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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