Basics Every Freelance Writer Should Know About Contracts

There are few basics every freelancer should know about contracts in order to protect their creative work and rights. Not understanding or knowing how to read a contract could not only get you taken advantage of but could also get you into trouble. Every writer should learn the legalities of contracts and copyrights. In most cases you don't need a lawyer, but if you are unsure of what you are doing or don't understand the wording of a contract it wouldn't hurt to hire one. Here are some tips on protecting your creative work, understanding the terms of contracts, and avoiding liability.

Freelance, no matter what profession you are in basically means one thing; you work when you want, for who you want, and for the amount of time you want. But, just because you are freelance does not mean rules don't have to be followed, especially when it comes to working under a contract. Contracts are made and signed in order to provide a blanket of protection for not only the publisher but the writer as well. Freelance writer contracts generally outline ownership including copyrights and licenses, legal responsibility, and guarantees such as dates of work and payment. Before signing any contract it is imperative that you understand exactly what it says and means.

Copyrights and Licenses
Basically the minute you write something down you own it, but it's not exactly that simple. When you write freelance, often you are selling or licensing the rights to your creative works. When this takes place you either no longer own the rights, or you give up the rights to it for a set period of time. When it comes to contracts you need to make sure there is a separate clause for copyrights and licenses that outlines exactly what you are entitled to do with the work once it is sold. Often with freelance writing, once the piece is sold you are no longer entitled to the copyright, meaning you cannot publish it elsewhere ever again. But, in some cases you may be able to license your work to a publisher for a limited engagement. At the end of the license period you are once again the legal holder of the copyright and may do as you please with the creative work.

In a sense, temporary licensing of work is a bit more complicated than just selling the rights to a publisher. But it also gives you more freedom over your work allowing you to publish it elsewhere in the future. When licensing your work you need to be sure the terms are clear for both you and the publisher. For example, will you allow the publisher to copy or reproduce the work during the license period? How long will the license period be? At the end of the period what rights will you have to the work? These are all questions that you need to make sure are answered before signing a contract and signing over your work.

By understanding and knowing the terms of licenses over your work you will be able to avoid trouble. Should the publisher break the contract terms you will also be able to pursue legal action if necessary. When a contract concerns the sale of the copyright you need to understand that you no longer own the piece of work but there are also rules the publisher must follow. Just because you sold the rights to your creative work does not necessarily mean the publisher can do as they please. As with licensing, certain guidelines should be included in your contract. Some contracts may specify the published work will only be published in one place, one time. Other contracts may state the creative work may be republished with or without the consent of the writer once the copyright is sold. Make sure you know the difference before signing any contract.

Filing For Copyright Ownership
If you wish to further protect your rights before selling any creative work you may want to file for a copyright. Almost anything can be copyrighted with the United States Library of Congress. Of course, this is not free but it is tax deductible. There's no law that says you have to get a copyright on your work but if you are particularly attached to a piece of work you may want to get a copyright before selling or licensing to any publisher. For more information on copyrights and licensing go to http://www.copyright.gov

Other Information Included in Contracts
As always you should fully read any contract you are considering signing. When reading freelance contracts you may discover the publisher also wants to own your notes or research, or may not allow you to work for a competitor while you are "employed" by them. Be sure you are clear on the terms and conditions before ever signing your name on the dotted line. If you're not allowed to work for a competitor find out exactly who those competitors are. If the publisher also wants rights over your notes find out if it is for an actual reason or if it is just plain ridiculous. Research and notes are generally property of the author and there is not much reason a publisher should also want to own these too. Beware of disclosures that either allow the publisher to share your information or limit you from sharing information about the publisher, within reason of course.

Before Signing a Contract
Before signing any contract you should completely read it and make sure you understand the terms and conditions. Just because a publisher hands down a contract does not mean that you cannot negotiate a few changes. If there is anything you don't agree with don't be afraid to ask for what you want. Contracts are legally binding documents and once signed cannot usually be changed without consent of both the writer and publisher. Although having a contract can offer you some protection it is mainly a tool publishers use to protect themselves. Be aware of clauses that force you to guarantee things you cannot control, pay legal fees if the publisher is sued, and contracts that are only valid in countries other than where the work was actually sold.

If you are selling your work on American soil, even to a foreign publisher you better make sure your contract applies to American law. Beware of making guarantees that you cannot uphold such as completing work in too short of a time frame. Also be sure that the contract outlines exactly what rights will be sold, the amount of time the rights will be licensed when applicable, dates of work, sale, and payment, and the amount of money you will be paid and how it will be paid to you. As with any contract do not ignore any one part of a contract, especially the "fine print". Always read your contracts in full and make sure you understand the terms. If there is wording you can't comprehend either use a legal dictionary or hire a lawyer for help deciphering your contract.

Working Without a Contract
In some cases, working without a contract is fine and you may not be in any sort of legal danger. But, it is usually best to make sure you have something down in writing signed by both you and the publisher. Generally you should not work without a contract but if you trust the publisher and have an ongoing relationship with them you should be fine. Just make sure you have specific guidelines laid out beforehand in order to avoid any unnecessary risk. If a publisher is notorious for having a bad reputation in the writing community, beware of working without a contract because you could end up being duped or even sued.

As always, completely read your contracts and make sure you understand them. Get a contract signed whenever possible and know your rights. Negotiation is a part of all business and this includes freelance writing. If there is something you don't particularly agree with or you think could be better don't be afraid to ask for what you deserve. Just as with publishers, it pays to have good business ethics and treat others fairly.