February Program:
Negotiating Freelance Contracts
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For those writers whose eyes routinely glaze over while reading through contracts or who do their best to avoid the process entirely, CWIP's February program, "Contract Negotiations for Freelancers," provided valuable insight into navigating the business side of writing.
An expert panel was assembled and the event was moderated by Marci Rolnik, legal director of Lawyers for the Creative Arts. The panel was composed of Amy Cook, an attorney and editor-in-chief of the CBA Record (the magazine of the Chicago Bar Association); Chris Benevich, coordinator of Writing for Web 2.0, a business providing editorial content for Web sites; Mary Beth Klatt, a freelance writer who has written for USA Weekend Magazine, the Chicago Tribune and Chicago Home & Garden; and Dawn Reiss, a former staff writer for The St. Petersburg Times and Dallas Morning News, who now freelances for Travel + Leisure, USA Today and Chicago Magazine. The panelists stressed that many standard contract terms are subject to negotiation despite editors' initial statements to the contrary. Reiss advocated asking for a publication's secondary contract to avoid a "work for hire" situation where the writer no longer owns rights to the article.
Payment terms are also negotiable, especially when an editor requests additional words. Cook noted that this is a tricky situation, but "you should ask for more money when editors ask for additional work." Writers should also negotiate a "kill fee" if the story is cancelled. This ranges in percentage and amount, but Klatt stated that "if you have a sense that you're dealing with someone who may be difficult, you should negotiate as much as you can." According to Reiss, "You also need to negotiate that the rights revert back to you because some publications will say that they still own the rights even though the story will never see the light of day."
Contract terms such as indemnification and noncompetition clauses remain more difficult to amend. Indemnification is a standard term; however, Cook suggested that the writer limit liability to the amount of the contract or add the words "to the best of my knowledge" to the clause. As for the noncompetition clause, Cook advised that the writer negotiate time limitations and make the scope of the clause as specific as possible. It remains important to consult an attorney if contract negotiations represent unfamiliar terrain. Reiss stated that it is "helpful to see an attorney to get familiar with legalese before negotiating your first contract." Benevich further warned not to pull something off the Internet but to consult an attorney to get a contract that could later be modified. On the whole, the panelists emphasized that writers should give themselves more credit. Cook stressed that "the greatest negotiation tactic is to value your work and to value yourself." It is worth researching the market and standard rates as "you won't be taken seriously if you under-bill," stated Benevich. Sources for rate information include the American Society of Journalists and Authors and Independent Writers of Chicago. Laura A. LeeLun is a member of the Illinois Bar and assistant editor of CWIP's Clips newsletter. |
