them. The judge, who is very pleasant and professional, allowed the pie demonstration to run its course. Some of the lawyers form the other side also took the opportunity to make comments about not being tempted by our delicious pie. For the record, my understanding is that it was a strawberry pie.

The hearings continue today and tomorrow in room 16.01 at the courthouse.

PWAC's LETTER

Honourable Justice Eva Petras, j.c.s,

The Professional Writers Association of Canada appreciates this opportunity to provide support to the Electronic Rights Defence Committee’s request for class action authorization. PWAC, established in 1976, is a national organization representing 600 professional freelance writers and journalists across Canada. It has followed the ERDC’s case with interest and support since 1997 when class action proceedings were begun.

PWAC maintains the principle that copyright must remain with the creator unless explicitly relinquished. Too many Canadian writers now have to contend with protecting their rights. We agree with many of the organizations represented here today in saying that the terms of many contracts being issued are simply untenable for a working writer. This is a sad message being sent throughout the industry.

A freelance writer’s livelihood is dependent upon the freelance work they do for various publications. We have a strong interest in seeing that electronic rights are fairly negotiated in the contracts with media organizations, particularly with regards to compensation and copyright. Obviously, extended rights are valuable or media organizations would not be demanding them, so what they are saying to writers is, “We value the rights you have over your work, but not enough to pay for them.”

There is an increased reliance on freelance writers (“independent contractors”) within the media in Canada, and freelance writers have always positioned themselves as equal partners in producing content. Clearly, there is a need for change in the contractual arrangements so the industry can move forward with a positive understanding of the rights of writers.

Sincerely,

Carolyn Gibson, National President, PWAC
John Degen, Executive Director, PWAC

February 26, 2008 | Filed Under Freelancing, Montreal Gazette 

Comments

2 Responses to “Important freelancer court hearings underway in Montreal”

  1. PWAC’s letter of support for the ERDC « PWAC Quebec on February 26th, 2008 3:26 pm

    [...] into the record. He did however get the opportunity to offer some testimony, which he wrote about here. The hearings continue today and tomorrow in room 16.01 at the Palais de Justice. They are open to [...]

  2. Fagstein » Freelancers vs. The Gazette on February 27th, 2008 6:17 pm

    [...] For more information, check out the blogs of ERDC members Mary Soderstrom and Jack Ruttan (Day 1, Day 2). (UPDATE: And Craig Silverman.) [...]

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