Editor says he "doesn't need a contract"

larrypotter · Oct 27, 2008

Here's my story:

I am about to work for an editor of a sports magazine for the first time. It's a small publication. He liked my query and has offered me a price for the piece and a kill fee if he doesn't use it -- all that's fine.

I responded by saying, great, will you be emailing a contract? The editor responded that he works with just a small stable of writers and doesn't have a contract that he uses at this time.

I threw together a generic "contract" that -- without legalese -- re-states our agreement. Should I email it to him and ask him to sign it? Or should I accept that, since we discussed and agreed via email that all is well?

And, since we're all here, are there any writers out there who -- when faced with an editor who is prepared to work without a contract -- have written up your own?

aka eraser · Oct 27, 2008

I know it goes against the acceptable grain these days but I've written quite a few articles over the years without a contract. (All the mags were easily found on newstands so legitimacy was not a factor.) If the offer to accept the piece, the stated payment and the kill fee, were all made via email - then you have a de facto contract. Save and/or print the email.

Personally, I'd take the guy at his word.

Once.

And no, I wouldn't proffer my own. He's already told you his practice and you risk alienating him if you offer your own.

Michael Parks · Oct 27, 2008

I second what aka eraser said.

inkkognito · Oct 27, 2008

I'll third it, especially with a smaller publication and an editor who has committed to the terms in writing (at least via email). While the logical side of me says, "Contract! Contact!", I'll admit that I've worked without one quite a few times and haven't had any problems so far. As long as there is a meeting of the minds on the terms that exists in some concrete fashion, it's good for me.

acousticgroupie · Oct 27, 2008

I've gotten way screwed without contracts. Send him your agreement and let him know that you understand he doesn't have a contract and you would like your agreement signed. It's really up to you but that contract really goes a long way to establish yourself. Plus, most legit places expect a contract and come to me with theirs first.

Good luck!

larrypotter · Oct 27, 2008

Great feedback. This publication -- while small -- is actually very well-established and well-read in my region. I have been wanting to write for them for some time. I have been hosed in the past, and I am all about "getting it in writing." However, I think I will take the guy at his word this first time. I have his email, and I'll let it slide this time in hopes that we establish some sort of rapport and a second job comes from it. That time, I won't mess around -- I'll send him my contract and ask him to sign it.

I'll let you all know how it comes out.

And thank you for your FAST -- and excellent -- responses.

herdon · Oct 27, 2008

I've worked without a contract several times. In this instance, I wouldn't require them to sign anything (and if I was the editor, I wouldn't sign what you sent). Unless we're talking about a huge project, I'd just make sure I was paid for the article before writing a new one.

Laurie PK · Oct 27, 2008

When an editor doesn't have a contract, I've sent them an email casually outlining our agreement. "So, just to confirm, I'll be writing this article on this topic by this date, for x amount of money." That's just as effective as a contract...that is, if you were to sue for payment, then it would be legal.

Tish Davidson · Oct 27, 2008

What Laurie says. Plus, if they are going to do you out of your payment, it will happen any way whether you have a contract or not because unless it is a big, well-paying project, it costs more in time and money to sue than it is worth and even if you go to small claims court and win, there is no guarantee that you can enforce the judgment.

scope · Oct 27, 2008

What Laurie PK says.

twnkltoz · Oct 27, 2008

I've worked without a contract several times, and haven't had a problem yet, knock on wood. I'll add my agreement to what Laurie said.

Henri Bauholz · Oct 27, 2008

I have to agree that e-mail acts as a de-facto contract. I've written several pieces for American, Canadian and German editors with only e-mail as a record and never had a problem. (So far) On one occassion I thought that I was being burned, but fortunately I sent the editor a bill, before doing anything drastic and they paid me right away. So if the article isn't too large I would begin with e-mail, as the binding agreement.

Why I Write

P.S. Remember that if you do encounter a problem there are internet resources where you can alert other writers.

Ms Hollands · Oct 28, 2008

My current sub-editing job involves no contract. I started almost three years ago and was extremely nervous that it might fall through either a week before or a week after I started. He too runs a small magazine. If you have a good gut feeling, maybe go with it, but do as Laurie pointed out and write an informal e-mail outlining your understanding.

Cleopatra Jones · Oct 28, 2008

Ah...this has been on my mind lately. May I add a question to the original? I wrote a piece on spec for a well-established national magazine. I was told that the piece was accepted and will appear in the Jan. 09 issue of the mag. There was no mention of payment but the writer's guidelines on the magazine's website says writers are paid .10 a word. The editor never offered me a contract and I never asked for one. What should I do to make sure that I get paid? Stupid of me to not have settled this earlier, but I really want this piece to be published as it would be my first publication in a national mag. I didn't want to rock the boat....

Thanks for any advice!

stldenise · Oct 28, 2008

I've only worked for one magazine and we've not done a formal contract on any of my assignments before I do the work. However, it is the Boy Scouts, and if you can't trust them, then we're all screwed. I think the first time I got an assignment my editor referred to the right agreement they have posted online - that's the only formal thing. It doesn't outline payment, but it does say what rights I'm giving them...Since then, when ever I turn in a finished piece he'll email me and ask me to print out the rights and an invoice (which they also provide, how nice!) and mail it in.
Do contracts normally state more than the rights agreement? My editor always makes an offer on money and word count through our emails.

aka eraser · Oct 28, 2008

Cleopatra Jones said:
Ah...this has been on my mind lately. May I add a question to the original? I wrote a piece on spec for a well-established national magazine. I was told that the piece was accepted and will appear in the Jan. 09 issue of the mag. There was no mention of payment but the writer's guidelines on the magazine's website says writers are paid .10 a word. The editor never offered me a contract and I never asked for one. What should I do to make sure that I get paid? Stupid of me to not have settled this earlier, but I really want this piece to be published as it would be my first publication in a national mag. I didn't want to rock the boat....

Thanks for any advice!

Did the guidelines not state whether payment was made on acceptance or publication? "On acceptance" (in my experience) rarely means the cheque is winging its way to you minutes after you get the OK. It can often take a month or so. If they pay upon publication, then you can probably expect it within a month or so of that issue hitting the stands.

If the guidelines don't specify, drop an short, friendly email and ask when you can expect payment. You can couple it with your "glad you're using the piece" note, if that hasn't already been sent.

Congrats on getting into a national.

larrypotter · Oct 28, 2008

Well, I did a little bit of what everyone said. I sent an email back accepting his terms. In response to his comment that he doesn't have a contract and that he uses just a small stable of writers, I said that I was thankful to join the small group and that this email would serve as our contract this time.

I have a good feeling that everything will work out.

I have been seriously freelancing for about two years and publishing as a hobby for about ten. This contract question has continued to come up for me, and here's how I feel: I REALLY appreciate those editors who respond to the "contract question" by sending a contract right out that outlines everything. Aren't they great? I'm a professional, and I like working with pros. I look forward to a time -- and it's not that far off -- when I have a few more pieces in my portfolio, and when I have slightly steadier work. Then I'll tell them I don't work without a contract; it's just not how I operate.

Thanks everyone for the great responses.

awatkins · Oct 28, 2008

aka eraser said:
If the guidelines don't specify, drop an short, friendly email and ask when you can expect payment. You can couple it with your "glad you're using the piece" note, if that hasn't already been sent.

Congrats on getting into a national.

You might also want to ask if you need to send an invoice and if so, what amount you should invoice for.

And congrats from me, too!

ETA: oops! cross posted wih you!

Skye Jules · Oct 28, 2008

I'll fourth, fifth, whatever everyone else has said, and just say that I freelance every so often--no contract there--so I wouldn't worry and just print out the e-mail to.

WildScribe · Oct 28, 2008

Laurie gave good advice. I rarely work with a contract, and I have never been screwed for payment by a magazine.

Cleopatra Jones · Oct 29, 2008

Thanks for the advice, all. I won't worry about not having a written contract. And thanks also for the kudos! I'm very excited!

Editor says he "doesn't need a contract"

larrypotter

aka eraser

Fish Whisperer

Michael Parks

In the moment

inkkognito

Onlyifyouwanttowillyoufin daway-Enya

acousticgroupie

larrypotter

herdon

What's up?

Laurie PK

Fulltime blogger & freelance writer

Tish Davidson

scope

Commonsensical Maverick

twnkltoz

Henri Bauholz

Ms Hollands

Cow lover

Cleopatra Jones

stldenise

Scout Mom

aka eraser

Fish Whisperer

larrypotter

awatkins

Not harboring illegal parrot

Skye Jules

March 15th: Issue 1 release

WildScribe

Slave to the Wordcount

Cleopatra Jones