pen for hire...

[chelidon]

Many of my writer friends will recognize this. It is a pretty standard boilerplate legal agreement for freelance writing (with a few minor edits ;>), from a publication who contacted me today and wanted to have me do a rather involved one-day turnaround news/analysis piece. There's nothing too unusual here -- basically, they own any and all current and future rights to whatever I do for them under the terms of the contract. And this kind of work pays well, about $.75/word (especially when it's a new pub I haven't worked for before, and they're asking me to drop everything else for them ;>). And I can say truthfully that this work isn't "my" writing, the Work from the heart, from the soul. But you know, especially when reading through a contract like this prior to signing it, it still sometimes feels like selling my children for medical experiments. There's always that tension between the creative act, and "selling" a "product." Hmmph.

The terms and conditions of this Work for Hire Agreement are as follows:

1) The article shall be in publishable condition, as deemed by the editor, in his sole discretion.

2) You acknowledge and agree that your creative contributions to BlahBlahCo Inc. ("BlahBlahCo") for certain original works of authorship, inventions, and other related material (collectively the "Work") authored for BlahBlahCo, are or have been commissioned by BlahBlahCo as part of a visual work, and are being prepared for BlahBlahCo as a work made for hire, as such term is defined in Sec. 101 of the Copyright Act of 1976.

3) BlahBlahCo shall own all rights in the Work including without limitation the right to prepare derivative works based upon the Work, and the right to transfer or license any of its rights, including but not limited to its right to publish, reproduce, display, perform, and otherwise make the Work available on or through Electronic Media and any and all current or future methods of publication, retrieval or reproduction. Electronic Media includes, but is not limited to, the Internet, the World Wide Web, computer on-line services, computer bulletin boards, CD-ROM storage media, magnetic storage media, microfiche or microfilm media, facsimile, imaging systems, electronic mail, and portable document formats.

4) To the extent that the Work may be ineligible for work-made-for-hire status, you hereby agree to transfer all rights, title and interest in and to the Work you now have or may ever have, including all worldwide rights under copyright, to BlahBlahCo Inc. You agree to execute specific assignments of copyright from time to time if requested by BlahBlahCo Inc.

5) BlahBlahCo reserves the right, in its sole discretion, to reject the article or ask for reasonable changes needed to make the article publishable. BlahBlahCo will have the right to edit, revise and adapt the Work and to cause others to make such changes as BlahBlahCo deems appropriate for publication. If BlahBlahCo exercises its right not to run the article, BlahBlahCo will pay a “kill fee,” to be determined by the assigning editor but customarily amounting to not more than one-third of the originally contracted sum.

6) Upon acceptance of this assignment, you agree that you will not submit – for any publication – an article that bears strong resemblance to or uses information printed in this article for at least two months after its publication date.

7) You represent and warrant that your contributions to the Work shall not infringe any copyright, defame anyone, or violate the privacy, publicity, trademark, or other right of any person, firm, or corporation. You hereby waive any and all "moral rights" you may have with respect to the Work and agree to indemnify and hold harmless BlahBlahCo, Inc. from any loss, damage, liability, and expenses (including reasonable attorneys' fees) resulting from an actual or alleged breach of the foregoing representations or warranties.

8) You will verify all facts in the Work and will furnish fact-checking material to BlahBlahCo upon BlahBlahCo’s request, although BlahBlahCo will have the right to check the Work for accuracy.

9) In creating, preparing or furnishing the Work, you will be acting as an independent contractor and not as an agent or employee of BlahBlahCo Inc.

10) This Agreement shall be governed according to the laws and in the state and federal courts of the State of Confusion. You agree to waive any objections to personal jurisdiction and venue of such courts.

Comments

[chelidon.livejournal.com]

Yep, that's exactly it. A couple of high-rate pieces like this each month, and I could work maybe one day out of five... But of course with freelance, it's always feast or famine, and they're always on rush deadlines -- this one, for example, comes up two days before Dandelion...