Signing a contract is of utmost importance to an independent writer. Leaders of major writing groups are urging us to educate ourselves about what to sign and what to refuse to sign. Most of us know by now that one new major area to be concerned about is electronic rights. Yes, it's very important to know, in principle, what to try to get into every contract.
But the question remains for each of us every time we confront a contract alone, one on one with an editor or publisher: What can I actually get? When the publisher refuses to give on an electronic-rights clause, do I cave in and sign or do I say no and walk away? Can I afford to walk away if I'm generally satisfied with the money, or really want to do the magazine article or book?
Usually with a book contract, we have an experienced agent running interference. The more daunting and exasperating task for a writer often can be signing a magazine contract. Below are two articles that deal with this problem. The first is by Dan Carlinsky, chair of the contracts committee for the American Society of Journalists and Authors, who spoke at a well-attended NASW workshop in Baltimore in February. Dan tells you what your rights are and urges you to stand up for them. Dan is great and I'm awfully glad he's doing what he's doing. We need him.
The next article is by Robin Henig, a well-established free-lance science writer and author based in Takoma Park, MD, who expresses the frustration many writers feel when handed a contract to sign. Even in dealing with a magazine that Dan told her previously had agreed to certain authors' rights that she sought, Robin was told by the editor of the magazine that the magazine could not meet her request for a revised contract. What does she do? What do we all do?
One thing we do for sure, is TRY to get revisions in the E-rights clause so that we get paid for E-rights separately from the printing work. And we should always try to get an indemnity clause taken out or substantially modified. As Joel Shurkin, free-lance science writer and part-time agent, advised during the workshop: Never sign the first contract you're given without seeking any change. Publishers expect revisions, Joel advises.
Dan puts out an ASJA Contracts Watch that you can get from him to keep updated on what ground writer are gaining in their contracts with specific magazines. Good luck! Negotiate hard, and then decide whether to sign each contract on its own overall merit. If you can be a hero for all writers and walk away from a contract that isn't all you would like it to be, great. If you can't, don't worry about it. We're each first of all responsible to ourselves and our families.
But, if each of us seeks changes in contracts, that itself sends a message to the publishing community, and, I hope, will help create more respect for writers and better contracts for writers.
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Mary Knudson can be reached by email on CompuServe at 71614,3114 or on Internet: 71614.3114@compuserve.com. Phone (301) 459-9379; Fax (301) 495-0319.