USA: Freelancers Sue Boston Globe Over ''Sweatshops in Cyberspace''

Freelance writers, illustrators, and photographers of the Boston Globe today filed a class action lawsuit on behalf of one thousand freelancers, seeking an injunction in Massachusetts Superior Court against the Globe's unfair and deceptive trade practices.

The lawsuit was filed after the Globe attempted to coerce writers, illustrators and photographers into signing an unfair contract which demands all rights in all mediums to all past, present, and future creative works by freelance contributors. The Globe informed freelancers that they would never be hired again unless they agreed to the paper's demands, which include granting the Globe rights to re-publish in all mediums -- including the Internet -- articles, photographs and illustrations that were previously sold to the paper, for no additional compensation.

The legal action, Marx et. al. v. The Globe Newspaper Co., is supported by three organizations representing freelancers, on behalf of their members who contribute to the Globe: The National Writers Union, Local 1981 of the International Union, UAW; the Graphic Artists Guild, Local 3030 of the International Union, UAW; and the American Society of Media Photographers (AMSP).

"The last thing we need is more sweatshops in cyberspace," said Elizabeth Bunn, Vice President of the International Union, UAW, and director of its Technical, Office and Professional (TOP) Department. "The power of new technology should be harnessed to empower creative workers, not used as a club to re-create 'my-way-or-the-highway'-style working conditions, reminiscent of the 19th century."

"We're not going to stand by while irresponsible publishers impose non-negotiable, retroactive agreements on creators," said Richard Weisgrau, executive director of ASMP. "We're confident that the Massachusetts courts will put a stop to this kind of egregious behavior.

The Globe is attempting a "brazenly deceptive strategy to grab our rights for decades of work in the past for nothing, and for no specified compensation in the future" according to plaintiff Bill Marx, a book critic for the Globe and a member of UAW Local 1981. "The Globe wants to make available under their name, for their exclusive use and profit, the intellectual property owned by freelancers on the Globe's web site, boston.com across the Internet."

"The Globe claims I will be able to retain a copyright interest in my work," said photographer Greg Mironchuk, an ASMP member, who is another of the named plaintiffs. "But what good is that if they force me to give to them the right to take everything I have given them over the years I have worked and allow them to distribute and sell it over the Internet and elsewhere forever?"

The lawsuit, citing Massachusetts laws that prohibit deceptive and coercive business practices, seeks an injunction to strike down the Globe's contract demands, and to nullify the contract for those who felt coerced to sign it, for fear of losing their position with the Globe.

The Globe's coercive and deceptive business practices "would merit a Spotlight Team expose, if these actions were committed by any other company than the Globe itself," said Ira Sills, a Boston labor and employment attorney who is representing Globe freelancers. "We doubt the paper will devote much coverage to its own misbehavior, but the state of Massachusetts has laws which prohibit this kind of unconscionable behavior. We intend to enforce them."

The National Writers Union recently prevailed against the Globe's parent company in a landmark lawsuit, Tasini vs. The New York Times, which established work contributed by freelancers cannot be re-used, electronically or by other means, by a publisher without the consent of the creator. The Times and other publishers, including the Globe, now face uncertain financial liabilities because they routinely violated copyright law by re-selling electronic versions of articles contributed by freelancers without their consent.

Contacts: Jonathan Tasini or Dennis DeMaio, National Writers Union (212) 254-0279, Richard Weisgrau, American Society of Media Photographers (215) 451-2767, Ira Sills, attorney (617) 742-0208

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