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PWAC makes recommendations
to members and their clients on a range of professional
practices, including fee guidelines for various types
of writing and suggestions on assignment terms and copyright.
We strongly recommend the use of a standard freelance
publication contract or letter of agreement, both of
which may be found on this site.
If you are not using PWAC's Standard
Agreement, then we strongly urge you to issue a letter
of agreement. Such an agreement creates a vital "paper
trail" that can help resolve disputes that might
arise between the freelancer and the client.
A letter of agreement can be issued by either party,
but it should include the following:
- A confirmation of the assignment.
This can be as detailed as required, but should include
at least the following:
- agreed fee and expenses,
plus when payment is due
- scope and length of assignment
- deadline
- rights licensed to the client
- If the assignment is for a
publication, freelancers should always include the
phrase that they'll be licensing "one-time serial
rights in English," unless a different arrangement
has been made.
- The client should have the
opportunity to give feedback. The confirmation letter
should include a phrase such as "unless I hear
from you by (give a reasonable date), you agree to
the details outlined in this letter."
- The freelancer's invoice should
accompany the completed manuscript/assignment. The
invoice should always be sent to the client before
payment and before the work is published.
- To protect their copyright,
writers should include the following phrase on all
invoices to magazine and newspaper publishers/editors:
"Copyright licence: one-time serial rights in
English only. If the article is not published within
12 months of submission, the licence is terminated.
All other rights reserved, including syndication and
electronic rights."
The issue of copyright ownership
is of more concern today than ever before due to the
advent of electronic media (CD-ROMs, World Wide Web
sites and electronic databases). Professional writers
negotiate additional compensation for additional use
of their work in electronic form.
Freelancers and purchasers of
freelance material need to be aware of how copyright
law works in Canada. The Professional Writers Association
of Canada Copyright Information Kit also includes a
letter of agreement that can be used for most types
of freelance writing assignments.
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