Folio: PLUS

Folio: The Magazine for Magazine Management, June 15, 2001

MISSING FREELANCE WEB RIGHTS? TRY FRIENDLY PERSUASION FIRST

With the Tasini vs. The New York Times lawsuit in the news and the advent of groups providing freelancers "unionization" to protect their rights, publishers are struggling with legal issues that were mere afterthoughts in the past. In particular, archiving has come under fire. Some freelancers question the right of publishers to keep their stories posted for posterity. The issue of Internet archiving should be covered in a recent contract with the writer, but what about those stories you would like to post that came without a contract? Do you have to send out new contracts to all of those writers from the past? Jonathan Kirsch, a Los Angeles attorney who specializes in the publishing industry--and a former editor himself--suggests you try reasoning with the freelancer first, should any complain, "I'd say that all publishers are archiving their publications on the Web, and I'd point out that if I were a freelancer, I'd feel it's wonderful to have my work archived for history. Plus, the freelancer could get add itional work from this (archiving exposure) when people see it." If that doesn't work, turn up the persuasion a notch or two: "Tell them, 'The bottom line is, if we can't use your work, we'll find a freelancer who will allow us to.' I think that's fair." If all that fails, your only recourse is not to post the story online. In theory, however, there is a three-year statute of limitations for freelance lawsuits. But the writer could argue that every time the Web site is updated, a new three-year period is created.

AN IDEA BLOOMS FOR KEEPING READERS IN TOUCH

After reading a February FOLIO: Plus item on ways to keep readers in touch, Gina Hogan, editor of Floral Retailing/Floral Lifestyles, contacted us with an idea that has been overwhelmingly successful for her. Hogan says that because many of the companies for whom her b-to-b readers work have "no-press" policies--that is, policies that don't allow them to talk to the media, she was having trouble interacting with them for even non-published comments, suggestions or ideas. They were afraid of breaking the rules. Hogan tried publishing a monthly questionnaire in the magazine from which she could get reader feedback on a specific topic (offering opt-out boxes where readers could say "no" to having their information published with their names), but this was only mildly successful. Things improved when she changed the tide of the monthly questionnaire to "Win a prize!" and told readers they would be entered into a drawing for a free tote bag or T-shirt with the magazine's logo on it. But even then, she wasn't getti ng the reader interaction she was hoping for. That's when she came up with a winner: Invite readers to become members of an "Unofficial Editorial Advisory Club." All members receive a free T-shirt and Post-It notepad with the magazine's logo, a wall calendar (which was polybagged with the January issue), an official membership certificate, a laminated membership card, an invitation to a special roundtable discussion with the editors at an upcoming industry trade show, and "notification of special offers" from the magazine (which can be devised as the needs arise). To qualify for membership, readers had to supply either a fax number or e-mail address so that Hogan could easily send out blast e-mail/faxes to ask them questions about the industry, articles in the magazine, etc. Now she receives faxes and mailed responses almost on a daily basis, and has a database of readers who will respond to questions in informal surveys. Readers have no fear of punishment from talking with the press, because the club is "uno fficial." And Hogan has the benefit of an editorial advisory team without the bureaucracy that can accompany an official reader advisory board.

PLAY TAG-ALONG ON SALES CALLS

If you were to ask magazine editors to choose between a computer crash on deadline or violating the separation of "church and state," many would rather endure the downtime. But Rieva Lesonsky relishes involvement with ad sales. The senior vice president/editorial director at Entrepreneur even accompanies her sales staff on calls. "I know editors are not supposed to cross the line, but my an is to help the magazine grow," Lesonsky says. And there are great advantages to visiting advertisers. "Who knows the magazine better than I do? Who can better address their concerns and questions?" she says. with finds that ad sales people often don't read their own magazines or those of competitors. And she has found from talking to advertisers that the competition often positions her magazine differently in sales discussions. Face time with advertisers gives her the chance to clear up misconceptions and to pigeonhole the competition, which she says she reads religiously. Does the editorial director's presence on calls ha mper the sales staff in their work? Lesonsky says no, because she fills a different role. "It's not a sales call for me; it's an educational call about the market. Ad sales talks about closing the sale, while the editor talks about what's going on in the market," she says. "I think the days of editorial and advertising not speaking to each other are long gone," she adds. "Without our ad reps, we [editorial] would not exist. You can't have an antagonistic relationship."