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From the President's Desk

ASJA's New Freelance Writers' Contract

by Russell Wild

In consultation with ASJA's attorneys, I am proud to present the new official ASJA freelance writers contract. Henceforth and furthermore, you shall submit this contract to any publication that offers you an assignment. Do not allow for any alterations whatsoever. If the publication doesn't sign, walk away.

1. The description of the article is as follows:

Name of article: _____________________________ Length ________________ Due date ____________

2. Author will retain full ownership of copyright in the Article. In consideration of the sum of [minimum of $3.00/word], Author grants to (insert name of publication), first North American Serial Rights only. Any other usage in any other medium now known or developed in the future, will be subject to substantial additional payment, to be negotiated.

3. All edits or revisions of the article must be approved by the Author.

4. It is agreed that Publication's rights shall be exclusive for only 30 days after first publication.

5. Author shall be paid in full within one week of submission of article. Late payments will incur interest charges of 5 percent per week.

6. If article is not published within 60 days of submission, all rights accruing to Publication under this contract shall be null and void, and all rights shall immediately revert to Author.

7. Publication agrees to name Author as an additional insured under all insurance policies carried by Publication, and further, Publication agrees to fully defend and indemnify Author for any and all claims that may be brought against the Author or Publication by any wackjob for any reason whatsoever. All legal fees shall be borne by Publication and no claim for contribution by Author shall be made by Publication.

8. Any dispute over this contract shall be adjudicated in the hometown of the Author, or may possibly be subject to arbitration by a panel of freelance writers handpicked by the Author.

I'm kidding, of course.

This contract is but a pipedream. You know darned well that it would never fly with most—if any—publishers. For whatever reason, the winds of the economy have blown in such a fashion that publishers—international, multibillion-dollar conglomerates, by and large—now have the guns and the money, and we writers are at a distinct disadvantage where it comes to who dictates the terms of contracts.

But we aren't without some power. Far from it. After all, we have the talent they need. And with a bit of moxie, determination, and knowledge, publishers will bend, and writers can get better contracts—in terms of both money and rights. It happens all the time.

That's where ASJA can be enormously helpful. Not by providing you with a boilerplate, pipedream contract, but by helping you acquire the knowledge necessary to take the publishers' crappy boilerplate contracts and make them more palatable.

To wit:

• Use PayCheck, and talk to other ASJA members, to find out what publications pay, and what contract terms may be amended.

• If you have contracts questions, contact the committee overseeing contracts at ContractsCommittee(at)asja.org.

• Review the tip-packed "Resource Overview" section of our Web site (asja.org), under "Information for Members Only."

• Register for the annual conference (online at www.asja.org) to pick up invaluable advice at the panels and workshops planned for this coming April.

• While at the conference, sign up for Personal Pitch to meet editors who represent publications that offer writers a fair shake.

• If you get a contract that looks like the one above—but with all advantages going to the publication, negotiate like hell, and if that doesn't work, walk away.

Russell Wild, ASJA's president, didn't really consult with ASJA's attorneys to write this column. Reach him at prez(at)asja.org