Writers often receive a contract or letter from a publisher stating topic, expected word count and payment terms. However, if you work with businesses or small publishers, you may need to write your own contract or letter of agreement to make sure the terms are clearly spelled out.
As a freelancer, you need to be responsible for ensuring a steady income. You also need to make sure that you are protecting your own rights to your work, and that there are no disagreements. Don’t rely on the “good word” publishers or business owners to be honest and pay promptly. Get it in writing.
You don’t need a law degree to produce a good contract. You can find examples online or at the library. Writer’s Market provides guidelines to rights and terms, as well as suggestions for how much to charge for various projects.
Rather than writing a formal contract, many freelance writers prefer a Letter of Agreement. If you do not receive one, write it yourself and do not begin the work until you receive a signed copy.
Elements to Include
Your letter should use proper business letter formatting, and include some or all of the following:
- The goal or purpose of the work
- Ownership or the rights you are selling
- Payment terms and, for longer projects, how installment payments will be made
- For businesses, whether or not revisions are included in the price, and how many
- Deadline or dates for delivering specific parts of the project
- Escape clause or expected kill fee
Outlining Your Fees
When writing for a magazine or other print publication, you will generally receive payment per word or for a set number of words. When writing business publications, however, the fees may be a little harder to determine. However, you need to spell everything out clearly so that you don’t end up doing three or four complete rewrites for your original price.
A good rule of thumb is to include one revision in the original fee. Sometimes, this may entail a complete rewrite. You can avoid this problem by completing the project in stages and requesting approval before going to the next stage.
Again, for businesses, the business will almost always own the copyright to any work you produce for them. They may also request an exclusivity clause, preventing you from working with their competitors.
Be willing to adapt your terms to your client’s needs, but make sure that every change to the original agreement is signed and dates. This provides you with legal recourse if a client refuses to pay or if you find your work published elsewhere without permission.
Remember: Get all terms in writing now to prevent legal hassles later.
Roxianne Moore - I used to think of myself primarily as a writer. Since early childhood, I've written stories and plays. My first poems were published ...
