An American Editor

November 13, 2017

The Business of Editing: Tax “Reform” & Editors

Dominating the news is the Republican “plan” for tax “reform.” If you are not closely following the proposals, you should be. You need to keep in mind that you are both a business and an employee, so whatever changes are made to tax laws will affect you.

With nothing finalized, it is hard to determine exactly what the proposed changes will do to my tax bill, but based on what has been leaked so far, I will be paying more, not less, federal tax. More worrisome, however, is what effect “reform” will have on my state and local taxes.

In speaking with one colleague, he told me he didn’t care if they eliminated or capped the mortgage interest deduction because he rents. On the surface, that sounds right, but it isn’t — he forgets that his landlord likely makes use of the mortgage interest deduction and if losing it causes the landlord’s taxes to rise, the loser will be him, not the landlord, because his rent will rise to cover the additional tax burden. He also was dismissive of the limits proposed for deduction of real estate taxes, yet the same scenario plays out for real estate taxes as for mortgage interest deduction.

Do you work for nonprofits? Nonprofits are concerned that charitable contributions will decrease under the proposed “reform.” If that occurs, might that affect your business? Early reviews indicate that most middle class taxpayers will see little to no lowering of taxes actually paid and that many will see an increase.

If you are a corporation that generates more than $5 to $10 million in annual revenue (as a professional editor, wouldn’t you like to see such a balance in your bank account?), the proposed reforms will be beneficial (the U.S. Chamber of Commerce can’t praise the “reforms” enough). In contrast, smaller businesses are expected to either remain the same or do worse (which is why the National Association of Small Businesses is opposed to the proposed “reforms”).

Similarly, if your personal income (after business expenses) places you in the top 1% (possibly even the top 5%), you tax bill will be lowered by an average of $133,000. Alas, those whose after-business-deduction income brings them down to a more earth-like number of around $60,000 (or less), will either see a very little relief (averaging less than $300) if they have the right additional personal expenses or no relief (because they do not have the right additional expenses) or even a small increase in taxes.

Are you deducting medical expenses or student loan expenses? Those will be passé under the “reform.” And so it goes. Of course, nothing is yet settled but things could be settled without your input if you aren’t paying attention. (It is worth noting that taxpayers residing in high tax states like California, New Jersey, and New York, are likely to see increases in their tax bill, but residents of no-income-tax states like Nevada and New Hampshire have no reason to gloat. Apparently many in those states will see a rise — it will be indirect, e.g., increased rent or local tax, rather than direct.)

We also need to think about the “drip” effect of the proposed “reforms.” Republicans are betting that by lowering corporate taxes, corporations will move more of their money onshore and take their tax savings and hire more American workers and/or give their current non–senior-level American workers pay raises averaging more than $4,000 a year, rather than hold on to the money or pass it out to senior-level management and shareholders. Unfortunately, there is no precedent to support this expectation of pay raises for lower-level employees. (It also ignores a fundamental of business: it is cheaper to give a bonus than a pay raise. A bonus is a one-shot deal that may never happen again and leaves the worker’s pay amount the same, whereas a pay raise is forever.)

What I find most interesting is that no one is talking about Sam Brownback’s Kansas, the first true real-life experiment in trickle-down economics. Brownback and the Republican legislature were firm believers in trickle-down economics: companies will flock to Kansas and create jobs, wealthy folk will move to Kansas and spend their money in Kansas, state coffers will overflow. Unfortunately for Kansans, reality is not the same as fantasy. All of trickle-down’s promises — more jobs and revenues, higher incomes for everyone, more money for education, and so on — failed to materialize, so much so that Kansas was on the cusp of bankruptcy and the Republican legislature had to raise taxes.

The point is that when discussing taxes, there is much more that needs examination than the surface promises. Additionally, that examination needs to be made from both the business side and the personal side. We cannot take a politician’s word that benefits will accrue to us. We need to dissect each proposal and determine what effect it will have on us. We also need to think about what effect each proposal might have on our clients. For example, if you edit for the real estate industry, what is the likelihood that a change in the mortgage interest deduction will impact your clients and cause them to consider not using your services as a way to save money? Or that it will cause clients to lower what they are willing to pay for your services?

Once you have examined the tax proposals, you need to participate in the process. As independent contractors, we need to be proactive, not reactive. We need to let our legislators know how we will be affected — whether positively or negatively — and what we want our legislators to do. But we need to do this from a position of knowledge, not from sound bites.

I know what I will be telling my legislators. Do you know what you will be telling your legislators?

Richard Adin, An American Editor

October 30, 2017

“Net 15” or “Net 30”? — Don’t Get Your Hopes Up

by Elaine R. Firestone, ELS

Part of being a good (and profitable) freelance professional is understanding the business side of business — both yours and your clients’. Even though I’ve been an editor for more than 30 years, I’m also a businessperson who understands the vagaries of accounting departments (I come from a long line of accountants and bookkeepers).

Unfortunately, what most freelancers lack is basic knowledge of bookkeeping and accounting systems in Corporate America. I’m not talking about what software your clients use for their accounting. I’m talking about what happens on the other side, that is, what happens to an invoice once you submit it and how it gets processed, which ends in you getting paid. You need to have verbiage in your contracts that spells out the payment terms and the schedule for payment(s), and the client has to agree to your terms. There’s more about contract terms later.

First let’s talk about corporate accounting departments. Most firms have an accounting cycle that is made up partly of their particular business practices and partly by when certain filings are due for local, state, and federal reporting and taxes. Large firms have separate Accounts Payable and Accounts Receivables departments, whereas in smaller firms these accounting functions are often in the same department or even the same person doing all of the bookkeeping work. Checks are “cut” (made out) on a given date every month; entries may be put into ledgers on a given date; various reports are run on certain days; various taxes are paid on certain days; and a whole host of other things go on in between.

That’s all well and good and nice information to have, but how does this affect you and your business? As an example, let’s say you have “net 15” in your contract with a client. You finish a project on June 4, and send the invoice to them on June 5. According to the net 15 terms in your contract with them, you expect to have a check in hand on June 20 because June 20 is 15 days after June 5, that is, the “net 15” in your contract. But…you don’t get the check until July 20. You are frustrated, annoyed, ticked off, etc., because in your mind it’s a month overdue. To the company, however, this is acceptable. Why? What are you missing? You are missing two vital pieces of information: knowledge about (a) the review process for your invoice — and every firm has a review process in place, even if it is nothing more than the person who ordered the services writing “OK” on the invoice, and (b) when the company actually cuts checks.

Let’s talk about the review process first. Sometimes the review process is to see whether your work is up to the client’s standards. On occasion, someone other than your immediate point of contact may insert his opinion into the review process; and sometimes the review process is to make sure everything is there and complete.

Sometimes, having your work go through a review process before you can get paid greatly slows the timing of your payment. Two examples of this are:

  1. When the customer thinks it knows what good English is when it doesn’t (or its related problem of when the customer insists an element of style is a grammatical “rule”); and
  2. When the customer (or someone higher in the approval cycle) decides something should be added or deleted in the text and refuses to OK your invoice until everything is as they think it should be — regardless what it said in your original scope of work and/or your contract with the company.

It is, however, the customer’s right to see if your work is OK. The review alone could take a week or two depending on how big the project is and what else your contact has on her plate to do.

Once your client says the work is fine and approves the invoice, your invoice is sent up the chain for further OKs through however many approval levels it has to go before it gets to Accounts Payable (AP). Now, let’s say (using the example above) it finally gets to AP on June 18, but AP only cuts checks on the 10th of each month. Because AP has already cut the checks for June, it won’t cut any more until July 10. The check is cut on July 10, and then the check may or may not go to a junior person to put into an envelope, seal, and mail. However, because of the distance between where you are and the company, and mail delivery service what it is, you don’t get it until July 20. See?

Most firms are not going to drop everything to cut a check just for you if it’s out of their regular cycle, even if payment is to be made electronically, directly to your bank.

Some of the payment problems you might face may be contractual, especially if you didn’t specify payment terms in your contract. If you just put “Net 15” on your invoice, the client might not be capable of meeting a 15-day payment schedule. This needs to be kept in mind when negotiating your fee. Actually, during contract negotiations is the time to learn your client’s payment procedures and to account for —in your fee —any payment delays that are likely to occur.

Other problems might be because of the client’s internal logistics. For example, your contact OKs your invoice right away, but the next person in line to OK it is on vacation for a week and didn’t appoint someone to approve payment during their absence. (Unfortunately, I’ve seen this happen too many times to count, although, thankfully, not in my freelancing career.)

The two primary methods for dealing with a client’s failure to pay on time are:

  1. Don’t work for them — which would be a shame if you value them, and they value you; and
  2. Grin and bear it and work in the time the client takes to pay into your personal budgeting and, as noted earlier, in your fee.

If you didn’t find out ahead of time and put it in your contract, ask what the AP schedule is so you can submit your work and invoices in time for you to get paid at the earliest possible date. That said, you should always try to have a financial cushion to draw from if the need arises, such as the case here with late payers, or if you lose a customer (or your health). You should never depend on just one or two clients for the bulk of your livelihood.

Elaine R. Firestone, ELS, is an award-winning — and board certified — scientific and technical editor and compositor specializing in the physical and agricultural sciences. After a 25+-year career editing for NASA, Elaine started ERF Editorial Consulting, where her motto is “ERF” aren’t just my initials — it’s what you get: Edits. Results. Final product.©

October 2, 2017

The Business of Editing: Do You Know Your Business’ Health?

Discussions in online forums are fascinating. Pick an editorial forum and you are bound to find that sometime in the forum’s recent history, at least one, and even more than one, editor has asked “What should I charge?” or “What’s the going rate?” Both persons new to editing and experienced editors ask that question.

There are a lot of things wrong with the answers that are usually given, and we have discussed any number of times how to calculate what you, individually, should charge for your services. Yet there is another aspect to why the answers are generally wrong and why the question should not be asked of colleagues — your business’ health.

Let us assume that you ask “What should I charge?” and that the consensus responses are $25/hour. That is the extent of the online exchange. No analysis of the response is made that goes beyond “This is what I charge” or “The XYZ survey says” or “This is what seems to be what most responders to such questions give.” It is the lack of analysis that will hurt your business the most.

When someone responds $25/hour, what do you know about the responder’s business? For example, do you know

  • how many hours of editing they do a year
  • how many clients they have
  • how many years of experience they have
  • what types of manuscripts they edit (e.g., fiction or nonfiction, romance or biography, academic or nonacademic, STEM or medical)
  • who their clients are (e.g., independent authors, bestselling novelists or barely selling novelists, doctoral students, well-known publishers, small presses, academic presses, packagers, law firms, pharmaceutical companies, journals, English-as-a-second-language authors)
  • among their client types, the percentages of each type
  • their annual gross income solely from editing for the past year; the past 5 years
  • whether editing is their full-time occupation
  • whether they have another, primary source of income so that the household is not dependent on their earnings or if they are the sole income source for their household
  • whether their editorial business is profitable year after year
  • what their local cost of living is in comparison to yours
  • what debts, if any, they have that would affect the amount they charge

The list can go on but you get the picture. You are taking advice for your business from someone whose circumstances you do not know.

General advice about how to calculate what you should charge doesn’t require in-depth knowledge of the person offering the advice — but advice on precisely what to charge does. It matters greatly whether the person offering the advice runs a business that loses money year after year or turns a large profit. It matters greatly whether they work 25 hours a week for 40 weeks a year or 35 hours a week for 50 weeks a year. And it matters greatly whether what they earn is supplemental income on which the household is not dependent for survival or their income is the only household income and its absence would jeopardize survival.

In other words, you need to know your business’ health and their business’ health.

A healthy business is one that is satisfactorily profitable. The profit may be $1 or $100,000 — the number that satisfies you is personal to you. But profitable it must be; it cannot be costing you money to be in business.

So we come back to the fundamentals of the required Effective Hourly Rate (rEHR) and the desired Effective Hourly Rate (dEHR). You need to know your rEHR before you can accept advice to charge $x/hour or that $x/hour is the “going rate.” Even if $x is truly the going rate, what does it matter if by charging $x/hour you do not earn enough to be profitable?

When assessing your business’ health, you need to have all your data at hand. You need to know, for example:

  • how many hours and weeks of work have you averaged over the past few years
  • the likelihood of your being able to maintain that amount of work over the coming year
  • how much you owe others
  • your living expenses
  • how much you need for a rainy day fund
  • your costs of doing business (e.g., marketing, internet access, computer hardware and software)

With this information, you can calculate your rEHR, which represents the minimum amount you can earn per hour to support your lifestyle. This number is fundamental to many business decisions you need to make, starting with whether you can afford to continue editing space opera novels for independent authors and ending with figuring out how to expand your business through marketing.

If your rEHR is high, that is, higher than you think or know the market will bear, then it will also act as an impetus for you to devise ways to make your workflow more efficient. I’ve told the story before about the origins of my EditTools macros, but I’ll repeat it here. I found that to earn my dEHR (not my rEHR) I had to either work longer hours every day or become more efficient in my workflow. The smarter way for me was to become increasingly efficient. As my efficiency grew, my work hours became fewer but my EHR grew. Eventually, I found that I could reduce my working hours by 25% yet raise my EHR so that it approached my dEHR. I was able to do this by creating EditTools macros. I invested upfront time, money, and effort so that I could repeatedly, over the long term, increase efficiency.

The dEHR is the hourly rate I would like to earn. It is not an hourly rate I can charge my clients, few would be willing to pay it. It is an EHR that is greater than my rEHR, which represents the minimum EHR I can earn to meet the costs of lifestyle. When I earn more than my rEHR, my business is healthy and profitable; when I earn just my rEHR, my business is healthy but not profitable; and when I earn less than my rEHR, my business is unhealthy and unprofitable — it is losing money and thus costing me money.

When someone online tells you that the going rate for copyediting is $25/hour and you do not know your rEHR, you do not know whether your business will be healthy, healthy and profitable, or unhealthy and losing if you charge that $25/hour. If you know your rEHR, then there is no need to ask others what to charge because you will know what you need to earn. Instead, you will need to focus on determining how to calculate your fee — hourly, page, project, word, character — to meet your rEHR and to work toward your dEHR.

It is important to think in terms of efficiency and EHR. And it is important to remember that if you charge your client by the hour, whatever you charge as your hourly rate does not change — $25/hour remains $25/hour — whereas if you charge by the page, project, word, or character, your EHR can fluctuate up and down so that the more efficient you are the higher your EHR can be.

Regardless of how you calculate your fee, the bottom line is that your business being healthy relies on your knowing your rEHR, not on what someone responds in response to “What should I charge?” or “What is the going rate?”

Richard Adin, An American Editor

September 13, 2017

The Business of Editing: Undercharging?

Recently, Jake Poinier wrote an essay titled “Stop Worrying About Freelancers Who Undercharge.” It is an interesting essay and one certainly worth reading, especially as the advice he gives, which is summed up in the article title, is sound — as far as it goes.

Overall, I agree with Mr. Poinier’s advice. However, two things particularly struck me about the essay. First, “undercharging” is never really defined. The implication is that people who charge on the low end of the fee scale are undercharging, or if your competitors charge less than you think is the correct rate, your competitors are undercharging. The second item that struck me is that the essay fails to give guidance as to what is a proper amount to charge. After all, undercharging only has meaning if there is a universally accepted amount against which to measure.

(Okay. Actually there is a third thing that I find bothersome: the use of “undercharge” to describe the issue. Undercharging and its opposite, overcharging, are generally associated with a seller–buyer relationship, not with a competitor–competitor relationship. Competitors underbid and undercut. The reason is that there has to be a universally definable and applicable sum against which under- and overcharging can be measured for everyone. That can occur with a readily defined product in a seller–buyer relationship, a good example being price shopping a specific model of automobile. In contrast, with undercutting [or underbidding] there is rarely [if ever] a standard sum; there are too many variables that are unique to each competitor so no standard price exists. Undercutting is relative to the competitor’s pricing strategy, not to identical goods and services. But for this essay, I’ll accept that “undercharging” is the correct term.)

These issues are not only intertwined but need to be tackled in reverse order. So I begin with the measure.

What is the proper amount to charge?

In the world of editing, there isn’t a readily definable, measurable, or acceptable “going rate.” When someone asks the question, “What is the going rate for copyediting?,” no single, universal rate is ever quoted. Just as importantly, there is no universal definition of what constitutes copyediting. True, there are some commonalities that nearly every editor will name but then there are the variations that appear when defining their own services.

If the service does not have a universally definition and if editors cannot state a “going rate” that every editor recognizes as the “going rate,” then how can anyone determine “what is the proper amount to charge?”

More importantly, this is a question that cannot result in universally accepted answer because for each of us the point at which loss becomes profit differs. As importantly, this number changes as circumstances in our life change. This doesn’t mean that there isn’t an answer to the question. It means that the answer is personal and cannot be found by asking in online forums.

The proper place to begin is — as I have stated numerous times — with determining your required Effective Hourly Rate (rEHR). (For details on how to determine your rEHR, see the five-part series, The Business of Editing: What to Charge.) If you do not know what you need to charge in order to be profitable, you cannot know whether you are undercharging — you need something to measure against.

This raises another point, which is implicit in saying that the answer is personal: each editor’s rEHR is personal and different from that of another editor. For example, in my case, my rEHR 25 years ago was significantly higher than my rEHR of today. Twenty-five years ago I had to plan on paying for college for my children, I had to support two automobiles, I had a mortgage to pay, I needed to fund my retirement. Today, my children are years out of college, my mortgage is paid, I only need one automobile, I no longer need to fund my retirement. My circumstances have changed and so has my rEHR. If 25 years ago my rEHR was $50 an hour, then I needed to earn the equivalent of at least $50 an hour to meet my expenses. If I earned $49 an hour, I wasn’t earning enough to break even — I was losing money.

It made no difference if my colleagues were charging the equivalent of $20 per hour — I couldn’t charge that and put food on the table if my rEHR was $50. Were colleagues who were charging $20 undercharging? Or was I overcharging?

Colleagues charging $20 were undercharging if their personal rEHR was higher than $20; if they had calculated their rEHR and it was $15, then they were not undercharging for themselves. That they were able to charge less than me and still be profitable has nothing to do with undercharging — instead, it is a reflection of their business status (and, perhaps, acumen).

That today my rEHR is significantly less than it was 25 years ago and thus permits me to charge significantly less than what a colleague can charge for copyediting (assuming my colleague knows her rEHR and doesn’t charge less than her rEHR) does not mean I am undercharging — underbidding, perhaps, but not undercharging.

What is undercharging?

Editors do not define the services they provide under the rubric “copyediting” identically. Each of us defines what we will do in exchange for a quoted fee. That is the basis for the adage “quality, speed, cost — pick any two.” The idea is that something must be sacrificed and we often define “copyediting” based on this adage.

If, for example, “copyediting” usually includes basic fact checking but the client wants the 500-page manuscript edited in 2 weeks and is willing to pay $500 for our efforts, our definition of copyediting might change to exclude any fact checking. The point is that the definition of the services we each provide is both fluid and not universal.

Yes, some professional organizations and some editors do post online a definition of copyediting, but those are not universally accepted definitions and, at least in the United States, not mandated. So, in the absence of a universally accepted and applied definition of what constitutes copyediting, how can it be determined that someone is “undercharging” for copyediting services? If you include fact checking and I exclude fact checking, our services are not comparable and my lower price may reflect my exclusion of fact checking.

In the end…

What all of this amounts to is this: Ignore what colleagues are charging unless you can determine that everything about your and your colleagues’ services (both as defined and as provided) are identical in every possible way and that everyone’s rEHR is identical. Absent that you should focus your energy on determining what your rEHR is and making sure that you can meet (or better, exceed) that number.

Asking what a colleague charges is a waste of time except for satisfying curiosity. Your fee should be based on your needs (your rEHR). There will always be someone who charges less and the reasons are many, including they are less skilled, they offer a lower-quality end product, their rEHR is very low, or, most likely, they have no clue what their rEHR actually is and have picked a number out of the air because it seems in line with what others charge or has been mentioned online somewhere.

If you haven’t read it recently (or at all), in addition to reading The Business of Editing: What to Charge, take the time to read The Business of Editing: “I Can Get It Cheaper!” A client can always get it cheaper because there is always someone who is willing to work for less. Fighting back by lowering your price is a losing proposition. Instead, learn how to set a correct price, stick with it, and convince clients you are worth it.

Remember this: If you do not think you are worth at least your rEHR, you probably aren’t, and clients will think the same. Clients almost always believe the same about you as you believe about yourself.

Richard Adin, An American Editor

August 30, 2017

From the Archives: The Editor’s Interest: Copyright or Not

(The following essay was originally published on
An American Editor on March 1, 2011. The addendum
was added and published on August 30, 2017.)

A question that sometimes arises, usually when an editor has difficulty getting paid for his or her work, is: What can the editor do to collect payment? I’ve been a long-time advocate of the position that the editor has a copyright interest in the edited version of the manuscript, a card that the editor should play in payment disputes.

We need to step back a little. First, if you are an editor and have a written contract governing the relationship between you and the client, unless the contract specifically provides for your copyright interest, you don’t have one — your relationship is governed by the four corners of the written contract.

Second, the law is unsettled, not clear, or whatever other description you want (muddy, perhaps?) as regards an editor’s interest in the edited manuscript.

Third, the editor’s interest I advocate extends only to the edited version. The author and/or publisher have an unencumbered copyright interest in the original manuscript the editor received; it is only the editor’s edited version in which the editor has an interest — and that interest is wholly extinguished upon being paid in full (i.e., the check has cleared, not the check has been received).

As you can see, I am talking about a narrow interest, not the broader interest that an author has in the manuscript. This narrower interest can readily be extinguished in two ways: (1) payment for service in full or (2) wholesale rejection of the edited manuscript. Acceptance of even a single comma, or corrected spelling — that is, of any single edit — is, in my view sufficient to retain the editor’s interest.

Here is where opinions begin to scatter. I have been told by lawyers for one major publisher that I do not have such an interest. It was a great thrust to the heart by the publisher but, alas, it missed. If lawyers scare you, then this isn’t the position to take. But if you have some titanium backbone, the response is (and the one I made)

I am willing to find out in a court of law. Are you willing to take the chance that the court sides with me, because if you are and if you lose, you will make life exceedingly difficult for your publisher client. Isn’t it smarter to simply pay my bill?

The reality is that it is smarter to pay my bill and not hire me again. It is unlikely that what is owed me is such a large amount of money that the risk of losing in court is worth taking.

Of course, there are steps that should be taken when using this collection method. You should send both an e-mail and a certified-mail return-receipt letter to the client notifying the client of your interest and demanding that they either pay your invoice in full immediately (be sure to give a specific payment date) or

  • not publish the edited manuscript;
  • if they publish the manuscript, that they not sell any copies or distribute any copies;
  • if they sell or distribute any copies, that they place 100% of all receipts in a trust fund pending outcome of litigation;
  • and that they notify the author(s) in writing that you are claiming a copyright interest in the edited version of the manuscript because of the client’s failure to pay for your services, which payment would extinguish your copyright interest.

You’d be surprised at how much influence a screaming author can have, especially if the author liked your work! If you know how to contact the author, you should send a copy of the e-mail and letter directly to the author as well as to the publisher.

Alright, I admit we haven’t yet determined how valid the editor’s claimed copyright interest is, but I’m not sure it is possible to determine its validity in the absence of a major court’s definitive decision (lower court decisions have little precedential value, just witness the 5 decisions on Obamacare). Because it is an open question, I see no problem in making the claim. Personally, I see no problem in defending the claim, either.

A court decision adverse to a publisher and in favor of an editor on this could have significant ramifications for publishers. It would add pressure to pay on time because an editor could prevent release of the manuscript in its edited form. Of course, it could also encourage publishers to add editing to the list of items to be bypassed in the book production process, but doing so would remove one of the few remaining justifications for traditional publishing.

The most likely result would be the influx of contracts. Today, most publishers still work on the handshake basis; that is, they contact an editor and ask if the editor is available, tell the editor what is wanted, and send the manuscript for editing. Sometimes a purchase order is included. In return, the editor edits the manuscript, returns it with an invoice, and receives timely payment. Welcome to the world of 99% of publishers and editors.

The problem is the 1% with whom a handshake is like striking a bargain with the devil who has its fingers crossed behind its back. They promise payment in 30 days and then when the work is done tell you it will be 6 months. Or they tell you how much they love your work until the invoice arrives, at which point they tell you how bad your work is and want you to reduce the invoice. Or they tell you the manuscript is 250 pages and only requires a very light edit when the reality is it is a 400-page manuscript that requires a very heavy edit because the author’s English language skills are virtually nonexistent.

With the 99% of clients a contract or a handshake means the same thing and either will work. With these clients the issue of the editor’s copyright interest never arises. Even if they hate your work, they will pay your invoice on time and just not call again. Paying your invoice costs less than 2 hours of attorney time, so business sense dictates payment.

With the 1% of clients neither a contract nor a handshake has any meaning. It is with these clients that one must be prepared to use the complete arsenal available to collect for work done. Unfortunately, we often don’t discover that a client is part of the 1% until the work is done (perhaps a particularly good reason to bill and get paid in instalments), at which time the 1-percenter thinks we are over the barrel. It is with these clients that the copyright claim is most effective and should be invoked.

Do editors have a copyright interest in the edited version of the manuscript? Maybe, maybe not, but it is a weapon in the editor’s collection arsenal that should not be ignored.

[Addendum added August 30, 2017: If you have a contract with a client that specifically states that you retain a copyright interest until paid in full, that clause is enforceable under contract law — it is no longer a copyright question. Copyrights are transferable and saleable property. Recall that in olden days, by contract, authors assigned copyright to publishers or movie studios or record companies and it was the publisher, the movie studio, the record company that enforced copyright. The change — that is, the author keeping copyright — began in the late 1960s and became standard in the 1990s. However, authors are still free to assign copyright as they wish via contract.

The main essay above focuses on those instances where there is no contractual provision assigning copyright pending payment to the editor. Best practice is to include a clause in your written contract as there is no question about the enforceability of such a clause.]

Richard Adin, An American Editor

August 28, 2017

From the Archives: The Business of Editing: Noncompetition Agreements

(The following essay was originally published on
 An American Editor on January 29, 2014.)

As I have discussed in the past, I rarely am asked to sign a contract. Yet lately it seems that an increasing number of packagers are asking for contracts. The terms are one-sided and onerous, and in some cases want me to agree to be bound by the law of a country to which I have never been and with which I have no legal or cultural connection.

But there is one particular clause that I find to be especially irritating, and unlike sand in an oyster, does not produce a pearl. I am referring to noncompetition clauses.

I am a freelance editor. By definition it means that I have more than one client. If I have only one client, the IRS is likely to look askance at my claim to being a freelancer and call me an employee, something neither I nor my clients want. Consequently, I sometimes wonder if my clients are confusing noncompetition clauses with nondisclosure clauses, although they assure me they are not.

The illogic of the noncompetition agreement is that clients are unwilling to divulge their client list. How can I possibly know who I should not solicit as a client because of such an agreement if I do not know who the packager wants me to not solicit? The answer is, all too often, that the packager basically wants me to stay away from everyone who could possibly provide me with work except them — even though they are unwilling to commit to giving me more work than the current project.

More importantly, from their perspective, I would think, is the possibility that the IRS would ask why a freelance book editor, someone who is supposedly not an employee of the packager, be required to sign a noncompetition agreement when by the very nature of being a freelancer, I am in competition with the packager, at least to the limited extent of the limited number of services I provide. The normal situation is that an employee who is leaving the packager’s employ would be asked to sign a limited noncompetition agreement because it would be expected that the leaving employee is leaving with knowledge about the employer’s clients and business.

I have raised this issue several times with those who ask me to sign a noncompetition agreement. I have even suggested that we submit it to the IRS for an advisory opinion, because if I am going to be made an employee, I want to bargain for all the benefits. Not only has there been a general refusal to discuss the matter, there has been universal refusal to get that IRS opinion. I am not surprised.

For the purpose of the noncompetition agreement, it is editing that is the subject matter. These agreements need to spell out exactly what areas I cannot compete in (which they do not), and it basically has to be limited to the services I actually provide the packager (again, which it is not), that is, limited to editing.

But then the packager would need to attest that my editing services are unique and particularly valuable. If they are run-of-the-mill, they cannot be restrained by a noncompetition agreement. When I raise this point, I ask if the packager intends to pay me a premium for my services, so that it would be clear that they value my editing skills much more than the skills of any other editor, which might make my editing skills unique, not run-of-the-mill. Alas, that has not yet occurred — but I keep trying.

Part of the problem is that some lawyer somewhere has given the packager a bunch of papers for freelancers to sign without stressing that the forms are appropriate for certain types of work but not for others. The people who do the freelance hiring at the packagers are told to have the freelancer sign the forms and so they become insistent, and impervious to any suggestion that the forms (or clauses) are inappropriate for the work I am being hired to perform.

So that puts us at a stalemate: the packager won’t hire me without my signing and I won’t sign.

I know that some of you are saying “just sign, get the work, and move on.” The problem is that there may be nowhere to move to. If I sign a noncompetition agreement without knowing who I am to avoid and without narrowing down the services involved, I could be putting myself out of business. The usual case is that the packager and I both often do work for the same client. Think about a publisher the size of McGraw-Hill, Pearson, Wiley, or Elsevier. They produce thousands of books and journals every year and have numerous divisions. How unusual do you think it is for both a packager and an editor to work with one of them? But if the packager’s agreement is signed as presented, you may be precluding yourself from working with such companies.

Besides, why should such a limiting agreement be signed without appropriate compensation? If you give up valuable rights, in this instance, the right to work with clients you may have worked with for years, should you not be compensated?

I am constantly amazed by editors whose job it is to deal with words, language, and meaning, yet who will blithely sign contracts without considering the ramifications of signing. Just as I give the manuscripts I work on a careful read and think about what message is being communicated, so I do the same on my own behalf when it comes to signing contracts for editing work.

Would you agree not to edit a spy novel in the future because you are being hired to edit one today? Sign a noncompetition agreement and you might be saying exactly that. Would you agree not to edit a book on pediatric medicine for McGraw-Hill because you edited one for Elsevier three years ago? You might be agreeing to that.

The point is that you need to read noncompetition agreements very carefully. You need to be sure that its scope is very narrow and that all of the entities you are not to approach are identified. Even more importantly, you need to negotiate compensation for the rights you are giving up. Finally, I would think about whether signing the agreement would change your status from freelancer to employee in the eyes of the IRS. Because I am averse to signing such agreements, I make it clear that I plan to send the agreement to the IRS for review. So far, that has been enough to have the agreement disappear without my signature.

Richard Adin, An American Editor

August 23, 2017

From the Archives: The Business of Editing: Nondisclosure Agreements

(The following essay was originally published on
 An American Editor on November 12, 2012.)

Have you been asked to sign a nondisclosure agreement? In recent months, I have been asked three times to sign such an agreement, and three times I have declined to sign the agreement as provided.

If you have been asked to sign such an agreement, how carefully have you considered its terms, what those terms mean, and what effect those terms might have on your business? Based on conversations with colleagues, I suspect that most of the time the agreement is just signed and considered a requirement of doing business. For the most part, I would think the agreement is meaningless — after all, exactly what trade secrets are editors being made privy to? — but because such agreements could return to haunt me years down the road, I am careful about what contracts I sign.

These agreements are particularly problematic when they are with an offshore company. Citations to foreign laws and provisions to litigate in foreign (to me) courts are red flags — these are two things that I simply cannot agree to. I imagine having a dispute with a client whose NDA agreement requires me to litigate in Indian courts. I have no doubt that Indian courts will fairly apply Indian law, but what do I know about either Indian law or the Indian court system? And based on what I read about how long litigation takes in India, I’d likely be buried before any dispute was resolved, after having spent many thousands of dollars prosecuting or defending an action.

It is bad enough when I am asked to sign agreements that are governed by U.S. law and courts. My pocketbook isn’t unlimited; it is paltry compared to that of the company that wants me to sign the NDA.

Interestingly, none of the NDAs I have been presented with have ever really defined what I am not supposed to disclose. They use terms like “trade secrets” but they never clarify what that means. I make it a point — before signing — to ask for an exhaustive list of what constitutes a trade secret. I want to make sure that (a) it is information to which I am privy and (b) that I agree that it is a trade secret. More importantly, I don’t want to be ambushed. How can I know what not to disclose if you don’t tell me specifically that the information is a trade secret?

The NDAs also usually include a very broad clause that is a mother clause to another, somewhat subsidiary, broad clause. The first says that anything you invent or improve upon becomes the company’s intellectual property. The child clause says that you give the company permission to execute your name to any paperwork it deems necessary to lay claim to your inventions. Together, both clauses cover everything you have done from the day you were born and everything you will do to the day you die (when read in conjunction with the clause that says the NDA will continue in force even after your relationship with the company ends).

I suspect that no reasonable court would uphold such clauses, at least based on my knowledge of American courts, but the truth is, I have no idea what a court in India or Germany or Spain or Tunisia or Brazil or anywhere but America is likely to do — and even with American courts, all I’m doing is “educated” guessing. To find out what a court would in fact do, I would have to initiate a lawsuit, an expensive proposition.

Also missing from the NDA is any benefit to me. There is no guarantee of work; there is no payment in exchange for my signature; there is no reciprocal agreement that the company will not disclose my trade secrets. What is usually said is that they cannot hire me without the NDA, but that is not the same as saying they will hire me if I sign the NDA. And there is certainly nothing in the NDA that says that should they hire me, they will pay what I consider a reasonable rate. The NDAs are decidedly one-sided.

I have certain rules by which I conduct my business. First, any disputes have to be settled in the American judicial system under American law. I am an American editor with an office in America.

Second, I will not sign any agreement that gives the company the right to execute documents of any type in my name. I have no idea who these people are. My signature is one of the most valuable things I own; giving it away seems to me not to be a smart idea.

Third, I will not sign broad agreements. Agreements must be specific and limited. All of the NDAs are written for consultants who are going to come to the company and examine its books and procedures and make recommendations and improvements or who are being hired to create something specific to improve the company’s workflow. I’m not doing anything even remotely close to that. I edit books. I have no idea what the contract terms are between the companies I work for and their company or author clients. I make sure sentences end with punctuation and that flippant is spelled correctly. I don’t determine whether a book is worthy of publication or how many units to print or how large the marketing budget should be or whether the book should be digitized or anything else that remotely could be called a trade secret by a reasonable person. Thus the danger of these broad clauses and why extraneous/inappropriate clauses must be stripped from the agreement.

Fourth, I will not sign a contract that is so one-sided that it should be titled “Certificate of Indenture.” I must get something in return, something much more than a future promise of possibly some work. I will offer to sign an NDA for a specific project with the NDA limited to the specific project.

Fifth, I will not sign an agreement that gives a company the right to lay claim to things I create, invent, or improve upon that facilitate my doing my work. I have spent, for example, many thousands of dollars developing EditTools and my (patent-pending online) Max Stylesheet. EditTools makes my work go more smoothly and quicker; the Max Stylesheet both makes it easy for multiple editors to work closely on a project and for clients to access a book’s stylesheet years after I edited it. Both are tools for my business and marketing points. Yet under the presented NDAs, the companies could lay claim to these items and could execute documents to take title to them without compensating me.

I understand the need for NDAs. Afterall, no company would like to give a consultant access to its databases to find that the consultant is selling the data to the company’s competitors. But companies need to look at who they are asking to sign NDAs and not simply have a blanket rule that requires everyone to sign one. An editor like me who has no access to company information is not really a candidate for an NDA.

More importantly, I need to carefully read and consider any agreement presented to me. What are its implications? What if something does go wrong? What if nothing goes wrong but the company sues me anyway? How important is this company’s business to me?

The bottom line is this: The company doesn’t trust me enough to give me work without signing an Orwellian NDA but expects me to trust it to do what is correct and honorable when it deals with me. A handshake will serve me, but not the company. Doesn’t sound like a very promising relationship to me.

What do you think?

Richard Adin, An American Editor

August 21, 2017

From the Archives: Business of Editing: Liability Insurance — Nyet

(The following essay was originally published on
 An American Editor on May 22, 2013.)

One problem with working as an editor for large organizations is the contract that the organization wants you to sign. Some of the clauses have validity, others I wouldn’t sign regardless of the promised fee (see, e.g., The Business of Editing: Contracts — A Slippery Slope and Editors and Contracts: Editor Beware!). Recent discussions on various lists have focused on another requirement: the requirement to carry liability insurance (an errors and omissions policy) for such things as defamation and other events that have nothing to do with editing.

These contracts are boilerplate and prepared by attorneys who rarely have a clue about what an editor does for the express purpose of covering all of the possible arcane matters that can affect a publisher. As editors, we need to say “Nyet!” to these inapplicable clauses.

When I am faced with a demand for errors and omissions insurance, I ask the client to specify clearly and precisely against what risks I need to insure myself and against which the client will seek indemnification. I point out, for example, that defamation is not something an editor does; it is something a writer does. I make it a point to educate the client as to what precisely an editor does and does not do, after which I ask the client whether I am being hired as an editor or to perform some other function, one that has the potential to make me wish I were insured.

If the client expects me to undertake tasks that could make me liable for such things as would be covered by an errors and omissions policy, I know I need to decline the job — because it is not an editing job. Copyeditors don’t decide dosages or medicines, don’t determine whether a beam’s angle is correct, do not determine whether a street is a dead end or a highway on-ramp, or whether a named person is properly described.

I also ask the client whether the client truly believes that anyone would issue an errors and omissions insurance policy that protects against subjective decisions. What I mean is this: What insurance company will insure against my choosing to refer to people as “that” instead of “who” (as in “the patients that” vs. “the patients who”) or will reimburse the client for my use of “followup” (which the American Heritage Dictionary 5e says is OK, along with “follow-up”) as opposed to “follow-up” (which is the only form accepted by Merriam-Webster Collegiate 11e)?

“And what,” I ask clients, “if I use recur when it should be reoccur” (in case you are wondering, except, for example, in medicine, recur means to occur repeatedly whereas reoccur means to occur again once; in medicine, recur is used for both meanings)? “Do you really think an insurance company is going to pay a claim for my using one over the other?” What if I don’t use serial (Oxford) commas or if I do use them and the nonuse/use changes meaning (as in the infamous “eats, shoots and leaves”)?

Every editor knows that issues of language and grammar are rarely right-wrong matters; rather, they are matters of opinion in the sense that both sides of a language and grammar question can be, and often are, correct. How do you insure against making a decision that can be correct but just doesn’t tickle a client’s fancy? Perhaps spelling is in a separate category most of the time, but as followup versus follow-up illustrates, spelling is not in a separate category all of the time.

Clients are intelligent; what clients are not is omniscient. Consequently, when I am faced with a contract clause that requires me to obtain errors and omissions insurance, I endeavor to educate the client. First, I ascertain what the client thinks my job is. Then I educate the client as to what my job really is. If we cannot come to agreement on the parameters of the job I am being hired to do, I say thank you and walk away. To do otherwise is to bring me trouble.

A fundamental rule of editing is that client and editor must agree on the parameters of the job or the client needs to find someone else to do the job. Any editor who fails to grasp and embrace this rule is bound to have unsuccessful client relationships.

After I educate the client about what my job is, I undertake to educate the client as to why the insurance clause should be stricken. The usual response by a client is that if the clause has no relevance to my work, then we’ll leave it and ignore it. Alas, to agree to leave and ignore is to invite danger (for me) into the client-editor relationship. Meaningless clauses need to be struck, not ignored, because once a contract is signed, the unstruck clause is no longer meaningless. It may be that I cannot be held liable for defamatory text written by the author, but I still need to buy the insurance or be in breach of the contract. And do I really want to incur the expense of defending against a client’s attempt to make me liable for not catching that the dose should be 12 mg, not 120 mg?

If the client insists on retaining the clause, I send a revised estimate for the project. I take my original price and add to it a price for the purchase and administration (i.e., my administration) of the insurance. I submit that revised price to the client and explain that my other clients do not require such insurance and that it will be a special purchase just for this client, thus the additional charge. In addition, because the purpose of the insurance is not to protect me but to protect and indemnify the client, the only beneficiary of the insurance is the client, so it is only fair that the client pay the cost.

My experience has been that at this point the client is willing to strike the clause. But I am prepared for when the client simply says sign or go. I always will (and have occasionally had to do so) choose go and refuse to sign.

The only insurance I carry specifically for the benefit of clients is Worker’s Compensation. I maintain such a policy because it proves to the IRS that I am an independent contractor and clients who worry about proving that I am not an employee accept the certificate of insurance in lieu of all other items of proof, such as copies of tax returns or lists of clients, that they would otherwise require (and which I do not wish to divulge).

Part of being a businessperson is drawing lines that I will not permit clients to cross. Those lines are important. They form the basis of the relationship between me and my clients. One of my lines is that I will not sign contracts that contain terms that are not applicable to what I am hired to do, especially if those terms will cost me money.

What do you when faced for a demand for an errors and omissions insurance policy for your copyediting work?

Richard Adin, An American Editor

August 16, 2017

From the Archives: The Business of Editing: Discounting Rates

(The following essay was originally published on
 An American Editor on January 7, 2015.)

It has been asked: Is discounting your rate ever justified? The answer is “yes, but not usually.” We have all been faced with the dilemma: Should we offer a discount in order to get the job? Or because the potential client is a student? Or [fill in the blank]? The answer is not easy. I begin where I always begin when it comes to rates — with the effective hourly rate (EHR). Discounting a rate is like setting a rate in that you must first know how much you have to earn to keep yourself afloat. It is neither very smart nor does you any good to earn less than your required EHR.

Many years ago I would have said that it is better to have some income than no income. That was in my days of not applying business practices to my business and not realizing the potential of my business. The truth is that it is not better to have some income than no income. It is only better if that income meets your required EHR. Note that I am speaking of required, not desired, EHR. I learned quickly that rather than take on work that was below my required EHR I was better served spending my time marketing myself, trying to find work that would meet my required EHR. This is also true when it comes to discounting my rate.

I never discount to a rate that is below my required EHR; I want to be able to pay my bills, which is something I will not be able to do if I do not meet my required EHR. There are several factors at play. First, before discounting my rate, I need to be earning overall more than my required EHR, and preferably close to my desired EHR. It is that difference — the difference between my earned EHR and my required EHR — that is the negotiable area.

Second, the client needs to be a repeating client. It does me no good financially to provide a discount to a one-off client, even if I think that client will tell friends and neighbors how great I am. The reason is that the one-off client will also tell friends and neighbors what he paid and the friends and neighbors will be expecting a similar discount. For repeat clients, especially institutional clients, I am willing to consider a discount because I know I can make up for the loss on the particular project on future projects or because it is worth my while to charge a little less in exchange for a larger volume of work. Which brings me to the third point.

Third, volume discounting is reasonable as long as the discount does not go below my required EHR. In the case of a volume client, I always keep in mind my Rule of Three (see “The Business of Editing: The Rule of Three“) as it will do me no particular good to have a lot of business that I am losing money on. But volume clients are what I want because such clients assure me year-round profitable work. In a sense we have gone full circle. Discounting one’s rate is acceptable in the circumstance that doing so does not bring the rate below one’s required EHR.

Where most of us part ways is with the other requirements. Usually the argument is that

  • it is a new subject area for me that I want to explore
  • the client is poor
  • the subject matter of the project is one that I am very interested in

and other similar “reasons.”

The first question to ask yourself is this: Are you a business or a charity? If you are a charity, then these reasons have some merit; if you are a business, these reasons have no merit. As a business, you need to earn enough to stay in business and even to earn a profit. Why remain in a business that cannot provide income sufficient for your needs?

The second question to ask yourself is this: If I undertake this project, will it preclude me from taking on a higher-paying project? If it will, then it should be avoided. Why take on a project that costs you both money and opportunity?

The third question to ask yourself is this: If I take on this project will I have the time and money and energy to market myself to better-paying potential clients? If no, then don’t take on this discounted project. Discounting is fine when you are in a position to do so, when your business is such that whatever loss you will take can be made up for. It is also fine when it is connected to volume. But under no circumstance is it fine to discount below your required EHR, which means you must have calculated your required EHR beforehand. (To calculate your required EHR, see the five-part series “Business of Editing: What to Charge.”)

One thing we haven’t considered is the worth/value of your editing. I consider myself a highly skilled professional. My services can make a difference. How valuable are those services? The more valuable they are, the less willingly they should be discounted. I differentiate my services by the price I charge and the quality I provide; discounting takes away that differentiation. And it becomes a slippery slope: If I discounted today, why not tomorrow? The consumer will neither understand nor accept the fine differences we use to distinguish among projects and clients; if my price was $x yesterday, the consumer expects it to be $x today and on both days expects high-quality service.

Are there times you can discount? Yes. Are there times when you should discount? Yes. The way your  recognize those times begins with knowing your required EHR and evaluating whether giving the discount will further a legitimate business interest. In the absence of either, no discounting should be given, and under no circumstance should a discount result in an EHR below your required EHR.

Richard Adin, An American Editor

August 14, 2017

From the Archives: The Business of Editing: Contracts — A Slippery Slope

(The following essay was originally published on
 An American Editor on May 7, 2012.)

When I first began editing as a freelancer, I never was offered a contract by a client. I was hired to copyedit or developmental edit, and it was understood that I would do my best and the client would pay me for my work. Even the structure for payment was understood to be what constituted a billable (i.e., hourly or a page, which consisted of x). It was a “handshake” agreement.

For the most part, even today, this is how I conduct much of my work. Yet, increasingly, I am being asked to sign a contract. This has occurred since the last time I addressed this issue, in Editors and Contracts: Editor Beware! In the prior article, I talked about a contract from India. Today, I am talking about a contract from the United States.

Because this is the “client’s” standard contract, I have to wonder how many editors either read the contract that is proffered or if they do read it, understand it; or if they simply sign it and consider doing so a necessity to have any business. I also wonder how many, if any, editors simply reject a burdensome contract.

As some of you know, my background is as a lawyer. Before becoming a professional editor, I practiced law for a number of years and learned early on in that career that business-to-business contracts really do need to be read and understood, and not just blindly signed.

The latest contract that I received simply reinforced that learning. It would almost be impossible to write a more one-sided and unfair contract short of one that says I would be responsible for the other party’s financial losses should the stock market decline for the next 100 years.

Good editors are language-smart, but sometimes not business-smart. Sometimes the need or desire to have work outweighs the common sense that dictates “do not sign the proffered contract.” But it shouldn’t, because some contracts are so exploitative that you have to wonder about the company that is proffering it. Would you trust the dog that bites the hand that feeds it?

Essentially that is what a contract is — an expression of distrust. The question is how much distrust is tolerable. I find that the more onerous the contract, which indicates that the offeror really distrusts the people with whom it “wants to work,” the less worthy the profferor is of being trusted. And thus I prefer not to sign.

Consider statements that say you will be paid “for satisfactorily rendered services.” What exactly does that mean? Who decides? How long do they have to decide? Is it satisfactory to leave “due to” in a manuscript? Is it satisfactory to not distinguish between “since” and “because”? Suppose you think a series of items should be a bulleted list rather than a run-on sentence. Is that okay?

What about a clause that says the client can audit your books? Are you an independent contractor or an employee?

Or consider the attorney-in-fact clause, which says that you appoint the client as attorney in fact to sign your name to any necessary applications for intellectual property protection for any reason. The only thing missed is taking possession of the bathtub.

One of the strongest methods to ensure payment is the availability of the lawsuit remedy. Yet the contracts insist that any claims be arbitrated and that doing so be at your expense. Back in the beginning of time, arbitrators had a reputation for lack of bias and for fairness; that reputation is long gone. I would be hard-pressed to voluntarily give up my right to sue.

The contract I was most recently offered also stated that my work product was a work for hire and that I waive any claim to ownership in my work product. Period. End of story. The waiver doesn’t come about because I have been paid or even because the client is obligated to pay me. No, it comes about because I unconditionally waive all my rights (which I’ll do immediately after the cheese the moon is made of is placed for sale in my local supermarket).

When you receive a contract to sign, do you look at the limitation of liability clause? You should. Invariably, the client has no liability. There is no mention of your not having any liability, which means that you might have some.

My favorite clause is the one that reads similar to this: “This agreement shall be interpreted as written and negotiated jointly by the parties.” Rarely is a client willing to negotiate any term of the proffered contract; it is a take-it-or-leave-it proposition. But this clause has a great deal of legal significance should a dispute arise.

Finally, I love when I get a contract that incorporates the material in an attached exhibit and the attached exhibit is not filled out. An early learned rule is never to sign a contract with blanks. Good luck proving it was incorrectly filled out after you signed, not before.

The list of objectionable clauses and why they are objectionable can go on, but simply listing them doesn’t answer the fundamental question: What can I, the editor who is offered such a contract, do about it? What should I do about it?

I usually send a note back saying I cannot agree to the contract as submitted and give reasons paragraph by paragraph. Usually there are a couple of unobjectionable paragraphs, but, for the most part, the more wrapped in legalese the contract is, the less likely I am to sign it.

I usually begin by noting that the contract has little relevancy to the services for which I am being hired. What relevance does a clause about patents have to copyediting? I suggest that, if a contract is necessary, we should discuss realistic terms that are relevant to what I am expected to do as an editor. I also make it clear that, contrary to the assertion in a contract, there are no universal, objective standards to which either party can look as measures of quality for editing, so it is necessary that client define precisely what standards the client will apply to my work product.

I go through this exercise knowing that it is futile; with rare exception, these contracts are nonnegotiable. But I want the client to understand that I do pay attention to detail, and this is a subtle way of enforcing that message.

In the end, it usually comes down to either signing the contract as submitted by the client or passing on the work. Given that choice, I decide how trustworthy I think the client is. If I think I can trust the client, I will sign the contract; if I have any doubts at all, I will not. There is little sense in inviting trouble.  Usually — but not always — my refusing to sign the contract means no work from the client. Several times in recent months, however, the client has simply worked with me as if nothing about a contract had ever been discussed. In these cases, the work with the client has been ongoing, not just a single project and then no more.

Regardless, editors need to be careful about the contracts they sign. It is better to not sign and lose the work than to work for a client whom you can’t trust. Just as you have a minimum acceptable fee for taking on work, so you should have a standard for contracts below which you will not descend. At the very least, never sign one before reading it carefully and assessing its potential impact on you and your business.

Richard Adin, An American Editor

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