Exclusivity Revisited
Wow, this topic has created a good deal of conversation! And I love it. Any time any topic elicits conversation is a good thing. And so far we all agree – without monetary compensation and a contract providing that, exclusivity isn’t happening.
Here’s why we may not get what we want. Employers, specifically publications, simply won’t use us if we don’t agree to adhere to this unnecessary restriction. It’s that simple. However, we as freelance writers and editors must make the choice between a paycheck and a point. If history bears out any truth, we’ll see more choosing the paycheck as many tend to cower when faced with a potential client’s restrictions. If you’re one of the starving masses of writing’s best and you feel you must accept the assignment with the restriction intact, God bless you. But you won’t hear me supporting you when six months from now the magazine has cut your pay and still expects you to work exclusively for them, or when two years from now ALL publications are expecting you to write for them exclusively or they’ll give you the boot.
I suggest that anyone faced with this requirement politely explain why you cannot honor it. If you don’t know how, here are some points to make:
– You are allowed to make a living, and that includes working for the competition. In reality, most magazines do not directly compete, so this may be easier to sell to a publication than to a vendor whose competitor wants you to write internal newsletters. Often, the opposition is due to an unseen factor. For instance, the magazine group I worked for had kittens over the fact that freelancers were indeed working for the competitor. This made no sense as the magazine formats were polar opposites. While they were presenting information on the same subject, the approaches couldn’t be more different. The real reason: the publisher of the new magazine was the publisher the old magazine group had just fired in a cost-cutting move. They were suing him because they didn’t like that he started a publication in the same genre. It was all a power play based on egos. Freelancers were the ones who paid dearly for it, too.
– Since you’re a freelancer, the company is not expected to cover the benefits or unemployment compensation. By placing this parameter on you, the company is defining, even in small part, your workload. Therefore, a case could be made under ERISA regulations that the employer might be liable for more than just the fee of the article in question. (thanks to Barb and Sagie for the advice on this one)
– You must maintain your freelance status or the employer could be liable for not deducting taxes from your wages. Again, this goes in line with the last point, but if you present these things as reasons why it could harm the employer, you may actually get somewhere.
– You are not on staff. Unless the company is willing to sign an exclusivity contract with you (and pay you for turning down those competitors), they must either make you a staff member or let you go about your business.
While these points may not win you any bonus points, they will show that you understand your rights and that you’re professional enough to stand firm on them. Sure, there’s a good chance they’ll say, “She’s too much trouble” and move on. But there’s a better chance that you’ll establish doubt in the minds of those placing unrealistic demands on your business practices. If nothing else, you’ve shown that you’re no lightweight. And hopefully, enough freelancers will follow your lead and make the point that exclusivity isn’t a given.
Excellent.
As a union negotiator, I am a big believer in setting a line and walking when the other side tries to stomp on it.
There are plenty of employers who WILL honor you and your work.
It’s about time the writers leave those who don’t, and find those who do. Yes, it takes a little work, and sometimes you have to do something you’d rather not just to pay a bill. But the more you maintain your professional (and personal) ethics, the better assignments/employers you attract.