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07/05/2007: "What Should Be In the Copywriter's Contract?"

Many copywriters don't use contracts. That's very bad. And someday, they'll pay dearly for that mistake.

Always use a contract. When you've been a freelance copywriter long enough, when you've been burned often enough, you'll know the truth of that simple admonition.

I'm not going to get into the legalities of a contract. I'm a writer; I'm not a lawyer. But I do know what needs to be in a copywriting contract.

I will touch on one or two things today. I'll get into some other clauses and contract issues in future posts.

If you don't have a contract, you're flying without a net. A good contract spells out your obligation to your client and the client's obligation to you. It's that simple.

But it also protects you.

Always spell out in detail exactly what you will and will not do for the client. Make it clear. Why? Some clients will call or email you after you've taken the job and, after thinking of something new or learning of some new idea, will tell you they want something special in their copy. Perhaps they want it totally rewritten when you've only agreed to edit it. Or they try and turn you in a totally different direction.

With a contract, you are protected. "Our agreement says I'll do an edit of the sales material; it doesn't say I'll do a rewrite," you tell the client.

That's it. The client can't argue. It's in writing. You've not tried to hide anything. You've spelled it out in simple language. But it's a signed document and it's legal.

"Furthermore, the agreement says that any change in direction after I accept your job is considered a new project and charged as such," you add. Then you can ask the client, "Now do you want to pay for a new project? If so, I'll be happy to draw up a new agreement."

Or you might be working on a project for a client and, while writing the copy or working on the concept, you see the client needs something additional. Perhaps you think the client should have an audio on their home page.

You suggest that to the client and the client replies, "Fine. Go ahead and write it and I'll record it."

Ah, not so fast dear client. "That wasn't in our agreement. I'll write the copy for the audio. But it will cost you extra."

And you always have your contract to back you up.

Let's be clear. We can't blame our clients. Most of the time, they're not trying to screw you. Sometimes they are. But usually they're just not being realistic. Like all humans, they're thinking of themselves and their needs.

They also often think that, when they hire you, they're paying for whatever they want. They're not. They're paying for one thing. They're paying for what you originally agreed to do for a certain fee. Period. Anything beyond that is a whole new ball game.

So two important clauses in your agreement should contain:

1. Exactly what you will and will not do for the client and
2. A statement saying that any change in the assignment after the agreement is set is considered a new project and will be charged at a new, and/or, extra fee.

Remember, you and your client both have the same goal: to provide the client with great sales material that will make them money.

But the client is interested in getting all that's possible out of you for as little as possible. Your interest is to get paid a fair fee for a fair amount of work. Your interest is not in pandering to the client's every need on your own time and at your own expense.

The only thing that stands between you and trouble and lots of misunderstanding is a good, solid contract. Don't accept another client until you have one. And use it every time you accept a new client. A handshake, unfortunately, is worthless in the world today.