thoughtful1) Write the contract yourself, using for inspiration some contracts that you know to be writer-friendly, such as sample contracts found on writer's organization websites or in books aimed at writers. Then run it past some editor-friends to make sure it doesn't leave out anything vital for your business survival.
OR
2) Start with a contract taken from a source oriented towards editors/publishers, and then run it past several writers whom you trust. They will help you identify and alter or remove sections which are writer-hostile, and might make it unnecessarily difficult for you to attract writers. Sample contracts provided by lawyers or in resources aimed at editors/publishers tend to have horrible terms from a writer's perspective.
Writers: When you see an obnoxious clause in a contract, don't necessarily assume that anyone knows it's there or that it's obnoxious. Politely point it out, explain why it is troublesome, and if possible suggest an alternative. They may be perfectly willing to fix it.
Several times now, I've pointed out to editor-friends that the contract they sent me had some obnoxious section in it -- which they hadn't especially noticed was a problem because they hadn't personally composed it or gone over it with a fine-toothed comb. It is usually to everyone's advantage to be clear and concise in writing contracts. Most contracts are poorly written by those standards. They're also usually poor in balance; writer-favored ones are better on average than publisher-favored ones, but still rarely ideal. Don't screw people over just because you can. Think about what you really need in a contract, and put that in, and don't put in stuff that's standard but superfluous. There's no benefit paying for things you don't need, charging for things you aren't doing, or asking people for stuff that will pointlessly annoy them.
Having seen the industry from both an editorial and writing perspective, it is my observation that the level of tension between writers and editors/publishers is needlessly inflated, and can often be reduced by applying common sense.
March 15 2008, 02:11:55 UTC 13 years ago
they can make you an offer. taking it or leaving it are not the only 2 options. it's just their starting point.
wise man.