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Writers support fight for e-rights, raise funds to cover 20K+ legal fees
Woman spends over $20 K fighting for rights of freelance writers to get paid for electronic reproduction of their work. National writer's association to hold music 'jam' session to raise funds for continued fight.
TORONTO, Canada (PRWEB) February 16, 2004 --Want to see your fellow scribes play rock star for an evening to support writers rights? If so, swing on by the Only in Paradise Café on Friday, February 20, 2004, as the Periodical Writers Association of Canada (PWAC) presents a night of song, celebration and electronic rights.
PWAC Torontos first-ever Jam 4 Justice" will feature the musical talents of the Paradise Café house band, a veritable jukebox of rock, pop and rhythm and blues tunes. For a Toonie a Tune" members of the audience are invited to join the band and strut their stuff on stage.
Proceeds from the Jam for Justice will go to the Heather Robertson class action lawsuit fund, also known as the Heather Robertson Fight for E-Rights. A freelance writer, Ms. Robertson has been engaged in epic struggle with the Thomson media chain for the past seven years (Robertson vs Thomson). The outcome of her struggle will have implications for the entire print media industry.
Ms. Robertsons case centers on the issue of electronic reproduction, specifically, the common practice among newspapers and magazines of publishing a freelancers work first in print format then again in electronic format, on a website.
Does secondary publication in cyberspace mean the freelancer is entitled to more compensation? Does signing a contract giving a paper or magazine first print" rights automatically imply the granting of electronic rights for the same article?
Ms. Robertson believes the answers to these questions are yes" and no" respectively. Media lawyers disagree, and have been fighting Ms. Robertson in the judicial arena.
Ms. Robertson and her legal team have spent over $20,00 during their long struggle (and expect to spend another $20,000 in disbursements if this goes to the Supreme Court, as is expected). Fund-raising has covered most of this expense, but the battle continues, as does the need for financial support. Hence, the Jam 4 Justice.
Tickets for this fully licensed event are a mere $10 at the door. An additional $2 lets you sing or play along with the house band on a song of your choice.
Doors open at 7 pm, with the band scheduled to begin playing at 8 pm.
The Only in Paradise Café is located at 360 Queen St. East, at the corner of Queen St. E. and Parliament in downtown Toronto.
The Periodical Writers Association of Canada (PWAC) is a national organization representing the interests of freelance, non-fiction writers. PWACs website is located at www.pwac.ca.
Media inquiries only, contact:
Leslie Smith
Incumbent President
Toronto chapter of PWAC
smithlesliec@cs.com
Nate Hendley
Incoming President
Toronto chapter of PWAC
nhendley@interlog.com
Heather Robertson: heatherrob@sympatico.ca. Phone: (905) 833-7179
Event: Jam 4 Justice
Date: Friday, February 20, 2004; 7 pm
Place: Only in Paradise Café, Toronto
360 Queen St. E. (Queen St. E. & Parliament)
Price: $10 at the door
Background Information
Periodical Writers Association of Canada (PWAC) from June 16, 2003
Heather Robertson awarded PWAC's Lawrence Jackson Award
The Periodical Writers Association of Canada (PWAC) is pleased to announce that Heather Robertson is the recipient of its 2003 Lawrence Jackson Memorial Award of Achievement. Heather Robertson deserves this special acknowledgment for her willingness to lead a class-action suit representing freelance and staff writers against the Thomson Corporation and others regarding unauthorized use of literary and artistic works on the Internet and other media prior to 1996.
This case was precedent-setting, occurring at a time when journalists were going to court in several countries to challenge violations to copyright by media corporations that threaten their livelihood as independent writers. Robertson's commitment to carry through with this challenge cannot be underestimated. She has spent countless hours on the case over the last seven years, on top of the incredible emotional, mental and physical stress. Robertson has stood firm, despite the risk to her career in terms of avenues that may or may not remain open in the marketplace.
PWAC President Michael OReilly commented that "Heather Robertson's case is an important initiative to protect the livelihood of independent writers, which is central to PWAC's mandate. It's a pleasure to offer our formal recognition of her unflinching resolve for the benefit of all."
Robertson's lawyers, McGowan Elliott & Kim, are currently appealing the Ontario Superior Court ruling of October 2001, which granted part but not all of the suit. Justice Peter Cumming found categorically and emphatically that copyright in freelancers' stories reproduced in Thomson's electronic media, including CD-ROMs, remained with the writers. However, Judge Cumming found that a license to reproduce work was not a "proprietary interest" and did not have to be obtained in writing.
The grounds for the appeal are that:
| | - as per the Copyright Act, Section 13(4), copyright licenses from freelance writers must be in writing.
- staff writers at the Globe and Mail are entitled to restrain publication of their work in CD ROMs and on-line databases.
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Heather Robertson has been a professional writer for nearly 40 years and has published more than a dozen books of fiction and non-fiction. She has written for many Canadian magazines and was a columnist for Maclean's for four years. She won the Books in Canada Best First Novel Award in 1984 and the National Business Book Award in 1995. She is a founding member and past President of PWAC.
The Periodical Writers Association of Canada, founded in 1976, represents more than 500 professional freelance writers across Canada. For the past 11 years, PWAC has recognized outstanding contributions and exemplary commitment and service by its members through the Special Achievement Award. In 1998, this award was renamed to honour the memory of former PWAC President and Newfoundland writer Larry Jackson.
Last October, Justice Peter Cumming of the Ontario Superior Court decided a motion for partial summary judgment, brought by class lawyers McGowan Elliott & Kim, asking for a permanent injunction preventing Thomson from disseminating in electronic media two freelance works by class representative Heather Robertson, and one staff story by class member Cameron Smith, all originally published in The Globe and Mail. The intent of the motion was to provide a "test case" to enable lawyers for both sides to argue the key copyright issues without a full trial; if, however, there was sufficient conflicting evidence to warrant a trial, the judge had no authority to grant an injunction.
Judge Cumming found categorically and emphatically that copyright in freelancers' stories reproduced in Thomson's electronic media, including CD-ROM, remained with the writers: since our stories were accessed individually, they were not covered by the publisher's copyright to the "collective work," the newspaper or magazine.
However, Judge Cumming found that a licence to reproduce our work was not a "proprietary interest" and did not have to be obtained in writing.
Both sides are expected to appeal these decisions.
For further information, contact:
Periodical Writers Association of Canada
National Office
54 Wolseley St, Suite 203
Toronto, Ontario, M5T 1A5
Tel: (416) 504-1645
Fax: (416) 504-9079
PWAC Web Site:
http://www.pwac.ca
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