NYRA Freelancer Policies

Created In Partnership With The National Writers Union

This unilateral announcement will be in place for one year from the date of the announcement by the New York Review of Architecture (NYRA). At the end of six months, NYRA will re-evaluate the conditions outlined below and draft a new unilateral announcement with any necessary amendments as decided by NYRA in its discretion, taking into consideration any comments offered by their freelancers, contract workers, and with the assistance of representatives from the National Writers Union.

For the purposes of this announcement, a freelancer is defined as any media worker providing labor and/or services to NYRA, including but not limited to writers, photographers, artists, video, social, and/or audio producers, among others. “The publication” refers to NYRA. A contractor is any media worker contributing to NYRA on a mutually agreed-upon ongoing basis. The negotiated rate is the full fee stated by the assigning or accepting member of NYRA, as stated in any contracts or email correspondence related to the freelancer’s assignment or submission.

This unilateral announcement is the product of open discussion and collaboration between NYRA and representatives from the National Writers Union, and is intended to define the scope and terms of freelance labor in the course of producing NYRA. For the avoidance of doubt, this UA does not and is not intended to contractually bind any parties. Rather, it is an expression of terms and conditions NYRA intends to incorporate into agreements with the freelance contributors and contractors with whom it engages.

Economic Proposals

Rates

NYRA will set clear and equitable base rates for freelancers and publicize them.
- All freelancers can negotiate above the standards stated in this unilateral announcement if desired.
- NYRA will commit to reducing pay discrepancies across the industry for people from disadvantaged and underrepresented groups.
- The existing base rates are as follows:
  - Shortcuts and dispatches will be paid at minimum $30.
  - Front-of-book, commentary, and review pieces will be paid at minimum $300
  - Longform features will be paid at minimum $0.25/assigned word
All assignments accepted will be paid in full within 30 days of receipt of the first draft, provided it meets the editor’s standards.
NYRA commits to acting in full compliance with New York City’s “Freelance Isn’t Free” law.
NYRA will pay illustrators at minimum a $50 fee.
- Three major revisions can be requested prior to receipt of the final artwork. Additional fees, negotiated between the illustrator and NYRA, will be charged for any revisions requested after three sketches.
NYRA will pay proofreaders and copy editors at minimum a $35 hourly rate.
NYRA will pay fact-checkers at minimum a $35 hourly rate.
In the event NYRA ceases to be operational for any reason, and an assignment has passed the first round of edits, NYRA will make best commercial efforts to pay the freelancer 100% of the negotiated rate.
In the event that NYRA chooses not to publish an assignment that meets all conditions, NYRA will pay the freelancer 100% of the negotiated rate.

Reporting Costs & Incidental Expenses

NYRA will set clear procedures for reimbursement of all expenses incurred in the editorial process.
- Upon acceptance of an assignment/submission, the assigning editor will provide the freelancer with those procedures via email.
- NYRA will pay for any pre-approved travel/accommodations booked for the purposes of fulfilling a freelancer’s accepted assignment in full upon receipt of reasonably acceptable documentation of such expenses.

Intellectual Property

NYRA agrees that each accepted submission or assignment is the sole property of the freelancer.
The sale of the submission entitles NYRA to exclusive worldwide rights for a period of 90 days from publication, then reverting to non-exclusive rights. Such rights include the right to publish the submission in its online and print publication and to include such submission in any anthology, retrospectives or similar digital or printed collections of NYRA.
- If NYRA has the opportunity to sell or lease the submission to another publication (for the purposes of, but not limited to, a medium such as an anthology, retrospective, or similar printed and/or digital collection), NYRA will make their best faith effort to notify the freelancer immediately with at least two notices in writing, preferably by email. Once the freelancer has been reached, a mutual decision to make the sale or approve the leasing rights will be reached between them. If the freelancer does not respond within ten days of the second email or by a deadline clearly stated in the emails, NYRA has the right to make a decision on the freelancer’s behalf.
- The freelancer retains the right to republish the work after 90 days of the date of publication, in a book, anthology, collection, or similar product, with original credits and acknowledgements given to NYRA.
- If the freelancer has the opportunity to sell, lease, reissue, or otherwise use the material first published by NYRA in another medium, including but not limited to film, audio, or television production, they retain the right to do so as per their own discretion and with original credits and acknowledgements given to NYRA.
In the event that an accepted assignment is killed by NYRA at any stage of the editorial process after the freelancer’s first submission, the intellectual property is released back to the freelancer, and the freelancer will receive 100% of the fee for the article.

Contractors

NYRA will publicize clear rates and working procedures for contractors and establish a process for contractor raises.
NYRA commits to providing commercially reasonable notice of its decision to terminate a contract and, without waiving the right of either party to terminate a contract for convenience, will follow a fair and transparent process before terminating an agreement for “cause.”

Editorial Process

Pitching, Assigning, Editing, and Publishing:

NYRA shall maintain a commitment to diversity and equity among its freelancers from the point of soliciting pitches to final stages of publication.
All pitching and submission guidelines will be clearly detailed and made public on NYRA’s website.
Contact information for editors will be made public, with instructions on where to direct freelance pitches.
An assignment from a NYRA editor or a submission from a freelancer is considered accepted upon email confirmation from a NYRA editor. Freelancers will be issued a contract as soon as possible following email correspondence, and the first installment of payment will be issued as per the stated rate schedule above.
Editors shall formally notify freelancers of the acceptance or rejection of subsequent drafts or revisions within a commercially reasonable period of time after receipt, not exceeding ten business days.
When a freelancer proposes an idea for an article that has not previously come to the attention of NYRA, the editors will not assign a story based on that proposal to someone else without permission from the proposer and payment of a mutually agreed-upon fee between the editor and original proposer. NYRA will have a commitment from management and editors that freelance-generated ideas are not given to others in the editorial team.
In the event that a freelancer is not able to obtain a response from the assigning editor within a reasonable time frame to a question or a problem concerning the assignment, contract, or any other issue, the freelancer should contact any member of NYRA’s senior editorial staff. NYRA will try to resolve the matter as promptly as possible and provide an initial response within five business days. All freelancers will be made aware, in writing, that this process is available to them upon acceptance of their first assignment.
When an assignment has originated with NYRA, the publication will compensate the freelancer for any preliminary and/or exploratory research and/or work, including but not limited to background reporting and research.
NYRA will provide the freelancer with a final version of their work before publication for final review. The freelancer will have the right to request changes of any nature, within reason, provided any such request is received within the period required to meet the publication date. NYRA has sole discretion to accept or reject any requested changes.
- In the event that the freelancer and NYRA cannot reach an agreement in good faith about a change in the work before publication, the freelancer retains, as their sole remedy, the right to remove their name from said work, without having any effect on the publication’s obligation to pay the freelancer the full fee.

Safety and Legal Protections

NYRA will indemnify and defend a freelancer up to the limit of its available insurance, against any third-party claim arising out of or related to any article published, distributed, or assigned and any newsgathering related thereto unless such claims arise out of the freelancer’s breach of representation, warranty, or obligation under their contract. Such indemnification will include all losses, costs, and expenses, including reasonable attorney’s fees, damages, and recoveries arising out of any such third-party claim. NYRA will do this if the freelancer agrees to cooperate with NYRA and its parent and affiliated entities, and their members, shareholders, directors, officers, employees, representatives, and agents..
NYRA will set clear safety and legal protections for freelancers, both abroad and at home, and publicize those procedures.
NYRA will commit to providing a work experience for freelancers that is free of harassment and discrimination.

Grievance Procedure With the National Writers Union

NYRA will make every effort to work out any freelance grievances on an informal basis.

If NYRA cannot work out a freelancer’s grievances on an informal basis, and if that freelancer designates a representative of the NWU to meet with the magazine in an attempt to work out the grievance on the freelancer’s behalf, the process shall be as follows:

Step A. Before filing a grievance, the aggrieved freelancer and/or NWU representative will present the grievance to the freelancer’s assigning editor to try to resolve the matter without formal proceedings.
Step B. If step A is unsuccessful, the NWU shall submit the grievance in writing to the editor-in-chief of NYRA or their designated representative.
Step C. If there is no resolution within two weeks of step B, there shall be a conciliation conference including the NWU representative, the freelancer, if possible, and the editor-in-chief or their designated representative. NYRA shall provide a response to the grievance within three weeks of the conference.
If the NWU and NYRA cannot resolve the grievance, a board shall be convened consisting of one representative of the NWU, one of NYRA, and one member acceptable to both parties. The third member shall receive no compensation from either side for participation in this board. A majority opinion by the board shall be accepted by all parties.

Freelancer Agreements

NYRA will allow the National Writers Union to review and suggest changes to the standard NYRA freelancer contract.

If NYRA considers making any edits or changes to its standard freelancer agreement, NYRA will notify the NWU prior to implementing the edits or changes and meet with representatives to discuss.

Notification and Communication

Every three months, the NWU can request and will be provided with a list of names of all freelancers/contractors working for NYRA.

Once a year, the NWU can request and will be provided with a comprehensive demographic survey of all freelancers/contractors working for NYRA.

If any freelancer/contractor requests information about the NWU or to speak with an NWU representative, NYRA will promptly notify and refer such freelancer/contractor to a member of the Freelance Solidarity Project and/or a designated member of the NWU.