Articles for Editors

Contracts between editorial freelancers and their clients can be oral, written, or electronic; formal or informal. Written contracts are required by law for freelancers who live in the states of California, Illinois, and New York when the payment exceeds a specific amount within a 120-day time period: $250 for California, $500 for Illinois, and $800 for New York.  A contract doesn’t need to be written in legalistic language. It is simply a list of terms to which both parties agree. When difficulties arise, people tend to forget oral agreements, or see them as disadvantageous to them, or remember the terms differently. In such cases, a written document can be consulted.

You may wish to draw up an agreement and send two copies to the client, requesting that the client sign both copies and return them to you by mail. You would then sign both copies, retain one, and mail the other to the client. That way each of you has a copy with both signatures. You could also use an agreement that’s electronically signed by you and the author.

Contract Checklist

You want your contract to cover as many issues as possible in order to avoid misunderstandings. No one can foresee every necessary contract term, but the following checklist can help ensure that key issues are addressed.

• Names and addresses of both parties
• Working title of the manuscript
• Date on which the contract takes effect
• Status of freelancer (contractor vs. employee)
• Dates on which the project or parts of the project are due to both freelancer and client
• Description of services being offered/requested
• Schedule by which the project is planned to proceed
• Party responsible for purchasing supplies, equipment, and additional services
• Basis of freelancer’s compensation (project fee, hourly rate, or other agreed-upon arrangement)
• Amount of freelancer’s compensation
• Billable expenses
• Schedule of billings and payment
• Interest charges for late payment
• Applicability of reservation fees, rush fees, late fees, or cancellation fees
• Conditions in case of project termination
• Statement that the client represents that all material provided to the editor is the client’s original material, quoted material that falls within the legal parameters of fair use with appropriate documentation, or quoted material with permission of the copyright owner(s) and appropriate citation documentation
• Statement that no material provided by the client to the editor would infringe upon or violate any copyright or propriety right, or constitute libel or slander or invade the right to privacy against any person, firm, or corporation
• Statement that the client agrees to indemnify and save harmless the editor from any and all claims or demands, including reasonable attorney’s fees
• Acknowledgment from the editor to preserve and protect the confidentiality of the client’s proprietary information
• Copyright holder for final publication
• Whether the freelancer’s name will be included in the credits upon publication
• Special considerations, such as prospect of project’s interruption, possibility of subcontracting a portion of the project, etc.
• Terms of termination of the contract by either party

Resolving Conflicts

The first step in resolving any conflict is discussion. In most cases, renegotiation can resolve difficulties if both parties are willing to address the concerns with compassion and understanding.

Failing that, there are legal remedies available. Mediation and arbitration are two possibilities. Other remedies involve lawsuits, which everyone generally prefers to avoid.

If a client owes you a relatively small amount of money, you may be able to take the matter to small claims court, where cases are decided by a judge, without the advice (and expense) of an attorney. Procedures for small claims courts vary from state to state.

For both freelancers and clients, court action is a last resort. Although it may be necessary when other measures have failed, the costs of bringing a lawsuit to court—in time, money, and frustration—usually outweigh the possible gain.