Photograph by energepic.com by way of pexels.
Over time, I’ve seen that contracts I’ve been requested to signal have gotten longer and extra advanced. I’ve usually been requested to tackle all of the obligation if somebody ought to sue over an article.
And most contracts now demand that the article is a piece for rent, which implies if I have been fortunate sufficient to have an agent strategy me about writing a ebook or a script or internet hosting a podcast based mostly on the story, I might be out of luck; the publication would personal all future rights. I’ve tried negotiating my method out of onerous contract clauses, however I haven’t at all times succeeded. In these circumstances, I maintain my nostril and signal, or I attempt to take the thought elsewhere.
All of this may be complicated, and that’s the reason I hosted a webinar with lawyer Charles Glasser in early October to debate what steps freelancers can take to get the very best contract and defend themselves from authorized legal responsibility.
Glasser, a former journalist, spent 12 years as the worldwide media counsel for Bloomberg Information and is now a personal authorized guide. He works with Freelance Investigative Reporters and Editors (FIRE) to supply recommendation for freelancers about negotiating authorized phrases in contracts.
I like to recommend watching the recorded webcast when you have questions on contracts you might be being requested to signal. I believed it will be helpful to summarize the important thing factors that Glasser made in Q&A format, edited for size and readability.
AHCJ’s Freelance Middle additionally has a page with helpful assets about contracts.
Ought to freelancers ever agree to write down an article and not using a contract?
It is dependent upon what you’re overlaying. It is dependent upon the publication. In case you are working with a company with whom you’ve labored prior to now and by no means had an issue, and — that is the important thing factor —the subject material is admittedly anodyne — then certain, go forward.
If a freelancer sees a clause in a contract that claims the freelancer will indemnify the writer, what ought to the freelancer do?
Let me clarify briefly what indemnity is. Let’s say Barbara is a writer and I’m a reporter. And a narrative goes south for one purpose or one other. It is likely to be incorrect or it is likely to be correct, however we’re coping with a really litigious topic. If I’ve a unadorned indemnity, that’s if all of the doc says is I’ll indemnify Barbara for any authorized prices and claims, that’s poisonous. By no means ever comply with that. The one method you might probably comply with that until you’re insanely rich is when you have your unbiased [liability] insurance coverage contract or coverage.
Is there any indemnification language in a contract that might be acceptable?
Indemnity is okay if it’s a mutual promise. We are saying to the writer in our FIRE contract template that the reporter will indemnify you solely on two circumstances. One, an unbiased evaluate reveals that the reporter acted with precise malice and knew what they wrote was in all probability false. The second factor that we’re prepared to say it’s best to indemnify the writer for is plagiarism.
If there’s a foul indemnification clause within the contract, ought to the freelancer cross it out and ship it again to the editor?
Attempt to get the editor to make the change or no less than have a dialog with the writer or lawyer. In the event that they maintain agency and say, “Nope, that is simply the best way we do it,” then stroll. If it’s a very good story, another person will choose it up. I do know it’s onerous, however don’t signal.
Ought to freelancers try to specify in a contract that they indemnify the writer for the submitted manuscript however not for any editorial modifications that the freelancer didn’t approve?
That is excellent. And if we are able to get that, we do. We [at FIRE] have the flexibility to achieve out on to the lawyer at Hearst or the lawyer on the New York Instances or the lawyer at any certainly one of plenty of sizable publications. We attempt to advocate for the reporter.
Ought to each reporter have a person legal responsibility insurance coverage coverage?
It’s at all times higher to have insurance coverage, however it’s onerous to purchase as a result of it’s costly to purchase by yourself. Sure commerce teams, and even sure guilds, have group insurance policies and that, after all, lowers the associated fee.
We frequently see contracts that say it is a work for rent. What does that imply?
Work for rent means I’m being contracted to write down or produce this content material, and the writer owns all of it. They’re the copyright holder. So, they’ll take it, slice it, cube it, resell it, bundle it for a ebook, bundle it for serialization, make a film out of it, pitch it to totally different TV producers, no matter they need. Now, there are circumstances the place sure, it’s work for rent, however as a part of the deal, a author will be given a license to make use of the fabric. And that license will be royalty-free, or they might ask for a bit of the pie.
Can a freelancer attempt to insert a clause that the work reverts again to the freelancer’s possession in say, a yr from now?
Sure. What you’ve gotten there’s a promise of task.
Some contracts say the author will get paid inside 30 or 60 days, for instance, and different contracts say the author will get paid upon publication, which may very well be six months out. How do you get round that?
You place a restrict that it have to be revealed by a sure date. [You can also say,] “You’ve three days from receipt to inform me that that is or is just not acceptable or perpetually maintain your peace.” Three days go by, they usually don’t let you know. Then in the event that they don’t publish it by a sure date, they revert all rights to you, and also you get a kill payment. That’s cheap.
What if the revealed article is for much longer than what’s within the contract? How can the freelancer get extra money?
There’s an overarching precept in contract legislation known as materials change. It like identical to once you rent a kitchen contractor. You say oak cabinets within the contract, however later you resolve you don’t need oak, you need walnut and it seems to be dearer. Nicely, that’s a fabric change. So one of the best factor to do is have a clause in your contract that claims you may be paid $1,500 For 1,800 phrases and substantial modifications to this will likely be remunerated by widespread settlement. You don’t wish to get into a giant battle proper now. And also you’ll negotiate.
