law

Non-compete clauses for freelancers

This entry was posted in Writing Writing as business and tagged contracts law writing on by

Recently I got into a Reddit discussion that included a question about a non-compete clause for a freelance writer. Such clauses have legitimate uses, but broadly written ones can be nasty. They can damage a writer’s ability to earn an income. I’m not an expert in this area, so I’ve gone looking for reliable material.

PublishLawyer.com has an informative article, primarily addressing fiction writers. It quotes a “typical provision”:

During the term of this Agreement, Author has not prepared or published, and shall not prepare or publish, or participate in the preparation or publication of any work that directly competes with the sales of the Work.

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Judges assault First Amendment

This entry was posted in Commentary Writing Writing as business and tagged First Amendment law liberty on by

A recent ruling by the U.S. Court of Appeals for the 10th circuit should seriously worry writers. It says that the government can ignore the First Amendment when it feels like it. In the case in question, the court acknowledged that website design work is “pure speech,” which means it’s protected by the First Amendment. “Appellants are forced to create websites — and thus, speech—that they would otherwise refuse.” But then it argued that the State of Colorado has a “compelling interest” in forcing a website designer to work for the plaintiff. It ruled that, in spite of the plain First Amendment violation, the designer can be forced to create speech.
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The “Pro Act” bill threatens free expression

This entry was posted in Commentary Writing Writing as business and tagged law liberty writing on by

The more I hear about the “Pro Act” bill (it’s not an act till Biden signs it), especially from its supporters, the more convinced I am that it’s a threat not just to writers’ livelihoods but to free expression.

As I wrote in an earlier post, the bill is a wolf in sheep’s clothing. On the surface, it just grants freelancers a freedom we didn’t have before, the freedom to deal with clients through organizations. This ignores the reality of labor law, which gives unions the power to compel employers by force of law to enter into agreements. Outsiders often have the choice of joining the union, giving the union money without joining, or not working for a unionized employer.
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An assault in Congress on freelance writers

This entry was posted in Commentary Writing Writing as business and tagged law liberty writing on by

Previously I’d written about California’s AB-5, which put heavy restrictions on the number of articles freelance writers could sell. That was ultimately amended, after some major companies stopped using freelancers.

A bill now in Congress is raising similar concerns. It’s different from AB-5 in important respects but is still disturbing. The “PRO Act” has passed the House of Representatives and gone to the Senate. It would require clients to treat freelance writers as employees, but only in certain respects. To be exempt, writers would have to pass all three requirements of the “ABC test”:
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Book discussion: The State Against Blacks by Walter Williams

This entry was posted in Book discussion and tagged books law liberty on by

Economist Walter Williams died on December 2, 2020. As with my post on James Randi, this article is more a memorial to him than a discussion specifically of The State Against Blacks. If you haven’t heard of Williams, Thomas Sowell’s essay on him is a good place to start. It’s worth reading even if you have. (Sowell is 90 years old himself. I hope I don’t have to do a similar piece on him too soon.)
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Book discussion: Free to Move

This entry was posted in Book discussion and tagged books freedom law liberty on by

Darth Vader saying: Not happy with the Empire? Then move to Another GalaxyIt’s a curious thing that the people who say you should leave the country if you don’t like it are so often the ones who favor legal barriers to doing it. Having the option is a valuable freedom, though.

We take for granted the freedom of Americans to travel from one part of the country to another, or at least we did until 2020. Now governments are imposing interstate travel restrictions in a futile attempt to contain a virus which is already on both sides of every state line. Shortly before I started writing this, I learned that if I travel six miles to Massachusetts, I now have to show a recent negative COVID-19 test or quarantine for 14 days. I don’t know how they plan to enforce it. Putting checkpoints on every road that crosses the state line would be ridiculous. Maybe they’ll pull over cars with out-of-state plates and demand test documentation. Maybe friends and family members will start standing on opposite sides of the state line to talk to each other as the police watch to make sure they don’t step over the border.

The freedom to “vote with your feet” is the topic of Ilya Somin’s book, Free to Move. Somin is probably best known for his writing in the collaborative legal blog “The Volokh Conspiracy.” He presents an argument for maximizing the freedom to relocate from one country, state, or town to another.
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California bill threatens freelance writers 2

This entry was posted in Commentary and tagged business California law writing on by

California map from EPA.gov Politicians hate the “gig economy.” The simple reason is that it’s harder to collect taxes from freelancers than from employees. The California Assembly has passed a bill that would put many freelancers out of work, including writers. It would force clients to take them on as employees. That’s very unlikely to happen for the typical writer, who would simply lose the work.

As of this writing, the bill still has to be passed by the Senate. The text of California AB-5 is on the state website.

I’m not a lawyer and (fortunately) don’t live in California, but this kind of legislation could spread to other states. If it does, it will force a lot of writing work overseas, hurting people in every state.
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A banned book you may never see 3

This entry was posted in Commentary and tagged censorship law on by

“Banned Books Week” has become a joke. I call it “bland books week.” Its definition of “banned” includes being deemed inappropriate for elementary school libraries. This is at best deceptive, and it’s an excuse for not talking about books that face actual efforts to ban them. The list also includes “challenged” books; that means simply that somebody asked a library not to carry a book. Talking about real banned books would require entering real controversies.

Unless you think school libraries should carry everything down to and including hard porn, “banning” in that sense is justified in some cases. “Challenging” hardly deserves notice at all, unless it results in serious consideration of excluding a book. Whether a school library carries Captain Underpants or not isn’t an issue of freedom of the press. Whether a book can be published at all is. There are books which have actually been banned in recent US history.
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Busted for writing without a license?

This entry was posted in Commentary Writing as business and tagged law licensing on by

Opponents of the First Amendment rarely say they’re against it. They say things like “money isn’t speech,” by which they mean that your rights end when money changes hands. This would reduce freedom of speech to the freedom to stand on a soapbox and deliver an oration, provided you hadn’t paid for the soapbox.

Nonetheless, some states and localities won’t let you do any kind of business without government permission. This includes selling your writing. An article by Kylie Jane Wakefield gives some ugly details. Some governments demand money before they’ll give you permission to write for income, sometimes as much as $100 per year.
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