Tech Biz Writing

Many technical writers are “self-employed professionals”, a term which covers a multitude of … (Just fill in the word you would most prefer). There are therefore two types of contract which will apply:

* A contract with an organization for a batch of work, or single job, often time-limited.
* A contract with a publisher for a specific book, or other work.

In the first case, it’s always wise to have a personal approach to these contracts which avoids the obvious elephant traps. The following isn’t perfect, but it will give you a structured approach to dealing with a new contractor.

* Read the contract first before signing.
* Keep a record of what has been agreed and compare this with the contract proffered. It won’t always agree because different people will have prepared the contract. Don’t take anything on trust.
* Try to summarize each paragraph. Note any possible objections as you go. It’s easy to forget a point later.
* Beware of complexity: “The party of the second part is known as the party of the second part.” [Marx Brothers]. “Second Part: There is no second part.”
* Make sure your advisers are competent in this particular area of law.
* Check everything, and if you can’t agree, tell the contractor. Be polite.
* You will have your sticking points. So will they. Recognize them and try to reach a fair compromise. If that’s impossible, walk away with a smile.
* If you sign, move heaven and high water to comply with the terms. Your reputation is at stake.

For contracts with publishers, we have already covered some of the problem areas under Copyright above. There is much that a writer can do to guard against the free use of what is, or what might turn out to be, a valuable property. The starting point is the small print of the contract. Any publisher who offers a deal that is dependent on exclusive rights must be regarded with suspicion. It’s likely that he has no intention of paying the author a single penny beyond a basic fee or royalty. This is what happens to contributors to academic and specialist journals, who are invariably asked to assign their copyright as a condition of publication. Even those who make a living out of writing and are skilled in the devious ways of publishing can lose out simply by ignoring the subsidiary clauses of a contract or, if reading them, by not realizing the long-term implications.

Once surrendered, copyright cannot be retrieved. An assignment of copyright is binding. There may well be occasions when the surrender of copyright is justified. A writer who works to order, adapting material provided for a company training course, say, or a sponsored history to be used as a promotional tool, would be pushing his luck to ask for more than a set fee.

Next: 50. Afterword.