Membership / Donation Drive and regional growth

There has never been a better time to join PWAC
 ... a membership drive is on until March 31/12 with a great welcoming offer!

As a current member you can earn your next year’s dues and MagNet opportunities by welcoming new members!
Details of the MEMBERSHIP offer at:

http://www.pwac.ca/joiningpwac/joinpwac

where you can also learn more about the current DONATION DRIVE
 and consider making a charitable, tax-deductable donation to PWAC

ALSO

Many exciting things are happening at PWAC! The National Board of Directors has just returned from meeting in Toronto this past weekend – check out the full report of news from PWAC President, Craig Silverman at http://www.pwac.ca/blog/2012/02#2390

AND if that wasn’t enough great news ...

VISIT the new fbook page and sent it to your writing friends in the southern Alberta area as I am looking to soon open our region’s next chapter – LETHBRIDGE & AREA CHAPTER – now that IS exciting!

http://www.facebook.com/pages/PWAC-Lethbridge-Area-Alberta-Chapter/333509543354065

I look forward to welcoming all new writers to PWAC - ask me for more details! 

Michelle Greysen
PWAC National Board, Regional Director Prairies and the North

PWAC-Sask Professional Development: Freelance Success Secrets

The Professional Writers' Association of Canada (PWAC), Saskatchewan chapter, would like to invite you to an upcoming professional development workshop in Regina.

  

When:  Saturday, Jan 21 · 1pm - 4pm
Where: Room 178 at Riddell Centre

            University of Regina

            Regina, SK

Get the clients, income and lifestyle you want. Learn how to market your artistic services. Make more prospects say “yes” and create new streams of income from your artistic medium. PWAC member, Kelly-Anne Riess is a professional writer who has written for such publications as the Globe and Mail and Canadian Geographic.  She has also written for television, and has several large corporate clients. She is the author of three books and has been shortlisted for a Saskatchewan Lieutenant Governor’s Award. She also received a University of Saskatchewan Outstanding Young Alumni Award.

Cost: PWAC members: No charge (if attending meeting after the workshop)
Non-PWAC-members: $20
IABC and EAC members: $15
Students: $10Space is limited so please register early. To register, please send your name, mailing address, email address, telephone number, and affiliated organization if any, to pwacprairies@gmail.com. Please use "Registration for Jan. 21" in the subject line. Fees will be collected at the door, and receipts issued. Please note: If registrants are unable to attend, please email to cancel in advance or you may be billed for the cost after the date.

Sponsored by the Centre for the Study of Script Development.

To learn more about the Professional Writers' Association of Canada, visit www.pwac.ca.

MEMBER NEWS ...

Thinking about volunteering this year?
Doreen Pendgracs' book, Before You Say Yes,  might help you decide.
Check out the review and interview
on Regina member Marie Powell's blog

ALSO UPCOMING in Winnipeg:
Doreen Pendgracs, national vice president for the Professional Writers Assn of Canada, is also leading a workshop in February and if you are in Winnipeg you will want to put this on your calendar!
The Writer's Number:
A Finance Workshop Tailored for Writers
Saturday February 25 | 9:30 am - 4:30 pm | 218-100 Arthur Street (Burns Family Classroom)
Cost: $40 for MWG members, $50 for non-members
Whether you are an established writer looking for some financial management guidance or a beginner who would like to establish a system to manage your finances professionally, this two-part workshop will provide a wealth of information for the writing professional. The day is broken into two parts. The morning will be led by Doreen Pendgracs, a seasoned freelance writer with great presentation skills, and will focus on general finance tools for writers. The afternoon will be led by financial specialist Ernest Gautron, who will guide you through the personal income tax process for writers.
Doreen Pendgracs has been a freelance writer for nearly 19 years and has done freelance projects for corporate clients, magazines, newspapers, websites and CBC radio. She is currently writing her fourth book, operates two blogs and is active on various social media sites. Doreen is a seasoned Toastmaster, has facilitated many workshops and been featured as a keynote speaker at various venues and events. Doreen will share her insights on how to make a living as a freelance writer, the importance of updating your skills, keeping accurate records, efficient invoicing and networking. Doreen is national vice president for the Professional Writers Assn of Canada and also a member of The Writers Union of Canada, the Travel Media Assn of Canada and the Canadian Freelance Union. (link to Doreen's BLOG on the right hand side of this blog page under members' BLOGS list).
Ernest Gautron has been involved in and with the arts since 1975. Where he was administrator for Le Cercle Moliere and subsequently sat on numerous boards. He currently runs Gautron Management Services Inc, offering income tax services and financial insights to a varied client base which includes numerous artists; specifically, writers, playwrights, visual artists, actors, technicians, directors, artisans and other people involved in the cultural industries. I love putting the tax puzzle together for people. My first clients were actors and technicians.
Workshop schedule
9:30 am - 12:30pm - Finance for Writers
12:30 - 1:30 - lunch
1:30 pm - 4:30pm - Taxes for Writers
To register
Send a cheque made out to the Manitoba Writers' Guild to the address below and email info@mbwriter.mb.ca or call (204) 944-8013.
Manitoba Writers' Guild
218-100 Arthur Street
Winnipeg MB
R3B1H3

Saskatchewan Writers' Guild award winner ...

Photo MARIE POWELL
Photo credit to PWAC member Shelley Banks

Congratulations to Marie Powell (past-president, PWAC-SK) as she managed a neat hat trick this fall!

She won three out of four categories of the Saskatchewan Writers' Guild Short Manuscript Awards - taking First Place in Fiction, Non-fiction, and Poetry. (She won the fourth category, Children's writing, in 2005). Check out her blog at http://mepowell.com/blog/.


For more about the awards and an interview with Marie, check out the blog of PWAC-SK member Shelley Banks at "Latittude Drifts"

Letter sent Nov 21, 2011 to C-11 Committee Members from PWAC-Calgary Chapter Members

Dear C-11 Committee Members (Copyright Modernization Bill):

I am a professional freelance writer and have grave concerns about the proposed Bill C-11. This bill in its current form will undoubtedly have a negative impact on my ability to earn a fair living as a small business owner.

The writing industry as a whole has lagged behind others in terms of compensation growth. Where other industries have seen consistent increases, ours has continued to decline. Rates of pay are often at the same as the 1970s. One way that writers are able to have fair earning potential is by maintaining copyright on works produced. Bill C-11 jeopardizes that by allowing unlimited copying of material and its ill-defined exception for education under fair dealing.

In the music and film industries, copying of content without proper authorization from, and compensation to, its creator(s) is called piracy - and is illegal. It is incumbent on your committee that writers are afforded the same ownership protection of their works.

Bill C-11 in its current form reduces my ability to earn a fair living and potentially could collapse an entire small business industry. This industry is vital to the cultural preservation of the Canadian identity. We contribute to the perspective and views that are uniquely Canadian. Bill C-11 has the potential to derail our industry and force people out of work. As with any industry, there are ripple effects beyond the immediate and obvious that should be considered.

I expect you will push to change Bill C-11 so that it will maintain my right to operate my small business, to protect my rights as a creator and my ability to earn a fair living.

Sincerely,

Members of the Professional Writers of Canada (PWAC) - Calgary Chapter:

PWAC Bulletin #10.7 Copyright reform ...

... A time-sensitive matter

The majority government in Ottawa is about to pass a new copyright bill into law. Representatives tell us that they will do it within the next five weeks, before Christmas. In light of the parliamentary calendar it may take longer, perhaps until February, but there is no doubt that our opportunity to influence the outcome for freelance writers and for the future of Canada in a digital world is now. The need to modernize our law is urgent. The Conservative Party is to be congratulated for attempting to do so three times in a span of five years. Their majority guarantees that they will succeed this time. The question is at what cost?

As you know, copyright is a complex matter. With this bulletin we don't propose to tackle the subject in great detail but to offer an overview of the highlights of the proposed law, Bill C-11, which is currently in second reading in the House of Commons and will soon move to a legislative committee (see below). We offer this in the context of the current political atmosphere around the bill and as a call to arms to those of you with the time and inclination to intervene in this process. The key issue for PWAC and our allies is the ill-defined exception for education under fair dealing. The detail on this issue is at the end of this bulletin under "Highlights" just before the contact information for taking action.

Background

Bill C-11 was introduced in September with the exact same wording as Bill C-32 from the last parliament when the Conservatives were in a minority situation. The legislative committee had heard more 75 witnesses when the May election killed the bill. Industry Minister Chrtisian Paradis told the House on October 18th that the reason the bill is unchanged from last Spring is to avoid beginning the process anew but rather to build on the work of the former legislative committee. Minister of Canadian Heritage James Moore assured the opposition that the government is open to amending the bill to improve it. However, they both also maintain that the bill as drafted has achieved a balance between competing interests generalized as creators vs. consumers. This is the kind of gross simplification that often crops up in the House of Commons and there is more to it, as you will see when we delve into key issues below. But there is realpolitik to this, since the draft law does seem to favour consumption over creation in ways that don't make sense if Canada is to prosper in a knowledge based economy that relies on digital communications to move forward.

The lay of the land

Certain issues have had a lot of coverage in the media. Last year with C-32 there was a struggle between the opposition and the minority government over the royalties that are collected by the music industry through a private copying levy (often misleadingly called a tax) on blank CDs (this began with tape in the 20th century) on the premise that they were often used to reproduce sound recordings commercially obtained therefore hurting the market for those physical embodiments of copyright works. The music sector, backed by the NDP and the Liberals, called for this levy to be applied to the sale of modern recording devices that store sound recordings internally. The minority conservatives stood firm and waged a successful public campaign dubbing this measure the "ipod tax". Now that we have a majority government, that battle is over - the private copying levy will not be extended to new devices.

The other issue that has received more attention is one that is still very much with us: The concept of referred to in international treaties as technical protection measures or TPMs. These "digital locks" are those features of digital formatting designed to prevent access or copying in the hope of controlling piracy. These have garnered heaps of scorn and venomous comment from the proponents of "Free Culture". This issue has coloured the political landscape to the point where other more subtle but critical issues are lost on busy MPs of all parties who may not have a sophisticated grasp of copyright and how it works.
Highlights of C-11

TPMs or Digital Locks

The draft bill provides protection for these which is consistent with international treaties that Canada has signed but not yet implemented in law. The government has been accused of taking this step in response to pressure from large media corporations with interests in games, movies and music. This is consistent with the positions of our major trading partners, especially the USA. While the writing and publishing sector do not object to TPMs in principle or practice they are not currently applied across our industry and this issue is not a matter of concern for us in C-11 except that it tends to take up all the oxygen in the conversation and our key issues tend to get short shrift.

Internet Service Providers

In some jurisdictions around the world, most notably in the USA and France, internet service providers or ISPs are required to send a cease and desist notice to alleged copyright infringers using their service to make illegal copies and if the infringer fails to comply the ISP may "takedown" the allegedly infringing content. This is known as "notice and takedown". In C-11 the government is proposing a much softer approach whereby repeated cease and desist notices is the only measure required. This is known as "notice and notice". The music and film industries would like to see this strengthened too but it looks unlikely as the digital locks are seen to be the great benefit for them in the bill and the ISP lobby is strongly against taking any further responsibility in the management of copyright at the prospect of increasing their costs and the risk of alienating their customers. While we have sympathy with those wanting stronger compliance measures this is not the focus of writers organizations concern with C-11.

EXCEPTIONS and FAIR DEALING

In line with international copyright treaties and domestic law in most developed countries copyright law includes exceptions (sometimes known as exemptions) for certain uses of copyright material. Our current statute provides such protection from legal action for research, criticism and private study when use for such a purpose is fair. From a writer's point of view this is not only acceptable but also necessary to our work, particularly in non-fiction genres. C-11, however, proposes to introduce a vast array of new exceptions some of which we welcome but many of which do damage to our primary markets and the ancillary uses that abound in the digital realm.

User Generated Content or "Mash-ups"

C-11 provides protection from prosecution for the use of copyright materials by individuals who wish to make a copy of a work and add one or more element to it and put it back into circulation as long as doing so does not involve the exchange of money. This is the so-called "YouTube" exception seen as a way to ensure that the recording of a granddaughter dancing to copyright protected music or a cat frolicking in front of original visual art is not considered copyright infringement. What is disturbing here is that Canada would be the only jurisdiction where social network purveyors of such mash-ups like YouTube will not have to license such works from their rights-holders, an industry practice everywhere else in the developed world which is paid for by the advertising revenues that sustain such enterprises. This lends some credibility to the charge that with C-11 Canada is leading a global erosion of copyright protection and there is considerable pressure from beyond our borders to amend this section of the Bill which we favour in principle as it has implications for the future of digital publishing.

Education

This is the key issue for PWAC and the six writers organizations with which we are working to mitigate the damage to our livelihoods through an amendment to C-11. Again, Canada is poised to introduce an exception under the concept of "Fair Dealing" (as distinct from the legal concept in the USA known as "Fair Use", more on that below*). By adding the single word education to the list of research, private study, criticism, parody and satire without providing a definition of what it refers to, C-11 imperils the major market for the copying of our works, that of educational institutions. Provincial ministries of education have been lobbying for this exception for the better part of a decade. The fact that it is in the draft Bill is a measure of their success in that it may allow colleges and universities to cease compensating right-holders for the copying of our works. The public policy rationale is that education is a good thing, it serves society as a whole and anything that makes it more accessible at a lower cost is therefore also a good thing. But for several decades compensating writers and visual artists and our publishers when multiple copies of our works are made in the education sector has been the practice and that is where your annual cheque from writers and publishers copyright collectives such as Access Copyright and Copibec comes from. This single revenue stream may not pay off your mortgage or put food on the table for more than a few days but as a community this obligation to compensate for use brings us $30-$40 Million dollars that may evaporate unless Bill C-11 is amended to set limits to the free use of our creative output.

*Under the "Fair Use" regime in the US damage to the market for a work is a primary factor in deciding if a use is fair or not. If C-11 goes through as drafted damage to the market for a work will not be considered as a primary factor as a result of a 2004 decision by the Supreme Court of Canada.

There are a number of related clauses including library loans exception, display exception, private purpose exception, weakening of statutory damages, anti piracy measures and others that, added together serve to weaken writers markets, especially for the secondary uses of our works. We don't detail them all here because writers organizations have collectively decided that fair dealing in education is the most imminently damaging measure in the Bill and also the one where we have done enough preliminary work on to turn it around with your support by an amendment that will mitigate the damage to our community.

Conclusion and contact info

So we want you to raise your voice to ask our government to address the issue by introducing an amendment to C-11 that will provide rights-holders some legal protection from the mass copying of our works by educational institutions without compensation. Through our allies we are working with respected copyright lawyers to present an amendment that invokes the international standard known as the "Berne three-step test" for fairness after the treaty that contains it:

"-…(1) Authors of literary and artistic works protected by this Convention shall have the exclusive right of authorizing the reproduction of these works, in any manner or form. (2) It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author. (3) Any sound or visual recording shall be considered as a reproduction for the purposes of this Convention."

Translation: it isn't fair to copy our works in volume without paying for the privilege.

Some government representatives are saying they don't want to put this language into the Bill itself since we are already signatory to Berne. However, C-11 as written is so ambiguous on the concept of education that we want to see it invoked as a signal to institutional users that they have to negotiate fair license arrangements with us when they copy our works.

Our key target audience to make the necessary change is the legislative committee on C-11:

Glenn Thibeault - CHAIR (Subbury-NDP)
TWITTER @GlennThibeault
Telephone: 613-996-8962 Fax: 613-995-2569 EMail: glenn.thibeault@parl.gc.ca
Charlie Angus (Timmins-James Bay, NDP)
TWITTER @CharlieAngusMP
Telephone: 613-992-2919 Fax: 613-995-0747 EMail: charlie.angus@parl.gc.ca
Scott Armstrong (Cumberland-Colchester-Musquodoboit Valley, Conservative)
TWITTER @SArmstrongCCMV
Telephone: 613-992-3366 Fax: 613-992-7220 EMail: scott.armstrong@parl.gc.ca
Tyrone Benskin (Jeanne-Le Ber, NDP)
(TWITTER not available)
Telephone: 613-995-6403 Fax: 613-995-6404 EMail: Tyrone.Benskin@parl.gc.ca
Peter Braid (Kitchener-Waterloo, Conservative)
TWITTER @peterbraid
Telephone: 613-996-5928 Fax: 613-992-6251 EMail: peter.braid@parl.gc.ca
Paul Calandra (Oak Ridges-Markham, Conservative)
TWITTER @PaulCalandra
Telephone: 613-992-3640 Fax: 613-992-3642 EMail: paul.calandra@parl.gc.ca
Andrew Cash (Davenport, NDP)
TWITTER @Cash4TO
Telephone: 613-992-2576 Fax: 613-995-8202 EMail: Andrew.Cash@parl.gc.ca
Dean Del Mastro (Peterborough, Conservative)
TWITTER @Mpdeandelmastro
Telephone: 613-995-6411 Fax: 613-996-9800 EMail: dean.delmastro@parl.gc.ca
Mike Lake (Edmonton-Mill Woods-Beaumont, Conservative)
TWITTER @MikeLakeMP
Telephone: 613-995-8695 Fax: 613-995-6465 EMail: mike.lake@parl.gc.ca
Phil McColeman (Brant, Conservative)
TWITTER @Phil4Brant
Telephone: 613-992-3118 Fax: 613-992-6382 EMail: phil.mccoleman@parl.gc.ca
Rob Moore (Fundy Royal, Conservative)
TWITTER @RobMoore_CPC
Telephone: 613-996-2332 Fax: 613-995-4286 EMail: rob.moore@parl.gc.ca
Pierre Nantel (Longueuil-Pierre-Boucher, NDP)
TWITTER @pierrenantel
Telephone: 613-992-8514 Fax: 613-992-2744 EMail: Pierre.Nantel@parl.gc.ca
Geoff Regan (Halifax West, Liberal)
TWITTER @geoffregan
Telephone: 613-996-3085 Fax: 613-996-6988 EMail: geoff.regan@parl.gc.ca


Please use the contact information above to let them know you need this to be done.
Also go to the members of parliament website and to find the e-mail address of your own MP and let him or her know you are a constituent and a freelance writer who is concerned that the draft Bill will damage your livelihood unless it is amended to curtail uncompensated copying.

Finally, it is unlikely that the opposition parties will have much effect in the process. Conservatives with whom we are in contact suggest that any amendments that are endorsed at the committee and get back to parliament will come from the government side. So if you have a Conservative MP in your riding it is especially important that you let him or her know you expect them to defend your rights as an independent small business.

Thanks for wading through this message and for taking action for yourself, your colleagues and coming generations of professional writers in Canada.

215 Spadina Avenue, Suite 130, Toronto, Ontario, M5T 2C7 | Phone: (416) 504-1645 |
Email: info@pwac.ca | Website & Resource Centre: www.pwac.ca | Find a Professional Writer: www.writers.ca

REGIONAL BOOK NEWS ...

Manitoba member IRENE GORDON has just launched her most recent book,
People of the Fur Trade.

She has been invited to give a presentation at the North American Voyageur Council Fall Gathering at Fort Gibraltar in Winnipeg on November 4 at 2:30 p.m. and on November 17, McNally Robinson Booksellers is having a launch at Grant Park Shopping Centre in Winnipeg.
For more details check out the What's New page of her website.

www.ireneterniergordon.ca

Congratulations Irene!