It's an imbalance of power contract problem because the publishers, newspapers, or whoever is buying he freelancer's work are always going to have a great deal more power. As a freelancer you have to sell your work, and now publishers are going to want to ensure that they don't get sued if something gets linked or if they want to use it in some other format.
Is there some model out there that can help us? I'm trying to get my head around it, and I'm not sure I can. I sympathize with the problem, but I'm not sure where I see the solution.