Clause 62
This incredibly overreaching clause is aimed at writers.
This clause is incredibly overreaching, asking the author to give up too much.
CLAUSE TEXT:
COPYRIGHT:
[Publication] agrees to pay Author for the aforementioned project. Editor of Publication has the right to edit all of material and delete any copy or visuals deemed to be unneeded or impractical. The published material becomes the property of [Publication] with [Publication] owning the copyright.
It is agreed by both parties that all material prepared on a freelance/correspondent basis for [Publication] is the property of [Publications]. In addition to owning the copyright for the print versions, [Publication] owns the copyright for all electronic versions that may be used on [Website] or [Website]. Author relinquishes "all rights" to both electronic and print versions of her work as commissioned and paid for by [Publications].
If [Publication] is required to bring an action to enforce this Agreement, Author shall reimburse the Company for all costs incurred, including reasonable attorneys' fees, court costs, and reasonable costs of litigation. This Agreement shall be interpreted and construed in its entirety in accordance with the laws of this State.
EXPLANATION:
This is a contract between a publisher and a freelance writer. This agreement receives our harshest grade not only because it allows the author to retain no rights to his work but because its language is quite vague and confusing. For instance, it gives the publisher copyright ownership in the print versions of the article, but it does not define what that means. Moreover, the publisher is specifically granted the right to edit or delete any material that it wants without asking the author's permission. The publisher is also granted copyright ownership over all electronic versions of the article used on its affiliated websites. Again, "electronic versions" is a vague and undefined term which could be quite broad. Furthermore, the contract states that the author relinquishes "all rights." The placement of "all rights" in quotations is confusing. It is unclear what the term means. The final paragraph states that the author must pay the legal costs for any challenges to the agreement. Finally, this contract makes no mention of attribution so the author may never receive credit for his work.