Harlan Ellison on getting Paid. (NSFW)

lbanks · Post by **lbanks** » Sun Nov 18, 2007 7:12 pm

Yep.

http://www.youtube.com/watch?v=mj5IV23g-fE

bwohlgemuth · Post by **bwohlgemuth** » Sun Nov 18, 2007 10:51 pm

Ladies and Gentlemen, the "Metallica" of the Writer's Guild.

Don't get me wrong, authors should be paid for the artistic works. This guy seems to think he should be paid every time someone takes a sh*t thinking of his works on Babylon 5.

lbanks · Post by **lbanks** » Mon Nov 19, 2007 2:17 am

If its his work and they will pay, why shouldn't he?

Sankofa · Post by **Sankofa** » Mon Nov 19, 2007 8:33 am

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?

Bjart Sod · Post by **Bjart Sod** » Mon Nov 19, 2007 11:13 am

The Daily Show writers sum up the current situation a bit better.

bwohlgemuth · Post by **bwohlgemuth** » Mon Nov 19, 2007 11:40 am

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.

Sankofa · Post by **Sankofa** » Mon Nov 19, 2007 5:29 pm

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.

But if doesn't the situation change when that same company calls you and asks permission?

Silencio · Post by **Silencio** » Mon Nov 19, 2007 5:32 pm

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.

bwohlgemuth · Post by **bwohlgemuth** » Mon Nov 19, 2007 6:09 pm

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.

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.

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...