One of the questions I get a lot is do I need a contract as a freelance writer. The answer depends a lot upon the client and the circumstances.
If you are keeping the rights to any of your writing that you deliver, you absolutely need that in writing. A formal contract is ideal, but even some signed document about who gets what rights.
In my case, most of the time, clients are buying all the rights to whatever I produce for them. For example, if as a Denver-area freelance writer, I produce some articles for a Denver financial planner, then, they can do whatever they like with that content, and I have no rights to republish it anywhere else. In this case, there really isn’t a need for a contract about right from your side as a freelance writer, although your client might want it in writing.
Getting Paid
Ironically, most of the concern comes from the idea of getting paid. As a sole proprietor, entrepreneur, and freelance writer, I don’t put too much stock in the role of a contract in getting me paid. You see, to enforce a contract, you need a lawyer, and a trial, and a judgement, and a way to collect that judgement. Unless you are building up a lot of work before getting paid, that probably isn’t going to be worth it as a freelance writer.
What happens if a freelance writer doesn’t get paid?
Consider an example, where a client wants me to create, and fully fill out a website full of content. For a smaller website, that might cost something like $5,000. If they were to not pay me, the time, cost, and effort of collecting that $5,000 isn’t likely to be worth enforcing via contract. Unless I got awarded legal costs too, it would cost me more than I was owed.
For a bigger project, something like $25,000, that might be worth it. However, in this case, I would never set something like that up where it was all delivered at once, and all paid for at once. Instead, there would be steps and milestones along the way. The initial website setup deliverable, with a $3,000 payment, for example. If I didn’t get the $3,000, I’m out that money, but I wouldn’t deliver the rest of the project either.
Contracts Are Expensive to Enforce
That does not mean you shouldn’t have a contract. A written agreement is a great way to avoid misunderstandings, and a way to settle any disagreements that do arise. Contracts are also a great way to get both sides to understand the process.
Many freelance writing contracts, for example, include a set number of allowable rewrites. For clients who are not used to working with freelancers, it may come as news to them that they can have ANY rewrites, or that there is a limit on what they can come back and ask for. A provision about rewrites in the contract can jump start this discussion before there are any issues.
In some cases, the clients ask you if you have a contract. You can repurpose one from earlier clients, or search the internet for one. Remember, a contract doesn’t HAVE to be long and convoluted. (Herein known as “the client…”) This is especially true if you think of it as a way to get you and the the client on the same page at the beginning of what should be a pleasant partnership, and not as a way to victory in a court.