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RE: Contract dilemma/We need to know more


Nancy Stedman wrote:

> And as an addendum, my experience is that you can write for newspapers 
> for 
> a very long time without them asking you to sign a contract. You're 
> usually 
> better off without a contract (for newspapers, not magazines) because 
> the 
> default option is that you are only giving them first North American 
> serial 
> rights.

I haven't ever worked for a newspaper, so maybe I'm all wet here.  
However, I don't think you're EVER better off working without a contract 
except in three situations:

1)  You're writing the work first anyway, before looking for a 
publisher.  So off course, no contract (yet).
2)  You are doing a first piece on spec, proving yourself, so to speak, 
to a new editor, willingly taking the risks yourself.
3)  Many of us do not have contracts with our literary agents, and it 
works just fine.  (However, part of the reason it works is that agents 
add an "agency clause" to all agented book contracts that covers the 
basic financial obligations between agents and authors and makes it part 
of the book contract.)  

I doubt there is a "default position" that has any legal standing.  
Without a contract, you simply interpret the situation how you wish.  If 
your work were to come hugely valuable, you might find the publisher 
saying, "Hey, it was all all-rights."  Then, practically speaking, it 
would be all-rights, because they are bigger and you can't win a suit 
and they know it.  For your interpretation to matter against much bigger 
parties, you need it to be clear, not subject to interpretation, and it 
needs to be on paper.  

Carol Deppe

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