About ten years ago some forward-thinking (read greedy and mean-spirited) attorneys put together this pernicious contract to steal away a writer's intrinsic copyright over his or her work. The contract was quickly adopted by most of the alt weekly papers across the country. It once again reared its ugly head on my desk recently regarding an alt weekly group interested in securing my work on an ongoing basis. I had to take the time to ammend the thing with a chainsaw.
As written, the contract takes away every single right an author has over his or her work. Unless a publisher was paying me $5-a-word for exclusive rights for a 2500-word [or more] assigned article, I would never sign this piece of complete and utter dogshit.
I know of many writers who have signed this contract and who work under its odious conditions. I feel sorry for them. If you are a writer it is your obligation to refuse to sign this contract, or to amend it so that you retain all of the rights it attempts to steal from you. Remember, intrinsically you automatically own the copyright to anything you write, and are only renting your work to a publisher, any publisher.
Because I am a publisher who features all of my work first and formost on my own publication, I have no use for this kind of nonsense.
Until enough writers stand up to publishers attempting to use this contract, it will not go away. It must be killed. If you are a freelance writer, it is your obligation to writers everywhere to fight against this contract. That means sending a message with extreme prejudice to any publisher who tries to pawn it off. Send this fucking thing to the grave where it belongs.
If you ever encounter this contract, you know what to do; get out a black Sharpie and start redacting the shit of it. Here's the contract never to sign:
FREELANCER AUTHOR AGREEMENT
(Work for Hire Version)
_________________________ (“Freelancer”) is engaged in an independent business and hereby agrees to provide articles (referred to herein as the “Works”) to xxxxxxxxxx, publisher of xxxxxxxxxxx, and any and all other publications hereinafter acquired (“Publisher”) at Publisher’s request under the following terms and conditions:
1. GRANT OF RIGHTS.
(a) Publisher’s publication(s) is/are a collective work(s) as defined in the United States Copyright Act of 1976 17 U.S.C. §101 (the “Copyright Act”). Each Work Freelancer prepares at Publisher’s request is a commissioned work, and as such, constitutes a work made for hire as that term is defined in the Copyright Act. Freelancer agrees that any Work Freelancer submits to Publisher shall be considered a work made for hire for Publisher, and that Publisher shall own all rights, including the copyright therein. If for any reason the Work is not found to be a work for hire, Freelancer acknowledges that this written Agreement shall transfer and assign ownership of the copyright in the Work to Publisher.
(b) As additional consideration for entering into this Agreement, Freelancer grants Publisher an irrevocable, non-exclusive license to any and all rights granted by the Copyright Act, including, but not limited to the rights to publish in all forms and media now known or later developed, to sublicense the rights herein to third parties including but not limited to affiliates of Publisher, to create derivative works, and to renew rights to any Works written by Freelancer and published by Publisher prior to the effective date of this Agreement.
(c) Publisher grants Freelancer on the thirtieth (30th) day after initial publication, an irrevocable, non-exclusive license to any and all rights granted by the United State Copyright Act, including, but not limited to the rights to publish in all forms and media now known or later developed, to sublicense, and to create derivative works.
(d) Publisher shall have the right to use Freelancer’s name, photograph, and likeness in any format in any media to promote Publisher or other publications or services that publish or will publish an article written by Freelancer. In addition, Freelancer waives all moral rights with respect to any Works accepted by Publisher for publication, including, without limitation, any and all rights of identification of authorship and any and all rights of approval, restriction, or limitation on use or subsequent modification.
2. INDEPENDENT CONTRACTOR.
(a) Freelancer agrees to perform Freelancer’s services to Publisher under this Agreement as an independent contractor and not as an agent or employee of Publisher. Freelancer is responsible for any expenses in the completion and delivery of each Work.
(b) This Agreement is nonexclusive. Freelancer may provide writing services to other companies or engage in other business.
(c) Freelancer agrees to file Freelancer’s own Federal, State, and/or local tax returns and will be solely responsible for paying all such taxes. Freelancer will not be eligible for any employee benefits of any kind from Publisher, including without limitation, medical benefits, insurance and retirement benefits.
3. WARRANTIES AND INDEMNIFICATION. Freelancer represents and warrants that: (a) Freelancer is the sole creator of any material submitted to Publisher; (b) the material submitted is original and has not previously been published, displayed or distributed elsewhere; (c) the reproduction, publication or distribution of the material will not infringe upon or misappropriate the proprietary rights of any third party; (d) Freelancer has not made any other commitment for the use or publication of the submitted material; and (e) the submitted material is accurate in all respects and does not defame any person or unlawfully invade their privacy. Freelancer agrees to indemnify and hold Publisher, its employees and its affiliates harmless from and against any and all liability and costs incurred as a result of any breach of the foregoing warranties or for Freelancer’s nonpayment of any Federal, State or local tax. Freelancer will avoid any activity which would create a conflict of interest or the appearance of a conflict of interest.
4. REMEDIES. In the event of any breach of this Agreement by Freelancer, Publisher will, in addition to any other remedy at law or equity, have the right to terminate this Agreement immediately. In the event of any breach of this Agreement by Publisher, Freelancer will be limited to Freelancer’s remedy at law for damages, if any, and Freelancer will not have the right to enjoin or restrain the production, distribution or sale of any Media or any other publication or service of Publisher that includes any article whether written by Freelancer or not.
5. LITIGATION/THIRD PARTY. As between Freelancer and Publisher, Publisher will have the initial right to negotiate, litigate, settle or license any and all of the rights, including copyrights, in any of the Works under this Agreement with respect to any third party. Publisher’s exercise of such rights will be at its discretion and will be at its costs. All recoveries received by Publisher in pursuing such right will be the property of Publisher.
6. COMPENSATION. Freelancer will be paid a fee per assignment for each Work as agreed upon between Freelancer and Publisher. The agreed upon fee shall include all sales tax, if any is applicable.
7. FURTHER INSTRUMENTS. Freelancer agrees to execute and deliver to Publisher any and all Instruments in such form as Publisher may require to evidence, establish or protect Publisher’s rights under this agreement.
8. MISCELLANEOUS. The parties agree that the laws of the State of xxxxxxxx govern this Agreement, without giving effect to that State’s choice of law rules. This Agreement constitutes the entire understanding and agreement between the parties with respect to Freelancer’s freelance services and supersedes any and all prior or contemporaneous communications concerning this subject matter. This Agreement may not be amended except in writing signed by both parties.
If this Agreement is acceptable, please execute in the space provided below.
By:_____________________________ By:_________________________________
Publisher Freelancer
Title:____________________________ Social Security No.: ___________________
Date:____________________________ Date: ______________________________
By:______________________________
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