The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

Posted by Victoria Strauss for Writer Beware®

Last week, the SFWA Contracts Committee issued this advisory.

SFWA Contracts Committee Advisory on No-advance Contracts

Recently, SFWA's Contracts Committee was made aware of a situation in which a well-liked publisher canceled the publication of a number of books it had contracted to publish. The publisher said the decision was made because of "unexpected changes" at the company. The Committee has reviewed the contract in use, which lacked a provision for such a cancellation. The Committee believes that canceling a contracted book that satisfies the author’s obligations is at odds with the spirit of the contract. Making this situation worse is the fact that these were no-advance contracts. Because no advance was paid, the publisher could make this decision without financial penalties. The authors' books, were, in effect, put in limbo for many months and the authors received nothing but an apology. Besides depriving the authors of the ability to sell the books elsewhere during this delay and putting off any income from the books into the indefinite future, the authors careers suffer as a result.

Publishers of all sizes may find themselves unable to live up to their contractual commitments for a wide variety of reasons, some of which could not have been reasonably anticipated. Hence, the Contracts Committee urges writers to think carefully about signing a contract that provides no advance, or only a nominal advance, while tying up their work for a lengthy period of time. Critically, payment of an advance gives an indication the publisher actually has the financial resources to meet its obligations. Publishers who do not pay advances or pay only nominal advances should include language in their contracts specifying how they can cancel a book and what happens if they should cancel a book, including a specified amount of compensation to the author.

SFWA Contracts Committee
October 25, 2019

Legal Disclaimer: The contract alert should not be understood to be legal advice. The issues presented by contract law are complex. Authors should consult a competent attorney familiar with the business of publishing as well as contract law before signing any contract.

The publisher in question is Fireside Press.

The cancellations were first reported on October 8 by Jason Sanford in his Genre Grapevine column, and discussed on October 9 in Mike Glyer's File 770. Fireside publisher Pablo Defendini issued a statement on October 8, in which he revealed that the five canceled contracts were for manuscripts that were "unpublished and unannounced", and attributed the cancellations to disruptions caused by editorial departures.

Author Meg Elison, one of the canceled authors, did not find this to be a sufficient explanation...and she was livid.



A few days later, Defendini issued an apology. "I can see now how [the cancellation emails] read as callous, uncaring, and dismissive of the authors’ feelings," he wrote. "I’m very sorry for that....My behavior was not consistent with Fireside’s values, and I deeply regret it."

Beyond the Contracts Committee's general warning about no-advance contracts (and if you're part of the small press world, you know how common these are): multiple simultaneous contract cancellations are not frequent or normal, and can signal trouble beyond whatever the publisher offers as an explanation (if it explains at all). Ditto for a publisher that suddenly starts offering to revert rights on request.

Fireside's situation also highlights the risks of signing with a publisher that's essentially a one-person operation (as Defendini admits in his apology). With the best will in the world, the publisher can be sidelined by a single bad event (personal or professional), leading to glitches, errors, and delays in scheduling, payment, and more. Writer Beware's files are stuffed with such stories.

Troubled publishers do recover, or at least hang on. Month9, which canceled dozens of contracts in 2016, is still publishing, as is Permuted Press, which axed an undisclosed number of titles in 2015 (both publishers cited overstocked lists, though in both cases there were other issues as well). In the short term, though, if a publisher is or has been actively shedding writers, it's best to hold off on submitting until it's clearer what's going on.

Posted by Victoria Strauss for Writer Beware®


Last year, California passed a new law, AB-5, intended to make things better for gig economy workers, such as Uber and Lyft drivers, by forcing these companies to provide employee protections and benefits for their freelance workers.

However, the narrowly-written law, which went into effect on January 2, has created unintended consequences for freelance writers, most of whom are independent by preference. If they sell 35 or more pieces to the same company in a year (which can easily happen with short blog posts or  product reviews), the company must treat them as employees rather than freelancers and pay payroll taxes as well as unemployment and other insurances. Even before the law went into effect, companies were laying off California freelancers and seeking replacements in other states.

Book writers may be affected too, under certain specific circumstances.

The article below was originally published by the Authors Guild; I'm re-printing it with permission. This is an issue all writers need to be aware of, as similar laws are under consideration in other states, including New York and New Jersey.


We have been receiving inquiries about California’s new law AB-5 and similar pending legislation in other states that require companies hiring individuals on a freelance basis for labor or services to treat them as employees, unless the individual’s work falls within one of several exceptions. Laws like AB-5 (which goes into effect on January 2) are meant to aid gig economy workers, such as Uber and Lyft drivers, who work for a single company and have no employee protections. They are well-intentioned pieces of legislation, but unless they are narrowly written, they can go beyond protecting gig workers and disadvantage many traditional freelancers who wish to remain independent by overriding existing state agency law.

To be clear, the Authors Guild fully supports employment protections for freelance journalists and authors, and will be lobbying for collective bargaining rights in 2020. Like Uber drivers, writers have no benefits and are often paid less than minimum wage. But forcing writers to work as employees, especially on a state-by-state basis, is not the way to go about it. The situation in California speaks to the importance of deliberation, careful drafting, and getting buy-ins from the various industry groups. Similar “gig worker” bills are in the works in New York and New Jersey. The new draft NJ bill includes a strict, sweeping version of the ABC test. Those working closely on the bill are concerned that freelance journalists will in many cases be treated as employees. We will watch the bill and do our best to ensure that the necessary protections for freelance journalists are added.

* The NY bill attempts to exclude freelance journalists, and we have provided comments to the drafters to make it clearer.* (correction 12.30.19)

AB-5’s 35-Submission Cap

As many of you are aware by now, much of the debate surrounding AB-5 comes down to its 35-submission cap applying to the contributions of freelance journalists, editors, and photographers. When the bill was being negotiated, a coalition of writer and photographer groups, including the Authors Guild, was able to get an exception for freelance writers. Unfortunately, Assemblywoman Lorena Gonzalez, who sponsored the bill, added a cap of 35 pieces per company—meaning that once a freelance journalist or editor submits 36 articles or jobs for the same company in one year, the freelancer must be treated as an employee and the employer must pay California State unemployment and employee insurances.

Many full-time writers today patch together a living from different sources—and they want to keep it that way. Because of AB-5, California freelance journalists writing 35 or more pieces for a single company fear losing clients to writers in states with laxer laws. Indeed, some publications have already stated that they will not hire California freelance writers because of the new law. 35 articles might seem like a lot, but there are plenty of writers who write more than that. Writing a short weekly blog piece for a client could easily put a writer over this limit.

Another problem with treating writers as employees and not freelancers is that employee-writers do not own the copyright in their work; instead, the employer is considered the “author” under copyright law and automatically owns the copyright in its creation. Of course, as most major publications today insist on an assignment of copyright anyway, the practical effect, unfortunately, is the same: the writer gives up copyright. Still, freelance writers who assign copyright can reclaim it after 35–40 years, which is a benefit that employee-writers lack.

Does AB-5 Apply to Book Contracts?

Authors have raised alarm that AB-5 will apply to book writers as well. The Authors Guild has been reviewing the bill from that perspective since it was first introduced. We were assured by those working on the bill that trade book authors are not covered, and we do not see a basis for disagreeing since the bill clearly states that AB-5 applies only to “persons providing labor or services” and authors provide neither “labor” nor “services” under standard book contracts—they instead grant copyright licenses or assignments. Additionally, royalties—even in the form of advance payments—are not considered wages. It is difficult to imagine how a court would conclude that a typical book contract is for labor or services.

Writers with Service-Like Obligations Should Get a Legal Opinion

There are, however, some book-writing agreements that could be considered service agreements and arguably would fall under AB-5, such as work-made-for-hire agreements and contracts where the author has ongoing obligations and the publisher has greater editing ability or control over the content. Authors and writers working under multi-book contracts are most likely to encounter such a situation. These authors’ contracts should be reviewed by an attorney to determine whether they are subject to AB-5. Publishers and authors who want to be certain to retain a freelancer relationship should be careful to make sure the contracts are written as simple license grants and not as services agreements. For instance, the agreement should be written as a copyright grant of a defined work without interim or ongoing obligations, and remuneration should be in the form of royalties and advances against royalties. The writer should also have full control over their work and use their own workspace and tools. As a general rule, it is also recommended that freelance editors and journalists have written contracts that allow them to work when and where they want with no oversight other than approval of the finished work product.

If you have such a contract and are an Authors Guild member, remember that we do review members’ contracts for free. You can send us the agreement using our online form, and our legal team will get you comments and let you know if you need to revise the agreement.

UPDATE 1/16/20: Washington (State, not DC) is contemplating a bill like this as well. From the comments, below:

WA should be on your watchlist, too. An AB5-like bill was just re-introduced in the Senate there, even though it had been defeated last year. It, too, requires writers and other freelancers and independent contractors be hired as employees when their works contribute to the normal business of their clients. The bill ignores a study of independent contractors that was prepared by the Dept of Commerce after the bill's defeat. The study documents that 3/4 of the independent contractors in WA don't need or want the employee benefits touted by the bill's advocates. Between their own efforts and those of their families and friends, they're doing fine. Read the study yourself then write to Sen. Karen Keiser about your opposition to being made employees against your will.

The study: https://app.leg.wa.gov/committeeschedules/Home/Documents/26113?//20902
Senator Keiser: karen.keiser@leg.wa.gov

A similar law may be in the works in Illinois.

UPDATE 1/20/20: This article from Digiday explores the negative impact that AB-5 is already having on freelancers and publishers in California.

Mike Pence’s press secretary tests positive to coronavirus; China reports one new case; Russia reports 10,000 new cases for sixth day in a row

• Coronavirus – latest updates
• See all our coronavirus coverage

Donald Trump has said coronavirus will “go away without a vaccine” and is expecting 95,000 or more deaths in the US, as Mike Pence’s press secretary tested positive for coronavirus.

The president’s comments, at an event with Republican lawmakers, capped a horror week in the US, in which it was revealed unemployment had risen to 14.7%, up from 3.5% in February, with 20 million people losing their jobs in April.

Continue reading...

Found on every continent except Antarctica, donkeys are some of the most well-bred and well-known animals in the world. 

World Donkey Day is a show of respect for one of the most enduring and respectable animals in the Equidae family. 

Throughout history, it has served throughout the world as both a mount and a beast of burden in some of the most challenging terrains and forbidding climates, and has done so with pride and endurance. 

But how much do you know about these surprisingly deep and intelligent creatures? 

Here are some fun facts you probably didn't know. 

NOTE: In our traditional April Fool’s posts, we endeavor to make them credible at the beginning, then crank up the nonsense until the joke becomes obvious. But these days, the idea of knowingly spreading misinformation (even when comically false) sounds exhausting. So here’s our notice ahead of time: This is 100% silliness! Hope it lightens [...]

The chancellor says there have already been "tough times" as the coronavirus outbreak has an impact on the UK and warns "there will be more to come".

KOLKATA, INDIA - OCTOBER 28: Ibrahim Kane of Mali reacts during the FIFA U-17 World Cup India 2017 3rd Place match between Brazil and Mali at Vivekananda Yuba Bharati Krirangan on October 28, 2017 in Kolkata, India. (Photo by Buda Mendes - FIFA/FIFA via Getty Images)

KOLKATA, INDIA - OCTOBER 28: Philip Foden of England reacts during the FIFA U-17 World Cup India 2017 Final match between England and Spain at Vivekananda Yuba Bharati Krirangan on October 28, 2017 in Kolkata, India. (Photo by Tom Dulat - FIFA/FIFA via Getty Images)

CALI, COLOMBIA - SEPTEMBER 28: Cristian Borruto of Argentina reacts after he scores during the FIFA Futsal World Cup Semi Final match between Argentina and Portugal at the Coliseo el Pueblo Stadium on September 28, 2016 in Cali, Colombia. (Photo by Ian MacNicol - FIFA/FIFA via Getty Images)

Portugal's Ricardinho reacts after being defeated by Argentina during their Colombia 2016 FIFA Futsal World Cup match at the Coliseo El Pueblo stadium, in Cali, Colombia on September 28, 2016. / AFP / LUIS ROBAYO

Cristian Borruto (L) of Argentina protects the ball from Joao Matos (R) during the FIFA Futsal World Cup Semi-Final match between Argentina and Portugal at the Coliseo El Pueblo stadium on September 28, 2016 in Cali, Colombia. (Photo by Alex Caparros - FIFA/FIFA via Getty Images)

CALI, COLOMBIA - SEPTEMBER 28: Nicolas Sarmiento of Argentina reacts as his teammate Leandro Cuzzolino scores his team's fifth goal during the FIFA Futsal World Cup Semi-Final match between Argentina and Portugal at the Coliseo El Pueblo stadium on September 28, 2016 in Cali, Colombia. (Photo by Alex Caparros - FIFA/FIFA via Getty Images)

CALI, COLOMBIA - SEPTEMBER 28: Cristian Borruto of Argentina reacts after he scores during the FIFA Futsal World Cup Semi Final match between Argentina and Portugal at the Coliseo el Pueblo Stadium on September 28, 2016 in Cali, Colombia. (Photo by Ian MacNicol - FIFA/FIFA via Getty Images)

CALI, COLOMBIA - OCTOBER 01: Miguel Castro (L) of Portugal conducts the ball next to Hossein Tayebi (R) of Iran during the FIFA Futsal World Cup Third Place Play off match between Iran and Portugal at the Coliseo El Pueblo stadium on October 1, 2016 in Cali, Colombia. (Photo by Alex Caparros - FIFA/FIFA via Getty Images)

CALI, COLOMBIA - OCTOBER 01: Miguel Castro (L) of Portugal conducts the ball next to Hossein Tayebi (R) of Iran during the FIFA Futsal World Cup Third Place Play off match between Iran and Portugal at the Coliseo El Pueblo stadium on October 1, 2016 in Cali, Colombia. (Photo by Alex Caparros - FIFA/FIFA via Getty Images)

Ricardinho of Portugal conducts the ball during the FIFA Futsal World Cup Third Place Play off match between Iran and Portugal at the Coliseo El Pueblo stadium on October 1, 2016 in Cali, Colombia. (Photo by Alex Caparros - FIFA/FIFA via Getty Images)

CALI, COLOMBIA - OCTOBER 01: Bruno Coelho of Portugal conducts the ball during the FIFA Futsal World Cup Third Place Play off match between Iran and Portugal at the Coliseo El Pueblo stadium on October 1, 2016 in Cali, Colombia. (Photo by Alex Caparros - FIFA/FIFA via Getty Images)

Seyed Nazemalsharieh the manager of Iran reacts to a missed opportunity during the FIFA Futsal World Cup Third Place play off match between Iran and Portugal at the Coliseo el Pueblo Stadium on on October 1, 2016 in Cali, Colombia. (Photo by Ian MacNicol - FIFA/FIFA via Getty Images)

Djo (C) of Portugal conducts the ball between Hamid Ahmadi (L) and Ali Hassan Zadeh (R) of Iran during the FIFA Futsal World Cup Third Place Play off match between Iran and Portugal at the Coliseo El Pueblo stadium on October 1, 2016 in Cali, Colombia. (Photo by Alex Caparros - FIFA/FIFA via Getty Images)

Vladislav Shayakhmetov of Russia conducts the ball during the FIFA Futsal World Cup Semi-Final match between Iran and Russia at Coliseo Ivan de Bedout stadium on September 27, 2016 in Medellin, Colombia. (Photo by Alex Caparros - FIFA/FIFA via Getty Images)

With England's amazing 2017 drawing to a close, FIFA headed to the Three Lions' national football centre at St George's Park to talk to their two World Cup-winning managers from this calendar year: U-20 coach Paul Simpson and U-17 coach Steve Cooper.

Joachim Low reacts to the FIFA Confederations Cup Official Draw

Fernando Santos reacts to the FIFA Confederations Cup Official Draw

Ange Postecoglou reacts to the FIFA Confederations Cup Official Draw

Juan Antonio​ Pizzi reacts to the FIFA Confederations Cup Official Draw

Stanislav Cherchesov reacts to the FIFA Confederations Cup Official Draw

Anthony Hudson reacts to the FIFA Confederations Cup Official Draw

Juan Carlos Osorio reacts to the FIFA Confederations Cup Official Draw

El Tri coach Juan Carlos Osorio talks about the expectations and preparations for the CONCACAF champions ahead of the FIFA Confederations Cup Russia 2017.

EIBAR, SPAIN - NOVEMBER 24: Sergio Ramos of Real Madrid reacts during the La Liga match between SD Eibar and Real Madrid CF at Ipurua Municipal Stadium on November 24, 2018 in Eibar, Spain. (Photo by Juan Manuel Serrano Arce/Getty Images)

AL AIN, UNITED ARAB EMIRATES - DECEMBER 18: Chamseddine Dhaouadi of ES Tunis reacts during the FIFA Club World Cup UAE 2018 5th Place Match between ES Tunis and CD Guadalajara at Hazza Bin Zayed Stadium on December 18, 2018 in Al Ain, United Arab Emirates. (Photo by Francois Nel/Getty Images)

AL AIN, UNITED ARAB EMIRATES - DECEMBER 18: Angel Zaldivar of CD Guadalajara reacts after a missed chance during the FIFA Club World Cup UAE 2018 5th Place Match between ES Tunis and CD Guadalajara at Hazza Bin Zayed Stadium on December 18, 2018 in Al Ain, United Arab Emirates. (Photo by Francois Nel/Getty Images)

AL AIN, UNITED ARAB EMIRATES - DECEMBER 18: Marcus Berg of Al Ain reacts during the FIFA Club World Cup UAE 2018 Semi Final Match between River Plate and Al Ain at Hazza Bin Zayed Stadium on December 18, 2018 in Al Ain, United Arab Emirates. (Photo by Francois Nel/Getty Images)

AL AIN, UNITED ARAB EMIRATES - DECEMBER 18: Khalid Eisa of Al Ain reacts after saving a penalty taken by Gonzalo Martinez of River Plate (not pictured) during the FIFA Club World Cup UAE 2018 Semi Final Match between River Plate and Al Ain at Hazza Bin Zayed Stadium on December 18, 2018 in Al Ain, United Arab Emirates. (Photo by David Ramos - FIFA/FIFA via Getty Images)