What Do You Think Of This Contract? Ask Anne, The Pro Writer

(www.thegoldenpencil.com)

Hi Anne,
I’m a freelancer new to the game. I have been offered a gig at a local parenting magazine that has a huge circulation. They have only recently sent the writers agreement even though my column has already appeared in two issues. I really need some advice, like I said, I’m a newbie and don’t want to be taken advantage of.

Here is part of the contract. I have left out the specifics of the publication.

“In purchasing First North American serial rights, the content will appear first and exclusively in XXXX (and cannot appear elsewhere in print within the first 90 days of publication). We reserve the right to publish the columns in any XXXX Publications magazine and/or Web site now and in the future. We own electronic rights, which includes archival (only links to the columns may appear on other sites). In addition, XXXX Publications will maintain a 50 percent share and copyright ownership of any future reprint/syndication agreements and compensation as long as kd writes the column. One-time reprints must include a disclaimer that the column first appeared in XXXX. Syndication is defined as offering the column on a nonexclusive basis to several different publications that are not in direct competition with one another or with any XXXX Publications magazine or Web site. Either the magazine or the writer can seek reprint agreements and will be responsible for notifying and compensating the other party for any sales of the content. In addition, XXXX Publications will maintain the copyright to the column name “XXXX” and reserves the right to continue the column with another writer into perpetuity.”

Any advice is truly appreciated. Thank you.

knd

Dear KND,

I’m not sure what sort of advice you’re looking for. A great deal depends on what you want, on where you see writing this column might lead, how much they are paying you, etc. etc. etc.

And please, remember, I’m not a lawyer or a judge… just a freelance writer like you. That said, here’s my very personal take on it:

First rights generally means they publisher gets to publish it first. It seems to me this goes beyond that, which is, of course, their right do ask for..

They are asking a lot, including 50% of any reprints you might sell in the future.

On the other hand, if they are paying you well for each column, and I’d probably want something like a dollar a word or more since they want half of any reprint rights, it might be worth it. It might also be worth it if the column creates the kind of exposure you want for your career. Are you going to get a bio line or two each time.

They are asking a lot, but it may be worth it.

Do some dreaming about the future. How does this column fit in with where you’d like to go? How difficult is it for you to write the column? If it’s easy, it will be fairly simple for you to totally rewrite the material down the road should you want to. (Remember, ideas can’t be copyrighted, only their expression.) You might want to push back a bit and see if they’d settle for 25% or bonus pay if they put your work in other magazines or websites. You can frame this sort of thing as a question, gently asked, to begin to get a sense if it’s a make or break situation.

Another thing to consider, is that if this publication wants you, others probably will as well. Do you want to find out or do you want to take this one and see how it goes. Truly, only you can decide if this contract with or without changes suits you and your situation right now.

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