Freelance contract throwing me for a loop

Jwriter

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So I'm trying to hammer out a contract with a local organization to spend the next year writing a book about its 50-year history. This would be a self-published book, written by me at the behest of the director, so it's more a commercial writing project than a traditional book. SO, I'm going over the proposed contract and they are claiming legal ownership of all the notes, audio tapes, diagrams, whatever, and I have to turn it all over to them when the book is done.

Here's my question: anyone ever had something like this come up? I guess I need to decide whether I'm OK with that provision or if I think there's some reason why I might want to hang onto notes about this project 18 months from now. Can anyone help me brainstorm pros and cons here?
 

Larry M

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In a 'work for hire' situation, the employer usually owns all rights. I assume that includes any notes you may accumulate. I am not a legal expert, nor an expert on copyright.
 

Old Hack

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I wouldn't consider it unusual either. But that doesn't mean it's desirable. Do you have an agent, or failing that an experienced IP lawyer you could consult?
 

veinglory

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I am not sure it is undesirable. This is a book of their history so they probably want related materials for their archive. You can always keep copies if you foresee some future use for them.
 

T Robinson

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So I'm trying to hammer out a contract with a local organization to spend the next year writing a book about its 50-year history. This would be a self-published book, written by me at the behest of the director, so it's more a commercial writing project than a traditional book. SO, I'm going over the proposed contract and they are claiming legal ownership of all the notes, audio tapes, diagrams, whatever, and I have to turn it all over to them when the book is done.

Here's my question: anyone ever had something like this come up? I guess I need to decide whether I'm OK with that provision or if I think there's some reason why I might want to hang onto notes about this project 18 months from now. Can anyone help me brainstorm pros and cons here?

Like everyone else said, it is a work for hire. You just need to negotiate payment for any expenses, the right to refer to it in your future self-marketing, etc. There are sample contracts scattered around. Look at them, pull what clauses work for you.
 

Old Hack

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I am not sure it is undesirable. This is a book of their history so they probably want related materials for their archive. You can always keep copies if you foresee some future use for them.

I didn't say it WAS undesirable, just that it wasn't necessarily a good thing just because it was standard.
 

filwi

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Why not ask them about the clause? Then you could ask them whether they'd want to hire you to prepare your notes for their archives (i.e. format them in such a way as to make searching and indexing easier. I'm guessing that you'll be doing this anyhow to facilitate your own work so you might as well get paid for it.
 

Jwriter

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Thank you, everyone, for your insights. I did take the whole thing to a lawyer and he gave me some pointers as well. He also said I'd be nuts to sign any contract like this without creating an LLC first, so now I'm doing that. I guess I've got to think up a good name for myself.
 

veinglory

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What would be bad about it? I guess that would be my question. You materials are archived for posterity and you can keep the content in copy form. So I am not seeing the obvious disadvantage
 

Jwriter

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You mean what would be bad about handing over the notes? Nothing, because like you said I'll have copies. The bad part is that it implies none of it belongs to me, so if I want to refer to them for something, or springboard off them for another story, I'm afraid they either wouldn't allow it, or sue me for it. That sounds paranoid and maybe it is, but this contract has some pretty punitive language in it. I'm working on changing that, but I want to keep ownership of my notes. It's not a deal breaker, but I want to shoot for that.
 

Jamesaritchie

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There's nothing at all unusual about this clause, and nothing at all bad about it. Going to a lawyer was a bad move. You need an LLC like you need another hole in your head.

This is not only standard in work for hire, they would be sill not to include the clause, or to have anything to do with a writer who protested it. This is a project they are hiring you to do, and this means they get to set the rules. In this case, they have every right to those materials, and they are likely to need them on several occasions.

It doesn't imply none of it belongs to you, it states it firmly. This is what work for hire means. None of it does belong to you. Period. Nor should you want it.

There's nothing at all that stops you from writing on the same subject. No one owns facts or information. But when you do a work for hire project, this includes everything related to that project. I really see no logical reason at all why you would object to this? It makes no sense. The simple fact is they're paying you to do something, and they're paying for everything related to that because they probably will need it all at some point.

You do not need it, and will not need it. You're a writer, and you can research anything, and write about it. They can't, or they wouldn't have hired you.

Let them have what they rightfully paid for, and use your talent and skill to research and write your own stories or your own subjects.
 

Jwriter

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Well, maybe you're right. Never having been in this situation before, it struck me as odd to think that I'd have no materials after the project is over, and therefore wouldn't be able to defend my work -- which my name would be on -- if I was called to. In any case, they are spending a lot of time thinking over the timeline, they tell me and I don't think the whole thing is gonna happen anyway. So I really appreciate the education I got here, and I'll know more next time.
 

jdkiggins

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Jwriter,
I don't know if this job ever went through or not, but veinglory and jamesaritchie are correct. There is nothing unusual about giving them your info. They are paying for you to write the history for their company. As long as you are happy with the payment you will receive, this is a common practice.

You always have the right to keep copies of everything for future reference. There is nothing to keep you from writing other individual stories from the information you have collected. Most businesses are happy to see other stories come out about their company. After all, it's free advertising for them.

I wrote the history of the Taylor Chair Company of Bedford, Ohio and dealt with this same type of situation back in the 80's. I also asked them to consider me first for any updates they may wish to have written in the future. From the original job, I sold several pieces about other aspects of this type of company. A few years later I went back and wrote a piece about the newest president of the company and updated what had been happening with the company since the history was written.
 
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