Manny Ramirez might just take the baton from Charles Barkley — or Marshawn Lynch! — as the worst athlete golfer, if David Ortiz 's charity golf tournament is any indication. Here is Ramirez, who hit 555 home runs in his 19-year major league career, reportedly swinging a golf club for the very first time.
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Dear The Toast and The Butter: Please Fix Your Rights Grab (UPDATE: They Did)
(UPDATE: The Toast and The Butter are indeed revamping their contracts; details at the bottom of the original entry.)
Writer Beware has posted a heads up for writers with regard to Web sites The Toast and The Butter, and the rights they are asking from contributors. Specifically, WB reports that contributors to the sites must hand over copyright (and, where applicable, moral rights). The specific freelance contractual clause in question, according to WB (relevant bits bolded by them):
The Contributor hereby acknowledges and agrees that the Work, including any drawings, images, sounds, video recordings, or other data embedded in the work and including adaptations or derivative works based on the Work is the sole and exclusive property of the Toast and the Toast has all rights under existing United States’ copyright law and all reproduction and republication rights. In the event that any portion of the Work is not copyrightable, The Contributor hereby irrevocably assigns any and all ownership of the Work’s intellectual property rights, including but not limited to: patents, trademarks, design rights, database rights, trade secrets, moral rights, and other proprietary rights and ll rights of an equivalent nature anywhere in the world to the Toast. The Contributor further acknowledges and agrees that the rights being granted to the Toast include the right to own and register all copyrights in the Work. The Contributor hereby irrevocably assigns all the above described rights herein to the Toast and agrees to execute such additional documents as may be requested by the Toast to evidence the Toast’s ownership of said rights in the Work. The Contributor further hereby waives any “moral rights” claims she may have with respect to the Work.
WB also notes that this transfer of copyright is not noted in the submission guidelines on the site. I checked, and this seems correct.
What do you get for this transfer of copyright and moral rights? According to Writer Beware:
$50.
So, yeah, no.
Note well I have been a huge, huge fan on The Toast and specifically the work of Mallory Ortberg, who is site editor, and who may in fact be one of the funniest humans alive on the planet at the moment. I’m also a very big fan of Roxane Gay, who recently signed on to edit The Toast’s sister site, The Butter. As quality reads online, I love them.
But no matter how much I like and admire Ortberg or Gay, or their writing, the sites’ attempting to grab copyright and every other possible right for $50 is a whole lot of egregious bullshit. Also egregious bullshit: The response of Nick Pavich, publisher of The Toast and The Butter, when questioned about the policy (see the above included image, which notes his response). It’s basically saying the publisher doesn’t actually give a shit about writers, which is not, generally, an excellent way to convince people to write for you, and which makes Ortberg and Gay’s positions more difficult.
I’ll be clear: I would not write for The Toast or The Butter for these terms, no way, no how. I’ve done work for hire (the formal term for work for which one does not retain copyright), but it sure as hell wasn’t for fifty bucks — if a company is requiring me to relinquish all rights and potential for future earning from my work, I better be adequately compensated up front, and fifty bucks doesn’t even come close to matching my definition of “adequately compensated” in that case.
Nor could I suggest other people write for them under those contractual conditions, especially as Mr. Pavich’s response above suggests he’s not especially interested in negotiation on that point. That’s his right, if that’s the case, but I’m not sure why I would want to write for someone who has that little regard for the economic concerns of the folks who populate his site with the stuff people want to read. Contempt isn’t a good look.
The good news here is that this is a relatively simple fix. The Toast and The Butter can easily change the language of their contract to avoid attempting to claim copyright and moral rights (the latter of which, as I understand it, may not actually even be possible for them to take in some jurisdictions), and instead work out a license commensurate to what $50 is actually worth, which (in my not entirely uninformed opinion, having been on online editor) would be first publication, a window of exclusivity and the right to non-exclusive archiving on their site. They could also reserve non-exclusive print rights (or compilations, etc) contingent on additional payment. That seems reasonable to me.
This is also a reminder that writers should always always always check their contracts and also understand them, and the market. Bluntly put: Selling your copyright is not a standard practice, and certainly not for five lousy Hamiltons. So what The Toast and The Butter are doing here is a flat-out rights grab. If you didn’t know it, you know it now. Again: I sure as hell wouldn’t take this deal, and I don’t know why anyone else would want to either.
I hope this gets fixed soon. I like reading The Toast and The Butter. But I would find them more difficult to read, if I don’t believe they treat their writers with respect. Demanding copyrights for next to nothing is not what respect looks like to me.
Update, 1:05pm – Two tweets of interest from The Butter editor Roxane Gay:
All, we are going to post a response later this afternoon. The Toast/Butter contracts will be revised.
— Sugah Daddy (@rgay) December 17, 2014
We have always prioritized writers on the sites and now our contracts will reflect that.
— Sugah Daddy (@rgay) December 17, 2014
Update: 2pm: Nick Pavich apologizes for his tweets on the issue and promises contractual fixes. I’m not really sold on his excuses for how they did the contracts previously, but if they’re fixing them now, all the better.
Update: 2:15pm: More on the changing contracts, from The Toast editor Mallory Ortberg: “[W]e’re changing our contracts to ask only for First North American Rights (so rights revert to the writer after 6 months), as well as online serial rights so that we can retain the work on our sites in perpetuity. We’re also writing into the contract the promise that we will revert rights in the case of a book deal, so that what we’ve always done in practice will be spelled out in writing.”
The only I note I would add to the above is that I would want it to be clearer if the online serial rights were exclusive or non-exclusive; this could be an issue if the publication which bought something for reprint has an online component.
But generally, this is a substantial improvement.
So: I can keep reading The Toast and The Butter! Hooray for me! And also, and rather more importantly, hooray for the writers of the site. And thanks to the Toast/Butter editorial staff for listening and making changes.
Shopping In Russia Just Got Really Weird
Newswire: FXX is launching a late-night animation block
FXX was basically put on the TV map by the success of its wildly audacious Simpsons marathon—and by “put on the TV map” we mean people can now easily find it in their channel guides by scrolling past all of the normal networks, then the basic cable channels, then the sports channels, no that’s too far, you’re on the movie channels, go back up, there it is—so it’s not surprising that the network is now trying to take a bigger step into the world of animated programming. To do this, FXX is taking a page from Cartoon Network’s book by creating an Adult Swim-style late-night animation block. Beginning in January, the hour-long block will be made up of new episodes of Lucas Bros. Moving Co. and Stone Quackers.
Both series were originally part of Fox’s Animation Domination HD block, with Lucas Bros. airing ...
Elizabeth Warren insists: I am not running for president
Andrew Luck is the NFL's weirdest trash talker - SBNation.com
bookshop: copperbadge: Angela Lansbury and Basil Rathbone eat...
Angela Lansbury and Basil Rathbone eat lunch, 1954.
what the fuck this should have every note on tumblr
Cooper, you remind me today of a small Mexican chihuahua.
Cooper, you remind me today of a small Mexican chihuahua.
prokopetz: boarboy: onsomekingggshit: boarboy: Videogames: you can choose from twenty different...
Videogames: you can choose from twenty different eyelashes!!!! oh but you can’t be fat
Yeah, whine about how you can’t have a fat character that can scale walls, or sprint. Please whine more.
you’re so right kiddo….. games are very realistic……. like the parts where you die and then come back again? classic realism.
Bye Bye Batwoman; DC Comics Pulls the Plug
Batwoman was cancelled by DC Comics today. It is not unexpected the book has been sliding the sales charts for awhile and last month sold 15.7K copies. Compare that to the 25K copies a month it was selling when J.H. Williams left the book.
The book has faced challenges from the start having had multiple writers. Greg Rucka was supposed to launch the book with J.H. Williams and then left DC Comics. Williams took over writing with Haden Blackman and the book sat for almost two years until the new 52. Williams and Blackman walked off the book in 2013 due to DC Comics refusal to let Kate Kane marry Maggie Sawyer. Marc Andreyko then took over the book and it seems as if they book had found some balance. The storyline soon broke up Kate and Maggie and began some head shaking plots which included both Vampires, a new team and space travel.
emphasis mine. gee, I wonder why sales slowed~
Sony Hack: Alex Trebek Says "Maybe It's Time" to Leave Jeopardy! After Kids Week Conflict - Yahoo Celebrity
Bill Cosby’s Lawyer Accuses NY Post Reporter of Duping the Comedian - Yahoo TV
Court rules that Mass. prison system doesn’t have to pay for inmate’s sex-change surgery - The Washington Post
becauselogicwarframe: meficrow: >random guy in shit tier...
>random guy in shit tier iron armor shows up one day saying a dragon is burning down a city
>don’t know why the guards let him in
>figure I can throw another body at my court wizard so I shuffle him over
>Comes back with arrows sticking out of his body and holding the tablet out for my court wizard like its nothing
>Hear reports someone killed literally every bandit, rat, wolf, and rabbit between here and the spot he was sent
>I now need to get this pain immune lunatic murderer out of my city.
>Dragon shows up
>Ohthankthegods
>Send the guy out on a suicide mission to kill a dragon
>End of my worries
>He comes back, apparently having killed the dragon and eaten its soul
>According to reports just stood there and let the dragon burn him while chugging addictive and dangerous health potions he made himself.
>Now standing in front of me eating an entire bushel of apples, two loaves of bread, and an entire side of beef while everyone looks on in horror and disgust
>Need to get him away from my children as fast as possible
>Tell him he needs to climb the tallest mountain in Skyrim and stay with the Graybeards
>He leaves without a word
>Hopefully thats the last I’ll see of him.FUCK
kitteningrayspaces: thefingerfuckingfemalefury: ohgodhesloose: ...
*boop* *bap*
"I TOUCH YOUR BUTT"
“WHAT NO”
This made me giggle far too much
art-is-the-word: ethernius: cetacea-borealis: "Please,...
"Please, Malala… Mexico"
A man brandishing a Mexican flag stained with blood-red paint disrupted Malala’s Nobel Peace Prize acceptance ceremony on Wednesday, as the 17-year-old Pakistani activist stood on stage in Oslo, Norway.
The man, who had a camera hanging from his neck, yelled, “Please, Malala, they are killing us. Don’t forget Mexico!” He was promptly arrested, according to Oslo police.
As the man was escorted out by three security guards, he shouted, “Viva Mexico!”
The appeal is most likely a reference to the disappearance and suspected massacre of 43 college students from a rural teachers college in Guerrero state — and the government’s failure.
Investigators say Iguala Mayor Jose Luis Abarca and his wife, Maria de los Angeles Pineda Villa, ordered police to confront the students, who had gone to Iguala to raise money and had commandeered passenger buses for their use. The couple reportedly feared the students would disrupt an event being led by Pineda Villa.
Iguala police fired on the students in two incidents, killing six people. Officers then allegedly turned over 43 arrested students to a local drug gang who, some say, murdered them, burned their bodies and threw the remains into a mass grave and river.
"This began as a movement to demand justice and answers in the case of 43 students who were kidnapped and killed by a drug cartel at the behest of corrupt politicians. Drug cartel violence is nothing new to Mexico, but the students’ kidnapping struck a nerve and quickly became a national story, prompting protests around the country that have grown for more than a month. That’s not just because the kidnapping was so terrible but because the attack encapsulated many Mexicans’ worst fears and frustrations about where their country is headed."
Later on, Malala Yousafzai expressed sympathy for the Mexican protester, and said the incident didn’t frighten her.
"As (he) was from Mexico, so there are problems in Mexico. It is really important that children raise their voices. […] There was nothing to be scared of." [x]
Thank you ive been looking for updates on this
Emergent
Amal Clooney married down. She's way more fascinating than George. - Yahoo News
micdotcom: Bookmark this site that debunks absurd Internet...
Bookmark this site that debunks absurd Internet rumors in real time
If you’re tired of celebrity death hoaxes and misreported news bulletins, a rumor-tracking site dedicated to sorting fact from fiction might be your new favorite.
As evolving technologies and expectations force media outlets to report the news as quickly as they can, errors and misreporting happen more often they should (even here at Mic from time to time).
That’s why Emergent is potentially game-changing. | Follow micdotcom
Obama to free 8 nonviolent drug offenders - Yahoo News
"Fuck Bitches Get Leid," the Sleazy Frat Emails of Snapchat's CEO
ryannorth: ericafailsatlife: I’d like to thank Dan Slott for...
I’d like to thank Dan Slott for the idea for the cover of
THE UNBEATABLE SQUIRREL GIRL #3
RYAN NORTH (W) • ERICA HENDERSON (A/C)
VARIANT COVER BY JILL THOMPSON
WOMEN OF MARVEL VARIANT COVER BY TBA
• Time is running out, and the only way for Squirrel Girl to stop Galactus is to get to the moon… you know, somehow??
• See the unveiling of Squirrel Girl’s new Flying Squirrel Suit… that she maaaaybe borrowed from Iron Man.
• Also, the final face-off with Galactus! ON THE MOON.
32 PGS./Rated T …$3.99
YEP
lady-feral: fluoxetineheck: whimsy-cat: Wing shawls by...
Wing shawls by MissMonsterMel. (shop)
PLEASE
I’d totally wear these, fashion sense be damned.
Also, I planned to make something almost exactly like this with metal feathers a couple years ago, but I never got past mockup.
yooooo treesofarden