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The Creators
Federation's policy agenda will have domestic and international
components.
Domestic: at the federal and state level, the Federation
is developing a comprehensive, sustained policy agenda touching
creators’ lives—contract rights, copyright, tax issues,
health care and pension. For example, bargaining rights. Hundreds
of thousands of writers, graphic artists, photographers, fine artists
and other creators in the United States make their living by providing
creative works on a "freelance" basis. These persons do
not enjoy a traditional "employer/employee" relationship
with any single purchaser of their services. Apart from a handful
of "superstars" in these fields, the vast majority of
these freelancers are compensated very modestly, and many work only
on a sporadic or part-time basis.
Faced with the reality of these episodic engagements, and the widely
differing terms of such engagements, freelancer writers and artists
of various kinds have joined together into organizations for the
purpose of sharing information and strategies for dealing with the
entities that purchase their talents. But the ability of freelancers
to join together to deal with these purchasers is significantly
limited by antitrust law. Antitrust law has come to embody an artificial
distinction between "employees" (who enjoy broad protection
from antitrust liability when they join together to deal with their
employers) and "independent contractors" (for whom the
very act of joining together to deal with the purchasers of their
labors may be viewed as a violation of antitrust law).
Goal: promote a public policy for passage of anti-trust exemption
for freelance creators.
International: creators’ rights are increasingly determined
by legal developments around the world, principally within the World
Intellectual Property Organization (WIPO). Yet, creators have
little presence at WIPO. Creators need to build relationships with
negotiators. For example, creators in the U.S. need relationships
with governments and non-governmental bodies of the European Union.
Using the existing resources within its constituent organizations
(for example, legal and policy staff), the Federation will track
the progress of proposals being discussed by WIPO and other international
bodies, and develop a coordinated strategy for advocating the views
of U.S. creators before such bodies.
Please feel free to e-mail us your thoughts at: projects@creatorsfederation.org
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