Comments on: Associated Content–Residual Thousandths of Cents http://allfreelancewriting.com/2010/01/08/freelance-writing-jobs/writers-markets/associated-content-residual-thousandths-of-cents/ Your Freelance Writing Resource Fri, 10 Feb 2012 00:17:27 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Sid http://allfreelancewriting.com/2010/01/08/freelance-writing-jobs/writers-markets/associated-content-residual-thousandths-of-cents/comment-page-1/#comment-13978 Sid Thu, 14 Jan 2010 12:05:38 +0000 http://allfreelancewriting.com/?p=3837#comment-13978 Great article. May be a hybrid model--get your own contract writing and also post articles to content mills--would work? Sid Great Income from Freelance Technical Writing http://www.bukisa.com/articles/103342_great-income-from-freelance-technical-writing Great article. May be a hybrid model–get your own contract writing and also post articles to content mills–would work?

Sid
Great Income from Freelance Technical Writing
http://www.bukisa.com/articles/103342_great-income-from-freelance-technical-writing

]]> By: Yolander Prinzel http://allfreelancewriting.com/2010/01/08/freelance-writing-jobs/writers-markets/associated-content-residual-thousandths-of-cents/comment-page-1/#comment-13916 Yolander Prinzel Mon, 11 Jan 2010 16:49:15 +0000 http://allfreelancewriting.com/?p=3837#comment-13916 I think your cats would be very insulted if you even considered such a thing Jenn. I think your cats would be very insulted if you even considered such a thing Jenn.

]]> By: Jennifer Mattern http://allfreelancewriting.com/2010/01/08/freelance-writing-jobs/writers-markets/associated-content-residual-thousandths-of-cents/comment-page-1/#comment-13895 Jennifer Mattern Sun, 10 Jan 2010 02:42:51 +0000 http://allfreelancewriting.com/?p=3837#comment-13895 You definitely do have the right to be listed as the author. There is absolutely no excuse for them removing your name. Unfortunately though, based on their terms that writers agree to and the way user-generated content is covered in the U.S. they couldn't really get in trouble for paying "too little" and they don't have to remove anything once rights were granted (which they are the moment someone submits that content). So even though you own the copyright, they've been granted an irrevocable license based on the terms, and that's the reason they don't have to remove anything regardless of pay. The only exception would be if they guaranteed a certain amount of pay, which they don't do based on their residual earning pieces. Your situation definitely sucks, but there's not much you can do about it at this point (other than go after them about removing your name). In that case since they're a U.S. company I'd file a DMCA notice informing them that they're in violation of your copyright by publishing it without your by-line and that if they want to keep exercising their license to publish, they must include your credit information as originally submitted. You definitely do have the right to be listed as the author. There is absolutely no excuse for them removing your name.

Unfortunately though, based on their terms that writers agree to and the way user-generated content is covered in the U.S. they couldn’t really get in trouble for paying “too little” and they don’t have to remove anything once rights were granted (which they are the moment someone submits that content). So even though you own the copyright, they’ve been granted an irrevocable license based on the terms, and that’s the reason they don’t have to remove anything regardless of pay. The only exception would be if they guaranteed a certain amount of pay, which they don’t do based on their residual earning pieces.

Your situation definitely sucks, but there’s not much you can do about it at this point (other than go after them about removing your name). In that case since they’re a U.S. company I’d file a DMCA notice informing them that they’re in violation of your copyright by publishing it without your by-line and that if they want to keep exercising their license to publish, they must include your credit information as originally submitted.

]]> By: Marina http://allfreelancewriting.com/2010/01/08/freelance-writing-jobs/writers-markets/associated-content-residual-thousandths-of-cents/comment-page-1/#comment-13894 Marina Sat, 09 Jan 2010 22:58:25 +0000 http://allfreelancewriting.com/?p=3837#comment-13894 I do not see AC as forum or social media, but as a publisher or at least agent, because they present themselves to writers in that way. And even if you post on the forum, technically you still own the copyright to your words, and it is still your property, and you have a right to be identified as an author if you want. I don’t know about US, but in UK copyright is created at the moment words were written and it belongs to the author. One doesn’t have to specially register it, or put any copyright sign next to it, or anything. For example: I own these words. The relationship between the forum owner and person posting is usually informal and based on trust, and I guess some kind of contract is assumed based on common practice. To be honest, I don’t care what kind of scheme AC invented to cover their backside, I am still very dissatisfied with their practices and wouldn’t advise anyone to go near them. I do not see AC as forum or social media, but as a publisher or at least agent, because they present themselves to writers in that way. And even if you post on the forum, technically you still own the copyright to your words, and it is still your property, and you have a right to be identified as an author if you want. I don’t know about US, but in UK copyright is created at the moment words were written and it belongs to the author. One doesn’t have to specially register it, or put any copyright sign next to it, or anything. For example: I own these words. The relationship between the forum owner and person posting is usually informal and based on trust, and I guess some kind of contract is assumed based on common practice.
To be honest, I don’t care what kind of scheme AC invented to cover their backside, I am still very dissatisfied with their practices and wouldn’t advise anyone to go near them.

]]> By: Jennifer Mattern http://allfreelancewriting.com/2010/01/08/freelance-writing-jobs/writers-markets/associated-content-residual-thousandths-of-cents/comment-page-1/#comment-13892 Jennifer Mattern Sat, 09 Jan 2010 22:23:10 +0000 http://allfreelancewriting.com/?p=3837#comment-13892 @Marina -- There's a big difference between agreeing to pay money and agreeing to get money though. That's why here in the U.S., courts won't go in and simply say a contract is void because pay isn't fair. Especially in the day of user-generated content, there's really nothing to say you have to be paid for submissions at all if you agree to terms to transfer some rights upon publication. Forums for example generally have a nonexclusive right to whatever you post, and they never have to remove it just because the poster wants it deleted (only in cases where libel, copyright infringement b/c the poster posts someone else's work, etc., and even then generally only by court order). I was just noting that's the way it is in the U.S. Might be different in the U.K. @Yo - LOL But if I gave her my cat hair what would truly be the point of having a black couch and two white-bellied kitties? I like to think they're just trying to help me decorate. :) @Marina — There’s a big difference between agreeing to pay money and agreeing to get money though. That’s why here in the U.S., courts won’t go in and simply say a contract is void because pay isn’t fair. Especially in the day of user-generated content, there’s really nothing to say you have to be paid for submissions at all if you agree to terms to transfer some rights upon publication. Forums for example generally have a nonexclusive right to whatever you post, and they never have to remove it just because the poster wants it deleted (only in cases where libel, copyright infringement b/c the poster posts someone else’s work, etc., and even then generally only by court order). I was just noting that’s the way it is in the U.S. Might be different in the U.K.

@Yo – LOL But if I gave her my cat hair what would truly be the point of having a black couch and two white-bellied kitties? I like to think they’re just trying to help me decorate. :)

]]> By: Yolander Prinzel http://allfreelancewriting.com/2010/01/08/freelance-writing-jobs/writers-markets/associated-content-residual-thousandths-of-cents/comment-page-1/#comment-13891 Yolander Prinzel Sat, 09 Jan 2010 19:06:26 +0000 http://allfreelancewriting.com/?p=3837#comment-13891 I'm glad you guys are enjoying the series! Be sure to check out next Friday's...it is easily the Worst. Site. Yet. Also, you actually can spin cat hair into yarn and make purses and other items out of it. A groomer in the U.S. does that for her clients and charges quite a bit for the service. Watching her spin the hair was pretty calming and did make me contemplate buying a spinning wheel. I’m glad you guys are enjoying the series! Be sure to check out next Friday’s…it is easily the Worst. Site. Yet.

Also, you actually can spin cat hair into yarn and make purses and other items out of it. A groomer in the U.S. does that for her clients and charges quite a bit for the service. Watching her spin the hair was pretty calming and did make me contemplate buying a spinning wheel.

]]> By: Marina http://allfreelancewriting.com/2010/01/08/freelance-writing-jobs/writers-markets/associated-content-residual-thousandths-of-cents/comment-page-1/#comment-13889 Marina Sat, 09 Jan 2010 18:54:55 +0000 http://allfreelancewriting.com/?p=3837#comment-13889 Oh I wasn’t referring to minimum wage. I was talking in general about contracts. For example: everyone agrees to banks’ terms when they open accounts, but thousands of people get their fees back if they can justify that those are unfair even if they signed the agreements to pay those exact amounts. A friend of mine had business contract made void in court as unfair. My partner and I had big reduction on water rates ones; we complained that prices were unfair and that it is unfair that they are monopoly. What I am saying is that terms of contract might not be necessarily binding, especially considering that I did not receive any compensation for my work. But it doesn’t matter really. I don’t have plans to sue them or anything. I pretty much forgot about it till I saw your post. I am just sharing my experience that’s all. And about calling them a scam, lots of people already called them a scam all over the Internet and gave them very bad reviews. This is another my big mistake. It is so easy to check a company’s reputation online, if it has been around for a while. But I didn’t bother, which was beyond naïve of me. I learned from that. Oh I wasn’t referring to minimum wage. I was talking in general about contracts. For example: everyone agrees to banks’ terms when they open accounts, but thousands of people get their fees back if they can justify that those are unfair even if they signed the agreements to pay those exact amounts. A friend of mine had business contract made void in court as unfair. My partner and I had big reduction on water rates ones; we complained that prices were unfair and that it is unfair that they are monopoly. What I am saying is that terms of contract might not be necessarily binding, especially considering that I did not receive any compensation for my work. But it doesn’t matter really. I don’t have plans to sue them or anything. I pretty much forgot about it till I saw your post. I am just sharing my experience that’s all.
And about calling them a scam, lots of people already called them a scam all over the Internet and gave them very bad reviews. This is another my big mistake. It is so easy to check a company’s reputation online, if it has been around for a while. But I didn’t bother, which was beyond naïve of me. I learned from that.

]]> By: ranacseruet http://allfreelancewriting.com/2010/01/08/freelance-writing-jobs/writers-markets/associated-content-residual-thousandths-of-cents/comment-page-1/#comment-13886 ranacseruet Sat, 09 Jan 2010 15:51:41 +0000 http://allfreelancewriting.com/?p=3837#comment-13886 Hi, Thanks for sharing your thoughts in this way. I am getting inspired. Although I am learning to write some good quality article on my blog related to my expertise, it may help me to earn also by writing. I will keep writing and learning how to write more informative way... Hi, Thanks for sharing your thoughts in this way. I am getting inspired. Although I am learning to write some good quality article on my blog related to my expertise, it may help me to earn also by writing. I will keep writing and learning how to write more informative way…

]]> By: Jennifer Mattern http://allfreelancewriting.com/2010/01/08/freelance-writing-jobs/writers-markets/associated-content-residual-thousandths-of-cents/comment-page-1/#comment-13884 Jennifer Mattern Sat, 09 Jan 2010 13:38:51 +0000 http://allfreelancewriting.com/?p=3837#comment-13884 Generally courts don't get involved in "unfair" rates for independent professionals from what I've seen. I don't claim to know UK law thoroughly, but here for example minimum wage does not apply because you're a business and not an employee. Digital contracts are usually just as binding as paper ones, and if that hadn't also been upheld in the UK then AC probably wouldn't accept UK submissions. In the end, the terms of use are a contract that users are bound by as soon as they make the choice to submit material to a site. I do agree that they had absolutely no right to remove your name from the article. I can't imagine why they would do that -- seems rather strange. So I hope you can at least get that straightened out. I understand your outrage, but unfortunately it's a fact of life when it comes to content mills (why I don't support them here and try to steer writers away from them for more lucrative opportunities if they're serious about making a career out of it). It's not technically a scam though, and stating so borders on libelous so be careful about that. The last thing you want is to give them any other reason to cause you grief at this point. I'd suggest just steering clear of them. It's really not worth the aggravation you seem to be getting from it. So I'd say take it as a "live and learn" experience and move on to better things. They really are out there. :) Generally courts don’t get involved in “unfair” rates for independent professionals from what I’ve seen. I don’t claim to know UK law thoroughly, but here for example minimum wage does not apply because you’re a business and not an employee.

Digital contracts are usually just as binding as paper ones, and if that hadn’t also been upheld in the UK then AC probably wouldn’t accept UK submissions. In the end, the terms of use are a contract that users are bound by as soon as they make the choice to submit material to a site.

I do agree that they had absolutely no right to remove your name from the article. I can’t imagine why they would do that — seems rather strange. So I hope you can at least get that straightened out.

I understand your outrage, but unfortunately it’s a fact of life when it comes to content mills (why I don’t support them here and try to steer writers away from them for more lucrative opportunities if they’re serious about making a career out of it). It’s not technically a scam though, and stating so borders on libelous so be careful about that. The last thing you want is to give them any other reason to cause you grief at this point. I’d suggest just steering clear of them. It’s really not worth the aggravation you seem to be getting from it. So I’d say take it as a “live and learn” experience and move on to better things. They really are out there. :)

]]> By: Marina http://allfreelancewriting.com/2010/01/08/freelance-writing-jobs/writers-markets/associated-content-residual-thousandths-of-cents/comment-page-1/#comment-13881 Marina Sat, 09 Jan 2010 10:24:28 +0000 http://allfreelancewriting.com/?p=3837#comment-13881 Hi Jennifer. Yes, I should have been much more careful initially. I realise that I was naïve. However, this is not an excuse to use me. The thing is as far as I know, correct me if I am wrong, here in UK according to NUJ, unless a publisher has a paper agreement signed by me and have evidence that I received payment they cant possibly own anything exclusive. And I have a right to be named as an author regardless. And even if my actions constituted contract, it can still be overruled by the court as unfair, if it ever comes to that. For example: those rates nowhere near fair rates recommended by the NUJ. And AC never paid me anything anyway. Hence, as far as I am concerned my article is still my property and they are stealing from me. One’s private terms cannot overrule the law and common sense or slavery would have been legal then. Also, in the past, I have started first with paper/printed magazines. AC is my very first experience like this, I was not used to this kind of things. I did not expect such treatment. Hence, I am outraged. I am genuinely shocked that US legislation allows such scams grow to such proportions. This experience sure thought me to be much more careful. Hi Jennifer.

Yes, I should have been much more careful initially. I realise that I was naïve. However, this is not an excuse to use me.

The thing is as far as I know, correct me if I am wrong, here in UK according to NUJ, unless a publisher has a paper agreement signed by me and have evidence that I received payment they cant possibly own anything exclusive. And I have a right to be named as an author regardless. And even if my actions constituted contract, it can still be overruled by the court as unfair, if it ever comes to that. For example: those rates nowhere near fair rates recommended by the NUJ. And AC never paid me anything anyway. Hence, as far as I am concerned my article is still my property and they are stealing from me. One’s private terms cannot overrule the law and common sense or slavery would have been legal then.

Also, in the past, I have started first with paper/printed magazines. AC is my very first experience like this, I was not used to this kind of things. I did not expect such treatment. Hence, I am outraged. I am genuinely shocked that US legislation allows such scams grow to such proportions. This experience sure thought me to be much more careful.

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