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THE CATCH-22 OF CONTRACTS!
(5 ways to protect your shirt without having one!)
By Jennifer Brown Banks
“An ounce of prevention is worth a pound of cure.”
Any writer worth his “salt” knows that to stay sane and successful in this
industry requires business savvy as well as creativity. Many horror stories
exist about creative individuals who get “burned” as a result of bad decisions
in protecting their “intellectual assets."
Take for instance, Barry Manilow, who lost millions due to improper management
of his career, and was forced to return back to the touring circuit to avoid
financial ruin! Not to mention the many “childhood star” actors victimized by
signing off their rights and entrusting their welfare to greedy “guardians,”
agents and unethical lawyers.
Many online scams target aspiring writers. A friend of mine naively invested
$8,000 to publish a poetry book, only to have this vanity publisher go out of
business, leaving her broke with nothing to show for her efforts.
As a result of this scamming culture, many writers have opted to only work with
publications with legal contracts. They believe that it guarantees that they
will be paid according to the terms established, and ensures that the
publication is reputable. Right? Well, not necessarily. As a veteran freelance
writer and senior editor, my experience has sometimes dictated differently.
I have written for over 12 years for a popular, national lifestyle magazine for
singles. This particular publication pays me well and consistently for more than
a decade, despite never having offering a written contract. Our “deal" was
sealed by a simple phone conversation. I simply took a chance. The publisher
gave me her word of what I would be paid and when. She has been as reliable and
regular as the sun!
Conversely, I have had “legal contracts” with a few publishers with whom I have
had to beg, plead and pray before honoring our agreement. I have discovered
there are always loopholes and stall tactics. Always.
Sometimes getting someone to pay you for your craft is a matter of ethics and
not legalities. Ethics can’t be governed by a piece of paper. Writers shouldn’t
necessarily shy away from writing for publications that don’t have contracts.
To lessen the odds of being taken advantage of, consider these common sense
tools before saying okay to a writing gig:
1. DO YOUR HOMEWORK!
Online bulletin boards and forums expose many scamming publishers and editors.
Those who have been scammed scream loudly in these arenas. Listen to the horror
stories of others and learn not to make their mistakes. A few to check
out are:
Preditors and Editors
http://anotherealm.com/prededitors/pubwarn.htm
Writers Beware
http://www.sfwa.org/beware/
2. EXAMINE HOW LONG THE PUBLICATION HAS BEEN IN EXISTENCE AND ITS CIRCULATION
NUMBERS.
Odds are the longer the magazine/site has been around, the better their track
record and the better the odds of being paid.
3. ARE ADVERTISERS ABUNDANT?
Publications get a great deal of their revenue from ads and subscriptions. Use
this key to assess income potential of
the enterprise.
4. IS THE PUBLISHER OR EDITOR RESPONSIVE TO YOUR QUESTIONS, COMMENTS OR
CONCERNS?
Those who are not, won’t be any different when it comes to paying you promptly.
5. TRUST YOUR GUT.
It’s okay to take risks that are reasonable. It’s the only way to grow and
learn. Does it feel right? You decide.
To familiarize yourself with standard contracts, what they can and cannot do,
and to minimize risks, you might want to
check out the following sites:
WEBSITES FOR LEGAL HELP AND/OR SAMPLE CONTRACTS
http://www.findforms.com
For writers’ forms and legal documents.
http://www.nwu.org
National Writers’ Union - Writers’ advocacy group
http://law-arts.org --- Lawyers for the
Creative Arts Copyright and trademark assistance. Also helps with disputes over
payments.
By following these five tips and exploring these web sites before forging into a
writing deal, you can increase your writing credits and your bottom line and
decrease your vulnerability.
BIO
Jennifer Brown Banks is a veteran freelance writer, editor and award-winning
poet, with over 400 publishing credits regionally and nationally.
Email: Jenniferwriter@yahoo.com
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