>Date: Sat, 11 Jul 1998 00:58:17 -0400
>From: Wendy Battin <[log in to unmask]>
>Subject: Uniform Commercial Code Article 2B (Anti-writing law) (fwd)
>Sender: Discussion of Women's Poetry List <[log in to unmask]>
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>Reply-to: Discussion of Women's Poetry List <[log in to unmask]>
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>
>FYI
>>---------- Forwarded message ----------
>>Date: Thu, 2 Jul 1998 18:33:25 -0700 (PDT)
>>From: NWU-National Office West <[log in to unmask]>
>>To: [log in to unmask]
>>Subject: UCC2B
>>
>>Dear NWU member:
>>
>>In the next few weeks, we must act quickly to protest a matter of some
>>urgency. For the past two years, the NWU has been tracking the development
>>of the Uniform Commercial Code Article 2B (most recently, we appeared before
>>the UCC2B drafting committee). While this is a somewhat arcane legal
>>subject, it touches on the lives of *every* content creator.
>>
>>What is Article 2B? It began as an effort to address software licensing,
>>covering the range of contracts from mass market to commercial transaction
>>frameworks. But, like the Kenneth Starr investigation, Article 2B has gone
>>far beyond its original intent. It now will govern every aspect of
>>information use from the purchase of your next word processing program, to
>>research on your next assignment, to the copyright you hold in the work you
>>create.
>>
>>The attached fact sheet outlines 2B and its problems for writers (feel free
>>to distribute or borrow from it-with proper credit). Additional material on
>>2B can be found on the union's website.
>>
>>Why the urgency? The Drafting Committee is making a significant push to
>>bring the process to a close and push through its current version (or
>>something fairly close to it). The National Conference of Commissioners on
>>Uniform State Laws ("NCCUSL"), which along with the American Law Institute
>>("ALI"), writes and recommends uniform laws to state legislatures, is
>>meeting in Cleveland for its national conference July 24-31. During that
>>meeting, the Drafting Committee will seek approval of Article 2B from the
>>larger body.
>>
>>We are working with a variety of creator and consumer groups to ask for
>>changes in 2B prior to the NCCUSL meeting or, if we are unsuccessful in
>>gaining meaningful changes, stopping the approval of 2B.
>>
>>What are we suggesting? Our tactical position is that we want to be taken
>>out of the scope of 2B. In other words, since there is a long tradition of
>>common law and statute (the Copyright Law) which governs the relationships
>>between creators of text content and producer-publishers of their work,
>>there is no need for 2B to include the kinds of content creators we all
>>represent.
>>
>>Should the 2B drafting committee decline to exclude us from the article's
>>scope, we will continue to fight the specifics of 2B before the relevant
>>bodies, including state legislatures where 2B ultimately must be passed.
>>
>>
>>What should *you* do? Go to our website. Look at the sample letter we
>>suggest you write--and send a letter *immediately.* Send us a copy of
>>whatever you do write.
>>
>>Sincerely,
>>
>>
>>
>>Jonathan Tasini
>>President
>>
>>===========================
>>UCC 2B Fact Sheet
>>
>>What is it and where'd it come from?
>>
>>Proposed Article 2B is on the stealth track to join a family of "model"
>>statutes, called the Uniform Commercial Code, that regulates business
>>transactions. If approved, 2B will control not only software licensing, but
>>writers' contracts in journalism, book publishing, technical writing and
>>other media.
>>
>>2B is being drafted by the National Conference of Commissioners on Uniform
>>State Laws ("NCCUSL") and the American Law Institute ("ALI"), nonprofit
>>legal associations whose members write and recommend uniform laws to state
>>legislatures. While the drafting process is ostensibly open to the public,
>>the reality is that the current version of 2B was cut to suit factions of
>>the information industry, represented by lobbyists from major computer,
>>software, communications, publishing and other media companies.
>>
>>2B is slated for consideration by NCCUSL in July 1998, by the ALI Council in
>>October 1998, and by the combined drafting committee in November 1998. The
>>necessary final approval by NCCUSL and ALI memberships will not be sought
>>until 1999; if approved, NCCUSL will most likely present 2B to state
>>legislatures in September of 1999. However, the drafting committee will make
>>the crucial decisions about the scope and content of the statute between
>>July and November of this year.
>>
>>What, us, worry?
>>
>>Why should writers be concerned with the ponderous drafting machinery of a
>>commercial statute?
>>
>>The current version of 2B governs every aspect of information use from the
>>purchase of your next word processing program, to research on your next
>>assignment, to the copyright you hold in the work you create-yet it was
>>drafted without regard to guidance from creator or consumer groups. Once
>>states begin enacting licensing statutes incorporating 2B's provisions, by
>>default writers can be locked into terms we haven't even had the opportunity
>>to negotiate. The 2B machine, with its industry bias, will have done our
>>bargaining for us.
>>
>>What will be done & to whom?
>>
>>2B's tentacles will snare journalists, book writers, scriptwriters, BITE
>>(Business Instructional Technical and Educational) writers, all of us in our
>>capacity as researchers and yes, you, gentle reader.
>>
>>2B will strangle how we do business and negotiate the rights to our work by:
>>
>>* Replacing a "reasonable editor" standard for acceptance with a subjective
>>satisfaction standard, sanctioning the rejection of manuscripts at editorial
>>whim and without payment for the writer's time-not even a kill fee.
>>* Trumping first sale rights by permitting publishers of a collection, such
>>as a newspaper, to license and sell the collected work to another publisher
>>even if those secondary rights were retained by the writer.
>>* Holding publishers to a minimum contractual standard of subjective "good
>>faith" in promoting a writer's work, making it impossible to challenge their
>>failure to do so.
>>* Endorsing all rights contracts and undermining existing copyright law by
>>fostering the acquisition and exploitation of as yet unknown and undeveloped
>>future rights.
>>* Making technical and corporate writers accountable for the accuracy and
>>fitness of information supplied by the client for incorporation into the
>>work.
>>* Gutting fair use doctrines and library copying privileges by blessing
>>online "shrink-wrap" and "click-wrap" licenses for software and other
>>information products and services, which allow publishers to impose
>>conditions of use before consumers can access the information
>>* Choking free expression by permitting shrink-wrap and click-wrap licenses
>>to impose prior restraints on readers' and writers' freedom to criticize or
>>discuss the informational content.
>>
>>What's my union doing about 2B?
>>
>>* We formally proposed written changes to make 2B a more writer-friendly
>>law, helping to brake its headlong rush to the statute books, and alerting
>>creative professionals to its pernicious impact.
>>* We're coalition building with allied author and consumer advocates to
>>increase the heat on NCCUSL.
>>* We're monitoring the 2B drafting process with a NWU
>>attorney-representative.
>>What actions can I take to help wrest back our rights?
>>* Use your pen. Many writers won't know about this stealth legislation until
>>it hits them where they live. Let your colleagues and readers know about 2B
>>by writing articles about it. More information can be found at NWU's website
>>at <http://www.nwu.org/nwu/> and you can contact NWU President Jonathan
>>Tasini at (212) 254-0279.
>>* Write letters of protest to NCCUSL and your state legislators. For ease of
>>drafting we've posted a sample letter outlining the key issues, and relevant
>>contact information, on the NWU website.
>>* Spread the word. Talk to colleagues about 2B in other guilds and
>>organizations, and at the workplace. Bring it up at conferences. Make copies
>>of this Fact Sheet. Pass 'em on.
>>Remember, your words are your livelihood. If our work wasn't considered a
>>viable profit source, corporate America wouldn't be bellying up for the
>>rights to exploit it. Know your worth and fight for it!
>>
>>****************************************************************************
>>*********
>>National Writers Union             National Writers Union
>>National Office West                       National Office East
>>337 - 17th Street, Suite 101               113 University Place, 6th Floor
>>Oakland, CA 94612                          New York, NY 10003
>>Phone: (510) 839-0110              Phone: (212) 254-0279
>>Fax: (510) 839-6097                Fax: (212) 254-0673
>>email: <[log in to unmask]>               email: <[log in to unmask]>
>>
>>UAW LOCAL 1981 / AFL-CIO
>>WEBSITE: <http://www.nwu.org/nwu/>
>>****************************************************************************
>>********
>>
>
>-----------------------------------------------------------
>Wendy Battin
>[log in to unmask]
>http://www.geocities.com/SoHo/Lofts/5471/ashland.html
>
>Anything worth doing is worth doing slowly.  -- Mae West
>

____________________________________________________________
_____________________________________________
________________________
Annie Finch
 http://muohio.edu/~finchar
Assistant Professor of English/Creative Writing
Miami University
Oxford, Ohio 45220