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Victoria Strauss@victoriastrauss.bsky.social |
When I posted this earlier today, a couple of people raised the question of whether independent contractors (writers) are covered, as opposed to just employees. Rule is over 500 pages so obviously I haven't read it all (!) but its definition of "worker" specifically includes independent contractors
5 replies 45 reposts 89 likes
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Ken Schneyer
@kenschneyer.bsky.social
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Some writers are performing work, i.e., labor, and that can be possible for an independent contractor. But a novelist or short-story writer who sells rights to a magazine or book publisher is an owner conveying property, not a worker.
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Cassie E. Brown
@ozarkmisfit.bsky.social
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So, is the question about contracts restricting sales of future books, say Book2 and Book3 of Fun Series (which is future work) which would thus constitute a NC? Because an author choosing to publish Book1 is otherwise selling a single work's opportunity for publication under a set of circumstances.
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Jennifer R. Povey
@ninjafingers.bsky.social
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It applies if you are working for hire. It would not affect exclusivity contracts that refer to a specific work. What it might impact is broad right of refusal contracts where a publisher wants to see every book you write (but likely not series or "related" contracts). NDAs are still legal.
2 replies 0 reposts 0 likes
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Bree (half of Kit Rocha)
@mostlybree.kitrocha.com
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@courtneymilan.com did a thread on this when we first read it and it seems potentially inconclusive. They do specifically mention authors but NC a
were still ok while you're employed by someone... So when are we employed and no longer employed by a pub? 🤣 not sure if anyone figured that out!
1 replies 2 reposts 5 likes
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Harold Underdown
@hunderdown.bsky.social
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This is interesting. I am not a lawyer, but I do wonder if a publishing contract can legally be considered an employment contract... I guess we'll find out!
1 replies 0 reposts 2 likes