Continued from part one…
Bill Powell (OWAA legal counsel)
- (Practices law in Columbus, MO.)
- (Freelance writer)
- Choice of a business entity. Be yourself. Be professional and accurate.
- Copyright — the right to profit from any creative work.
- Generally the person who creates the work is the owner of the right to copy that work and benefit financially.
- If the person who creates something is an employee, then the employer likely owns the copyright to the work. (Work for hire doctrine)
- There must be a prior, written agreement if this is not the case.
- Independent contractors are not employees, but do work similar to an employee with some restrictions.
- As an IC, the presumption is the IC is the owner. A free-lancer is an IC.
- If a free-lancer signs a contract (work for hire) then they likely give up their copyright ownership.
- Registration of copyright is always encouraged.
- If you do one job and then do freelance work on the side — be able to prove you keep all things separate.
- After March 1, 1989…it is no longer necessary to include the copyright notice. But do so anyway.
- Defamation and slander is two legal areas of trouble for the communicator. Make sure what you say is clearly identified as opinion if you this could be a problem.
- Privacy — the law does protect the privacy of certain information. Know the rules.
- The presenter keeps referencing a book he wrote entitled: “Legal Handbook For Freelancers” by Bill Powell.
- Anything you send out electronic is not private.
- Contracts. The law does not always require a written agreement to be an enforceable contract.
- Be wary of language speaking of “all rights” or “works for hire.”
- If asked to sign a contract, don’t be afraid to modify that contract before agreeing to it.
Michael Furtman (talking on book publishing)
- 1980s were the heyday of outdoor book publishing.
- In about the year 2000, this changed. First to go were the large coffee table books. If people wanted to learn about a subject they turned to these sort of books…then the Internet made things much more available.
- Book companies began being run by bean counters instead of editors. Publishing companies became a very traded commodity.
- Coffee table books are expensive and risky to produce.
- Guide books tend to sell better. People will pay for information to read about where they plan to vacation or travel to.
- Book sales are still good for the presenter, but he points out there is a downward trend.
- Guidebooks are cheap to produce…usually just a few bucks.
- People are reading and writing more than ever…just that much of it is being done on the computer.
- Books can still make money. You need to be aggressive in your marketing to publishers.
- Plus, publishers need to be aggressive in marketing your finished work.
- Publishers will sometimes pay you an “advance” against future royalties.
- Work for hire projects are a one-time sale of your work (no future royalties)
- Self-publishing. Can be very lucrative, but can also be highly risky.
- Pick titles for your books that will stay on the shelves for decades.
- Right now the market is in flux…so much dependent on the Internet.
- Figure out how you as a book writer can tap into the opportunities.
Jody Stemler (communications consultant)
- Be a generalist…but have the expertise by doing your homework when necessary.
- It’s not always what you know, but often it’s who you know. Call on the right people.
- The beauty of being a consultant or writer, you can choose to live anywhere.
- Certain states require a business license if you work out of your house.
- Taxes—pay those estimated taxes.
- Retirement and benefits is all on your own.
- Working from home is great…but you have to be a self-starter to succeed.
- Build relationships to gain clients. Let people know what you are doing.
- Fill a niche. Offer something that other people need.
- As a consultant, know the objectives of your clients.
- You have to be detail oriented knowing what you want to accomplish.
- Meet your deadlines. Establish a project outline.
- Be available, but know that there are times when you are not at work (especially when working from home).
- As a consultant, if you do a good job people are going to hear about it. If you do a bad job, even MORE people are going to hear about it.
- If you do a good job the work will flow.
Chris Hunt (Trout Unlimited, non-profit communicating)
- www.eatmorebrooktrout.com (presenter’s personal website)
- Earned media — getting the word out without spending lots of money.
- TU is reaching out to the blogosphere more than they are to print these days.
- Non-profit outreach is rewarding because you can see it working.
- It can be challenging to get on the radar to share your goals to the media.
- The press generally looks to non-profits as “the good guys.”
- The key is to identify the people who can be most helpful to you.
- Learn how to “use” the media, in a good way.
- Control your message and be consistent. The message needs to correlate with the work the group is doing.
- Be a real person…the media looks for that credibility.
- Take the media outdoors and show them what you are trying to do.
Steve Lightfoot (state agency communicating)
- Works for the Texas Game, Fish and Parks.
- Considers his work a liaison with the general public.
- Working for an agency is not a bad thing…most still have money.
- The traditional communicators are the Public Information officer.
- Many state agencies have their own magazines or publications. Many will accept freelance work.
- Free-lancers can create a niche (such as radio programming) for a department.
- Agencies are now looking to social media (Facebook, Twitter, YouTube, etc.)
- When state agencies have cutbacks, this is usually to their full-time staff. These cuts create opportunities for free-lancers.
- Approach the agency with the concept of providing contract work. It can be lucrative.
- Remember, government has fiscal years. Sometimes at the end of the year there is money that needs to be used. Be there for them to spend it on you.
- Build relationships with the people who make decisions.
- Be willing to do something different. This will get you noticed quicker.
- Government work can get dull…too many forms, procedures, etc. You also have to rely on politicians at times.
- Have to be able to think quick on your feet…be flexible.
Robin Giner (OWAA Executive Director)
- 1927 OWAA was born.
- This is the 83rd annual writer conference.
- About 1,000 individual members with about 300 supporting (corporate) members.
©2010 Jim Braaten. All Rights Reserved. No Reproduction without Prior Permission.
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