Award-winning journalist and freelance copywriter, Susanna K. Hutcheson, presents news, thoughts and ideas on the world of business, marketing, copywriting and much more.

More On the Copywriter's Contract - Protect Yourself

I write a lot about copywriter's contracts. Is it because I'm obsessed with all things legal? No. I'm not a lawyer. I'm a copywriter. And as a copywriter, I have to make sure that my rights are protected and that the client fully understands what they will get for their money and --- more importantly --- what they will not get.

I won't get into the entire contract in a single post. I try and deal with one or two clauses that I feel are especially significant.

Again, I am not a lawyer and this is not legal advice. I'm discussing issues of critical importance to writers and copywriters and sharing with you from my own experience. You should always seek your own legal advice about your own contracts.

One of the toughest issues we as freelance copywriters face are those unscrupulous clients who try and stiff us with unpaid bills. They may opt to do a charge back on a credit card or stop payment on a check. Is there anything you can do about this? You bet!

After I encountered some problems several years ago, I had my lawyer add a clause that totally prevents this sort of activity and protects me should a client decide he wants his copywriting at no cost.

Below is part of the clause.

4. Collections, Stop Payments and Charge Backs
Collections, stop payment on checks and charge backs are seldom an issue with Consultant. Consultant must, however, provide for the possibility. Client agrees that all payments initiated by Client in which charges are made to Client’s credit card or bank account or a credit card or bank account over which Client has control are final and not reversible.
• Client agrees that Client will not charge back any amounts charged to a credit card or bank account by PayPal or Consultant. If Client charges back a credit card charge or amount from a bank account for a payment initiated by Client, Client agrees that Consultant or PayPal may recover the amount of the chargeback by either reducing Client’s PayPal account balance or other means or re-charging Client’s credit card or bank account for the amount of the chargeback or bounced check.
• Client agrees that Consultant may charge an administrative fee to recover costs associated with the above.
• Client agrees to pay any and all legal fees, travel expenses and other expenses Consultant incurs that are associated with any chargeback or stop pay on a check or other instrument and any attempt to collect fees due Consultant by Client.

Since I get full payment in advance, I have no collection problems. But that doesn't prevent someone from stopping payment on a check or doing a charge back. Very few people will do this. But a few people do it habitually with service providers.

You can stop these people in their tracks with a clause like the one above. Again, I am not suggesting you use this particular clause unless you first seek legal advice. But I do advice you to have a clause to protect yourself against something like this happening.

The only clients that will dislike this clause are those who plan to stiff you. Others will have no problems at all with it.

Both you and your client will feel better working under a solid contract. The client knows exactly what to expect from you and you are protected from the many things a person can do to you in the course of your work on his or her project.

As I always say, be sure and ALWAYS use a contract with every client. Yes, it takes a bit of time to prepare it or have it prepared and to get it signed. But it's time well spent. And once you have a good solid contract, you only need to fill out the new client's information and change the details of your relationship with that client. No need to change any of the clauses.

Finally, my advice to you is to never ever negotiate. Once you set your fee, stick to it. If your client wants to pay less, you can allow that. But in return for a smaller fee, you will provide fewer services.

I also suggest that you don't give refunds, partial or full. Some copywriters do and that's fine if they're comfortable with that. But I have a clause stating that I do not and will not. If you use such a clause, make it very clear.

A client can stiff you by saying he's unhappy with the work and ask for a refund. You give it and he uses your copy. Now, that brings up a whole new issue of copyright, which I won't get into. But discuss this with your attorney. See if he or she advises you to give refunds. If not, have your attorney draw up a clause stating your refund policy.

Next time you sign up a new client, either for a single project or a long-term commitment, use a good solid contract. It will prevent lots of major problems that could cost you lots of time and money and unhappiness.

Always seek legal advice about your own contract. This post is not intended to be legal advice and may or may not work in your particular situation.

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Susanna on 08.29.07 @ 04:16 PM CDT [link]

What To Do About a Client Who Thinks He Knows More Than You.

A frustrated copywriter recently posted a question on a forum. She was concerned about what to do. Following is, in part, is what she asked about the problem she faces.

"One of my clients . . . my former employer. Because of our long-standing relationship, I give them a bargain rate for my work." She adds that she mostly writes for their blog.

"The owner of the company has the utmost respect for my writing . . . but unfortunately my writing is now being reviewed, second-guessed and edited by someone with a lot less expertise and certainly much less respect for my work."

She adds that recently someone with very little writing experience added his own "flavor" to the copy she wrote. He made lots of mistakes, according to the copywriter.

". . .the work I do for them has always been demoralizing because they give me deadlines, which I meet, and then they drag their feet and they never meet THEIR deadlines. I know that what I'm doing for them is not high priority."

She said she thought of "dumping them" as clients. But she adds that they give her a "steady stream of work" and she really wants to keep their account.

She asks, "Do I complain to the owner about this new wanna-be editor and how he's crapping up my work? Do I tell them they put a misspelled word into the blog and let them figure out that this new guy is not the cracker jack he makes himself out to be? Or do I just let them have their misspelled blog as they want it, collect my fees and emotionally divorce myself from the work since my name doesn't appear anywhere on it?"

I guess all copywriters would have a different solution to this problem. The unfortunate thing is, we all DO have this problem --- far too often.

I've had this problem with two clients in less than one year.

My solution was that I turned the account of one client over to a trusted associate who happened to share some things in common with the client. Therefore, I kept the client in my agency but I didn't have to personally deal with him.

The other client was a bit different. When it came time to renegotiate his contract, I simply added a clause in the contract that said that if he or any of his staff changed my copy or failed to take my advice, I would not make any changes, corrections or updates to the copy or be responsible for it at all.

By doing this, I kept his business and allowed him to screw up his copy if he chose. But, at the same time, I made it known that the copy no longer was my responsibility and I would do no more work on the copy when it didn't produce (as I knew it would not.)

Now you may or may not agree with how I handled these two cases. I've also resigned several accounts where the client did not follow my advice and/or changed my copy because he or she thought they knew best.

My advice is to put it in your contract that you will not make changes to any copy that a client touches after you write it. Write it however you want. But make sure the client understands that he will pay a price for changing your copy in any way or for not cooperating with you in your effort to get him more business and provide him with a better image.

That often eliminates the problem entirely because most all clients want you do be available to them to make changes. They don't want to excuse you from doing more work for them.

The bottom line is this: don't let clients make your life miserable. Their work isn't worth it. Do what's the most comfortable for you.

Enjoy this post? Click here to buy me a cup of Starbucks expresso.

Susanna on 08.27.07 @ 09:48 AM CDT [link]

Email Marketing Beats Out Direct Mail In UK for First Time

As important to business people as direct mail is, it may be starting to experience the beginning of the end. An article just out in DM News says, "For the first time in the UK, e-mail marketing volume has overtaken direct mail volume, according to a new report by the Direct Marketing Association’s Email Marketing Council."

I'm not sure what this may mean. I think direct mail is still a vital component in the marketing programs of many businesses. Indeed, some use it as the cornerstone of their advertising. They do so with great success.

But I think the findings do indicate what we in marketing have known for a good long time now: that advertising and marketing works better on the Internet since that's where so many people spend so much of their time.

People spend time online for social reasons and for business reasons. They read newspapers and magazines far less than ever before. And they seem to pay less attention to mail and even television.

In light of those things, advertisers should plan their marketing around where their target market is.

Does that mean you should forget direct mail? No. It just may mean that direct mail should play a smaller part in your marketing play book than in the past.

Having said that, however, I must tell you that many businesses will still need to depend on direct mail to get their messages out. It's still the most efficient and effective form of getting business in many cases. So don't be too fast to throw it out.

But it's beginning to look like radio and online marketing are the two best ways to get to the biggest audience.
Susanna on 08.21.07 @ 02:46 AM CDT [link]