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Labour and Copyright: Freelance Writing and the Authorship Caste |
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Abstract:
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Today, the vast majority of writers are freelance authors. Leading studies indicate an escalating use of freelance labour in industrialized economies. These studies point to a partial renaissance in self-employment due to changes in industrial organization, technology, and efforts to avoid regulation. Unfortunately, this partial renaissance does not translate into a better livelihood for freelancers. Rather, freelancers face unsavoury conditions vis-à-vis mainstream publishers who are global actors and technologically sophisticated. This relationship of subjugation is fortified by the laissez-faire copyright system, purportedly in place to protect creators. Publishers no longer exploit freelance works solely in print but do so through a host of different media. Freelancers receive little, if any additional revenue, do not consent to these new means of exploitation and struggle to earn a living as professional authors. Meanwhile publishers justify their need to appropriate their future copyrights through unilateral non-negotiable standard terms and court action. The recent Supreme Court of Canada Robertson v Thomson Corp decision exemplifies this ongoing struggle. This paper takes an unexpected turn. Instead of (justifiably) rebuking the copyright system, the discussion turns to labour principles for assistance. Would it be viable to treat freelancers as employees for copyright purposes? As employees or as some other potentially more remunerative category, freelancers might be assured fairer compensation and benefits. Still, due to the overwhelming evidence that independent contracting will continue to define future work and that freelancers value their independence as professional writers, freelancers must seek other creative solutions to break out of their caste. |
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Association:
Name: The Law and Society Association URL: http://www.lawandsociety.org
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Citation:
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MLA Citation:
| D'Agostino, Giuseppina (Pina). "Labour and Copyright: Freelance Writing and the Authorship Caste" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada, May 27, 2008 <Not Available>. 2013-05-06 <http://citation.allacademic.com/meta/p236503_index.html> |
APA Citation:
| D'Agostino, G. , 2008-05-27 "Labour and Copyright: Freelance Writing and the Authorship Caste" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada <Not Available>. 2013-05-06 from http://citation.allacademic.com/meta/p236503_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Abstract: Today, the vast majority of writers are freelance authors. Leading studies indicate an escalating use of freelance labour in industrialized economies. These studies point to a partial renaissance in self-employment due to changes in industrial organization, technology, and efforts to avoid regulation. Unfortunately, this partial renaissance does not translate into a better livelihood for freelancers. Rather, freelancers face unsavoury conditions vis-à-vis mainstream publishers who are global actors and technologically sophisticated. This relationship of subjugation is fortified by the laissez-faire copyright system, purportedly in place to protect creators. Publishers no longer exploit freelance works solely in print but do so through a host of different media. Freelancers receive little, if any additional revenue, do not consent to these new means of exploitation and struggle to earn a living as professional authors. Meanwhile publishers justify their need to appropriate their future copyrights through unilateral non-negotiable standard terms and court action. The recent Supreme Court of Canada Robertson v Thomson Corp decision exemplifies this ongoing struggle. This paper takes an unexpected turn. Instead of (justifiably) rebuking the copyright system, the discussion turns to labour principles for assistance. Would it be viable to treat freelancers as employees for copyright purposes? As employees or as some other potentially more remunerative category, freelancers might be assured fairer compensation and benefits. Still, due to the overwhelming evidence that independent contracting will continue to define future work and that freelancers value their independence as professional writers, freelancers must seek other creative solutions to break out of their caste. |
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