Why Copywriting Contracts Are B.S.
March 11th, 2008 Dina at Wordfeeder.comOne of the first things they tell you in the Copywriting School of Hard Knocks is that you should have a couple of work contracts and an NDA (nondisclosure agreement) on file. When new clients come calling, you can hand these out as testament to your professionalism. Everybody adds their signature and we can all sleep better knowing we’re bound together by a piece of paper with some inflated sounding words on it.
I have to make a confession right now. I think copywriting contracts, and freelance work contracts in general, are mostly B.S. I say *mostly* because there is one part of the contract that makes sense to me. This is the part where you define the work terms.
For example, if you and I decide that I’m going to write an article per month for you, charge you $120 for it, bill you on the last day of the month, and receive payment by check or Paypal, that’s fine. We can put that in a little written agreement. We can even express that additional work such as editing or consulting will be billed at an hourly rate of $70 per hour, if we think this needs clarifying early on.
The part where a freelance work contract gets yucky is when it becomes this all-consuming beast. Have you ever actually READ the fine print on some of these things? If you haven’t, I’ve got to tell you, I’m a little scared for you. After all, you’re signing your name to that holy nightmare and sealing your fate for trouble ahead.
Here are some classic B.S. lines that should get permanently scratched from the freelance copywriting contract:
1. The line where you promise not to work for the competition for X period of time.
I can see where a large corporation might add this clause when signing on a new, full-time employee. In that case, you want your workers to be committed and not go running off with the first person who dangles a sweeter paycheck under their nose.
But lest we forget, this is freelance. It’s highly likely that in the very same contract, the employer has made it clear that he can’t promise you a steady amount of hours per week. The work will be solicited on an as-need basis. Which is all well and good, but think about this…
Suppose you’re a tech writer, and the client is in a technology based business. What happens when you agree not to work for the competition, and then the client disappears for six months? Basically, with a line like that, you just wiped out your entire customer base in exchange for absolutely nothing.
2. The line where the contractor (uh, that would be you) agrees to pay for all lawyers fees, court costs and punitive damages in the event of a lawsuit.
If someone hands you a contract that says this, you should literally run away screaming. Consider that the legal system was supposed to be based on fairness and equality. How is this fair? How does a line like this set the tone for a high-minded working relationship? It doesn’t.
A contract that asks you to cover all legal fees on both sides has but one intended goal. That being: the solicitor of the work wants to avoid paying a lawyer in any way possible. You can look at it and say “Sure, I’ll sign that… and I’ll just never plan to sue the client!” Okay, but what if this client turns out to be Satan in disguise? And then you really do end up in court, and there’s the client, waving this page that says you’re paying everyone involved.
3. Any line or clause that binds you to X amount of work for X period of time.
(Or, any line or clause that binds you to working with said company indefinitely.)
I say this because, nine times out of ten, you’ll find in the very same contract a loophole line that allows either party to tuck tail and back out of the entire agreement at will. This is the part that makes it all a pile of worthless B.S.!
I mean, don’t get me wrong… the loophole is the part we all secretly love because it’s an escape hatch. But if we’re all so eager to dodge the agreement, why did we ever sign it in the first place?
So now you’re probably thinking, great, Dina, you’ve covered why the majority of contract legalese is poppycock. But, what do I do when I need to have paid work coming in, and clients are lined up asking me to agree to things that make me feel uncomfortable?
The great news is that the concept of a contract holds more power than the actual contract itself. You think, “Ooh, they’ve got a contract, I’d better write my name down, memorize and agree to this or I’m in trouble!” Or, to the other extreme, you have the clients that pooh-pooh their own contract. “Oh, it’s just a formality, sign it, it means nothing… just sign your name right here, JUSTSIGNIT, JUSTSIGNTHEDAMNTHING…”
Think of each contract that you receive not as a terrifying and all-powerful entity, but as what it really is: a written agreement between you and another party. So what are you about to agree to?
Read through the contract carefully. Note the parts that you’re unhappy with. Then, make a motion to delete those lines, or edit to something more your liking. If the client is unwilling to bend on this, it’s a good sign that this is not someone you want to be working for anyway. Usually, though, clients will understand that the contract is just as much a part of the negotiation as anything else.
One of my copywriting clients conducts business using what she calls the “handshake” contract. It’s a silent agreement and *understood* commitment. It means that when you agree to work for and with someone, you go into the arrangement prepared to serve with excellence, and in the most honorable way possible.
Honestly, I can’t imagine approaching one’s career any other way.
Copyright 2008 Dina Giolitto, Wordfeeder.com Copywriting and Marketing. All rights reserved.
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