New York Chapter of the National Writers Union  (UAW Local 1981)

Between The Lines Bulletin

Newsletter of the New York Chapter

National Writers Union (UAW Local 1981)

July 2010

BETWEEN THE LINES

Editor: Louis Reyes Rivera 

Louisreyesrivera@aol.com

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Part I: All Heads Up

1. Upcoming Harlem Book Fair

2. September’s Brooklyn Book Fest

3. Reminder: Cell Phone Numbers Gone

Public 

4. Help A Compatriot Writer

 

Part II: News & Noteworthy

 

5. NWU at U.S. Social Forum (reported by Susan E. Davis)

6. Serious Notes from NWU President Goldbetter

(a) from Susan E. Davis & Paul J. MacArthur (GCD) 

(b) Membership Numbers

(c) Oh, Canada!

(d) NWUSO

7. NWU/NY Poet Releases New Book

8. PEN Launches Pen Reads Online

 

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Part I: All Heads Up

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1. Upcoming Harlem Book Fair

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The New York Chapter of the NWU will have a display table at the Harlem Book Fair, on Saturday, July 17, 2010, from 10 a.m. through 6 p.m., on West 135 Street, from Fifth Avenue to Adam Clayton Powell Blvd. (aka 7 Avenue). The numbers 2, 3 trains to 135 Street station leave you right there, as does the Metro North train to the 125 Street station.

This year’s event is a one-day affair. This single largest gathering of African American authors and independent publishers is always jam-packed with activities, including panel discussions, literary readings, musical performances, book signings and vending.

As part of NWU efforts to remain viable to its members and visible to all potential recruits, as well as to the general public, we urge our members to participate by bringing copies of their books for sale. Interested parties should contact Louis Reyes Rivera at Louisreyesrivera@aol.com. Help staff our table while browsing, buying, selling and networking throughout a lovely afternoon. Rivera, by the way, will be featured on a panel discussing writers' rights (July 17, at 3 p.m., Thurgood Marshall Academy)..

 

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2. September’s Brooklyn Book Fest

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The New York Chapter of the NWU will also have a full canopy and two display tables at the Fifth Annual Brooklyn Book Fest, Sunday, September 12, 2010, from 10 a.m. to 6 p.m. Each year the festival features a multicultural array of authors, bookstores, literary organizations and publishers from around the country with as many as 30,000 potential book buyers browsing.

This one takes place at Boro Hall Park, downtown Brooklyn (2, 3, 4, 5 trains to Borough Hall station; the R to Court Street, or the A, C, F trains to Jay Street/Borough Hall; Long Island Railroad to Atlantic Avenue Terminal).

As part of NWU efforts to remain viable to its members and visible to all potential recruits and to the general public, we welcome chapter members to participate by bringing copies of their books for sale. Interested parties should contact Louis Reyes Rivera at Louisreyesrivera@aol.com. Help staff our table while browsing, buying, selling, networking and enjoying what is usually a lovely afternoon.

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3. Reminder: Cell Phone Numbers Gone Public 
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Please be reminded that all cell phone numbers have been released to all telemarketing companies and that you, too, may start receiving unsolicited sales calls. The key here is that You Will Be Charged For These Calls unless you call the following number from your cell phone: 1.888.382.1222. This is the national DO NOT CALL phone number. It will only take a minute of your time, and you will be able to block your number from unwanted calls for up to five (5) years.

You must call from your cell phone number in order to have that number blocked. You cannot call from a different phone number. Please feel free to pass this note to others you know. It takes about 20 seconds. For further information regarding this situation, go to www.donotcall.gov/default.aspx.

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4. Help A Compatriot Writer

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[Editor’s Note: We received the email below and thought it appropriate to pass this on to our members.]

Dear Friends and Colleagues:

An important poet and author of the Puerto Rican diaspora is in urgent need of aid, after becoming homeless due to serious health complications.

As many of you know, Aurora Levins Morales is a lifelong activist, writer and historian, author of such groundbreaking books as Remedios: Stories of Earth and Iron from the History of Puertorriqueñas (1998), Medicine Stories: History, Culture and the Politics of Integrity (1998), and Getting Home Alive (with her mother, Rosario Morales, 1986), as well as a key contributor to well-known anthologies – Telling to Live: Latina Feminist Testimonios (2001), and This Bridge Called My Back: Writings by Radical Women of Color (1981).

Currently a Poet-On-Assignment for Pacifica's Flashpoints, she remains active in Puerto Rican, Jewish, anti-racist, environmental, anti-war, Latin America solidarity and disability liberation movements.

For several years, Aurora has been struggling with increasingly serious environmental and other chronic illnesses and disabilities (including chronic fatigue syndrome, epilepsy, diabetes, a possible MS diagnosis and genetic liver enzyme malfunction, as well, as a survivor of stroke and multiple head injuries). She has just become homeless due to mold contamination of her apartment and needs to find new housing immediately, though she has a place to stay until July 9. She needs to remain in the Berkeley, CA, area where she has a support network and disability services, including a doctor familiar with her complex condition, but she requires a stable, non-toxic home to follow the treatment protocol.

She had to leave subsidized low-income housing which provided her with a small apartment with a home office for $750, and will now have to pay the market rate, with studios going for $1000-1500, and one-bedrooms at $1100-2500. Aurora is entirely dependent on support from her elderly parents, whose pension fund pays her bills.

In addition to the costs, her doctor has told her that unless she can find a non-toxic home, her already serious condition will continue to worsen. This means no carpeting, gas appliances, scent-free laundry facilities, no vinyl flooring or particle board cabinets, no new paint and no mold. This is a hard combination to find at any price.

Let's show Aurora that we have her back. Let’s practice the time-tested tradition de ayudar al prójimo (to help the next one). Please forward this to your contacts and send a check (any amount welcome) to: Aurora Levins Morales, c/o 1232 Peralta Street, Berkeley, California 94706.

Housing leads in the Berkeley area will also be most appreciated. Contact Aurora Levins Morales at aurora@historica.us. Interested parties should also visit the following site to learn more about the housing crisis for people with chemical injuries: www.reshelter.org.

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Part II: News & Noteworthy

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5. NWU at U.S. Social Forum:

Reported by Susan E. Davis

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[Editor’s Note: The US Social Forum is a social justice network of progressives from various organizations who meet, teach, organize and debate issues most currently affecting the planet. It provides a working venue for formulating solutions to economic and ecological crises, and, in so doing, attempts to “build a powerful multi-racial,… inter-generational, diverse, inclusive, internationalist movement that transforms this country and changes history” through workshops, plenary sessions, and general networking.] 

Dear Friends:

Four officers of the NWU, Larry Goldbetter, Karen Ford, Amy Rose and Susan E. Davis, represented the union at last month's U.S. Social Forum (USSF) in Detroit [June 22-26]. An unofficial NWU attendee but a valuable addition to our team was Jeremy, Karen's son, who, at 15, is a burgeoning poet/performance artist.

SEM member Adele Nieves was the media coordinator for the USSF. Though we didn't see her, we were aware of the essential organizational role she played there. SEM treasurer Tom Shram helped staffed our lit table on Wednesday while the four of us either gave or attended our two workshops. (Amy's husband, Ed, made a valuable contribution by creating two large posters that identified our table in the expo hall and our literature in the Media Center.)

Al Weinrub from the Bay Area NWU Chapter helped out at the table between sessions. Charlotte Dennett from NWU’s Vermont/At Large was on a panel where she discussed her new book. All three of them attended the NWU reception that Amy hosted at her house on Friday night.

To give you the big picture, we were told that approximately 10,000 people – multigenerational, but with many more youth than those over 50, people of all nationalities, movement activists and academics – participated in the USSF at the huge Cobo Hall in downtown Detroit. There were around 1,000 workshops over the course of five days from June 22 to 26 on a wide range of subjects – from environmentalism to community organizing, LGBTQ rights, rights for domestic workers, and the need for socialism. There were dozens of tables in the expo area (at least eight long rows in a huge hall) with people selling T-shirts, jewelry and books, or giving away political (position) papers or asking for signatures on a wide range of petitions.

There were also a series of marches in Detroit that highlighted such things as the need for jobs, a moratorium on foreclosures and evictions, and against the banks, as well as a protest march focusing on the recent police shooting of a seven-year-old girl, Aiyanna Jones, in a botched drug raid of her home.

After Larry carried our banner in two of the marches, we taped it to one wall of the expo hall with other banners and signs.

In addition to the UAW (Detroit is its home base, after all) and Local 1199 of the Service Employees Union in NYC, the NWU was the only other union represented. Many people who came by the table said things like, "I didn't know there was a union for writers," and took our literature, which included the membership form, FAQ, Contract & Grievance advice, the Digital Bill of Rights, and the Writers of Color brochure. In addition to the literature, what people also appreciated were new NWU pens in florescent yellow with NWU contact info printed on them. (Chapters need to let Karen know if they could use them at local events.)

Workshops:

Karen gave a morning workshop on various issues confronting writers (like the need for the proposed federal shield law to include freelancers and bloggers and why blogs – like examiner.com – which claim they pay contributors, really cheat writers and must be exposed as a total rip-off. Karen pasted large sheets of paper on the walls and asked those attending to share their ideas about how to organize and to make these issues writer-friendly.

After beginning with an intro about the union, Karen discussed eight issues in depth, and her enthusiasm for the topics encouraged the ten attendees to participate in a lively discussion.

Amy and Sue led an afternoon workshop, which was about getting paid for your work; they also focused on the need to protect one’s copyright. Amy opened the session with an introduction about the work of the Grievance and Contract Division and defined intellectual property issues. Sue followed with a general discussion of what the union has done and is doing to defend copyright –  every thing from winning the Tasini case (NY Times, et al, vs. Tasini) to our opposition to the Google Book Settlement. There was also a good discussion involving the twenty attendees with people asking a lot of questions related to their particular work.

Between the two workshops, we gathered about 20 names and got another 25 at the table. Not surprisingly, many attendees were from the surrounding area and were glad to know we had a local chapter. Karen and Amy are sending out follow-up emails.

Given that our workshops were hard to locate at Wayne State University (the promised shuttle between Cobo Hall and WSU never materialized, so people had to walk or take infrequent public buses), we were pleased with the turnout at our sessions. We made sure everybody left with a membership form and other literature. We hope the seeds we planted during the sessions and at the table will lead to new members either now or sometime in the future.

Submitted in solidarity,

Susan E. Davis

National Contract Advisor

Book Division Co-Chair

New York Chapter Co-Chair

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6. Serious Notes From NWU President Goldbetter

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(a) from Susan E. Davis & Paul J. MacArthur (GCD)

Dear Member: 

The NWU has learned that some of our members may be receiving letters/ contract amendments from John Wiley & Sons related to its acquisition of Bloomberg Press. In short, it appears Wiley is trying to impose less favorable terms on authors with existing Bloomberg Press contracts.

If you receive one of these letters/contract amendments from Wiley, do not sign it without first contacting the NWU Grievance and Contract Division at

advice@nwu.org. The NWU Grievance and Contract Division will set you up with a Contract Advisor who will provide free expert advice.

            It's important to remember that you are under no obligation to sign an amendment to an existing contract. You should only sign an amendment if you get the terms you want. If you don't agree to a proposed amendment, the original contract remains in force.  So, please do not sign any contract amendment until you have had the opportunity to review it with an NWU Contract Advisor.

(b) Membership Numbers

With a week still to go in June, we have processed 68 renewals and 24 new memberships. These are modest numbers and will probably improve slightly in the last week. It may not be enough to show a net gain when the membership report comes out.

(c) Oh, Canada!

This past Thursday, June 24, VP Karen Ford and I traveled to Toronto (a four-hour drive from Detroit) to meet with members and potential members about building a chapter in Canada. This is based on the petition of 500 Canadian authors who opposed the Google Book Settlement and made contact with us. This could be an exciting development for us, though I’m not looking for anything quick or easy. This can be the next step in a building process which can grow over time.

(d) NWUSO

This past June 9, I met with Boston Co-Chair and NWUSO President Charles Coe and Akil Pinckney to begin a discussion on how we can revitalize and make more use of NWUSO [National Writers Union Service Organization] and its 501C(3) status. For a long time, its sole function has been the Bell Weather Project every two years. We began to discuss ways the NWUSO can play more of an educational role and extend the union’s reach. I met briefly with NWU member and NWUSO Treasurer Mitzi Runyard at the UAW convention as well.  We are planning a meeting of the NWUSO Board in Boston in late September.

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7. NWU/NY Poet Releases New Book

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NWU New York Chapter member Anne Whiteman has recently released her latest collection of poetry, Bear in Mind (Finishing Line Press, 2010), which is now available at $14.00 per copy. Interested parties can order the book online at www.finishinglinepress.com (click on New Releases) or via snail mail at Finishing Line Press, Post Office Box 1626, Georgetown, KY 40324.

Anne Whiteman is available for book signings, readings and lectures. Interested parties may contact her via email at cabianca@earthlink.net. Her web site is at www.annewhitehouse.com.

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8. PEN Launches Pen Reads Online

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PEN American Center, the largest branch of the world’s oldest literary and human rights organization, recently announced the creation of PEN Reads, an online reading group to bring readers and writers together to discuss works of literature relevant to PEN’s mission. The inaugural title was The Hour of the Star (New Directions) by the legendary Brazilian author Clarice Lispector.

Each book will be discussed for five weeks on the PEN web site, which will feature a series of posts by writers, translators, scholars, and other prominent literary figures. They will discuss the novel and its author and how the book speaks to PEN’s mission to foster support for basic human rights and promote mutual understanding through the shared experience of literature.

Readers will be able to comment on each post, participating in a larger dialogue with the discussion’s contributors and with each other. The initiative was created by PEN’s Membership Committee under the leadership of former Chair Jaime Manrique. He says, “PEN Reads’ choice of The Hour of the Star… as its inaugural author reaffirms PEN’s commitment to honor and help preserve the literary legacy of the writers of the world whose works matter in a major way.”

The inaugural post, by award-winning novelist Colm Tóibín, appeared at www.pen.org/penreads this past Tuesday, July 6.

            PEN American Center is part of the 141 centers of International PEN, the world’s oldest human rights organization and international literary organization, which was founded in 1921 to dispel national, ethnic and racial hatreds, and to promote understanding among all countries. PEN American Center, founded a year later, works to advance literature, to defend free expression, and to foster international literary fellowship. Its 3,400 distinguished members carry on the achievements in literature and the advancement of human rights of such past members as James Baldwin, Willa Cather, Robert Frost, Allen Ginsberg, Langston Hughes, Arthur Miller, Marianne Moore, Eugene O’Neill, Susan Sontag, and John Steinbeck. To learn more about PEN American Center, visit: www.pen.org. For information, contact Nick Burd at (212) 334-1660 ext. 108.

 

 

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BTL Bulletin
Newsletter of the New York Chapter/National Writers Union
(UAW Local 1981) September 2008 
Editor: Louis Reyes Rivera                                              Louisreyesrivera@aol.com
_______________________

Table of Contents:
 
1. Upcoming Small Press Book Fair
2. NWU NY's New Steering Committee
3. On Behalf of Auto Workers
_____________________________
 
1. Upcoming Small Press Book Fair
 
The 21st Annual Independent and Small Press Book Fair takes place Saturday and Sunday, December 6, 7, 2008, from 10 am to 6pm at the New York Center for Independent Publishing (20 West 44th Street, Manhattan, General Society of Mechanics and Tradesmen's building). The New York Chapter (NWU/UAW Local 1981) will have a table there, promoting membership in the union and exhibiting members' books.
 
ALL chapter members are encouraged to help out and bring their books for sale. While there are no guarantees here, interested members should keep in mind that those of us who participated in the Brooklyn Book Fest this past September did, indeed, sell copies of their works. Contact Louis Reyes Rivera at Louisreyesrivera@aol.com.
 
_______________________________
 
2. NWU NY's New Steering Committee
 
The New York Chapter (National Writers Union, UAW Local 1981) has a new Steering Committee with the following members: Peter Benjaminson, Loretta Campbell (Treasurer), Susan Elizabeth Davis, Arnittress Dowdy, Laurence C. Holder, Louis Reyes Rivera (chair),
and Yusef Salaam.
 
Since less than nine chapter members had chosen to engage the nomination process to run for the Steering Committee, the seven were automatically installed in accordance with chapter by-laws.
 
Throughout this past year, the NY Chapter has been hosting a solid variety of informational forums and workshops on a variety of topics, including New Alternatives in Publishing, Writing for Grants, The WGA Settlement, Censorship in the Digital Age, Book Contracts: Traps & Advantages), Professional Pitfalls & All etc.). As well, this year, our presence was clearly established at the National Black Writers Conference, at the New York Book Festival in Central Park, and at Brooklyn Boro Hall's Book Fest.
 
The NY Steering Committee welcomes ideas and suggestions from chapter members for future seminars, workshops, et al. From now through January, we'll be working on plans for 2009.
 
The next Steering Committee meeting takes place Sunday, November 23, 2008, at the NWU National Office, 113 University Place (corner of E. 13 St., Manhattan), from 2 to 4 pm, 6th floor conference room. All members are welcomed to attend and participate.
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3. On Behalf of Auto Workers 
 
The United Auto Workers (of which the National Writers Union is a local) are garnering forces among trade unionists to lobby Congressional Representatives on behalf of the auto industry. If the Big Three auto companies are allowed to go under, the resultant effects will negatively impact upon both the general economy and literally millions of GM workers who stand to lose their jobs.
 
"Make no mistake," says UAW President Ron Gettelfinger, "The domestic auto industry cannot succeed in today's unstable economic environment without immediate help from the federal government. And the costs of failure are unacceptable."
 
All NWU members are urged to call their Congressional Representatives. Please take the time to do so.
 
Below is a Fact Sheet distributed by UAW's New York Regional headquarters highlighting the major points.
 
"Global financial and economic crises have sent U.S. auto sales to their lowest rate in 25 years. Survival of the Detroit-based auto companies is critical because:

"1. Three million jobs are directly and indirectly dependent on these companies.

"2. One million retirees receive pension and healthcare benefits from these companies.
 
"Steps the Federal Government can take to address this crisis:

"1. Allocate $25 billion in capital to automakers to continue operations in the coming months.

"a. Authority granted under recently enacted financial bailout package can be used by the Treasury Department and/or Federal Reserve to provide such an infusion of capital.

"2. Allocate $25 billion in low interest loans to automakers to help them meet retiree health care VEBA obligations.

"3. Auto Sector liquidity restoration.

"a. The Treasury Department must act immediately to restore liquidity to the auto sector – including consumers, dealers and manufacturers – by using tools at their disposal to assist the auto financing arms, including:

"i. Utilizing the Troubled Asset Relief Program to deal with troubled assets;

"ii. Approving pending applications from Ford and Chrysler for industrial local corporations.

"4. Implementing existing $25 billion loan program to retool facilities to produce advanced technology vehicles.

"For more information, contact Beverley Brakeman, CAP Representative UAW Region 9A (call 1.860.674.0143, extension 113, or email her at bbrakeman@uaw.net."


 Between The Lines
Newsletter of the New York Chapter/National Writers Union
(UAW Local 1981) September 2008                   
Editor: Louis Reyes Rivera                                              Louisreyesrivera@aol.com
_______________________

Table of Contents:

1. Upcoming Small Press Book Fair
2. Message from President Gerard Colby
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1. Upcoming Small Press Book Fair

The 21st Annual Independent and Small Press Book Fair takes place Saturday and Sunday, December 6, 7, 2008, from 10 am to 6pm at the New York Center for Independent Publishing (20 West 44th Street, Manhattan, General Society of Mechanics and Tradesmen's building). The New York Chapter (NWU/UAW Local 1981) will have a table there, promoting membership in the union and exhibiting members' books.
 
ALL chapter members are encouraged to help out and bring their books for sale. While there are no guarantees here, interested members should keep in mind that those of us who participated in the Brooklyn Book Fest this past September did, indeed, sell copies of their works. Contact Louis Reyes Rivera at Louisreyesrivera@aol.com.

____________________________________________
 
2. Message from President Gerard Colby
 

Dear NWU Brothers and Sisters,

This urgent message just came in from Mike Cavanaugh of the AFL-CIO with attached talking points regarding the crisis in the auto industry.

Regardless of what we think of the executives of the Big Three, our nation cannot afford to let the auto industry disappear, which is what may very well happen if the Big Three do not get a bridge loan to carry them through December.

I'm furious that the short-sighted greed of these jet-set executives have brought the auto industry to the brink of insolvency. We in the UAW have done everything we could to keep this industry afloat, including give-backs that many UAW members thought was giving too much. But what is at stake now is not only the Big Three, but the entire auto industry, from suppliers to dealerships, all told, some 3 million jobs. The auto industry is also the largest customer of the steel and glass and artificial rubber industries.

UAW President Ron Gettelfinger is convinced that, in this climate, a Chapter 11 Bankruptcy (reorganization) will quickly lead to a Chapter 7 Bankruptcy (liquidation). This would mean the disappearance of 10% of the USA's GNP. For all our sakes, please reach out to your members with the talking points attached and ask them to send a strong, clear message to our Congressional delegations calling for the $25 billion bridge loan in return for an equity holding through the issuance of preferred shares, the same solution given to Chrysler years ago, all of which were later sold at a huge profit once Chrysler turned around. As you may know, the Big Three have already been given a line of credit for retooling the industry so they can be competitive in the world market. But even though that line of credit is still unfunded, the industry has committed itself to a turn-around to produce fuel-efficient cars. Nevertheless, the new fuel-efficient cars will never make it to the showrooms if the companies go under this coming month in this credit climate, which is denying credit to the both the companies and the would-be buyers.

Please pitch in with calls to Congress while we still have a chance to save this country from tipping us over into what would easily be the worst Depression in history, where everyone, and particularly working families, suffers.

In solidarity,

Jerry

Gerard Colby
President, Champlain Valley Labor Council, AFL-CIO
President, National Writers Union/UAW Local 1981
 Between The Lines 
Newsletter of the New York Chapter/National Writers Union
(UAW Local 1981)
September 2008                                                                            
Editor: Louis Reyes Rivera                                              Louisreyesrivera@aol.com

_________________________

Table of Contents:
 
1. Upcoming Chapter Membership Meeting
2. Brooklyn Book Festival at Boro Hall (Sunday, September 14, 2008)
3. NWU Workshop: Book Contracts (The Good, the Bad, the Ugly)
4. Job Offer: Typist on Hand 
 
_____________________________________________________
 
1. Upcoming Chapter Membership Meeting
 
The New York Chapter (NWU/ UAW Local 1981) will host a general membership meeting on Tuesday, October 21st, from 5:30pm to 8pm, at the National Office, 113 University Place (on the corner of East 13 Street & University Pl.). Agenda items include:
 
(a) brief update on the State of the National Writers Union;
(b) brief update on the State of the New York Chapter;
(c) accepting nominations for upcoming elections to the Chapter Steering Committee;
(d) proposal for updating chapter by-laws; and,
(e) open items from the floor.
 
Nominations close on October 31, 2008, and elections will be held in November. Chapter members may nominate themselves.
 
If any member wishes to add a specific item onto the agenda, please forward your item to Louisreyesrivera@aol.com.
 
____________________________________________________________________
 
2. Brooklyn Book Festival at Boro Hall, Sunday, Sept. 14, 2008
 
The Third Annual Brooklyn Book Festival takes place this Sunday, September 14, 2008, from 10:00am to 6:00pm at Brooklyn Borough Hall (Court and Joralemon Sts.).
 
The NWU's New York Chapter has a table at this year's festival. In addition to promoting the NWU, we will be selling books by local NWUers, as well as encouraging voter registration.

Any chapter member can bring copies of books for sale to the NWU table (look for Table Number 33), assist us at our table and, of course, mingle with other authors and potential publishers.
 
Now in its third year, the Brooklyn Book Festival is an outdoor venue for a vast community of authors, book lovers, bookstores, literary organizations and publishers from around the country to meet one another and to network while buying and selling books. This exciting multicultural event presents forums for innovative fiction and non-fiction, poetry, drama, etc., via a series of readings, performances and discussions with author.
If you're interested in bringing books, contact us at info@nwuny.com. Take the numbers 2, 3, 4, 5 or N, R to Boro Hall, or the A, C, F to Jay Street.
__________________________________________________________

3. NWU Workshop: Book Contracts (The Good, the Bad, the Ugly)
 
Book Contracts: The Good, the Bad, the Ugly is the latest workshop sponsored by the NWU's New York Chapter. Longtime NWUer Susan Elizabeth Davis will discuss what each writer must know today before signing that contract. It takes place Wednesday, October 1, 2008, at the Solidarity Center, 55 West 17th Street, 5th floor (Manhattan). The workshop runs from 6:30 to 8:30pm, precisely. Suggested Donations: members/ $5.00; non-members/ $15.00.
 
Book publishers, you must know, are notorious for expecting writers to sign contracts with terms that are not in their best interests. Learn why it’s vital to protect your copyright and how to negotiate decent terms for such things as advances, royalties, secondary rights (i.e., subsidiary -- including blogged excerpts, warranties, electronic media, e-books, etc.). Come with questions and your own experiences and stories.
 
In addition to serving on the New York Chapter's Steering Committee and in the NWU Book Division, novelist/freelancer Susan E. Davis has been a vital part of the NWU's most successful membership offering, Grievance & Contract Advisement, through which the NWU has been able to assist member authors in garnering millions of dollars in payments that would otherwise not have been secured. Surely, one workshop you don't want to miss.
 
The Solidarity Center is conveniently located in lower Midtown Manhattan. Take the F, V, L, 2, 3 lines to West 14th St.; the numbers 1, 9 to West 17th St.; or the 4, 5, 6, R, N, W to Union Square. For more information, contact info@nwuny.org.
_______________________
 
4. Job Offer: Typist on Hand
NWU New York Chapter member Nancy Hayes has a completed manuscript (juvenile fiction) ready for the publisher. However, she is currently in need of a typist who is able to start work no later than September 20th. The rate of pay is $15/hour. Ms. Hayes is willing to pay more to NWU/NY members. Location: Manhattan. Call her at (646) 512-1932.
  BTL Bulletin
Newsletter of the New York Chapter/National Writers Union
(UAW Local 1981) September 2008
Editor: Louis Reyes Rivera                                              Louisreyesrivera@aol.com
_______________________
 
UAW/NWU To Get the Vote Out for Obama
 
From Monday, October 13 straight through to Election Day 2008, the UAW will be hosting a phone bank at its Region 9A headquarters (113 University Place at East 13 St., Manhattan) on behalf of the Barack Obama for President campaign. Members of the New York chapter of the National Writers Union are being asked to join with other UAW volunteers to help make those calls.
 
The strategy includes reaching out to voters, trade unionists and retirees, particularly in the battleground states. There'll be a prepared statement and phone lists with volunteers working out of the 6th floor conference room, with at least nine lines available. Additional phone lines from other UAW locals in the building (including the NWU) will also be made available. The Manhattan office is conveniently located at the corner of East 13th Street and University Place, one block south of Union Square.
 
Phone banks will be operating every Monday thru Thursday, from 5:00 PM - 9:00 PM, on each of those week nights (from Oct. 13-16; Oct. 20-23; Oct. 27-30, inclusive).
 
In addition, there'll be room for daylight phone banking (from 9am to 5pm) on both Monday, November 3, and Tuesday, November 4.
 
Volunteers from the NWU (UAW Local 1981) are asked to join with other UAW Locals in this valiant effort to change the course of history with a more progressive, more community-based and labor friendly administration. Help Get The Vote Out for Obama!
 
To sign up for any of those nights, please contact us at (info@nwuny.org) or by quickly hitting the reply button for Louisreyesrivera@aol.com. Please indicate on which night(s) you'll be available.
 
In Solidarity,
 
Louis Reyes Rivera
Chapter Chair/ NWU New York

 
BTL Bulletin
Newsletter of the New York Chapter/National Writers Union
(UAW Local 1981) October 2008                       
Editor: Louis Reyes Rivera                                              Louisreyesrivera@aol.com
_______________________

Table of Contents:
 
1. UAW/NWU To Get the Vote Out for Obama
2. Upcoming Chapter Membership Meeting
3. NWU Workshops Scored Well
__________________________________

1. UAW/NWU To Get the Vote Out for Obama
 
From Monday, October 13, through Thursday, October 16, 2008, the UAW will be hosting a phone bank at its Region 9A headquarters (113 University Place at East 13 St., Manhattan) on behalf of the Barack Obama for President campaign. Members of the New York chapter of the National Writers Union are being asked to join with other UAW volunteers to help staff those phones.

The strategy includes reaching out to voters, trade unionists and retirees, particularly in the battleground states. There'll be a prepared statement and phone lists with volunteers working out of the 6th floor conference room, with at least nine lines available. Additional phone lines from other UAW locals in the building (including the NWU) will also be made available. The Manhattan office is conveniently located at the corner of East 13th Street and University Place, one block south of Union Square. Phone banks will be operating from 5:00 PM - 9:00 PM, on each of those nights (Monday thru Thursday, Oct. 13 thru Oct. 16th).

Volunteers from the NWU (UAW Local 1981) are asked to join with other UAW Locals in this valiant effort to change the course of history with a more progressive, more community-based and labor friendly administration. Help Get The Vote Out for Obama!

To sign up for any of those four nights, please contact us at (info@nwuny.org) or by quickly hitting the reply button for Louisreyesrivera@aol.com. Please indicate on which night(s) you'll be available.

In Solidarity,
Louis Reyes Rivera
Chapter Chair/ NWU New York
___________________________________

2. Upcoming Chapter Membership Meeting
 
The New York Chapter (NWU/ UAW Local 1981) will host a general membership meeting on Tuesday, October 21st, from 5:30pm to 8pm, at the National Office, 113 University Place (on the corner of East 13 Street & University Pl.).
 
Agenda items include:
(a) brief update on the State of the National Writers Union;
(b) brief update on the State of the New York Chapter;
(c) accepting nominations for upcoming elections to the Chapter Steering Committee;
(d) proposal for updating chapter by-laws; and,
(e) open items from the floor.
 
Nominations close on October 31, 2008, and elections will be held in November. Chapter members may nominate themselves.
 
If any member wishes to add a specific item onto the agenda, please forward your item to Louisreyesrivera@aol.com.
_________________________________________________________
 
3. Chapter Workshops Scored Well
 
By all accounts, if you weren't there, you missed two excellent sessions sponsored by the NWU's NY Chapter. The first, which took place last Tuesday, Oct. 1, featured a well-organized discussion on the current state of Book Contracts conducted by longtime NWU activist-writer Susan Elizabeth Davis. Indeed, Susan covered all the bases, including  what to look out for in this digital age and how to best protect secondary rights. Bear in mind that the laws are ever changing in favor of publishers and
 
The following evening, Wednesday, October 2nd, freelance writer and author Michael Luongo discussed Travel Writing, its pitfalls and strengths. The session included a hands-on approach in which participants wrote short descriptions as a way for the award winning author to demonstrate the ease with which writers can turn what they experience into a potential dollar.
 
The feedback from both sessions was most complementary, enough so that the Chapter  Steering Committee will look to plan appropriate follow-up sessions in the near future.
 
 

LOGO MISSING...
October 8, 2008/ BTL Bulletin
Thanks, but 11/1-11/4 is as follows, I know I got that right in my e-mail of the other day.
 
11/1 -- 9A - 9P
11/2 12 noon - 9P
11/3 and 11/4 9A - 9P
 
I'd say hold off pushing this again until later in the month.
 
Scott
1. UAW/NWU To Get the Vote Out for Obama
 
From Monday, October 13 straight through to Election Day 2008, the UAW will be hosting a phone bank at its Region 9A headquarters (113 University Place at East 13 St., Manhattan) on behalf of the Barack Obama for President campaign. Members of the New York chapter of the National Writers Union are being asked to join with other UAW volunteers to help make those calls.
 
The strategy includes reaching out to voters, trade unionists and retirees, particularly in the battleground states. There'll be a prepared statement and phone lists with volunteers working out of the 6th floor conference room, with at least nine lines available. Additional phone lines from other UAW locals in the building (including the NWU) will also be made available. The Manhattan office is conveniently located at the corner of East 13th Street and University Place, one block south of Union Square.
 
Phone banks will be operating every Monday thru Thursday, from 5:00 PM - 9:00 PM, on each of those week nights (from Oct. 13-16; Oct. 20-23; Oct. 27-30, inclusive).
 
In addition, there'll be room for daylight phone banking (from 9am to 5pm) on both Monday, November 3, and Tuesday, November 4.
 
Volunteers from the NWU (UAW Local 1981) are asked to join with other UAW Locals in this valiant effort to change the course of history with a more progressive, more community-based and labor friendly administration. Help Get The Vote Out for Obama!
 
To sign up for any of those nights, please contact us at (info@nwuny.org) or by quickly hitting the reply button for Louisreyesrivera@aol.com. Please indicate on which night(s) you'll be available.
 
In Solidarity,
 
Louis Reyes Rivera
Chapter Chair/ NWU New York
 
BTL Bulletin
Newsletter of the New York Chapter/National Writers Union
(UAW Local 1981) October 2008
Editor: Louis Reyes Rivera                                              Louisreyesrivera@aol.com

___________________

Table of Contents

1. Can you translate from the French?
2. Progress at Foxwoods

____________________________________
 
1. Can you translate from the French?

Among our members and contacts is a French novelist seeking someone from NWU to translate the first chapter of a new work. Good connection. Strong possibilities stemming from the project.

If you're interested, please contact New York Steering Committee member Loretta Campbell at the following email address lucianikita@juno.com for details...

Louis Reyes Rivera

_________________________

2. Progress at Foxwoods
 
During this past summer, UAW organizers have been working with casino employees at Foxwoods and Atlantic City in an attempt to gain proper recognition of employees' rights to organize for purposes of collective bargaining. Among the UAW locals participating in demonstrations and picket lines at both target sites were members of the National Writers Union. Just this week, UAW Casino Dealers and Foxwoods finally agreed to enter into preliminary discussions.
 
In a joint press release issued this past October 10, 2008, the following statement was released by the UAW and the Mashantucket Pequot Gaming Enterprise (the owners of Foxwoods Casino):

"October 10: The UAW and the Mashantucket Pequot Gaming Enterprise agreed to enter into discussions for 30 days to determine if an agreement can be reached to bargain under tribal law without either party waiving any of their rights or legal positions under the National Labor Relations Act.

"The parties further agreed that they will not discuss the status of negotiations during this 30-day period."
 
To borrow a phrase from the streets, circa 1950s, "Nuff said."
 
BTL Bulletin
Newsletter of the New York Chapter/National Writers Union
(UAW Local 1981) October/November 2008
Editor: Louis Reyes Rivera                                              Louisreyesrivera@aol.com
_______________________

Table of Contents:
 
1. Phone Banks for OBAMA
(1a) Staten Island for Obama
(1b) UAW/NWU Phone Banks for Obama
2. Upcoming Chapter Membership Meeting
3. How to get a writer's grant
_______________________
 
1. Phone Banks for OBAMA
 
Members of the National Writers Union New York Chapter (UAW Local 1981) are involved in two campaigns to get the vote out for Barack Obama, one in Manhattan, the other in Staten Island. Both campaigns are urging interested voters to volunteer in helping the effort. 
___________________________
 
1A. Staten Island for Obama
 
Staten Islanders for Obama have recently opened up a Staten Island Obama Headquarters at 556 Richmond Avenue. It is easy to get to from the Staten Island Ferry. Take the S 84 bus to the intersection of Van Duzer at Vanderbilt Ave. (Van Duzer becomes Richmond Avenue).
 
The Staten Island Obama headquarters is a street level store front. Volunteers operating out of their new office are hoping to keep the store front headquarters open from 1pm to 9pm daily from here to Election Day.

In addition to the Richmond Avenue location, this group of local Democrats is also working out of two other S.I. sites, one at Notes Lounge and at the Silver Lake Masonic Hall (see below). Among ongoing daily activities at all three sites is a phone bank system in which cell phones are being used to call voters, urging them to vote for Barack Obama.

Notes Lounge is located at 31-33 Water Street (off Bay Street). From the Ferry, you take the Staten Island Rapid Transit to Stapleton Station. Silver Lake Masonic Hall is located at 203 Port Richmond Avenue, 2nd floor. From the Ferry take the S 90 bus to Port Richmond Avenue and Park Avenue.

If you wish to volunteer but would prefer not to travel to the sites, you can obtain lists from the Richmond Avenue campaign headquarters and make the calls directly from your home, logging the results as you go along. Thus far, volunteers have been using their parks or any friendly agency with a phone line, and, of course, wherever cell phones have access to good clear signals.

For information, contact Barbara Fisher, NWU Obama supporter, on Staten Island, bfisher@si.rr.com.
 
__________________________________

1B. UAW/NWU Phone Banks for Obama
 
The United Auto Workers' (UAW) New York City Headquarters, located at 113 University Place, in Manhattan (at East 13th St.), 6th floor, continues operating its phone bank strategy straight through to Election Day. Volunteers from all of the UAW locals (including the National Writers Union, UAW Local 1981) are urged to sign up and help out. Phone banks will continue to operate every week from Mondays through Thursdays, starting at 5pm to 9pm, straight through to Election Day.
 
The strategy includes reaching out to voters, trade unionists and retirees, particularly in the battleground states. There are prepared statements and phone lists available. The UAW's Manhattan office is conveniently located at the corner of East 13th Street and University Place, one block south of Union Square.
 
In addition, there'll be room for daylight phone banking (from 9am to 5pm) on both Monday, November 3, and Tuesday, November 4.
 
Volunteers from the NWU (UAW Local 1981) are asked to join with other UAW Locals in this valiant effort to change the course of history with a more progressive, more community-based and labor friendly administration. To sign up for any of those nights, please contact us at (info@nwuny.org) or by quickly hitting the reply button for Louisreyesrivera@aol.com. Please indicate on which night(s) you'll be available. There's still time to sign up! Like your vote, your help counts! Help Get The Vote Out for Obama!
 
___________________________________________________________
 
2. Upcoming Chapter Membership Meeting
 
The New York Chapter (NWU/ UAW Local 1981) will host a general membership meeting on Tuesday, October 21st, from 5:30pm to 8pm, at the National Office, 113 University Place (on the corner of East 13 Street & University Pl.). Agenda items include:
 
(a) brief update on the State of the National Writers Union;
(b) brief update on the State of the New York Chapter;
(c) accepting nominations for upcoming elections to the Chapter Steering Committee;
(d) proposal for updating chapter by-laws; and,
(e) open items from the floor.
 
Nominations close on October 31, 2008, and elections will be held in November. Chapter members may nominate themselves.

___________________________________
 
3. How to get a writer's grant
 
The New York Foundation for the Arts is hosting a forum on how to successfully garner an arts grant (including writers) on Wednesday, October 22, 2008, from 6 to 8pm.
Billed as a special Funding for Arts Month program, The Foundation Center has brought together a panel of artists who've received grants and who've served as panelists for individual grant seekers in all mediums (including poetry, fiction and creative writing). Now you can pose questions and concerns about the grant seeking process and other means of supporting your work.
 
Panelists representing varied disciplines include poet/visual artist Sandra Maria Esteves, actress/writer/director Esosa Edosomwan, filmmaker Tracie Holder, writer Willie Perdomo, and filmmaker Mitchell Teplitsky. Among the topics to be addressed are those lists of do's and don'ts that affect the outcome.

The forum is free of charge, but does require that participants register in advance. To register on line go to http://foundationcenter.org/newyork/training/successgrantseeker.html.
The Foundation Center/New York Library is located on the 2nd floor of 79 Fifth Ave., in Manhattan.
 
Wheelchair users can enter the New York Library/Learning Center at 8 East 16th Street (between Fifth Avenue and Union Square West). If you need assistance, please contact the Foundation Center at (212) 620-4230. Registrants requiring ASL signers or other disability-related services are asked to contact the Foundation Center at least two weeks in advance.
 BTL Bulletin
Newsletter of the New York Chapter/National Writers Union
(UAW Local 1981) November/December 2008
Editor: Louis Reyes Rivera                                              Louisreyesrivera@aol.com
_______________________

Report on the recent National Executive Board meeting in Connecticut

The NWU's National Executive Board (National Officers, Chapter and Division Chairs) met in Farmington, CT during the weekend of November 15, 16, 2008, in facilities operated by the UAW.

There were, all told, 21 NEB members, including Scott Sommer (UAW co-administrator) and Susan E. Davis (on behalf of the GCD). Six of the 21 were NEC officers (Joel Washington, Sergeant-at-Arms, the only NEC member not there) and 11 Chairs (Western New England; Chicago; Philadelphia; North West Chapter; Washington, DC; Arizona; Boston; Grievance & Contract Division; South East Michigan; Vermont (At-Large subdivision).; San Francisco; New York) -- Missing were New Mexico, At Large, Los Angeles, Oregon, Santa Cruz, Twin Cities, San Diego.
 
Report from Scott Sommer
 
Deputy Administrator Scott Sommer made his report, which included issues affecting the UAW in general; for me, the most significant item he presented regarding the NWU was that if the chapters could collective raise the national membership from its current state (1,500 plus members) to 2,000 members between now and May 2009 (when the next election of National Officers is scheduled to take place, he would recommend that the UAW cease receivership over the NWU.
 
Financial Report
 
This was followed by a report from Jeanne Harnois, National Financial Officer. As we stand now, by December 2008, our total expenses for the year are projected at $1,009,000, with total revenue equaling $962,000. As of January 2009, the National Office will have $23,000, and, collectively, Chapters have $202,000 in their respective accounts. The New York Chapter currently has $14,745.00 in its account. [Please NOTE: The National office has the latitude to borrow from the Chapters.]
 
The NWU-SO (NWU Service Organization, which has 501(c)3 status) will look into how to generate grants to help offset pending budget crunch.

Membership has continued a general downward slide, dipping slightly since April. Currently, we have 1,546 members nationally, with New York and At-Large having the largest share of members.
 
For a quick overview of our membership breakdown, I offer these samplings: New York currently has 318 (down from 355 in Jan.); At-Large (divided into four separate subdivisions/ At Large; New Mexico; San Diego; Vermont) has a total of 324 (up one from 323 in January). Boston has 200 (down from 210; Chicago has 65 (down from 74); Los Angeles has 59 (down from 68); San Francisco has 119 (down from 164).
 
Report from President Jerry Colby
 
The NWU President's report concentrated mostly on issues and initiatives he's been engaged in, including the NWU relationship to the Authors Coalition and the recent settlement between Google and the Authors Guild and the American Association of Publishers Settlement, and the President's recommendations regarding these.
 
* As to the future of the NWU, he stated that all future plans and strategies have to involve the chairs more. One of the items that came out of this was going on record that henceforth conference calls held by the National Executive Committee (i.e., NWU Officers) will integrate commentary and input from the chairs prior to NEC votes on all matters. Previously, Chairs were permitted to listen in but not comment during the actual meeting itself. Up until the November conference call, Chairs were relegated to comment only after the meeting had officially adjourned.
 
* Selective targets for recruitment. Colby used bloggers as example for target audience for recruiting new members. In stating that the NWU must be selective in targeting potential recruits, he noted that we should seek out bloggers who want to join and to clearly look into the relationship between blogger and website in order to focus on recruitment and determine the approach. Bloggers' conferences and other related events, he noted, offer workshops on how users of copyrighted materials can around copyright laws, in effect, how to co-opt work that is copyright protected; copyright infringement is more prevalent among younger generations (via Internet usage), and, he noted, even culturally acceptable by the younger generations.
 
* Author’s Coalition represents NWU's largest source of revenue. The Author's Coalition is the organization that receives reprographic rights payments from European countries (publications and academics there re-use, copy and circulate works from their own and U.S. authors. By law, most Western Europeans are bound by law to assess and collect money from such re-usage, which moneys are paid mostly to publishers (not authors). Those who hold copyrights over the given works are eventually paid. If, however, the copyright holder cannot be traced or tracked down, the monies collected go to writers' organizations of the given country of origin. Payments for such non-traceable materials with origins in the U.S. go to the Authors' Coalition, which, in turn, distributes the money proportionately to member organizations, such as the NWU. Norwegians represent the biggest single share of revenue that eventually filters down to the NWU.
 
[Please NOTE: The proportion that filters down to the NWU National is based on the Authors' Coalition Survey that the NWU sends out to its members. The more members fill those forms out, the larger the share likely to be apportioned to the NWU. These monies go directly into the national budget (not to the chapters).
 
* Lobbying Initiatives which President Colby focused on included bills that are up for voting, particularly  anti-trust legislative efforts; here, NWU looks to have freelancers viewed as independent contractors, which the National Labor Relations Board has not deemed a category that would include freelance writers.
 
* The recent settlement between Google and the Authors Guild, et al, includes granting Google the right to continue scanning books and making them available, but with a fee of $65 per book scanned thus far. To determine how to distribute that money, there is now a Publication Rights Clearance House (PRCH) registry established for that purpose, as part of settlement. Sometime in January 2009, the courts will determine whether or not to approve the settlement, and, if the courts do so, the settlement will take effect beginning in May 2009. From now until then, writers are expected to register with the PRCH in order to qualify. The monies to be distributed are for BOOKS that have been scanned; individual articles do not qualify, even while they, too, have been scanned by Google and are disseminated with profits going to Google, mostly via advertisements based on hits to Google's site.
 
Each author decides the value of the book scanned on a per copy basis, with a ratio of 63% to 31% of the monies collected divided between the plaintiffs and the author, respectively. Google wants the payments it has to make based on NET income adjustment of up to 10% to determine shares.
 
While the NWU prefers a writer-controlled registry, NWU's current position is to accept the Author’s Guild settlement and encourages members to make use of the registry established. Accordingly, Colby stated that the fact such a registry has finally been established immediately outweighs other concerns. He called the PRCH an unparalleled move. Each affected writer is to be contacted by the PRCH administrator, if that author's book has been scanned by Google. The Google settlement will have full history of all books scanned; however, only those writers in the registry would be so notified. Writers should register to be on the safest side.
 
Orphan’s Work Act/ Presently, the bill in question allows the publisher/ disseminator to use a given work regardless of who may own the
copyright once its attempt to contact the author was unsuccessful.

This legislation is currently pending vote and passage. Colby pointed out that no standards for search attempts have been established.
 
 
Report from Patricia Hilliard, 1st Vice -President
 
While couched in terms of Networking and Marketing Our Work, First VP Pat Hilliard basically pointed out that what the NWU needs to do is build upon existing resources, such as the Authors Network, which allows authors to set up tour stops and places to stay via union members, revitalizing and further updating the union's Job Hotline, which lists jobs for members, and the Hire a Union Writer campaign.
 
From the chairs came the comment that Hire a Union Writer should expand to include approaching union locals that offer educational programs to hire NWU writers to conduct workshops. As well, to approach locals for purposes of getting them to make use of our members as editors, etc., for their newsletters. This approach would, in effect, add a caveat for joining the NWU/

Health Insurance Program Update

Jerry Colby outlined the latest development in health insurance coverage; final approval for a plan that will cover most states is now in the hands of UAW lawyers; New York and Massachusetts are among the states not to be covered; however, an improved plan via HIP is still pending UAW approval.
 
Internal Organizing

Internal Organiging Vice-President Boris Kolba spoke on a number of initiatives. Among them:
 
The Copyright Crackdown campaign to include publicizing the culprit of the month is one that the NWU should address and can overlap with efforts by the external organizing V.P., Larry Goldbetter. The GCD assessing project would be one feature; another would be to make the general public more informed about copyright infringement by publishers and to educate the public as to why it should back up copyrights protection.

He further discussed the Fall Membership Drive with emphasis on the National Lapsed Membership Campaign. According to current statistics, during the past two years, 1600 members have allowed their membership to lapse for various reasons, including the shape of the economy and the shrinking market for freelance journalists. Chapter updates on membership drive are expected.
 
Each chapter is to have appointed a Coordinator for the Lapsed Membership Campaign, who would be key to collecting data on why members have lapsed and what the NWU could do to get them to want to rejoin. Under the coordinator, those who make the calls to lapsed members would be paid for their time and efforts. Coordinators would be responsible for how calls are made, would make those calls and would farm the work out among chapter members.
 
Another approach would be to assist other chapters by farming out to them from the pool of identified and trained coordinators. Larry Goldbetter would train coordinators; thus far, seven chapters have identified such persons, with more to come.
 
The DC chapter mentioned that it was able to get six volunteers from the chapter to make ten calls apiece, which worked well.
 
Factors mentioned were both Chapter and National inertia regarding making those phone calls. Others included the need to tie-in coordinators with their chapter chairs and their Steering Committees, so that follow-up can be made to those who've renewed. Chapters will be receiving reports from the LMCs (Lapsed Membership Coordinators) as they are turned into the NEC.
 
On the question of inertia, one metaphoric phrase that kept passing around via certain chairs was the mantra, "Nobody cares what I think!" This was applied to the call to lapsed members; to wit, that the coordinators must encourage persons called in such a way as to solicit their views.


 
BTL Bulletin
Newsletter of the New York Chapter/National Writers Union
(UAW Local 1981) December 2008
Editor: Louis Reyes Rivera                                              Louisreyesrivera@aol.com

NY & Chicago Collaborate 
1. MLK Pre-Inaugural Poetry Reading in Chicago
 
The Chicago Chapter of the National Writers Union (UAW Local 1981) hosts a Pre-Inaugural Poetry Reading featuring New York poet Louis Reyes Rivera, along with Chicago writer/activists Kublai Toure and Triple Blak: The Urban Griot, with special guest author/composer Regina Harris-Baiocchi. The program jumps off on Friday, January 16, 2009, at the UE Hall, 37 South Ashland (near Monroe), from 7pm to 10pm.
In addition to his writings, Kublai Toure is the Illinois representative for Amer–I–Can, a life-management skills training program founded by football legend/screen actor Jim Brown. Amer–I–Can operates in Los Angeles, Chicago, Cleveland, and in prisons. Part of the training includes getting members of urban street gangs to embrace self-determination and become more proactive positive role models, helping to reshape
the lives of those whom, like themselves, society disregards. In 1992, Brother Toure was instrumental in initiating gang truces in Chicago while serving as chairman of the city’s Concerned Black Fire Fighters.

Triple Blak (The Urban Griot) is one of the nation’s preeminent Spoken Word Artists and a pioneer of Chicago's Open Mic circuit. He has performed at such venues as House of Blues, Dance Africa Chicago, Second City Theater, and on Russell Simmons’ Def Poetry competition, in which he won first place. Blending dialect, dialogue, and drama, he articulates a poetry that is both thought provoking and entertaining.
Regina Harris-Baiocchi is a composer/author whose music has been performed by the Detroit and Chicago Symphony orchestras, and by the U.S. Army Band. Her writings have been published by Oxford University Press, Third World Press, and the Chicago Tribune Magazine. Profiled in the New Grove Dictionary of American Music, the International Dictionary of Black Composers, and Afric-Classical.com, among others, she founded Haiku Festival, a poetry initiative for students of www.HaikuFest.com. Her published works include Indigo Sound (fiction), Urban Haiku (poetry), Blues Haiku, and the CD, Kidstuff.

Known as the Janitor of History, poet/essayist Louis Reyes Rivera has assisted in the publication of over 200 books, including John Oliver Killens' Great Black Russian, Bum Rush The Page, Adal Maldonado's Portraits of the Puerto Rican Experience, and The Bandana Republic, a literary anthology by current and former gang members. He has taught courses on Pan-African, African-American, Caribbean and Puerto Rican literature and history. In 1996, the Latin American Writers Institute awarded him its annual Poetry Prize for his collection, Scattered Scripture. Since then, he has appeared in night clubs and Jazz festivals with such bands as The Sun Ra All Stars Project, Ahmed Abdullah's Diaspora, Ebonic Tones, the James Spaulding Ensemble, and his own band, The Jazzoets, and appeared on Russell Simmons' award-winning Def Poetry on HBO. An active member of the NWU, Rivera  currently serves as Chair of its New York Chapter. He can be heard Thursdays, at 2pm, on WBAI, 99.5 FM (streamed at www.wbai.org) hosting Perspective.

 BTL Bulletin
Newsletter of the New York Chapter/National Writers Union
(UAW Local 1981) March/April 2009
Editor: Louis Reyes Rivera                                              Louisreyesrivera@aol.com
_______________________

NWU/NY Chapter Forum: Self-Publishing

On Tuesday, April 14, 2009, starting at 5:30pm, the New York Chapter of the NWU presents a detailed discussion on Ways to Publicize Your Self-Published Book, with NWU authors Arnittress Dowdy (author of the romance novel, Dreamtini) and Charles Patterson (author of the nonfiction best-seller Eternal Treblinka and a novel, Last Rites).
 
With mainstream publishers laying off staff or not accepting new manuscripts, the prospects for book authors are not promising. A viable alternative is self-publishing or print-on-demand publishing. But one of the drawbacks with these options is that you must be willing to promote your work widely. Two presenters will talk about their experiences with and give tips on how to make the most of self-publishing.
 
This forum will be held at the NWU's National Office, 113 University Place (corner of East 13 Street and University Place, just south of Union Square, Manhattan), in the 6th floor Conference Room. NWU Members are welcomed free of charge; suggested donation from non-members is $7.00. No one turned away. Be sure to come before 6pm for light refreshments. For more information, contact Louisreyesrivera@aol.com.

 
BTL Bulletin
Newsletter of the New York Chapter/National Writers Union
(UAW Local 1981) April 2009
Editor: Louis Reyes Rivera                                              Louisreyesrivera@aol.com
_______________________
 
Publishing Your Book: a three-part seminar at APT:
How are you going to get that book published? What are the options, the requirements and traps? Do you really need an agent, an editor, a designer? Find out what best suits the book(s) you want to publish. As part of our on-going writing seminars, The Afrikan Poetry Theatre presents a three-part session on the details with veteran poet/publisher Louis Reyes Rivera.

Workshops take place every 3rd Saturday of April, May and June from 5pm to 7:30pm.

Saturday, April 18: Standard Publishing Outlets: The Contract & The Game;

Saturday, May 16: Alternative Publishing Outlets: Less Pay, More Work;

Saturday, June 20: Self & Virtual Publishing: For Better or Worse.
 
We will cover in full detail such issues as Author's Rights (Publishing, Distribution, Copy- and Subsidiary Rights), the demographics of standard Publishing Outlets (from major houses to the alternative models, including the privately and self-published), as well as Internet Publishing and the basics of Promotion & Publicity as the author's most essential tools.

The Afrikan Poetry Theatre is located at 176-03 Jamaica Avenue (at 176 Street, Jamaica, Queens). Take the ‘F’ train to 179 Street & Hillside Ave., walk three blocks to Jamaica Avenue. Suggested donation: $10.00 per session. For more information, call 718. 523.3312 or email at: Jwatusi@aol.com.
     
As a freelance editor, award-winning poet/essayist Louis Reyes Rivera has been teaching writers since 1969, and since 1975 has assisted in the publication of over 200 books, including John Oliver Killens' Great Black Russian, Adal Maldonado's Portraits of the Puerto Rican Experience, Bum Rush The Page: A Def Poetry Jam, and The Bandana Republic. He's taught courses on Pan-African, African-American, Caribbean and Puerto Rican literature and history.

For the past ten years, Rivera continues to conduct a writing workshop at Sistas' Place, in Brooklyn, and to work with Jazz bands. He has appeared on public access television programs and on HBO's Def Poetry, and can be heard every Thursday, at 2pm, on radio station WBAI (99.5 FM; www.wbai.org), hosting Perspective. Contact: Louisreyesrivera@aol.com.
 
 Between The Lines 
Newsletter of the New York Chapter
National Writers Union (UAW Local 1981)
April/May 2009
                                                                            
Editor: Louis Reyes Rivera
Louisreyesrivera@aol.com
_______________________
 
Table of Contents:
 
1. Upcoming Demonstration on Wall Street
2. NY Steering Committee Meeting
3. NY Chapter Forum: Self-Publishing
4. Annual Writers’ Round Table
5. Heads UP: May Membership Meeting & Publisher’s Panel
______________________________________
 
1. Upcoming Demonstration on Wall Street

The New York Steering Committee voted unanimously to endorse Bail Out the People, Not the Banks, a mass demonstration to take place on Friday and Saturday, April 3 and 4, 2009, in front of the New York Stock Exchange (corner of Wall and Broad streets).

Beginning at 1pm, this March on Wall Street brings together a broad coalition of activist groups to protest bank bail-outs at the expense of taxpayer citizens on the eve and day of the anniversary of Martin Luther King’s assassination while he too was struggling for social and economic justice on behalf of workers’ rights and decent wages. For further information on the scope and details of the march, visit www.bailoutpeople.org.
________________________________________

2. NY Steering Committee Meeting

The next Steering Committee meeting of the NWU’s New York Chapter takes place Sunday, April 5, 2009, at the NWU National Office, 113 University Place (corner of E. 13 St., Manhattan), from 2 to 4 pm, in the 6th floor conference room. All members are welcomed to attend and participate.
______________________________________________________

3. NY Chapter Forum: Self-Publishing

On Tuesday, April 14, 2009, starting at 5:30pm, the New York Chapter of the NWU presents a detailed discussion on Ways to Publicize Your Self-Published Book, with NWU authors Arnittress Dowdy (author of the romance novel, Dreamtini) and Charles Patterson (author of the nonfiction best-seller Eternal Treblinka and a novel, Last Rites).
 
With mainstream publishers laying off staff or not accepting new manuscripts, the prospects for book authors are not promising. A viable alternative is self-publishing or print-on-demand publishing. But one of the drawbacks with these options is that you must be willing to promote your work widely. Two presenters will talk about their experiences with and give tips on how to make the most of self-publishing.
 
NWU Members are welcomed free of charge; suggested donation from non-members is $7.00. No one turned away. Be sure to come before 6pm for light refreshments.
____________________________________

4. Annual Writers’ Round Table

The Fifth Annual Round Table Writers' Conference takes place on Friday and Saturday, April 24, 25, 2009, from 9am to 5pm, at the Center for Independent Publishing (formerly Small Press Center), 20 West 44 Street in Manhattan (near 5th Avenue).

Once again, the National Writers Union will have a table at the conference. Members interested in attending and willing to serve as volunteers for the CIP and/or help staff the NWU table can attend the conference free of charge. Those interested in signing up for a staffing slot should contact Louis Reyes Rivera at Louisreyesrivera@aol.com before April 10th. Please include in your email the date and hours of availability.
 
The Center for Independent Publishing’s Writers’ Round Table attracts writers of all levels from beginners to seasoned professionals and provides access to the nation's leading literary figures (i.e., editors, agents, publicists, reviewers, publishers and authors) who discuss business and career opportunities for writers. This year’s Round Table includes presentations by groundbreaking new authors; two luncheons with keynote speakers, best-selling novelists; revered editors, et al. The Friday evening gala features as keynote the acclaimed author, Wally Lamb.

Throughout the two days, CIP offers craft workshops and panel discussions on PR and marketing, writing book proposals, independent publishing, memoir writing, self-publishing, writing a winning query letter, fiction writing, and online publishing, in addition to two cocktail receptions. To find out more about the conference, visit www.nycip.org.
_____________________________________________________________________

5. Heads UP: May Membership Meeting & Publisher’s Panel

The New York Chapter of the NWU will host a program, “The NWU: Celebrating 28 Years" in order to accomplish the following tasks:

* Hold a General Membership Meeting for Chapter members to help determine what both the chapter and the national could be doing to enhance the quality of services. This will be carried out via informal discussions. We will also ask members to fill out a quick survey sheet asking each to list and/or note what they want the Chapter to focus on.
 
* Feature a selected panel of alternative publishers to discuss the state of book, magazine and Internet publishing as potential venues for writers, etc.

* Tap into new recruitment territory by inviting writers who’ve expressed interest in our Union along with New York-based alternative, independent and small press publishers and editors to encourage dialogue and networking.
 
BTL Bulletin
Newsletter of the New York Chapter/National Writers Union
(UAW Local 1981) May 2009
Editor: Louis Reyes Rivera                                              Louisreyesrivera@aol.com
_______________________

NWU/NY: Bulletins
Published by the New York Chapter
National Writers Union (UAW Local 1981)
May 2009
Louis Reyes Rivera (editor)
Contact: Louisreyesrivera@aol.com
 
Part One: Call for RSVPs: NWU/NY Writers and Publishers Meet
 
Part Two: Quick Reports (Two Events That Proved Useful)
(1) Chapter Seminar on Publicizing the Book
(2) CIP's Writers Roundtable
 
Part Three: More Upcoming Events
(1) Bookfairs
(2) Publishing Your Book: a three-part seminar
 
_________________

PART ONE:

Call for RSVPs: NWU/NY Writers and Publishers Meet
 
The NWU’s New York Chapter invites members to meet alternative publishers and other writers on Sunday, May 17, 2009, from 2 to 6 p.m., at the Lafayette Grill, 54 Franklin Street, Manhattan.

Among the featured speakers will be representatives from the NWU (UAW Local 1981), and alternative publishers from Soft Skull Press, Neworld Review and African Voices magazine. Other publishers and writers will be on hand to engage in an open discourse on the state of resources and publishing outlets available to writers.

Given the current state of the economy, all of us, in every field, need to gather together to survive and prosper. This is one way to help writers connect with others and, in the connection, to move ahead.

Current NWU members must RSVP by May 15th, in order to reserve their spaces. Please contact us at Louisreyesrivera@aol.com or at 718.622.4426, on or before May 15. While we will accept volunteer donations to help defray costs for the buffet, et al, there is no cost to current members.

To reach the Lafayette Grill by public transportation, take the A train to Canal Street and walk east to Franklin Street, or take the No. 1 train directly to Franklin Street.
 
__________________
 
PART TWO:
Quick Reports: Two Events That Proved Useful
 
(1) Chapter Seminar on Publicizing the Book

The New York NWU Chapter held a most informative seminar on Ways to Publicize Your Self-Published Book, this past April 14, at the National Office. It was attended by 15 chapter members and featured Chapter member Charles Patterson leading discussion on the topic. Several other self-published authors shared their experiences and several more attended for the purposes of further developing their own strategies. All in all, a most productive session, according to all who were present.
 
(2) CIP's Writers Roundtable

New York NWU Chapter members who attended and staffed our table at the CIP's Writers Roundtable (April 24-25, 2009) reported a successful outpouring of interest in the NWU by conference particiapnts, many of whom did not know that a union for writers actually existed. Chapter Steering Committee members will be following up with letters and invitations to the more than 35 people who signed our mailing list.

This annual Round Table seminar attracts writers from all levels and provides a venue for open discourse with many of the nation's literary figures (editors, agents, publicists, reviewers, publishers, et al) who discuss business and career opportunities for writers over the course of two days. For more information about the Center for Independent Publishers, visit www.nycip.org.
 
 
PART THREE: More Upcoming Events
 
(1) Bookfairs:

Upcoming literary events to which the New York Chapter plans to attend include the annual Harlem Book Fair in July and the downtown Brooklyn Book Fair in September. Interested members should contact Louis at Louisreyesrivera@aol.com to help staff our table and to display their books. Last year's affair resulted in several of our members selling quite a number of copies of their works and in the chapter gaining several new members.
_______________________________________________


(2) Publishing Your Book: a three-part seminar

How are you going to get that book published? What are the options, the requirements and traps? Do you really need an agent, an editor, a designer? Find out what best suits the books you want to publish. As part of its on-going writing seminars, The Afrikan Poetry Theatre continues its three-part session (the first of which was held on Sat., Apr. 18) on the theme, Publishing Your Book, a detailed discussion with NWU veteran poet/publisher Louis Reyes Rivera.

The next two sessions (Alternative Publishing Outlets and Self- & Virtual Publishing) take place on Saturday, May 16, and Saturday, June 20, respectively. All sessions run from 5 to 7:30pm.

The Afrikan Poetry Theatre is located at 176-03 Jamaica Avenue (at 176th Street, Jamaica, Queens). Take the ‘F’ train to 179th & Hillside Ave., walk three blocks to Jamaica Avenue. Suggested donation: $10.00. For more information, call 718. 523.3312 or email at: Jwatusi@aol.com.

Poet/essayist Louis Reyes Rivera has been studying his craft since 1960 and teaching it since 1969. The recipient of over 20 awards, Rivera has assisted in the publication of over 200 books, including John Oliver Killens' Great Black Russian, Adal Maldonado's Portraits of the Puerto Rican Experience, and several anthologies (Bum Rush The Page: A Def Poetry Jam, and The Bandana Republic, among others). Since 1996, Rivera has continued to work with Jazz bands and to appear on  numerous public access programs. He can be heard most Thursdays at 2pm, on radio station WBAI (99.5 fm; www.wbai.org), hosting Perspective. He appeared on HBO’s award-winning Russell Simmons: Def Poetry and continues to conduct a writing workshop at Sistas' Place, in Brooklyn. Contact via email at Louisreyesrivera@aol.com.
 
 
BTL Bulletin
Newsletter of the New York Chapter/National Writers Union
(UAW Local 1981) April 2009
Editor: Louis Reyes Rivera                                              Louisreyesrivera@aol.com
_______________________
 
Writers Meet Publishers Fete
 
Friday, April 17, 2009 -- (New York) -- The New York Chapter of the National Writers Union (NWU) will host a gathering of local writers and alternative publishers in an open discussion on Sunday, May 17, 2009, from 2 to 6 p.m., at the Lafayette Grill, located at 54 Franklin St., in lower Manhattan, Chapter Chair Louis Reyes Rivera announced today.
“Given the current state of the economy, all of us, in every field, need to gather together to survive and prosper,” added the renown poet.

“Our union is dedicated to helping those writers who want to keep on writing whatever the state of the economy may be.”

Among the featured speakers will be representatives from the NWU (UAW Local 1981) along with Anne Horowitz, Associate Editor at Soft Skull Press, Carolyn Butts, Publisher of African Voices magazine, and Fred Beauford of Neworld Review, among others.

At the affair, publishers and writers will engage in open dialogue on alternative publishing outlets today. Writers and alternative publishers of every genre and background are welcomed to attend and are urged to contact Louisreyesrivera@aol.com via email or at 718.622.4426 in order to reserve their space. Current NWU members will be admitted free. All others will be asked for a suggested donation of $10 to help defray costs for the buffet and complimentary beverages. Again, RSVP is required.

To reach the Lafayette Grill by public transportation, take the A train to Canal Street and walk east to Broadway, then three blocks south to Franklin Street, or take the 1 train directly to Franklin Street and walk east. For more information, contact the National Writers Union, New York Chapter, GPO Box 16, New York, NY 10116, or Louis Reyes Rivera at the email address above.
 
 
BTL Bulletin
Newsletter of the New York Chapter/National Writers Union
(UAW Local 1981) May 2009
Editor: Louis Reyes Rivera                                              Louisreyesrivera@aol.com
_______________________
 
For Immediate Release
Contact: Louisreyesrivera@aol.com or info@nwuny.com
National Writers Union New York Chapter
 
New York Writers Meet Publishers
 
New York -- Thursday, May 21, 2009 -- This past Sunday, May 17, the National Writers Union's New York Chapter held an astounding forum, Resources for Writers: Alternative Publishing Outlets, at the Lafayette Grill & Bar in Lower Manhattan. Panelists included Carolyn Butts (publisher of African Voices magazine; Anne Horowitz (Associate Editor, Soft Skull Press), Fred Beauford (independent publisher and literature activist), and Jeff Rivera (founder of Gumbo, Inc., a resource outlet for writers in the digital age), each of whom was most informative regarding the state of alternative publishing in light of a souring economy.

Moderated by the NWU's NY Chapter Chair, poet/editor Louis Reyes Rivera, the forum on Alternative Publishing Outlets lived up to all expectations. With an audience of well over 25 writers, many of whom were new to the NWU, people in attendance were totally engaged throughout the two-hour dialogue.

Long time NWU activist/novelist Tim Sheard immediately assessed the initial impact he felt while sitting in the audience. "Louis, you did an outstanding job moderating the panel. Your opening remarks were very well done; nice summary of the salient issues," and quickly urged his Chapter Chair to "[p]lease post the entire piece in the NWU web site on the front page."

"The meeting engendered a wonderful sense of a community of writers," stated Susan E. Davis, National Contract Coordinator for the NWU and current Vice-Chair of its New York Chapter, " which is one gauge of its success," she added.

"There was a very useful exchange of information about the state of digital publishing and digital piracy, the Google case, and good resources for writers. I hope this will be the first of other such meetings," concluded the activist writer.

"Yesterday's meeting was a total upper for me," said Peter Benjaminson, author of The Forgotten Supreme (the story of Florence Ballard), and member of the Chapter's Steering Committee. "I hadn't expected the panelists to be as enthusiastic and full of ideas as almost all of them were," he candidly admitted. "And the questions from the audience showed they were truly interested in knowing more about the subject and in moving forward seriously with their writing."

When the newest member of the Chapter's Steering Committee, freelance writer and translator Arlette Lurie, was asked to assess the forum, she first cited a quote from the Chapter press release announcing the event. "...'To engage in an open discourse on the state of resources and publishing outlets available to writers,... to help writers connect with others and, in the connection, move ahead'..." and then added, "Goals set, goals met — as I see it, the magic formula for the success of Sunday's event at the Lafayette Grill rests in the unbeatable magic of host Louis Reyes Rivera and Loretta Campbell's mindful organizational prowess, an upbeat membership and inquisitive audience inspired by a vibrant panel. All in all:
A model NWU-NYC event. Solidarity in interAction!" she concluded.
Principle organizer for this first in a series of Resources for Writers fora and the Chapter's Financial Secretary, Loretta Campbell, was so impressed with the outcome and the dialogue that she immediately
suggested how the Chapter can best follow up with "a forum on digital literature.

“By that I mean," she explained, "short stories on the Ipod or on those cell phones. Also, let's consider having a workshop to teach folks how to write this kind of literature."
________________________________
 
Text of Opening Statement
by Louis Reyes Rivera, Chair,
New York Chapter
National Writers Union (UAW Local 1981)
17 May 2009
 
[Editor's Note: At the request of long time NWU activist Tim Sheard, author of the Lenny Moss Mysteries series, please find below the full text of Louis Reyes Rivera's opening remarks to the NWU NY Chapter forum, Resources for Writers: Alternative Publishing Outlets, recently held at the Lafayette Grill & Bar in Lower Manhattan.]
 
“For the year 2008, according to recent reports, major and competitive book publishers have averaged out a cutback in book releases equal to slightly over 20% less than what they had published in 2007.

“As of March 2009, at least 120 newspapers have either folded or have drastically cut back on services and staff, and have begun relying more on posting news via the Internet than on traditional print mediums. As of May 2009, the number of dailies so affected have increased to 200 newspapers across the country. The overwhelming numbers of these near-defunct dailies are/were owned by conglomerates. The alternative small, independently-owned weekly and monthly newspapers, interestingly enough, are faring better than the dailies, as are many of the so-called small press book publishers. Why?

“This phenomenon is best understood within the context of both the depressed state of our banking system (i.e., credit availability) and huge conglomerates going bust -- i.e., the current state of our economy within which we are revisiting a 'Greater Depression' than ever before witnessed (what our grand- and great grandparents had to struggle through in order that we might be here). It is as well the result of a non-regulated capitalist economy running rampant. We all know this, or should. It's not news.

“But the question is how does this effect writers? Since conglomerates became the major owners of news and print media (books, magazines, et al), then it stands to reason that publishers will suffer the downturns that their owners bear (and we were all warned, back in 1977, of the consequences of print media owned by others with the release of The Passionate Perils of Publishing, an independently published book that fully documented how many of our publishing outlets are controlled by corporations that have nothing to do with publishing.

“When conglomerates suffer, then their philanthropy also takes a downturn (i.e., less grant money, less underwriting of the arts in general, cutbacks from those granting agencies that have served to underwrite many a poet and budding novelist).

“For freelance reporters, for book reviewers, for novelists, essayists, non-fictionists, dramatists, poets and independent publishers, all of this equals budget restraints, cutbacks in publishing and a heavier reliance on alternative methods for disseminating literature and information.

“With a federal bailout of banks, credit deficits, housing, etc., this will mean, automatically, less federal, state and city subsidizing of the arts, or worse – more selective underwriting of the arts. Please take note that even the New York Foundation for the Arts is reportedly supporting more visual artists than writers.

“Today, the New York Chapter of the National Writers Union presents the first in a series of open dialogues on the state of the writer: how to address what alternative resources there are for writers in general.

“And we present this with our own ulterior motive. We want you to join the NWU as a proper venue for collective representation.

“We believe that small, alternative publishing outlets (especially those that are staffed by writers and editors) and both professional and aspiring writers are natural allies – individually, and by themselves, they are isolated and left to their own devices. Together and in association with one another, they can develop and influence strategies that would/could make them more capable of fending for themselves and on behalf of the literature to which they contribute and produce as editors, as alternative publishers, as writers....

“Who will lobby for you? Who will assist you with those contracts? How best can writers solidify against the control and usurpation of the work of literature, given the state of the Internet and the abuse of copyrights, if not through the collective enterprise of One Voice, even while we each still remain and maintain our own unique sovereignty as writers and as alternative publishers.

“In other words, why not join the NWU?

“For the past 28 years, the NWU has distinguished itself as among those most willing to fight for writers' rights and against conglomerate abuse of those rights. Like everyone else, the National Writers Union has suffered its own setbacks, yet it has remained the trade union that offers the greatest and broadest range of possibility. Of course, this depends not only on how many join the union, but equally, how many of those who do join actually engage in helping to shape the direction of their own union. It's like voting for Senator or President. You have work to do even after you've cast your ballot.

“By joining such a union as the NWU, you bring into the picture a collective strength, the harnessing of a collective voice, and with our own insights, such associations as the NWU can help us all meet today's challenges. That's our ulterior motive. Consider the possibility as we begin this discourse.”                                                                                           
 
 
 BTL Bulletin
Newsletter of the New York Chapter/National Writers Union
(UAW Local 1981) June 2009
Editor: Louis Reyes Rivera                                              Louisreyesrivera@aol.com
_______________________
 
Dear Chapter Members:
 
The New York Chapter is now preparing to elect Delegates from New York for the upcoming NWU Delegates Assembly (DA).
 
The Delegates' Assembly, which meets bi-annually, is the representative body within the NWU that sets policies and establishes protocols for the union. Each Chapter is represented at the DA in a manner proportionate to its numbers. The New York Chapter has seven seats at the DA.
 
This year's DA is scheduled to take place in Chicago (from Wednesday, August 5 thru Sunday, August 9, 2009).
 
All Chapter members (whose dues haven't lapsed) are eligible to nominate candidates and to declare their interest and intention to participate in the Delegates Assembly. Deadline for nominations is Thursday, June 25, 2009.
 
If you're interested in running, etc., please contact your Chapter Chair no later than Thursday, June 25th, via email at Louisreyesrivera@aol.com.
 
If there are any questions or points that any member wishes to have addressed, please contact me a.s.a.p.
 
In Solidarity,
 
Louis Reyes Rivera, Chair
New York Chapter
National Writers Union (UAW Local 1981)
 BTL Bulletin
Newsletter of the New York Chapter/National Writers Union
(UAW Local 1981) June 2009
Editor: Louis Reyes Rivera                                              Louisreyesrivera@aol.com
_______________________
 
 
June 9, 2009

Dear NWU Member,

The Electronic Rights settlement has reached the U.S. Supreme Court with a surprise: the Obama administration has weighed in with an amicus brief for the petitioners (the parties who worked out the settlement that was thrown out by the U.S. Court of Appeals for the Second Circuit). It was filed by the U.S. Solicitor General on behalf of the U.S. Copyright Office.

This is a major favorable development in the effort to save the settlement's inclusion of writers who did not register their works with the Copyright Office. The Solicitor's brief supports the assertion that the NY District Court did have jurisdiction over the case, stating, "Congress broadly vested the federal district courts with original jurisdiction over copyright actions, without specifying that jurisdiction is in any way dependent on registration." Another pro-plaintiffs amicus brief filed by the American Intellectual Property Law Association asserts that there was no ambiguity about authors' copyright being protected  by the Copyright Act of 1976 regardless if their works are registered with the Copyright Office, and agrees with view of the minority in the Second Circuit's decision (Judge John Walker) that the restrictions on monetary awards by a federal court were applicable only to enforcement provisions of the law (to encourage registration), not jurisdiction.  

The attorneys for the Court of Appeals have not yet submitted their brief. Once that is done, each party submits rebuttals. The final stage is the oral arguments before the Supreme Court.

If any member wishes to read the government's brief or any of the other briefs filed by attorneys for the class of affected writers, by attorneys for the publishers and database companies, as well as by the American Intellectual Property Law Association, please make your request by email to gcolby@nwu.org. In your message, please include your return email address. Thanks.


In solidarity,

Jerry

Gerard Colby
President
National Writers Union/UAW Local 1981

 Between The Lines
Newsletter of the New York Chapter/National Writers Union
(UAW Local 1981) June 2009                                     
Editor: Louis Reyes Rivera                                              Louisreyesrivera@aol.com
_______________________

Table of Contents:
 
1. Meet the Author: Labor Journalist Steve Early
2. Chapter Elections to NWU's Delegates Assembly 2009
3. Obama Administration Weighs in on Tasini vs. NY Times
___________________________________________
 
1. Meet the Author: Labor Journalist Steve Early
 
Steve Early, author of Journalistic Reflections on the Class War at Home, will be speaking at the Graduate Center for Worker Education (25 Broadway, 7th floor, Manhattan, near Bowling Green) this coming Thursday, June 18th, from 6 to 8pm.
 
Mr. Early, a respected labor journalist, lawyer, and former CWA organizer, will be discussing the current economic crisis as it relates to workers in general, including the fight for health care reform, the fate of "Employee Free Choice," union democracy and the rank-and-file, and his assessment of the future of national labor federations.
 
Co-sponsored by Monthly Review Press, WorkingUSA, Labor Notes, New Labor Forum, New York Taxi Workers Alliance, the Brecht Forum, ROC-United, and CWA Local 1180, this particular forum promises to offer much to the current economic battles affecting both writers and trade union workers in general.
 
That's this Thursday, June 18, 2009, at 25 Broadway (near Bowling Green), 7th floor auditorium, in Manhattan. Refreshments served. For more information, call 617.930.7327. To order his book online, visit www.monthlyreview.org.
__________________________________________________
 
2. Chapter Elections to NWU's Delegates Assembly 2009
 
Dear Chapter Members:
 
The New York Chapter is now preparing to elect Delegates from New York for the upcoming NWU Delegates Assembly (DA).
 
The Delegates' Assembly, which meets bi-annually, is the representative decision-making body within the NWU. Delegates attend plenary sessions, division causes, and vote on all policies and protocols, such as the National budget and legislative campaigns that guide the union.

Elected Delegates also serve until the next DA in 2011, during which time they may be called upon to vote on any important issues arising. While the National office pays for transportation, the Chapter pays for room and board. 
 
Each Chapter is represented at the DA in a manner proportionate to its numbers. The New York Chapter has seven seats at the DA.
 
This year's DA is scheduled to take place in Chicago (from Wednesday, August 5 thru Sunday, August 9, 2009).
 
All Chapter members (whose dues haven't lapsed) are eligible to nominate candidates, including themselves. Members who would like to be delegates may enter their names in nomination no later than 11:59 PM Thursday, June 25, via an email to Louis Reyes Rivera at louisreyesrivera@aol.com. If more than seven members are nominated, the Chapter will hold a snail-mail election.
 
If you're interested in running, etc., please contact your Chapter Chair no later than Thursday, June 25th, via email at Louisreyesrivera@aol.com.
 
If there are any questions or points that any member wishes to have addressed, please contact me a.s.a.p.
 
In Solidarity,
 
Louis Reyes Rivera, Chair
New York Chapter
National Writers Union (UAW Local 1981)
______________________________________________

3. Obama Administration Weighs in on Tasini vs. NY Times
Update on U.S. Supreme Court and the Electronic Rights Settlement
From NWU President Gerard Colby
 
June 9, 2009

Dear NWU Member:

The Electronic Rights settlement has reached the U.S. Supreme Court with a surprise: the Obama administration has weighed in with an amicus brief for the petitioners (the parties who worked out the settlement that was thrown out by the U.S. Court of Appeals for the Second Circuit). It was filed by the U.S. Solicitor General on behalf of the U.S. Copyright Office.

This is a major favorable development in the effort to save the settlement's inclusion of writers who did not register their works with the Copyright Office. The Solicitor's brief supports the assertion that the NY District Court did have jurisdiction over the case, stating, "Congress broadly vested the federal district courts with original jurisdiction over copyright actions, without specifying that jurisdiction is in any way dependent on registration." Another pro-plaintiffs amicus brief filed by the American Intellectual Property Law Association asserts that there was no ambiguity about authors' copyright being protected  by the Copyright Act of 1976 regardless if their works are registered with the Copyright Office, and agrees with view of the minority in the Second Circuit's decision (Judge John Walker) that the restrictions on monetary awards by a federal court were applicable only to enforcement provisions of the law (to encourage registration), not jurisdiction.  

The attorneys for the Court of Appeals have not yet submitted their brief. Once that is done, each party submits rebuttals. The final stage is the oral arguments before the Supreme Court.

If any member wishes to read the government's brief or any of the other briefs filed by attorneys for the class of affected writers, by attorneys for the publishers and database companies, as well as by the American Intellectual Property Law Association, please make your request by email to gcolby@nwu.org. In your message, please include your return email address. Thanks.

In Solidarity,

Jerry
Gerard Colby
President
National Writers Union/UAW Local 1981
 
 Between The Lines
Newsletter of the New York Chapter/National Writers Union
(UAW Local 1981) July 2009                                       
Editor: Louis Reyes Rivera                                              Louisreyesrivera@aol.com
_______________________

Table of Contents:

1. NWU NY Delegates Acclaimed
2. Upcoming Harlem Book Fair
3. September's Brooklyn Book Fest
4. Novel or History?
___________________________
 
1. NWU NY Delegates Acclaimed
 
As many of you already know, the NWU will be holding its National Delegates Assembly in Chicago, from Wednesday, August 5 through Sunday, August 9, 2009. The schedule includes: Wednesday, August 5, National Executive Committee (Officers) meet; Thursday (afternoon), August 6, National Executive Board (National Officers and Chapter and Division Chairs) meets; Friday, August 7 through Sunday, August 9,
National Delegates Assembly convenes.
 
Each chapter is assigned a number of delegates proportionate to chapter membership. The New York Chapter has been assigned up to seven delegates. Since only seven people were nominated, the following chapter members have been elected by acclamation to serve as this year's
representatives to the Delegates Assembly: Loretta Campbell,
Susan E. Davis, Harry Husted, Arlette Lurie, Nick Patti, Louis Reyes Rivera, and Yusef Salaam.
 
Our next Chapter Steering Committee meeting is scheduled for Sunday, July 26, from 2 to 4pm, at the NWU National Office, 113 University Place, 6th floor Conference Room. We will have an open agenda in preparation for the August Delegates Assembly. All members are welcomed to attend and participate in discussion of issues affecting both the writing community and the NWU.
 
Please contact chapter chair at Louisreyesrivera@aol.com for questions and information.
_________________________
 
2. Upcoming Harlem Book Fair
 
This year's annual Harlem Book Fair takes place Saturday, July 18, 2009, from 10 a.m. to 7 p.m., with panels, publishers, booksellers, poetry readings and independents all along West 135th Street from 5th Avenue to Adam Clayton Powell, Jr. Boulevard (a/k/a, from 5th to 7th Avenues). The 2, 3 trains leave you in the middle of it at 135th Street and Malcolm X Boulevard, next to the Schomburg Library/Research Center.
 
The NWU's New York Chapter will have a table there and members are welcomed to bring their books for sale and help staff our table. For information: Louisreyesrivera@aol.com.
____________________________
 
3. September's Brooklyn Book Fest
 
The annual Brooklyn Book Festival takes place this year on Sunday, September 13, 2009, from 10am to 6pm, in the Brooklyn Boro Hall Plaza (2, 3, 4, 5 trains to Borough Hall). It is considered one of the major events among both alternative and standard publishers The NWU New York Chapter will share a canopied booth with Steering Committee member and novelist Peter Benjaminson. There's plenty of room for all members to bring their books for sale and help staff our space. Contact Chapter Chair at Louisreyesrivera@aol.com.
________________
 
4. Novel or History?
 
On June 22, 2009, while in the midst of her campaign for the democratic nomination, then-Senator Hillary Clinton ignited a firestorm of protest and controversy when she said, “Dr. King’s dream began to be realized when President Lyndon Johnson passed the Civil Rights Act of 1964. It took a president to get it done.” The comment reignited the debate which has raged for decades over the motivation for President Johnson's sudden shift to become a major catalyst of civil rights legislation, most prominently the “Great Society Programs.”

Why did he do it? Why did President Johnson, a Son of the South, the epitome of the Southern Democrat, force the U.S. Congress to pass the Great Society programs? These questions have haunted historians and political pundits for decades.
 
NWU member Don E. Peavy, Sr., tackles these questions with Disaster Among the Heavens. His basic premise is that the Great Society President was himself forced to push his legislation in order to avert a violent revolution. The plot involves a group of Black Revolutionaries out of Chicago who had taken over NORAD, holding the facility hostage.
In this, his first novel, Peavy offers what has been described as a moving, enlightening and revealing historical narrative that posits the NORAD takeover as the compelling reason for the unprecedented actions of former President Johnson. Based on research of many governmental documents following their declassification, especially after the collapse of the Soviet Union, Peavy pieces together a shocking tale of how close the United States came to disaster as the result of the North American Aerospace Defense Command (NORAD).

Disaster is both a commentary on disaster movies and a parody of the novel as a literary form. It is fast paced action with twists at every turn. Satire, humor, wit, and a keen sense of history and culture are employed to create a myth that transforms a controversial and bloody period in our history into the etiology of LBJ's Great Society Programs.

Author Don E. Peavy, Sr. is a professor of religious studies, philosophy and ethics, having taught at Victor Valley College and at the University of Phoenix, Southern California Division. His other works include What Must I Do?: Bridging the Gap Between Being and Doing (Kendall/Hunt, 2006), and Play It Where It Lies: How to Win at the Game of Life (Hamilton Books, 2007). A long time member of the National Writers Union, Peavy now resides in Cagayan de Oro, Philippines. For more information, contact: The Write Stuff, P.O. Box 0360, Cagayan de Oro City, 9000 Philippines. Or telephone 213/784-0830(USA). Email: donepe@msn.com.
 BTL Bulletin
Newsletter of the New York Chapter/National Writers Union
(UAW Local 1981) August 2009
Editor: Louis Reyes Rivera                                              Louisreyesrivera@aol.com
_______________________


Dear NWU NY Member:
 
The New York Chapter of the National Writers Union will hold its next Steering Committee Meeting on Sunday, August 23, 2009, at the National Office, 113 University Place, 6th floor conference room. The meeting begins at 2pm and is expected to adjourn by 4:30pm. All chapter members are welcomed to attend.
 
Meanwhile, please review the press release below regarding the NWU's opposition to the recent Google settlement just announced.
________________________________

National Writers Union, UAW Local 1981
113 University Place, 6th Floor
New York, NY 10003

Contact: Larry Goldbetter, 773-551-7021 /
Tom Gradel, 773-561-1040           
 For Immediate Release
(August 13, 2009)
          
National Writers Union Opposes Settlement of Class-Action Lawsuit Against Google for Copyright Infringement

The National Writers Union today announced its opposition to the proposed $125 million settlement of a class-action copyright infringement lawsuit brought by writers and publishers against Google because its massive book-scanning project violated their copyrights.

"The proposed settlement is grossly unfair to writers," said Larry Goldbetter, president of the National Writers Union, Local 1981 of the United Auto Workers. "It gives Google monopolistic control over access to many previously published copyrighted books and materials, and allows Google to collect and sell information about the reading habits of individuals."

The NWU's decision to oppose the settlement was approved by the union's Delegates Assembly following three days of discussion last weekend in Chicago.

Though the NWU is not a party to the lawsuit, many of its 1,500 members – book authors, journalists, technical, academic and educational writers – will be directly affected by the settlement.

"More importantly, the economic well-being of all writers will be greatly impacted by precedents set by any court-approved agreement," Goldbetter said.

"By scanning and digitally reproducing millions of copyrighted books and articles without permission by the writers, Google violated authors' constitutionally protected rights," Goldbetter said.

"According to our understanding of the proposed settlement, writers whose copyrights were violated might receive a check for between $60 and $300 for each book and $15 per article," he added.  "Compared to the number and seriousness of the violations, the amount being offered by Google to each writer is ridiculously low.  Also, of the $125 million offered by Google, only $45 million is for writers. This seems way short of the amount needed to compensate authors of millions of books," he said.   
                           
The NWU also opposes the proposed settlement because it would give Google a license to reproduce a writer's copyrighted work unless the writer specifically tells Google to remove  his or her work from the program. This would apply to U.S.-based and foreign writers who might not be aware of the settlement and to those who presume -- with good reason because it's the law -- that their copyright protects them without the need to take further action.

"Putting the onus on writers to contact Google is also grossly unfair," Goldbetter said, "Google is essentially saying 'we are going to steal your work and sell it under terms we dictate unless you tell us not to.' A corporation, no matter how powerful, shouldn't be able to profit from your work without first contacting you and obtaining your permission in writing."

Finally, "the NWU opposes the settlement because it interferes or might interfere with the relationship writers have with their publishers," Goldbetter said.  "The settlement makes assumptions about electronic rights that writers may or may not have assigned to publishers and it sets up an unfair binding arbitration process to resolve disputes between writers and publishers. These disputes must be arbitrated on a case-by-case basis. The settlement does not allow for writers, who were collectively targeted, to collectively negotiate to settle these disputes."

The NWU's decision to oppose the settlement is especially timely. Individual writers, publishers, organizations or anyone else who wants to opt out of the settlement, object to the settlement, intervene in the case, or file a "friend of the court" brief, must file his or her  objections, notices or legal briefs with the Federal District Court in New York City by the close of business on Friday, Sept. 4, 2009. A hearing on the matter is set for Oct. 7, 2009.

The National Writers Union is the nation's only labor union and advocacy organization for freelance writers in all genres, media, and formats.  In addition to print media writers, NWU represents electronic writers and editors of blogs, e-newsletters and web sites. NWU is affiliated with the United Auto Workers (UAW) and the AFL-CIO. NWU's headquarters are at 113 University Place, 6th floor, New York, NY 10003.

If you want to more information, go to www.nwu.org. This statement is also available on the NWU Boston chapter website, www.nwuboston.org. On the Boston website, you will find this press release and other documents advising members on the Google settlement.

This statement is also available on the NWU Boston chapter website, www.nwuboston.org. On the Boston website, you will find the press release and other documents advising members on the Google settlement.
 
Post Script via Publishers Weekly:
http://www.publishersweekly.com/article/CA6676784.html

Responding to the NWU, Authors Guild executive director Paul Aiken said the agreement is a win for authors and readers. “The settlement creates new markets for out-of-print books. Authors who control the rights to their out of print books will receive the lion's share of the revenues from the use of their works, while retaining complete control to terminate those uses at any time” Aiken said.

 
Between The Lines
Newsletter of the New York Chapter
National Writers Union (UAW Local 1981)
August/September 2009
Editor: Louis Reyes Rivera
Louisreyesrivera@aol.com
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Table of Contents
 
Part One:
1. Members’ News: Booksigning… Jane LaTour

Part Two:
2. All Writers – Beware the Google Settlement:
It's On You To Opt Out or Opt In
3. Overview of the Google Settlement
4. Important Dates for Settlement

Part Three: Addenda
(5) Google Settlement Report: NWU former President Gerard Colby
(6) What the Authors Guild Asserts:
Unlocking a Vast Archive of Out-of-Print Books:
An Outline of Google Book Settlement Benefits
(7) NWU Opposes Google Settlement
(8) Q&A from Author's Guild Web Site:
Should I Opt Out? Should I Fear Google? What about the Money?
(Answers about the Google Book Settlement)
(9) Writers Balk at Google’s Proposed Book Deal
by Edward Hasbrouck
(10) Lawyer and Author Adds His Objections
to Settling the Google Book Lawsuit
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Part One:
___________________________________________
 
1. Members’ News: Booksigning… Jane LaTour

Booksigning: Jane LaTour "Sisters in the Brotherhoods"
Tuesday, September 1, 2009 @ 7PM
Bluestockings Bookstore Café 
172 Allen Street, Manhattan

Bluestockings Bookstore Café will host a booksigning for NWU award-winning journalist Jane LaTour in celebration of her latest book, Sisters in the Brotherhoods: Working Women Organizing for Equality in New York, a collection of oral histories of those working women who broke gender barriers, confronted sexist union cultures, and developed new organizations, including the United Tradeswomen. 

Bluestockings is located one block south of Houston Street and First Avenue. The F train to 2nd Avenue or the J, M, Z trains to Essex/Delancey Street station. Program starts at 7pm.
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Part Two:
___________________________________________
 
2. All Writers – Beware the Google Settlement:
It's On You To Opt Out or Opt In

Between now and this coming Friday, September 4, 2009, you must decide whether or not to opt in or opt out of the Google Settlement regarding both published books and articles.

Please be advised that before you make your decision to Opt In on the proposed settlement or Opt Out, read all of the materials herein included. These articles have been garnered for your edification. While there is much here to read, there is also much at stake for all writers, both PROs and CONs.

In a nutshell, millions of copyright-protected books (whether out-of-print or hard to access) have been downloaded and made available by Google. Many of these books had been previously accessed only through research libraries and “Special Collections” sections of selective libraries or, in the case of alternative presses and self-publishers, directly from the authors and small press publishers themselves. The Google Book Settlement changes all that. The question here is whether or not the settlement itself is in the interests of the authors.

Interested parties may visit and/or google the following web sites for more information: (i) NWU Boston Chapter at office@nwuboston.org; (ii) Authors Guild web site; (iii) Association of American Publishers web site; and/or (iv) google the topic: Google Book Search Settlement Notice to Rights-holders...

compiled by Louis Reyes Rivera
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3. Overview of the Google Settlement

In short, Google has been downloading millions of books and articles AND profiting from making them accessible for several years, but without permission from the respective authors, to the point where the Authors Guild and the American Association of Publishers joined in a class action suit [in 2005] against Google for copyright infringements. In October 2008, a settlement was reached between the plaintiffs and the respondents which affect all authors and publishers (including those who come through the alternative publishing world – writers and publishers who are NOT members of either of the organizations).

Among the issues at stake here is the setting of precedents that could very well lead to the eventual rewriting of all copyright protections.
_____________________
 
4. Important Dates for Settlement

  Claim your Books and Inserts: You can do this at any time, but in order to be eligible for Cash Payments for Books, you must complete your Claim Form on or before January 5, 2010.

 Opt Out of the Settlement: Your decision to opt out of the settlement must be submitted online or postmarked on or before September 4, 2009.

  File an objection or notice of intent to appear at the Fairness Hearing: This must be postmarked on or before September 4, 2009.
___________________________________________

Part Three: Addenda
___________________________________________
 
(5) Google Settlement Report: NWU former President Gerard Colby

Report to the National Executive Board on the Settlement Reached by Google, the Authors Guild, and the Association of American Publishers with Respect to Google's Unauthorized Scanning of Copyrighted Books by Jerry Colby, President, National Writers Union/UAW Local 1981.

SUMMARY: On the surface, the Authors Guild’s recent proposed settlement with Google looks good, lauded by the president of the American Society of Journalists and Authors as a "win-win" for all concerned: While admitting no wrong, Google has agreed to pay at least $45 million to settle, at an average $65 a book, infringement claims by authors and publishers whose books were scanned by Google without the rightsholders' permission in order to launch its Google Library program for its search engines on the Internet.

More importantly, another $34.5 million will go to administrative costs to set up and run a Books Rights Registry for the purpose of clearing rights for the non-exclusive use of books in various ways. The Registry will, according to the settlement filed with the federal Court for the Southern District of New York, "maintain a database of Rightsholders, collect their contact information and information regarding their requests with respect to uses of Books and Inserts, and identify, locate and coordinate payments to Rightsholders. The Registry will represent the interests of the Rightsholders, both in connection with the Settlement as well as in other commercial arrangements, including with companies other than Google (subject to the express approval of the Rightsholders of the Books involved in such other commercial arrangements). All funds received by the Registry will be for the direct or indirect benefit of the Rightsholders.

After the funding of its initial operations by Google’s payment, the Registry will be funded by taking an administrative fee as a percentage of revenues received from Google (estimated to be 10-20%). The Registry will be jointly managed by a Board comprising an equal number of representatives of the Author Sub-Class and Publisher Sub-Class – at least four author directors and at least four publisher directors. All decisions of the Board will require a majority of the directors, with such majority to include at least one author director and one publisher director."

In this way, millions of out of print books will become available for viewing at free portals at participating public and university libraries. Long forgotten books will be rescued for the marketplace and for researchers. Digital copies of books will be provided to their rightsholders for use on their websites, but you cannot use these digital versions for selling digital copies of your book without getting Google's permission first; after all, Google owns the illegal scans' copyright. Yes, ironically enough, Google recognizes the value of its own copyright, even if it does not recognize yours when it wants to scan your copyrighted book for its own commercial gain (through subscription fees, advertising fees, etc.).

If everything goes according to the lawyers' plan, Google will pay to have all potential rightsholders notified about the settlement in newspaper, magazines, radio and television, and websites on the Internet, using lists provided by the class counsel, i.e., the Authors Guild's hired Philadelphia law firm, Boni & Zack LLC of Bala Cynwyd, PA: (bookclaims@bonizack.com).

Claims by rightsholders will be processed by the Google Book Search Settlement Administrator, Rust Consulting, Inc. of Minneapolis, MN, which will be hosting a website for the settlement. This process started on January 5, 2009, with a deadline for Op-Out (exercising your option to not be included in the settlement) and objectors' filings (only for those who do not opt out and remain as affected parties) set for May 5, 2009. The settlement was recently given preliminary approval by the district court.

The Registry will essentially be the marketplace where a digitalized work, valued at a price set by the author or other rightsholder, may be exchanged for another virtual medium of worth or value: money. The prices are standardized into pricing bins ranging from $1.99 to $29.99.

The rightsholder chooses a bin for each work as a test that you have struck a happy medium between a commodity overpriced and a commodity underpriced. Only the market will tell what is right, and Google advises there will always be adjustments in a work in progress.

Royalties Based on Net, not Gross (List Price) Income.
The devil, as ever, is in the details. So what’s the bottom-line split? The rights holders, whether author or publisher or both, get the lion’s share, 63% of net income from the sales of digitalized books or of licenses for limited use or fees paid to subscribe to a research service set up by Google or a third party licensed by Google. The 63% rate is across the board, applied to subscription fees, direct sales, PODs, etc.  For authors who own and control all rights to their work, that 63% is a higher royalty rate than anything usually offered by publishers to authors from hard-copy book sales. Google gets the balance of income earned from the sale. At 37%, Google's rate is within the ballpark of what many booksellers get on consignment. In fact, most booksellers get more, 40%.

But here is the rub. By basing the rightsholder's royalty on net income, Google, now about to become the biggest bookseller in the world, is departing from the book industry's standard. Although many small publishers have succeeded in getting unwitting authors to agree to a royalty based on net income (promising advertising in return), the standard used by most of the industry's bellwether publishers is still the list price (the price the book is listed as selling for), i.e.: gross income. Net income, on the other hand, means the author's share depends on what is left after the publisher recovers "Google's operating costs," which are set at 10%. While 10% is not as onerous as what some publishers take, it still shifts some of Google's cost of doing business from Google onto the rightsholder -- in other words, you, the author.

Is 10% fair? For publishers and booksellers, one of the biggest expenses is warehousing. This is all but eliminated in the Internet's virtual market. The only costs are the storage devices, the electricity to run them, the communication devices to handle sales automatically and, last and probably the least costly resource, humans to oversee it all. The real expense, of course, is the size of the project, and that is determined only by Google’s capital capacity to pursue its ambition to store the information of the universe. Technology’s advances will help, but none of this could get off the ground if Google was not allowed to raid the ports of knowledge – particularly libraries – like Captain Kidd. The libraries are swooning before Google’s advances like ladies in port. And they are not alone. Tempted by the prospects of actually getting money for the use of their books on the Internet, writers will surely follow the lead of the Authors Guild.

In Most Cases, Revenues Go Directly to Publishers, Not Authors
Here, there is a disturbing aspect in the settlement: no money is to be paid by Google directly to the writers when the rights are shared between the author and a publisher; all money in these cases must first pass through the publisher's hands. It smacks of the same method that the Copyright Clearance Center uses (and the Guild criticizes for its lack of transparency in paying title-specific royalties), relying on the publishers to send the money on to writers. How can we, the writers, keep track of these revenues?

But the settlement carries a high price in the world bigger than your individual bank account. Google's calculating the royalty to the author on the basis of net sales, rather than list price, and its arbitrary scanning of copyrighted books and making them available for viewing and sale will also create, through the sheer volume of transactions involved, a new industry standard to the detriment of writers’ traditional standards in the book industry. And although the settlement legally applies only to the United States and its possessions, Google obviously has its eye on the global market. Because of the global span of the Internet, the Registry is anticipated to have an international scope. Ergo, the choice for where the deal should first be paraded: the recent annual conference of the International Federation of Reproduction Organizations (IFRRO), of which the NWU, like the Guild, is a member.

To be fair, on the other side of the argument is the fact that this calculation of royalties on the basis of net sales has already become an unfortunate (for writers) widespread practice, and that even if such calculations reduce the income earned per book by a writer, the volume of sales through Google will likely more than make up the difference in income many times over. This anticipated income, along with the Registry as a means of bringing out-of-print books back into the marketplace and bringing some order to a chaotic international Internet market plagued by pirates stealing copyrighted works, are worthy practical goals sought by the Authors Guild, which the NWU has sought also.

Still Needed: A Writers-Controlled Registry
Former NWU President Jonathan Tasini had a similar dream: a central registry for copyright clearances and licenses of writers’ digitalized articles and books, controlled by writers. The new deal between Google and the Authors Guild and the Association of American Publishers is half of Tasini’s dream. What is missing is a writer-controlled registry. Instead, the deal replicates the ASCAP model used by songwriters and musical performers to collect fees and royalties for the use of their works. Like ASCAP, the proposed Books Rights Registry’s board will be controlled by an equal number of authors and corporate representatives. Who the authors’ representatives on the board will be, however, and how they will be selected or elected is left blank in the settlement. ASCAP has been criticized in the past for focusing so much on the interests of the big music makers that smaller artists are ignored. Will this be replicated in the settlement's proposed Registry?

Rather than an economic win-win, therefore, it would be more accurate to put the settlement in its political context: the Guild has pulled in its horns since first locking them with Google in September 2005 in federal court filings and in debate at the Fifth Avenue Public Library in New York. The Guild's then-president, Nick Taylor, had started the battle as a matter of principle against a “plain and brazen violation of copyright law.” His successor, however, Roy Blount, looked into the frozen hard stare of all-powerful Google the following May, blinked – and quickly approached Google to try to cut a deal. For the following two years of negotiations, Blount sincerely tried to bring tangible results from the Guild’s lawsuit, instead of mounting debts from years of costly litigation.

Creating A New Market For Out-Of-Print Books
The goal of these efforts was to establish a new marketplace for out-of-print books, not to replace the existing market for in-print books. (As a concession to the publishers, the rightsholders of in-print books must choose to opt-in to be included in the Books Rights Registry.) This new market for out-of-print books was achieved through Google's agreement to pay for the setting up of the non-profit registry. The deal, however, doesn’t change Google's crime against copyright law into a virtue. Copyright law still stands, if wobbly. But in reality, the deal not only lets Google off the hook for violating copyright law; it enshrines the crime within the edifice of a golden promise: writers sipping complacently at small pools of cash created by the huge river of money rushing through the Internet from its creative source (the writer) to its final consumer (the “end user”).

The legal principle spelled out in the Constitution's giving authors and inventors exclusive rights to the use of their creations has been violated by Google's refusal to first get permission from the rightsholder before making copies of a book for use in its commercial ventures. True, most booksellers don’t get the permission of the author, at least not directly, before making a book available for browsing by potential buyers or for selling the book. But they do get the legal permission indirectly by ordering the book through the author's publisher or the distributor contracted by the publisher, and the publisher is only able to do this legally by signing a contract with the author or the author’s authorized agent.

For what, then, is loose change to Google, the goliath gets to have its way for past infringements from its illegal scanning of millions of copyrighted books. In fact, through this class action settlement, once it is given final approval by the federal court in New York’s Southern District, Google’s scanning without the rightsholders’ consent will, despite disclaimers, becomes a new industry standard through the default inclusion of every member of the affected class unless he or she opts out. The key to this qualitative change in industry standard is that the settlement defines the class members affected as the rightsholders of every book in the world.

While it is true that all class action settlements under U.S. law affect all members of a designated class unless they opt out, it is also obvious that Google is using this class action settlement to extend “license by default” to all books in the world.

In practice, therefore, the settlement still stands copyright law on its head by putting the onus of notice against permission to scan (copy) on every single copyright owner, rather than on those like Google who want to use works they do not own for their own commercial gain. Who cares if a copyrighted out-of-print book is scanned by Google, is made entirely viewable on the Internet for a fee without the owner’s explicit permission, and is sold as long as this brings the authors some badly needed income in these hard times? Today, authors are daily getting ripped off by pirates on the Internet. Now at least a system is being created whereby authors can get access to the Internet's vast revenue flows.

Who cares if Google gets an even bigger share of the digital marketplace? Apparently, the German booksellers and publishers association, the Boersenverein, does. The Boersenverein funds a pay-for-use book-scanning service called Libreka for German-language books. On October 30, 2008, the German association released a statement in which they branded the settlement as "a Trojan Horse" that would effect Google's "creeping takeover" of the world's electronic book market and an American cultural hegemony. "Google aims to achieve worldwide control of knowledge and culture," said Boersenverein's chief executive, Alexander Skipis. "In the name of cultural diversity, this American model is out of the question for Europe," The settlement, he said, contradicts  "the European ideal of diversity through competition." But the smaller German publishers and booksellers of Boersenverein do have competition -- from within their own national borders. The Association of American Publishers' chairman is Richard Sarnoff. Sarnoff, who praised the settlement he helped oversee, is co-chairman of Germany's largest publishing and media corporation, Bertelsmann Inc., which owns the U.S.'s largest publisher, Random House (one of the first publishers to introduce the all-rights contract).

Who cares if Google guts copyright law in practice, while singing praises to it in press releases? Despite the bitter financial lessons of the stock market and predatory lending by financial companies, the illusion goes on that we can all benefit by surrendering enforcement of legal rights to corporations so they can get bigger and more powerful and grab a bigger pie that we all supposedly might share. Some illusions die hard. Most people just have to learn the hard way. A penny for your thoughts? Or for your copyright?

Oh, by the way, the settlement crafted by the lawyers gives them $30 million.

RECOMMENDATION: A settlement is a way of resolving an issue without the parties having to take the issue before a fact finder (judge or jury) for resolution. It does not per se establish a legal precedent. In fact, the wording of this settlement emphasizes that the Copyright Act must be adhered to, requires Google to pay an amount to infringed authors which, while token, is still supporting the Act's principle about gaining permission from the rightsholder, and the settlement establishes a central database registry for which we in the NWU have been calling for years.
In balancing the problems and merits of this settlement, the registry carries much weight: it becomes an institutionalized means by which such unauthorized copying by major business interests can become a thing of the past -- if it is used.  In other words, the settlement brings with it, in establishing a central Books Rights Registry ruled by a board half composed of writers, the possibility of a practical solution to and cost-effective alternative to corporate piracy of copyrighted works on the Internet.

Our real concern is with changes in industry standards that impact negatively on our members. Weighing the costs against the benefits to writers, I recommend, therefore, that it be the National Writers Union's official position that we are not opposed to our members and other authors participating in the settlement, since it makes no legal concession to Google with respect to copyright law, despite the defendant's typical claim in a settlement not to have done anything wrong. At the same time, it authorizes Google to use copyrighted works on a non-exclusive basis. While this frees our members to sell their works elsewhere, we should have no illusion about the difficulty of competing with Google in the marketplace.

Finally, the NWU must 1) press upon the parties, and particularly the Authors Guild, to address our concerns about the increasing power of conglomerates in publishing and Internet book sales and the resultant deteriorating industry standards for authors, and 2) press upon other infringing companies to immediately cease their violations of federal copyright law and come into compliance with it by participating in the new Books Rights Registry.

The official settlement website is: http://books.google.com/booksrightsholders/
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(6) What the Authors Guild Asserts:
Unlocking a Vast Archive of Out-of-Print Books:
An Outline of Google Book Settlement Benefits

June 24, 2009. Millions of copyright-protected books are out of print and largely out of reach, available only through the largest research libraries in the country. The Google Book Settlement announced in October 2008 – the result of 30 months of negotiations between and among authors, publishers, university libraries and Google – changes all that, working a revolution in the access to knowledge.  If approved by the court, the settlement will:

Provide readers and researchers with access to millions of out-of-print books, many of which are currently difficult or impossible for readers to obtain, in a searchable online database.

Turn every public library building in the U.S. into a world-class research facility by providing free access to the online portal of out-of-print books.
Permit any college or university in the U.S. to subscribe to the same rich database of out-of-print books.

Give new commercial life to millions of books, while protecting the economic rights of authors and publishers.

Benefits for Readers and Researchers
The settlement unlocks a vast archive of out-of-print books, providing readers and researchers with far greater access to books than ever before.

Access at your public library.
The settlement turns every library into a world-class research facility, by offering every public library building in the U.S. – all 16,500 of them – a free online portal to millions of out-of-print books.

Access at colleges and universities.
 The settlement offers students and teachers in even the smallest and most remote American colleges and universities access, through institutional subscriptions, to millions of books previously available only in the largest academic libraries in the country.  Faculty members and students will be able to tap into this library from their offices and dorm rooms.

Access at your computer.
Anyone online in the U.S. will have free "preview" access to hundreds of millions of pages of text (up to 20% of each book).  Review hundreds of accounts of the Battle of Vicksburg, or of the beginnings of the Industrial Revolution, or of the sources and interpretation of Moby Dick, at no charge. Find one book particularly compelling?  Buy access to the entire book. Access to public domain books is free, of course, and authors controlling the rights to their books can choose to give away access for free.

This is just the beginning for readers and researchers. Technology is moving ahead quickly in the publishing industry. E-books are beginning to find a genuine market, for example, and on-demand publishing is entering its next phase as a machine scaled and priced to fit in many bookstores is now available. Since all of Google's uses of books under the settlement will be non-exclusive, rightsholders and the Book Rights Registry will be free to take advantage of such innovations and make out-of-print books available again to readers through new channels as they arise. Book publishing's "long tail" – the list of books that are viable in the competitive market through the use of new technologies – is poised to grow by an order of magnitude.

II. Benefits for Authors and Publishers
Out of print books have value, but that value is lost to the market and to authors and publishers.  The settlement breathes new commercial life into out-of-print books, while leaving the existing market for in-print books alone.

Find new readers. Out-of-print books need no longer be relegated to the used book market. The settlement will make out-of-print works available to hundreds of millions of readers, through ad-supported previews, sales of online editions, and institutional subscriptions. If a book catches on, there will be sales data to prove it, which may create an opportunity to bring the work back into print in traditional form.

In-print books are unaffected. A cardinal rule in the negotiations was not to disturb the market for in-print books. Titles that are in print won't be made available through any of the means described in the settlement, unless the author and publisher expressly want them to be.

A Book Rights Registry to protect rightsholders. A non-profit registry governed by authors and publishers will oversee the settlement on their behalf, to help make sure rightsholders receive the benefits they're entitled to. (Sign up for the Registry by filing a claim at googlebooksettlement.com.)

A fair share of revenues. 63% of gross revenues go to authors and publishers; Google keeps 37%. Funds will be paid to the Book Rights Registry, which will pay authors and publishers after retaining a modest administrative fee.  If rights have reverted to authors, they will receive 100% of the rightsholder revenue.

Unprecedented control for authors and publishers. Authors and publishers will manage their rights through an account management page at the Book Rights Registry. Authors who control rights to their works, for example, may choose to allow Google to display ad-supported previews of books, sell online editions (authors may set the price or let an algorithm do it for them), and license the work to colleges and universities, or they may choose to block all display uses. Authors can change their minds, at any time, with reasonable notice.  What if a book comes back into traditional print? The rightsholder can then simply turn off all display uses, if it chooses, and permit the publisher to sell the work through standard retail outlets.

Authors' estates, too. Authors' estates exercise the same rights as authors. At least $45 million in payments for unauthorized scanning. Any of Google's digitizing of in-copyright books done before May 5, 2009 is considered unauthorized under the settlement. Google will pay to obtain a release of these copyright infringement claims. Under the settlement, Google will pay at least $60 and as much as $300 to rightsholders for each book that it scanned without authority, for a total payment to rightsholders of at least $45 million.

This is just the beginning for authors and publishers. Since all of Google's uses of books under the settlement will be non-exclusive, rightsholders and the Book Rights Registry will be free to innovate and find other ways to make books available to readers.  Book publishing's "long tail" – the list of books that are viable in the competitive market through the use of new technologies – is poised to grow by an order of magnitude.

Here's the math: we expect the settlement to make at least 10 million out-of-print books available, which, at an average of 300 pages per book, represents at least 3 billion pages of professionally written, professionally edited text. 20% of that is 600 million pages of text available at every desktop computer in the U.S. as a free preview. (For comparison, Encyclopedia Britannica is about 44,000 pages in print form; Wikipedia's featured articles total about 5,000 pages. All English Wikipedia articles, including stubs, total perhaps 3 million pages.)
 
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(7) NWU Opposes Google Settlement
from a Press Release (August 13, 2009)

The National Writers Union today announced its opposition to the proposed $125 million settlement of a class-action copyright infringement lawsuit brought by writers and publishers against Google because its massive book-scanning project violated their copyrights.

“The proposed settlement is grossly unfair to writers,” said Larry Goldbetter, president of the National Writers Union, Local 1981 of the United Auto Workers. “It gives Google monopolistic control over access to many previously published copyrighted books and materials, and allows Google to collect and sell information about the reading habits of individuals.”

The NWU’s decision to oppose the settlement was approved by the union’s Delegates Assembly following three days of discussion last weekend in Chicago.

Though the NWU is not a party to the lawsuit, many of its 1,500 members – book authors, journalists, technical, academic and educational writers – will be directly affected by the settlement.

“More importantly, the economic well-being of all writers will be greatly impacted by precedents set by any court-approved agreement,” Goldbetter said.

“By scanning and digitally reproducing millions of copyrighted books and articles without permission by the writers, Google violated authors’ constitutionally protected rights,” Goldbetter said.

“According to our understanding of the proposed settlement, writers whose copyrights were violated might receive a check for between $60 and $300 for each book and $15 per article,” he added. “Compared to the number and seriousness of the violations, the amount being offered by Google to each writer is ridiculously low.  Also, of the $125 million offered by Google, only $45 million is for writers. This seems way short of the amount needed to compensate authors of millions of books,” he said.

The NWU also opposes the proposed settlement because it would give Google a license to reproduce a writer’s copyrighted work unless the writer specifically tells Google to remove  his or her work from the program. This would apply to U.S.-based and foreign writers who might not be aware of the settlement and to those who presume – with good reason because it’s the law – that their copyright protects them without the need to take further action.

“Putting the onus on writers to contact Google is also grossly unfair,” Goldbetter said, “Google is essentially saying ‘we are going to steal your work and sell it under terms we dictate unless you tell us not to.’ A corporation, no matter how powerful, shouldn’t be able to profit from your work without first contacting you and obtaining your permission in writing.”

Finally, “the NWU opposes the settlement because it interferes or might interfere with the relationship writers have with their publishers,” Goldbetter said.  “The settlement makes assumptions about electronic rights that writers may or may not have assigned to publishers and it sets up an unfair binding arbitration process to resolve disputes between writers and publishers. These disputes must be arbitrated on a case-by-case basis. The settlement does not allow for writers, who were collectively targeted, to collectively negotiate to settle these disputes.”

The NWU’s decision to oppose the settlement is especially timely. Individual writers, publishers, organizations or anyone else who wants to opt out of the settlement, object to the settlement, intervene in the case, or file a “friend of the court” brief, must file his or her  objections, notices or legal briefs with the Federal District Court in New York City by the close of business on Friday, Sept. 4, 2009. A hearing on the matter is set for Oct. 7, 2009.

The National Writers Union is the nation’s only labor union and advocacy organization for freelance writers in all genres, media, and formats.  In addition to print media writers, NWU represents electronic writers and editors of blogs, e-newsletters and web sites. NWU is affiliated with the United Auto Workers (UAW) and the AFL-CIO. NWU’s headquarters are at 113 University Place, 6th floor, New York, NY 10003.
_______________________________

(8) Q&A from Author's Guild Web Site:
Should I Opt Out? Should I Fear Google? What about the Money?
(Answers about the Google Book Settlement)

There’s not much time left for authors to opt out. What should I do?
Short answer: nothing.

Longer answer: Opting out of the settlement is for authors who want to preserve their right to sue Google themselves. We don’t think there are any such authors.
 
Then, do I need to sign up somewhere?
You don’t have to—your rights are fully protected either way. But yes, we do recommend that you claim your books. It’s easy to do that on line, at www.googlebooksettlement.com. Then when money starts coming in that belongs to you, the Book Rights Registry will know where to find you.
 
What money?
If Google scanned your book from any library, you may be entitled to a small payment just for that: at least $60 per book, and up to $300, depending on how many people claim their books. (The deadline is next January 5 and, again, you sign up at www.googlebooksettlement.com.)

There will also be money from advertising. When Google displays ads next to any page from a book of yours, you are entitled to a share of the money. And then there will be money from institutional licenses and from sales to consumers who find books through Google search and want to read more than a small sample.

In addition, there will be per-page printing fees from users of free access terminals in public and academic libraries throughout the country.
All this applies to millions of books that have been out of print. Books still in print (published up to January 5th of this year) can be included if that’s what both the author and publisher want.
 
But what if I don’t want Google displaying my book at all?
You are fully protected. The settlement gives rights holders full control over how their books appear in the program. You can tell Google to display nothing at all. You can display only snippets. You can let users see a fixed percentage of the book. You can let users buy the ability to read the whole book.

And you can change your mind at any time.
 
Assuming I do want to let readers buy access to my book, who decides the price?
You do. The rights holder.
Google has developed an algorithm to help find optimal prices for different books. Those prices will be used when rights holders don’t want to decide on their own, or when rights holders can’t be found.

But the rights holder can always take over and specify a price.
 
Am I the rights holder – or is the publisher – if my book is out of print?
When your book goes out of print, rights should revert to you, but generally you have to take action to make sure that happens: send a written request to your publisher. This settlement makes it more important than ever that authors do that.

If rights haven’t reverted, you and your publisher share control (and share the revenue). But you always retain veto power.
 
What is Google’s role in the new Book Rights Registry?
None. As part of the settlement, Google has to put up the start-up money to get the Registry up and running. (We expect them also to help with some tech support.) But the Registry will be controlled by a board of authors’ and publishers’ representatives; Google does not get a voice.
 
What about the “orphan works”? Doesn’t Google get a monopoly over those?
There is a big difference between “out-of-print” works and “orphan” works. It is inevitable that some rightsholders will not claim their out-of-print books, but we believe that over time most will. Unlike true orphan works – where the rightsholder is unfindable, such as photographs published without attribution –  books have lots of identifying information that the Registry can and will use to find their rightsholders.

In this way the settlement will rescue these books from the purgatory they are in now. And as that happens – as money begins to be collected on behalf of rights holders – we’re quite sure that the rights holders will come forward. Our own experience with the Authors Registry has shown tremendous success in finding rights holders of out-of-print books. We expect the Book Rights Registry to do even better, and to create what the industry has needed for so long, a comprehensive database of copyright owners.

So we think the settlement, especially the establishment of the Book Rights Registry, is a big part of the solution to the orphan works problem.
 
Can Google “repurpose” my text to make something new? Can they add hyperlinks to other sites?
No. The settlement includes strong protections for “Integrity of the Text.” The words of a book may not be altered in any way. Google cannot add hyperlinks (except to help the reader navigate within the book: for example, from the table of contents to the referenced page).
 
Should I be worried about my book being marred by intrusive advertising?
There are strict limits on what Google may and may not do in the way of advertising – for example, no pop-ups or pop-unders, and nothing that blocks any portion of a book at any time. Furthermore, the rights holder always has the right to bar advertising from any of his or her books.
 
What if Google ever decided to make a book disappear – under pressure from a foreign government, or to block porn, or for any other reason?
If that happened, Google would be required immediately to notify the Registry and turn over a complete digital version of the book. The Registry, and libraries, may then make it available (assuming the rights holder agrees).
________________________________________

(9) Writers Balk at Google’s Proposed Book Deal
by Edward Hasbrouck

This fall a federal judge’s ruling on a lawsuit against Google, the Internet search giant, could drastically shape the future of books and everyone associated with them–publishers, booksellers, libraries, readers and writers.

And at least one organization of writers, the National Writers Union (a UAW local), is worried about what that future could look like.

The Google case is another chapter in the unfolding story of what happens when traditional cultural forms can be digitized. It started in 2004, when Google reached an agreement with five major research libraries to copy all of their books, then make them available to search and read to different degrees on the internet. Google portrayed its grand universal library project as permissible under copyright law’s exception for copying for “fair use.”

Various individuals and groups, including the American Association of Publishers and the Authors Guild, sued, claiming Google’s project violates copyright law. The suits were consolidated in 2005.

Last October, lawyers for Google and the plaintiffs submitted an agreement that would give Google exclusive rights to digitally publish “orphan” books – books still in copyright but out-of-print – if copyright owners did not opt out. The agreement would establish a “Books Rights Registry” to govern rights for authors, publishers and others, and it provided $125 million (about $45 million for writers) to compensate for copyright violations.

The National Writers Union has fought for writers’ digital rights previously. In 2000 it won a case–New York Times v. Tasini – in which the Supreme Court ruled that writers did not implicitly give up electronic republishing rights when they sold articles.

Although NWU has not yet decided whether to formally file objections to the settlement by the Sept. 4 deadline, last week it announced objections to how the agreement treats writers – and readers.

Union president Larry Goldbetter says the deal “gives Google monopolistic control over access to many previously published copyrighted books and materials, and allows Google to collect and sell information about the reading habits of individuals.”

NWU objects to the minimal payments to writers, the grant of rights to Google unless authors opt out, and how the deal forces writers into “an unfair binding arbitration process” case-by-case, without the possibility of collective negotiation.

Edward Hasbrouck, co-chair of the NWU book division, objects to the proposed settlement’s assumption that publishers and writers share the same interest when “from the beginning there’s a conflict between writers as workers and employers: Who could own and get income from publication in electronic form?”

Although Google claims simply to be continuing its quest to organize knowledge and enable everyone to search it, Hasbrouck says, “This is about a corporation trying to make money off libraries of books for which they paid nothing.”

Not only would Google establish a monopoly – an issue the Department of Justice may raise in court, Hasbrouck says – by granting Google rights unless writers opt out, but the agreement “turns copyright on its head.”
And by making the settlement last for the life of existing copyrights, the privately negotiated deal sets the legal framework far into the future, usurping the role that Congress should fulfill.

Hasbrouck argues the deal not only intervenes in the relationship of writers and publishers but also limits authors’ rights as individuals and as potential collectivities in bargaining.

Readers have reason to worry as well about Google’s ability to track their reading habits and sell that information.

While the potential benefits of a global digital library may be huge–just like the potential profit and power for Google – the Google deal has too many flaws, including infringements of rights of writers and readers, to set the rules for a new era of digital books.
_______________________________________
 
(10) Lawyer and Author Adds His Objections
to Settling the Google Book Lawsuit
by Miguel Helft and Motoko Rich
Bottom of Form
Published: August 18, 2009
 
SAN FRANCISCO — A growing chorus of authors, academics and other book industry figures is objecting to the settlement of a class-action suit that would allow Google to profit from digital versions of millions of books it has scanned from libraries.

When the settlement was announced last October [2008], Google and the groups representing authors and publishers who had originally sued the company hailed the agreement as a public good. Readers and researchers would have access to millions of out-of-print and rarely seen books online, libraries nationwide would gain access to new volumes in electronic form and authors and publishers would have new ways to profit from digital copies of their works.

More recently, those questioning the agreement, which is subject to a court review, have raised concerns about whether it is fair to authors, whether it protects the privacy of people whose reading habits might be tracked and whether Google is being improperly given what amounts to exclusive rights to commercialize millions of out-of-print books. The Justice Department has begun an antitrust investigation.
In the latest objection, Scott E. Gant, an author and partner at Boies Schiller & Flexner, a prominent Washington law firm, plans to file a sweeping opposition to the settlement on Wednesday urging the court to reject it.

“This is a predominantly commercial transaction and one that should be undertaken through the normal commercial process, which is negotiation and informed consent,” Mr. Gant said in an interview. Google and its partners are “trying to ram this through so that millions of copyright holders will have no idea that this is happening.”

Unlike most previous objections to the project, which focused on policy issues and recommended modifications to the settlement, Mr. Gant argues that the agreement, which gives Google commercial rights to millions of books without having to negotiate for them individually, amounts to an abuse of the class-action process. He also contends that it does not sufficiently compensate authors and does not adequately notify and represent all the authors affected.

Legal experts, who had not seen the filing but heard a description of it, said it could be the most direct attack on the agreement so far.

“It may be the most fundamental challenge to the settlement yet,” said James Grimmelmann, an associate professor at the Institute for Information Law and Policy at New York Law School, a critic of the agreement whose blog tracks filings and commentary related to it.

The court has set a Sept. 4 deadline for briefs on the settlement and has scheduled a hearing for early October. 

Objections to the settlement have been raised by groups including the National Writers Union, the American Society of Journalists and Authors, representatives of the faculty of the University of California and the literary arm of the William Morris Endeavor entertainment agency.

The settlement has plenty of backers. Google and its former adversaries, the Authors Guild and the Association of American Publishers, who originally sued Google in 2005 in Federal District Court for the Southern District of New York, continue to promote its benefits, and say it does not create a monopoly. Some outside groups, including the Association of Independent California Colleges and Universities and the National Federation of the Blind, have supported it.

The parties to the settlement, who had not seen Mr. Gant’s filing, dismissed his stand, saying that the agreement was an appropriate use of the class-action rules, that the Authors Guild fairly represented all authors and that those whose books might become part of Google’s database had been appropriately notified.

“It is not surprising that for something this big and interesting, there will be multiple viewpoints, including some critics,” said Daphne Keller, managing product counsel at Google.

“The rights holder has 100 percent control and choice,” said Richard Sarnoff, former chairman of the Association of American Publishers and co-chairman of the American unit of Bertelsmann, the parent company of Random House. “If any author doesn’t want Google to be marketing or displaying their work, within 48 hours any of these works get pulled by Google.”

But Mr. Gant, who wrote “We’re All Journalists Now: The Transformation of the Press and Reshaping of the Law in the Internet Age” and is filing the action on his own behalf, not his firm’s, insisted that class actions were never intended to establish the kind of licensing agreement that Google obtained.

Legal scholars say that class actions have been used to reshape institutions and industries, as this settlement appears to do. “It is an interesting challenge, but how the court will respond is uncertain,” said Deborah R. Hensler, a professor at the Stanford University Law School.
While not opposing the settlement outright, William Morris advised its clients to opt out of it, on the grounds that it set non-negotiable royalty terms for works that are out-of-print but still in copyright. The Authors Guild has disputed that, saying authors have the right to renegotiate the terms at any time.

“I opted out of the settlement just on ornery grounds,” said Christopher Buckley, author of “Thank You for Smoking” and “Losing Mum and Pup,” a memoir. He said he was suspicious of the claims by Google and the Authors Guild that the settlement would help breathe new life into out-of-print works. “I think books either stay in print or don’t pretty much on their own,” he said.

He said he was skeptical that the agreement was increasing the public good. “Whenever I hear capitalism proclaiming noble motives,” he said, “something makes me check my wallet.”

 
BTL Bulletin
Newsletter of the New York Chapter/National Writers Union
(UAW Local 1981) October 2009
Editor: Louis Reyes Rivera                                              Louisreyesrivera@aol.com
_______________________

Please be advised that the Steering Committee for the NWU New York Chapter meets this Sunday, October 4, 2009, at the International Solidarity Center, 55 West 17 Street, 5th floor. We meet from 2pm to 4:30pm. All members are welcomed to attend. All suggestions will be seriously considered.
 
For further information, contact: Louisreyesrivera@aol.com or call 718.622.4426.
 
Looking forward to seeing you there.
 
In Solidarity.
 
Louis.
 
 Between The Lines
Newsletter of the New York Chapter
National Writers Union (UAW Local 1981)
October 2009
                                                                            
Editor: Louis Reyes Rivera
Louisreyesrivera@aol.com
 
=================
 
Table of Contents:
 
1. NWU NY Chapter To Meet:
2. UAW Region 9A and NWU in New Office Space:
3. UAW for Thompson's Mayoral Bid:
4. Update on Google Settlement:
 
 
================================
 
1. NWU NY Chapter To Meet:
 
The New York Chapter of the National Writers Union will hold a general membership meeting on Tuesday October 20, 2009 from 6 to 9pm. The meeting will take place at the UAW/NWU's new office space, located at 256 W. 38 Street, in the 12th floor Conference Room.
 
NWU President Larry Goldbetter will be on hand to update members on the Google/Authors Guild settlement, the Inkwell Writers campaign, and other union updates.

The meeting will also take up nominations for elections to the chapter’s Steering Committee and open the floor for members’ suggestions of how the union can best serve its members, including themes for upcoming forums. Currently in the works are a series of semi-monthly forums offered to both members and potential recruits on topics of concern to writers. All suggestions from chapter members are welcomed. What topics and areas of expertise would you want your chapter Steering Committee to plan around? Contact Louisreyesrivera@aol.com.

FYI: The NWU’s National Office has a new and improved web site now up and running. Log in at www.nwu.org and browse about for national updates around a number of issues and concerns, including health care and other benefits.

=============================================
 
2. UAW Region 9A and NWU in New Office Space:
 
Both the UAW and the NWU have recently moved into a new office space. Please note: the New York City-based UAW Region 9A is now located at 256 West 38th Street, on the 12th floor (just off Seventh Avenue in Manhattan).
 
The National Writers Union (UAW Local 1981) is also headquartered at 256 W. 38 St., on the 7th floor. The New York Chapter will also be headquartered in the NWU’s National Office.

=================================
 
3. UAW for Thompson's Mayoral Bid:
 
[Ed. Note: The following notice is from the UAW Region 9A, of which the NWU is a local. Both the UAW and the NWU’s New York Chapter Steering Committee have endorsed Bill Thompson's mayoral candidacy.]
 
From the desk of Scott Sommer, UAW Region 9A, New York:
 
"Polls consistently show that a large majority (roughly 70 percent) approve of his [Michael Bloomberg's] performance, but that a significantly smaller number (50 percent) plan to vote for him in November."
 --New York Times, Sunday, October 4, 2009
 
The mayoral election is far from over, support for Bloomberg has been soft for months and despite spending $15,000 per hour on his campaign (yes, you read that amount correctly), he still is hovering around 50% in the polls. His re-election is not a fait accompli. Below are some upcoming important events in support of Bill Thompson.
 
Tuesday, October 13, 2009 – 5:30 PM-8:00 PM
Bloomberg v. Thompson Debate
 
This is the big night when Thompson and Bloomberg go head to head. There needs to be a large pre-debate visibility crowd in support of Bill outside the debate locale, El Museo del Barrio, 1230 5th Avenue (at 104th St.) in Manhattan. Bill will be getting out of his car a block or two away and walking through the crowd. The debate starts at 7:00 PM and will be broadcast on TV. 
 
A large turnout is important, union staff and members would be great. If you’re interested in attending can obtain a ticket to the debate by going to the following website: www.ny1.com/Default.aspx?ArlD=106695.
 
Thursday, October 22, 2009 -- 6:00 PM Thompson Speech: 
"Term Limits and the Public's Trust: A Test of our Democracy"
 
Bill will be delivering a major address at the Danny Kaye Theater at Hunter College at East 68th Street and Lexington Avenue. It is a large auditorium and the campaign, of course, wants to fill the room with supporters of Bill.
 
Please publicize these events and let [Scott Sommer] know how many people [can be expected to attend from each local].
 
Scott Sommer can be emailed at ssommer@uaw.net

=============================
 
4. Update on Google Settlement:
 
As reported in The New York Times on September 19, 2009, the Department of Justice has recommended to the U.S. District Court that it reject the proposed book settlement between respondent Google and co-plaintiffs, the Authors Guild and the American Publishers Association, on the following grounds: that the settlement violates anti-trust laws; that it would lead to copyright infringement; and, that the Authors Guild did not properly represent the class of authors.
 
In response, the parties to the agreement asked for and were granted a postponement of the fairness hearing (originally scheduled for this past  October 7th) until early November. Meanwhile, on September 8, the National Writers Union filed legal objections to the proposed settlement of the Google Books copyright infringement lawsuit. In the brief filed in the United States District Court for the Southern District of New York, the NWU joined as a “friend of the court” in support of objections that were also being made by the American Society of Journalists and Authors (ASJA) and 58 individual authors.

NWU President Larry Goldbetter stated, “We support the Department of Justice recommendation and call on the Authors Guild to withdraw from the current settlement, so that they can join in new negotiations with the many voices that have up to now been excluded,” including the NWU and the American Society of Journalists and Authors, the Open Book Alliance, among other such entities that had not been included or consulted.
 
"The National Writers Union felt compelled to support the opposition to the settlement," Goldbetter said. "We must defend writers' legal, economic, and moral rights. We can't let Google or any mega-corporation steal our work, republish it and sell ads around it without permission, and then paying us only a pittance.

According to the NWU's released statement, "For the proposed settlement to be fair and comply with the law, fundamental changes are necessary. This can only happen with the input of those who opposed the settlement – including authors, libraries, independent publishers, consumer advocates, state attorneys general, the Justice Department, and Congress.

Goldbetter said, “We look forward to working with all affected parties to shape a new agreement, one that upholds copyright law and serves the interests of all readers and writers.”

========================================

 
 
In a message dated 11/30/2009 12:59:58 P.M. Eastern Standard Time, Louisreyesrivera writes:
 
Special National Writers Union Forum:
 
Journalist Hasbrouck To Visit New York
Offers Clear Update on Google Settlement
 
Freelance journalist and San Francisco NWU member Edward Hasbrouck will be meeting with NWU New York Chapter members and other interested parties this coming Thursday, December 3, 2009, to discuss the latest developments in the settlement between Google and the Authors Guild prior to the next scheduled court appearance later this month.
 
The December 3rd meeting will take place at the National Writers Union's new offices, located at 256 West 38 Street (between Seventh and Eighth avenues in Manhattan) in the 12 floor conference room.
 
All interested parties are advised that members of the New York Chapter's Steering Committee will be on hand to receive them, beginning at 5:30 p.m., and that the discussion on the Google Settlement will begin promptly at 6 p.m. Because of the building's security system, access to the building will prove cumbersome after 6:15.
 
Background Summary to the Google Settlement:
 
Back in 2005, both the Authors Guild and the American Association of Publishers joined in a class action suit against Google for copyright infringements. It happens that, for several years now, Google has been downloading millions of books and articles and profiting from making them accessible, particularly to libraries and as the result of its Internet advertising revenues, but without permission from the respective authors, authors' estates, et al, and without consequent payment of applicable royalties.
 
After three years in court, both the plaintiffs and the respondent agreed to a settlement
in October 2008, the language of which affects all authors and publishers, including those who belong to other associations (i.e., the Freelancers Union, the National Writers Union, the International Association of Journalists and Authors, et al) but who are not particular parties to the dispute and several of whom, in fact, have come out in opposition to the settlement's key provisions. As it stands now, even authors whose works are independently published via the alternative publishing world and whose works are out-of-print will be impacted by the final settlement.
 
In September 2009, both the Justice Department and the United States Copyright Office have expressed strong reservations regarding the proposed settlement on the grounds that certain provisions run contrary to existing copyright protections and anti-trust laws.
 
A member of the San Francisco Chapter and of the NWU Book Division, Ed Hasbrouck has been keeping close tabs on the Google Settlement and incisively reporting on its developments throughout. His visit to New York is part of a four-city stopover that begins in Boston on Tuesday, December 1st, followed by the Thursday, December 3rd New York meeting, then to Washington, D.C. on December 4th, and into Chicago by December 8th. The New York Chapter is inviting all interested parties, including members of both the New Jersey and Philadelphia chapters, for this most informative discussion.
 
Post Script:
* If you're interested in attending the Boston meeting, contact office@nwuboston.org.
* If you're interested in the Washington meeting, contact Ann at annfromdc@gmail.com, or at nwu.uaw1981@gmail.com.
* If you're interested in the Chicago meeting, contact Tom at thomasjgradel@earthlink.net.
* For NYC, contact Louis at Louisreyesrivera@aol.com.
 
 
 
 
Special National Writers Union Forum:
 
Journalist Hasbrouck To Visit New York
Offers Clear Update on Google Settlement
 
Freelance journalist and San Francisco NWU member Edward Hasbrouck will be meeting with NWU New York Chapter members and other interested parties this coming Thursday, December 3, 2009, to discuss the latest developments in the settlement between Google and the Authors Guild prior to the next scheduled court appearance later this month.
 
The December 3rd meeting will take place at the National Writers Union's new offices, located at 256 West 38 Street (between Seventh and Eighth avenues in Manhattan) in the 12 floor conference room.
 
All interested parties are advised that members of the New York Chapter's Steering Committee will be on hand to receive them, beginning at 5:30 p.m., and that the discussion on the Google Settlement will begin promptly at 6 p.m. Because of the building's security system, access to the building will prove cumbersome after 6:15.
 
Background Summary to the Google Settlement:
 
Back in 2005, both the Authors Guild and the American Association of Publishers joined in a class action suit against Google for copyright infringements. It happens that, for several years now, Google has been downloading millions of books and articles and profiting from making them accessible, particularly to libraries and as the result of its Internet advertising revenues, but without permission from the respective authors, authors' estates, et al, and without consequent payment of applicable royalties.
 
After three years in court, both the plaintiffs and the respondent agreed to a settlement
in October 2008, the language of which affects all authors and publishers, including those who belong to other associations (i.e., the Freelancers Union, the National Writers Union, the International Association of Journalists and Authors, et al) but who are not particular parties to the dispute and several of whom, in fact, have come out in opposition to the settlement's key provisions. As it stands now, even authors whose works are independently published via the alternative publishing world and whose works are out-of-print will be impacted by the final settlement.
 
In September 2009, both the Justice Department and the United States Copyright Office have expressed strong reservations regarding the proposed settlement on the grounds that certain provisions run contrary to existing copyright protections and anti-trust laws.
 
A member of the San Francisco Chapter and of the NWU Book Division, Ed Hasbrouck has been keeping close tabs on the Google Settlement and incisively reporting on its developments throughout. His visit to New York is part of a four-city stopover that begins in Boston on Tuesday, December 1st, followed by the Thursday, December 3rd New York meeting, then to Washington, D.C. on December 4th, and into Chicago by December 8th. The New York Chapter is inviting all interested parties, including members of both the New Jersey and Philadelphia chapters, for this most informative discussion.
 
Post Script:
* If you're interested in attending the Boston meeting, contact office@nwuboston.org.
* If you're interested in the Washington meeting, contact Ann at annfromdc@gmail.com, or at nwu.uaw1981@gmail.com.
* If you're interested in the Chicago meeting, contact Tom at thomasjgradel@earthlink.net.
* For NYC, contact Louis at Louisreyesrivera@aol.com.