Legalese made easier
Whether you already signed a contract, have been asked to sign one, or expect to soon, it’s not impossible to understand what the contract says—even when it looks indecipherable.
At its core, a contract is simply a promise of payment for provision of goods or services (called “performance”). It spells out the conditions and expectations of each party—and the consequences should either party fail to meet the expectations (often called “damages” or “event of breach.”
On request, FIRE can explain any contractual phrase you may encounter. But here are some important ones for freelance investigations:
- Terms of delivery and payment
Clarifies when, how, and how much you will be paid—and reimbursed for any out-of-pocket expenses (e.g., including expenses incurred before you pitched). Clarifies “kill fee” in the event that the story is not published (traditionally c. 25% of story fee).
- Scope of project and editorial control
Specifies what the story is about, anticipated length, and any unique stylebook requirements of the outlet. Clarifies whether you may review (as opposed to approve) proofs or final cuts of stories and/or accompanying headlines (in the unlikely event an error is introduced in editing).
- Intellectual Property issues
Resolves who owns copyright (the intellectual property associated with the story); “derivative” works (e.g., screenplays, book editions, podcasts); and notes, outtakes, and research material you gathered and could “repurpose” elsewhere. (Note: “Work for Hire” means the publisher owns all rights in your work even though you are not an employee).
- Representations and warranties
A promise to do (or not do) certain things that the parties agree are fundamental to performing the contract, most consequentially in relation to liability protections and indemnification.
- Indemnification or “hold harmless”
Who pays the legal costs in the event of a legal action—the “harm” that won’t happen to you if you’re “held harmless”—a big one. Covered in-depth throughout the Tip Sheets, starting with the basics here.