This also goes for freelance contracts.
I once had a company slide into their NDA, before we had even discussed compensation, that anything I wrote that wasĀ āsimilarā to what Iād be working on for them belonged to them. It was so broadly worded, that anythingĀ I wrote with a contemporary setting would belong to these peopleā¦including the web serial I was writing and publishing at the time. Full rights.
I told them I could not sign it as stands and attempted to open negotiations.
I never heard from them again. I strongly feel I dodged a bullet.
Never, ever sign a non-compete clause unless it is extremely narrow.Ā āDonāt take our stuff and sell itā is fine.
āWe own everything you makeā is not fine.
I also had a temp employer try to do a milder version, which wasĀ āAnything you write during your commute.ā Uh, right. You going to pay me for my commute time then. I refused to sign and did not get the job.
Unless you are literally at theĀ āCanāt pay my rent/food billā point? It is better not to get the job or gig than to be locked into an aggressive non-compete.
With the legally-required disclaimer that Iām not a lawyer, watch for these in publication contracts and NDAs:
Overly broad non-competes.Ā āPlease donāt self publish a book the same month weāre releasing your bookā is fine and only good manners.Ā āYou arenāt allowed to self publish for the life of this contractā is a red flag.
On the same note, overly broad first refusal clauses. Donāt sign with a publisher who insists that they have to have first refusal on every single book you write for the length of the contract. Often they will sit on your books for months, even if they donāt publish that genre. However, it is always polite to give first refusal on sequels and other books set in the same world.
Life of copyright clauses. For the love of little puppies and kittens: Never. Sign. A. Life. Of. Copyright. Contract. (Work for hire is obviously a different situation. Iām talking for original work here). Contracts should have a specified term in years, after which your rights automaticallyĀ revert if you donāt renegotiate. Automatically. You shouldnāt have to request them.
Signing over rights the publisher doesnāt intend to exercise. Donāt sign over audio rights unless the publisher has a solid record of producing audio books (if they do Ā have a solid record of it then doĀ give them audio rights and make them pay the production costs). Donāt sign over movie rights to a book publisher! Yes, I have seen this. The publisher was Curiosity Quill. They have since imploded. If a publisher is e-only ask about splitting off the print rights.
For work for hire contracts, then you are signing over all the rights in the contract. (Editing contracts are always work for hire). An NDA is standardĀ and donāt be afraid to sign one even if theyāre scary, just make sure they donāt hide anything nasty in it. A standard NDA should boil down toĀ āPlease donāt share the files with anyone and please donāt talk about the project publicly without our permission.ā I personally treat every project as under an NDA even if I havenāt signed oneā¦youāll see me talk occasionally aboutĀ āThis project I canāt talk about is taking up my time.ā That means Iām either under an NDA or I should be if the publisher had any sense.
TheĀ āoppositeā of an NDA is a required publicity clause. Be careful of these: Make sure you arenāt responsible for the results. Usually they arenāt too onerous, though. Itās more likeĀ āWould you please share the kickstarter with all of your Facebook friends.ā I also had one which required me to post the release of the anthology to my blog. Usually theyāre no big deal, but watch out for pressure being put on you to do a ton of marketing on a small thing like a short story. It can take you away from marketing stuff which really needs it.
Donāt sign broad non-competes. Ever. Under any circumstances.
Donāt sign away the rights to something a company canāt use/exercise.
Donāt be afraid to negotiate.
Donāt be afraid to walk away (unless, again, you would end up on the street/without health insurance/etc).