Posted by Maya Smart on Tue, Jul 27, 2010 @ 10:00 AM
Whew! Landing that new client was a boon to your bottom line. However, now the editor is asking you to sign a freelance contract that’s packed with legal terms you’ve never seen before (or haven’t paid much attention to). To help you protect your business, we put together this short list of terms that every writer should know.
First North American serial rights
Magazines and newspapers often ask writers for the first North American serial rights. By agreeing to this, you’re promising first dibs on your story in the U.S. and Canada. Many publications (a.k.a. “serials”) now say these rights include their websites, too. In other words, they won’t pay you extra for putting your print story online, in the digital version of their periodical. Even so, with FNASR, you retain the copyright.
“It’s equally important to know what you’re not selling,” notes Moira Allen, editor of Writing-World.com. “You are not, for example, licensing a publisher to reprint your work in another format, such as an anthology. The publisher may not distribute the work outside North America; that would require a transfer of ‘international rights.’ …FNASR is an ‘exclusive’ right, which means you can’t transfer it more than once or to more than one publication.”
Electronic publishers often use the broad term “first rights,” without specifying how or where your work may be published. Before agreeing to this, consider whether you may want to pitch or sell the same article elsewhere. If so, request more specific language in your contract, such as “first electronic rights.”
All rights
Beware of this blanket term, which is often used by publishers who don’t want to buy additional rights (reprint, anthology, archival, etc.) later on. Once you’ve sold “all rights” to your article, you may never resell it—but the publisher can, without sharing the proceeds.
“All rights is usually a bad deal for writers,” advises author Marcia Yudkin, who specializes in creative marketing. “It means you sell the magazine the right to publish the article as many times as they like, to resell or to license the rights to a movie or computer database or audio publisher without paying you another dime, ever. If you’re asked to sell all rights, try to negotiate something better.”
That “something better” could be first rights of the type you specify or perhaps “exclusive rights” for a limited period of time, such as 60 days after submission or publication. That essentially means you reserve the right to resell the piece after the agreed upon period ends.
Work (made) for hire
This is like “all rights,” except that you’re giving up any claim to copyright. Most work for hire is done by full-time staffers — as in, the company owns all of what they produce — but some publications want freelancers to agree to this, too. If you do, you are allowing the publisher to use your work however they see fit, including under someone else’s byline. You can’t safely reuse the reporting you did, either, because any similar material you use could “infringe” upon the copyright, which you no longer own!
“In most cases, work-made-for-hire and all-rights contracts are a rotten deal for writers. If publishers want additional rights beyond first print rights—exclusive or non-exclusive — they should pay for them,” says the American Society of Journalists and Authors in a position paper on the topic. “In only a very few situations do we acknowledge that such arrangements may be acceptable: a book ‘written to order’ as a promotional vehicle for a company and/or its products, for example … or certain kinds of corporate writing.”
In some cases, such as when you foresee no real potential reusing or reselling the material, this may be fine. Think: technical and users’ manuals, corporate press releases, or marketing materials. But, in general, avoid “work for hire” contracts whenever possible.
Payment on delivery, acceptance or publication
Beyond your rights, make sure any contract includes terms of payment. “Payment on delivery” means that your fee is due as soon as you turn in your story (and an invoice, if requested). “Payment on acceptance” is pretty much the same thing, unless you’re submitting an article that wasn’t commissioned: You’re sending in original work so an editor may review it, at which time they may or may not decide to use it. “Payment on publication” means that your invoice won’t get processed until after your story is published.
Laurie Pawlik-Kienlen, who writes a “Quips and Tips” column for her blog, The Adventurous Writer, recommends establishing a deadline for “payment on publication” offers. “If you agree to accept the editor’s payment on publication offer, ask for a light at the end of the tunnel. For instance: ‘Payable upon publication or six months from date of acceptance, whichever is sooner.’ That way, you’re not sitting around for years, waiting for the editor or publisher to pay you for your writing.”
Kill fee
Last, but not least, you’ll want your contract to include language that ensures you’ll get paid for assigned work if your story never runs (or “gets killed”), for whatever reason, usually having nothing to do with the writer or the quality of the writing. “Publications die. Editors have a change of heart. Insist that a kill-fee clause is part of any contract you negotiate or sign,” Jeffery D. Zbar advises in Writer’s Digest. “Ask for 50 percent; settle for no less than 30 percent. If the magazine demands to pay less, you may be dealing with a substandard publication—and be inviting trouble.”
Posted by Admin Team on Tue, Feb 02, 2010 @ 04:05 PM
by Maya Payne Smart
“Typical” days don’t exist for writer Stacy Hawkins Adams — she has too much going on. Her sixth novel comes out this month, and her first nonfiction book is due in March. Then there’s her monthly column for SusieMag.com, her biweekly parenting column for The Richmond (Va.) Times-Dispatch, her weekly writing projects for local nonprofits and her numerous volunteer pursuits. And did I mention that she’s the mother of two very active children?
While the content of her days varies dramatically, she has a consistent start time daily—4:30 a.m. (Talk about motivation.) This gives her an hour and a half before the kids wake up to tackle her week’s goal with the hyper-intense focus of a metro reporter on deadline. Last week, she corresponded with Facebook fans to publicize the launch of her novel. This week, she’s using that time slot to get new book proposals to her agent. But no matter what disruptions may emerge during the day, she knows she’s pushed her business forward, bit by bit.
Brand-Building
The range and volume of material that Adams produces is staggering — and it’s also increasingly common among successful freelance writers. Those who are sailing ahead amid media industry sea changes understand that agility, variety and vigilance are essential.
“It’s wise to keep your hands in various things that work well together because of the ebb and flow of book sales and publishing trends,” Adams said. “When I left my full-time newspaper job, I had my speaking and freelancing [gigs] solidified. I built the nonprofit marketing piece into it as I went along. Very few authors solely focus on just writing novels or just freelancing.”
As Adams notes, diversification doesn’t mean pursuing totally unrelated projects. She produces high-quality work quickly by sticking with topics that she knows well and cares about. The social themes, familial issues and spiritual journeys she documents for periodicals also appear in her books. In her latest novel, “Dreams That Won’t Let Go,” she explores family members’ ability to love unconditionally and release one another to live their dreams. Her first nonfiction book, “Who Speaks to Your Heart,” explores how to connect more often and more deeply with God, a challenge her fictional characters often face. Adams has thus positioned herself as a heart and mind specialist of sorts — and, in doing so, created a very strong brand.
Transparency Rules
While a common thread runs through her patchwork of working relationships, the diversity of her work has ethical implications that she’s sensitive to as one who earned an undergraduate degree in journalism and spent 10 years as a staff newspaper reporter before going freelance. For example, she wondered if serving on community boards or helping nonprofits with marketing disqualified her from writing for newspapers. “When I was on staff at the newspaper, the lines were rigid,” she said, “and later I found that the rest of the world doesn’t work that way.” Her policy is to disclose any relationships or affiliations that might be perceived as conflicts of interest — and to let her editor make the call about whether the topic is off-limits. “I go to my editor and say, ‘I know this person’ or ‘I serve on this board’ or ‘I’ve helped with this endeavor.’ ” So far, she said, nothing’s been deemed off limits.
Cross-Promotion
In addition to her professionalism, Adams’ visibility across many platforms — books, magazines, online, in the community — also makes her a valuable contributor, because she brings her followers with her wherever she goes. This is a bonus for any media outlet that’s struggling to hold onto readers.
In fact, Adams says she spends more time marketing her work to readers than she does writing it. “I thought you write the book, birth the book, hand it over and say, ‘Take care of my baby,’ ” she said. “But the more time I put into trying to explore new marketing ideas and opportunities, the more willing my publisher is to put dollars and support behind the effort.”
Law of Attraction
Her willingness to experiment also means that when her fiction publisher has new promotional ideas, they often test them out on Adams. Blog tours, hair salon signings and elaborate launch fetes, she’s tried them all — with great success. Rather than do a signing at a chain bookstore that draws maybe 10 people, Adams has created elaborate events around her novels’ themes and gathered crowds that celebrated much more than the books.
She honored her mentor and a local community group during the launch of “Watercolored Pearls,” a novel about women coming into their own. And when “The Someday List” was released, she invited two celebrities, an actress and a recently retired broadcaster, to share their someday lists with attendees. On Saturday she debuted her novel with an hourlong Facebook chat that included free giveaways and music releases—all tied to the latest book’s theme of dream fulfillment.
One would expect no less from an optimist who describes herself as “one who sees a brick wall and instead of giving up, prays about whether to climb it, walk around it or find a way to burrow through it to the blessings on the other side.”
