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ASJA CODE OF ETHICS AND FAIR PRACTICES Preamble Over the years, an unwritten code governing editor-writer relationships has arisen. The American Society of Journalists and Authors has compiled the major principles and practices of that code that are generally recognized as fair and equitable. The ASJA has also established a Committee on Editor-Writer Relations to investigate and mediate disagreements brought before it, either by members or by editors. In its activity, this committee shall rely on the following guidelines. 1. Truthfulness, Accuracy, Editing The writer shall at all times perform professionally and to the best of his or her ability, assuming primary responsibility for truth and accuracy. No writer shall deliberately write into an article a dishonest, distorted, or inaccurate statement. Editors may correct or delete copy for purposes of style, grammar, conciseness or arrangement, but may not change the intent or sense without the writer's permission. 2. Sources A writer shall be prepared to support all statements made in his or her manuscripts, if requested. It is understood, however, that the publisher shall respect any and all promises of confidentiality made by the writer in obtaining information. 3. Ideas and Proposals An idea shall be defined not as a subject alone but as a subject combined with an approach. A proposal of an idea ("query") by a professional writer shall receive a personal response within three weeks. If such a communication is in writing, it is properly viewed and treated as business correspondence, with no return postage or other materials required for reply. A writer shall be considered to have a proprietary right to an idea suggested to an editor. 4. Acceptance of an Assignment A request from an editor that the writer proceed with an idea, however worded and whether oral or written, shall be considered an assignment. (The word "assignment" here is understood to mean a definite order for an article.) It shall be the obligation of the writer to proceed as rapidly as possible toward the completion of an assignment, to meet a deadline mutually agreed upon, and not to agree to unreasonable deadlines. 5. Conflict of Interest The writer shall reveal to the editor, before acceptance of an assignment, any actual or potential conflict of interest, including but not limited to any financial interest in any product, firm, or commercial venture relating to the subject of the article. 6. Report on Assignment If in the course of research or during the writing of the article, the writer concludes that the assignment will not result in a satisfactory article, he or she shall be obliged to so inform the editor. 7. Withdrawal Should a disagreement arise between the editor and writer as to the merit or handling of an assignment, the editor may remove the writer on payment of mutually satisfactory compensation for the effort already expended, or the writer may withdraw without compensation and, if the idea for the assignment originated with the writer, may take the idea elsewhere without penalty. 8. Agreements The practice of written confirmation of all agreements between editors and writers is strongly recommended, and such confirmation may originate with the editor, the writer, or an agent. Such a memorandum of confirmation should list all aspects of the assignment including subject, approach, length, special instructions, payments, deadline, and guarantee (if any). Failing prompt contradictory response to such a memorandum, both parties are entitled to assume that the terms set forth therein are binding. All terms and conditions should be agreed upon at the time of assignment, with no changes permitted except by written agreement signed by both parties. 9. Rewriting No writer's work shall be rewritten without his or her advance consent. If an editor requests a writer to rewrite a manuscript, the writer shall be obliged to do so but shall alternatively be entitled to withdraw the manuscript and offer it elsewhere. 10. Bylines Lacking any stipulation to the contrary, a byline is the author's unquestioned right. All advertisements of the article should also carry the author's name. If an author's byline is omitted from the published article, no matter what the cause or reason, the publisher shall be liable to compensate the author financially for the omission. 11. Updating If delay in publication necessitates extensive updating of an article, such updating shall be done by the author, to whom additional compensation shall be paid. 12. Reversion of Rights Reasonable and good-faith efforts should be made to schedule an article within six months and publish it within twelve months. In the event that circumstances prevent such timely publication, the writer should be informed within twelve months as to the publication's continued interest in the article and plans to publish it. If publication is unlikely, the manuscript and all rights therein should revert to the author without penalty or cost to the author. 13. Payment for Assignments An assignment presumes an obligation upon the publisher to pay for the writer's work upon satisfactory completion of the assignment, according to the agreed terms. Should a manuscript that has been accepted, orally or in writing, by a publisher or any representative or employee of the publisher, later be deemed unacceptable, the publisher shall nevertheless be obliged to pay the writer in full according to the agreed terms. If an editor withdraws or terminates an assignment, due to no fault of the writer, after work has begun but prior to completion of a manuscript, the writer is entitled to compensation for work already put in; such compensation shall be negotiated between editor and author and shall be commensurate with the amount of work already completed. If a completed assignment is not acceptable, due to no fault of the writer, the writer is still entitled to full payment. 14. Time of Payments The writer is entitled to full payment for an accepted article within 30 days of delivery. No article payment, or any portion thereof, should ever be subject to publication or to scheduling for publication. 15. Expenses Unless otherwise stipulated by the editor at the time of an assignment, a writer shall assume that normal, out-of-pocket expenses will be reimbursed by the publisher. Any extraordinary expenses anticipated by the writer shall be discussed with the editor prior to incurring them. 16. Insurance A magazine that gives a writer an assignment involving any extraordinary hazard shall insure the writer against death or disability during the course of travel or the hazard, or, failing that, shall honor the cost of such temporary insurance as an expense account item. 17. Loss of Personal Belongings If, as a result of circumstances or events directly connected with a perilous assignment and due to no fault of the writer, a writer suffers loss of personal belongings or professional equipment or incurs bodily injury, the publisher shall compensate the writer in full. 18. Copyright, Additional Rights It shall be understood, unless otherwise stipulated in writing, that sale of an article manuscript entitles the purchaser to first North American publication rights only, and that all other rights are retained by the author. Under no circumstances shall an independent writer be required to sign a so-called "all rights transferred" or "work made for hire" agreement as a condition of assignment, of payment, or of publication. 19. Reprints All revenues from reprints shall revert to the author exclusively, and it is incumbent upon a publication to refer all requests for reprint to the author. The author has a right to charge for such reprints and must request that the original publication be credited. 20. Agents In the absence of any agreement to the contrary, a writer shall not be obliged to pay an agent a fee on work negotiated, accomplished and paid for without the assistance of the agent. An agent should not charge a client a separate fee covering "legal" review of a contract for a book or other project. 21. TV and Radio Promotions The writer is entitled to be paid for personal participation in TV or radio programs promoting periodicals in which the writer's work appears. 22. Indemnity No writer should be obliged to indemnify any magazine or book publisher against any claim, actions, or proceedings arising from an article or book, except where there are valid claims of plagiarism or copyright violation. 23. Proofs The editor shall submit edited proofs of the author's work to the author for approval, sufficiently in advance of publication that any errors may be brought to the editor's attention. If for any reason a publication is unable to so deliver or transmit proofs to the author, the author is entitled to review the proofs in the publication's office. Rev. 9/97 - http://www.asja.org [an error occurred while processing this directive] |