Do you have your clients sign a contract?

Not for writing mind you but for graphics design. Yes, absolutely have my clients and myself sign a contract. There is a clause that says with 30 (or 60, or 90 days notice - it's negotiable how many days, it can even be 7 or 14 days but that's for short term creative projects though, like a logo design or header banner) days notice either party may terminate the contract with just cause - not frivolous cause.

For example - if we're just not meshing and we're not liking the working environment we can both agree to terminate without repercussion. My 40% deposit is non refundable though (again the deposit is negotiable though depending on project and what it's for). The deposit will be refunded IF absolutely no work was done for the project (ie: buyer's remorse idea) usually most projects are started the day of or the next day regardless of week day or week end.

Then there's my promise clause of so many hours a week devoted strictly to their project alone (including monthly tally of those hours), along with promise to never contract out another creative without express consent, the copyright being solely theirs with only limited creative commons for portfolio (online and offline) use by me to attract other potential clients and a plethora of other sections that both agree to including taxes, pricing, discounts, etc.

If you email me (weareamped at gmail dot com) I can send you a sample contract to give you an idea of what I'm talking about and give you a base to jump off of with your lawyer. Mine has been reviewed by a lawyer and okay'ed as well. He a business law lawyer in the town I live in.

I'm curious what type of contract writing you're doing where you need to protect yourself from IP theft. I don't mean I'm doubting you; I'm just curious.

Any contract work I do is work for hire, where the client, not I, owns the IP rights, so, if anything, I'd expect to be asked to sign a contract that protects them. Not that I've been asked to do so. I've only ever been asked to sign non-disclosure agreements, which I do quite happily.

I don't do anything without a contract We have an in-house lawyer, so it's easy.

At least get something in writing, always, btw. Anything concrete you could show in court later always helps. Even emails.

Terie said:

I'm curious what type of contract writing you're doing where you need to protect yourself from IP theft. I don't mean I'm doubting you; I'm just curious.

Any contract work I do is work for hire, where the client, not I, owns the IP rights, so, if anything, I'd expect to be asked to sign a contract that protects them. Not that I've been asked to do so. I've only ever been asked to sign non-disclosure agreements, which I do quite happily.

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Actually, you miss read that or perhaps I miss typed it. What I meant was that the intellectual property is theirs but I'm agreeing only to use it in my portfolio online and offline (hard copy) to show the work. That means I cannot give permission to any other person for the use of the graphic, I cannot re-use the graphic for anything but portfolio use and that they have the sole right to say no, you can't have permission to copy it (to others). Even on my business site under the portfolio section I have in big bold letters - cannot give permission to use any graphics within the portfolio, they are the sole property of the client who commissioned the work -

Non disclosure agreements I am also more than happy to sign with any client that requires it. I just meant I was "beating" the client to the punch and already stating in my contract the their IP is theirs to do as they please and that all I wanted to use it for was my portfolio. It's quite different in the graphics design realm - our portfolios visually attract clients, this is different from freelance writing - it's like cover art attracting a reader to the book without reading it first - or does that not make sense?

Tabitha, I was replying to Caroline's original post, so you didn't mistype anything.

Caroline, now I get your drift. As they say, actual, real-live IP theft is rare, but I'm an actual, real-live victim, so I obviously leapt full-throttle to the wrong conclusion. Sounds like you're in good hands.

Terie said:

Tabitha, I was replying to Caroline's original post, so you didn't mistype anything.

Caroline, now I get your drift. As they say, actual, real-live IP theft is rare, but I'm an actual, real-live victim, so I obviously leapt full-throttle to the wrong conclusion. Sounds like you're in good hands.

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I'm sorry Terie, I thought you were talking to me because your post came after mine and I had mentioned IP straight out, hadn't realized that Caroline had as well right away. I've got mommy brain lately.

My apologies.

Reviving this thread ... I was just searching for info on using contracts. I've finished a short video script and hope to do more. I want to have a simple contract to use next time. This client has been good but having expectations in print would be wise.

Anyone have books recommendations on "business basics for creative folks?" Writers, painters, musicians, etc.