Media lawyer advises freelancers to beware of indemnity clauses
As indemnification clauses continue to appear in freelance contracts, one media lawyer advises freelancers to be careful what they sign. Daniel Burnett, with Vancouver’s Owen Bird Law Corporation, said the potential consequences of indemnifying a publication against expenses that might arise from a defamation lawsuit could be devastating.
“Indemnity for a possible lawsuit that might arise from something a freelancer writes, to a typical freelancer, would be like their life savings, potentially. Because litigation is so expensive,” he said.
Burnett has been practicing media law for close to 30 years and is among the most prominent lawyers in the country in the areas of freedom of expression and media law. He has served as lead counsel on landmark cases in the Supreme Court of Canada. Although he is not involved in either the publisher or freelancer side of negotiating freelance contracts, he has heard about the increasing prevalence of indemnification clauses. He has not seen specifics, but says the trend is concerning.
“If a media publisher got an article written by a freelancer and had the freelancer sign an agreement indemnifying them in the event of any legal action, that would mean indemnifying them for the cost of the action, win or lose,” he said. “A lot of times with libel suits, the fees end up well in to the six figures. And a freelancer, for the sake of one article paying a few hundred bucks, might be potentially risking personal bankruptcy.”
Potential risks of liability
Burnett said that although there are some stories and articles that carry virtually no risk, he would consider most freelance assignments to have some potential risk of liability. A sophisticated freelancer, he said, will usually have some idea which stories pose a risk.
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Off the Wire: News for the Canadian media freelancer July 31-Aug 7
Once a week, we gather stories about the media business, journalism, writing, communications, and freelancing—with a Canadian focus—and share them in Off the Wire. Who needs a water cooler?
From Canada:
- Journalism programs struggle to adapt to changing times [J-Source]
- Working Media Podcast: Eternity Martis [J-Source]
- SABEW shucks “American” and emphasizes a new, global focus [Canadian Magazines]
From The U.S. and beyond:
- For journalists, is it time to delete your old tweets? [Poynter]
- How to remain organized and motivated as a freelancer [Freelance Writing Jobs]
- Tip: Check freelance fees before you pitch with “Who Pays Writers” [Journalism.co.uk]
- How to tell when unpaid internships are opportunities, when they’re an abuse [Poynter]
- How I land high paying clients without paying [The Freelancer]
- The importance of blogging for freelancers [Freelance Writing Jobs]
- After Publishing Largely Plagiarized Story, Bust Magazine Offers Extensive Mea Culpa [Jezebel]
- 4 essential editing tips for freelance writers [Freelancers Union]
Recently on Story Board:
- Mid-summer salvo from CMG Freelance president Don Genova: As freelancers wend our way through summer I hope everyone has some sort of opportunity to take time for yourself and not your clients. While you’re resting, just a few items to bring you up to date on the CMG Freelance world…
- Associate Members program welcomes new coordinator: Canada’s free union membership program for media students, volunteers, and precarious media workers has a new leader at the helm…
Spot a story you think we should include in next week’s Off the Wire? Email the link to editor@thestoryboard.ca or tweet us at @storyboard_ca.
Mid-Summer Salvo from CMG Freelance President Don Genova
As freelancers wend our way through summer I hope everyone has some sort of opportunity to take time for yourself and not your clients.
I know, I know, freelancers never take vacation! But seriously, for your physical and mental health, take a break.
While you’re resting, just a few items to bring you up to date on the CMG Freelance world.
CBC Temps and Freelancers
The first item is so complicated it’s hard to get down in less than a thousand words. So I’ll give you the ‘elevator pitch’ version: CBC’s Business Affairs department suddenly issued an edict a few months ago that would have forced people who both temp AND freelance at the Corporation to choose one form of employment or another.
This is all tied up in concerns with the Employment Standards Act, CRA, and a perceived conflict of interest in a freelancer using their temp status to secure freelance work. Like I said, it’s complicated. What Business Affairs didn’t realize is that this ‘new way’ of doing things was causing considerable upheaval and stress for temps, freelancers, their supervisors and the admin folks responsible for administering payments.
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Associate Members program welcomes new coordinator
Canada’s free union membership program for media students, volunteers, and precarious media workers has a new leader at the helm.
CWA Canada’s Associate Members program has brought Nasr Ahmed on board as its new program coordinator. He comes to the role from CBC in Toronto, where he worked for close to six years after starting out as an intern at CBC Sports.
Ahmed said he became a labour activist long before he was actually a member of a union. The Associate Members program’s focus on youth is what attracted him to his new job.
“Something that I always found troubling about the labour movement was that there wasn’t really an avenue for young voices to be heard,” he said. “There’s not really any kind of plan for people to get into the union at a young age and for there to be any kind of succession plan for the old guard. And I think the Associate Members program is a great way for young people to understand what a union is on a very baseline level and then to actually participate in the union.”
Because the membership is non-dues paying, said Ahmed, it allows young people to get involved and learn about the value of unionization early on in their careers.
“It gets them familiarized with a union, what it can do for you, what you can contribute to the union as well. It’s just a great kind of starting point for people,” he said.
Know your rights
Off the Wire: News for the Canadian media freelancer July 24-30
Once a week, we gather stories about the media business, journalism, writing, communications, and freelancing—with a Canadian focus—and share them in Off the Wire. Who needs a water cooler?
From Canada:
- New documentary will look at state of Canadian journalism industry [J-Source]
- Stories North course brings journalism students to Yukon [J-Source]
- Great Canadian Longform is curating the best of Canadian non-fiction writing [J-Source]
From The U.S. and beyond:
- Who suffers when local news disappears [CJR]
- How to create an online portfolio that grabs clients’ attention [Freelancers Union]
- We asked, you delivered: Your writing tips — and one reporting tip [Poynter]
- Late payments shouldn’t be part of the territory for freelancers [Freelancers Union]
- Ask TON: Who should trim long drafts? [Open Notebook]
- How to prepare to be a freelancer [Family Circle]
- Tip: How to get your freelance career off to the best start [Journalism.co.uk]
Recently on Story Board:
- Travel writing tips from writer and editor Jennifer Bain: Jennifer Bain was a travel editor at The Toronto Star before she took a buyout in April. She is currently freelancing as a travel writer and completing a master of fine arts degree in creative non-fiction…
- Freelancers: “Level up” at the PWAC & CMG Freelance conference in Toronto September 20-23: For the first time, PWAC’s annual conference is being co-presented by CMG Freelance. The schedule of events is packed full of useful professional development and networking opportunities…
Spot a story you think we should include in next week’s Off the Wire? Email the link to editor@thestoryboard.ca or tweet us at @storyboard_ca.
Travel writing tips from writer and editor Jennifer Bain
by Monte Stewart
Jennifer Bain was a travel editor at The Toronto Star before she took a buyout in April. She is currently freelancing as a travel writer and completing a master of fine arts degree in creative non-fiction.
In this Q&A, she discusses some of her experiences as a freelance writer and travel section editor and provides tips on how freelancers can get travel stories published.
What are editors looking for in travel story pitches?
Every editor and every publication is different. There’s no one answer fits all. Analyze every publication and learn every editor’s quirks. But the starting point: Why this story, why now, why you. I’m big on transparency. I attach a resume and links to recent clips. I say where I am based, when I travelled or expect to travel, and whether the trip was self-funded or a press trip that I have a spot on or need an assignment to secure a spot on. You’d be shocked at how many people ignore these basics.
What makes a good travel story?
Every story needs characters. It needs real people and quotes and colour and detail.
How did you get started in travel writing?
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Freelancers: “Level up” at the PWAC & CMG Freelance conference in Toronto September 20-23
Freelance writers, mark your calendars for the Professional Writers Association of Canada’s “Level Up: The Conference,” scheduled for September 20 to 23 in Toronto. For the first time, PWAC’s annual conference is being co-presented by CMG Freelance. The schedule of events is packed full of useful professional development and networking opportunities.
The theme of this year’s conference is “Freelancers Level Up” and the panels and workshops are aimed at helping freelancers reach the next level with their writing businesses. Subjects of this year’s panel discussions include contracts, collaboration, book writing, and social media, among others. The weekend will also include a “working tour” of the St. Lawrence Market and Kensington Market, which will give participants an opportunity to find story ideas while sightseeing, as well as a speed networking and mentorship session.
CMG Freelance branch president Don Genova will be leading several sessions, and will be joined for a workshop on contracts by independent journalist Alison Motluk. Tassia Poynter, an employment and labour lawyer with the CMG’s law firm, Cavalluzzo, will also be presenting during the conference.
At the end of the weekend, observers are welcome to attend PWAC’s Annual General Meeting, which will be held on Sunday, September 23.
For more information or to register for the conference, check out the 2018 conference program on PWAC’s website. And check back over the next few weeks as more speakers and panelists are confirmed.
Don’t wait too long to register: Early Bird registration ends on August 16.
Off the Wire: News for the Canadian media freelancer July 17-23
Once a week, we gather stories about the media business, journalism, writing, communications, and freelancing—with a Canadian focus—and share them in Off the Wire. Who needs a water cooler?
From Canada:
- National Observer aiming to raise $1 million to build audience [J-Source]
- Can reporting on vulnerable people do more harm than good? [J-Source]
- Trust in local news shaken over racetrack controversy in B.C.’s Cowichan Valley [The Discourse]
From The U.S. and beyond:
- Visual storytelling tips from creators of Humans of New York [Journalism.co.ik]
- 4 Ways Reading “Bad Writing” Can Actually Make You a Stronger Writer [The Write Life]
- A day in the life of Maryn McKenna [Open Notebook]
- CJR Special Report: Photojournalism’s moment of reckoning [CJR]
- As local newsrooms shrink, college journalists fill in the gaps [Poynter]
- How to create a successful podcast in five steps [Newsrewired]
Recently on Story Board:
- It’s time for government to act on a growing abuse of workers: As Ottawa considers revisions to federal labour standards, it’s time for a reckoning: thousands of workers in this country are wrongly and deliberately misclassified as ‘independent contractors’ and they’re being ripped off. And so is the federal government. Tax coffers are likely out millions of dollars because of the sham…
Spot a story you think we should include in next week’s Off the Wire? Email the link to editor@thestoryboard.ca or tweet us at @storyboard_ca.
It’s time for government to act on a growing abuse of workers
Why Canada should follow others and take on fake ‘independent contractors’
An op-ed by Lise Lareau, Canadian Media Guild and Chris Roberts, Canadian Labour Congress
As Ottawa considers revisions to federal labour standards, it’s time for a reckoning: thousands of workers in this country are wrongly and deliberately misclassified as ‘independent contractors’ and they’re being ripped off. And so is the federal government. Tax coffers are likely out millions of dollars because of the sham.
The scheme is not new. But it’s growing – and now pervasive in such wide-ranging industries as construction, IT, academia, media and the new so-called ‘gig’ economy. What is new is that other Western countries, governments and regulators are cracking down.
Just last month, the California Supreme Court tightened up the definition of independent contractor dramatically, and the Irish government proposed a ‘Protection of Employment Bill’ aimed at what they call ‘bogus self-employment’. This year, Ontario placed the onus on employers to prove a worker is not an employee and put 175 new inspectors in place to monitor workplaces. So some change is on the horizon, but more is needed.
Employers have many reasons for pretending that their workers are independent contractors. It’s cheaper and easier. There are fewer obligations, next to no basic standards to meet – and there’s been little oversight by government to ensure correct classification.
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Off the Wire: News for the Canadian media freelancer July 10-16
Once a week, we gather stories about the media business, journalism, writing, communications, and freelancing—with a Canadian focus—and share them in Off the Wire. Who needs a water cooler?
From Canada:
- Public broadcasting, private boardrooms: Inside the push to put workers on CBC’s board of directors [J-Source]
- Vice Canada hit with round of layoffs [J-Source]
- Business Boost: 10 Ways Writers Can Beat the Summer Slowdown [PWAC Toronto]
From The U.S. and beyond:
- 3 ways to build a work-life balance [Freelancers Union]
- Boss Of Northside Fest & Brooklyn Mag Has Refused To Pay Freelancers For Years, Ex-Employees Say [Gothamist]
- Using true crime to teach Indigenous history: Reporter Connie Walker on ‘Finding Cleo’ [CJR]
- The Freelance Whisperer Explains How He Built a Full-Time, Jet-Setting Career [The Freelancer]
- 6 essential tips for beginning freelancers [Freelancers Union]
- 3 Times I Haven’t Been Paid and What They All Had in Common [The Freelancer]
Recently on Story Board:
- 5-Minute Freelancer Q&A #36 — Sharon J. Riley: Sharon J. Riley got her start in journalism as an intern at Harper’s magazine. Researching and fact checking for the publication gave her a foundation in journalism from which to start writing her own feature stories…
Spot a story you think we should include in next week’s Off the Wire? Email the link to editor@thestoryboard.ca or tweet us at @storyboard_ca.
