Why it’s important to have one and not need it.
Don’t be afraid of contracts. They are there for a specific reason, saving you money and time. I love contracts.
It’s imperative for self-publishers to work around a copyright agreement, especially when outsourcing their projects.
Make it a point to draft up an agreement with your ghostwriter, copy editor, proofreader, illustrator, graphic designer and etc., etc.
One of Mirwag Inc.’s bestselling services is drafting copyright contracts and non-disclosure agreements to self-publishers when dealing with outsourcing their precious work.
You have to protect your work starting with a Copyright Contract
https://gawrimanecuta.com/mirwag-inc-services/self-publishing-consultation/
and finally by sending a copy of your work to the Library of Congress.
The Canadian equivalent would be
http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/Home
You may not really know the mess you will be getting your work and creation into with your smiley-faced proofreader until the problem arises. So, it’s better to cover all the bases and have a written agreement. Put it away in a locked drawer and hope you will never have to enforce it. Either way, you have nothing to loose.
What to include in a copyright contract?
- Names of all parties involved and their responsibilities
- Completion and delivery dates of all projects
- Detail of all specifics
- Additional Work, Future Arrangements and Type of Finish on all the projects
- Assistance and Cooperation provided by the “Author” of the work
- Monetary Compensation – invoicing, mode of payment, dates and amounts
- Dispute Resolution – if, what and how shall we resolve it? Act of god? What happens to the partially completed work? Return and destruction of all confidential information?
- Confidentiality (Non-Disclosure) Agreement – “I don’t want to see my work on your Instagram profile before I publish it.”
- Portfolio Usage
- Terms of Agreement
- Termination of Contract
- And most importantly the Copyright Clause and the Governing Provision/ Inclusion of Clause for the Employer to retain ownership of the work.
Include as much detail as you possibly can. At this point it’s good to ask “what if” questions.
In case of uncertainty, there is a contract with details to fall back onto.
Both the employer of the work and the employee of the work should have a signed copy of the contract. It’s always good to have the contract witnessed and notarized.
However, this part is entirely up to you.
Most importantly communicate with your freelancer or employee and draft a contract that suits both your needs and agreeability. If you are in a good working relationship with your employee than, both of your satisfactions are met and the contract is portrayed as a mere formality.
One aspect that is almost always overlooked by amateurs is the lack of detail in a contract, especially a Copyright Contract that should include a confidentiality clause (or a non-disclosure agreement-NDA).
Example:
Lets say you employ someone to ghostwrite your story. You have now given your idea/manuscript to a ghostwriter. It didn’t occur to you that your ghostwriter was going to discuss her new project with her best friend on Facebook. Imagine your surprise when you see someone else jumping on your bandwagon with the same theme or idea even before your book is published.
Firstly, you could have had a verbal contract with your ghostwriter. Most people have short memories and they forget details in which case “my word is my bond” becomes useless.
Secondly, you could have told your ghostwriter to sign a NDA asking him or her not to divulge in any kind of exposure to your manuscript.
People pay more attention to reading a contract since they have to put their signature on it… and they will remember what they have signed.
Hence the saying – read before you sign.
(The only time I had put my signature on a piece of paper without reading it was for my
Thyroid surgery. I had to do it regardless, so to me there was no point in reading the medical
non-liability clauses.)
There will be a constant reminder to the employee that they are not supposed to do certain things during a project just because it was stipulated in their contract. Not to mention there will be repercussions. Perhaps the entire contract will be terminated without remuneration.
Sign the Copyright Contract to protect your work and to make everything else easier for you. You certainly don’t want to have an argument with your freelancer about uncertainty of payment or delivery dates of your project. Communicate effectively, put it in writing and seal the deal.
Anyone can draft a contract as long as they have proper knowledge of the law and both parties agree to the details. Going into a lawyer’s office can cost you as much as $400 an hour and most have inadequate knowledge of Copyright law. They will insist that they have to do the research so why not do the research yourself and draft the contract yourself or contact me.
My background in law has certainly come in handy.
A detailed Copyright Contract from Mirwag Inc. is priced at $350 US and you can use the same contract with minor changes for future projects.
Rest assured your work will be protected.
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