Tuesday, June 18, 2013 06:11:53 PM
Freelance Writer's Agreement
By this agreement made the ____ day of _________________________, ____, (the Writer) transfers rights to certain freelance pieces (the freelance work(s)) to NEWSPAPER NAME (“NEWSPAPER NAME”) under the terms described herein.
1. JOB DESCRIPTION. NEWSPAPER NAME retains the Writer to create, or to transfer the rights to the freelance work already created, described as follows: __________________________________________________________________
to be delivered to NEWSPAPER NAME by , ____, for publication in NEWSPAPER NAME.
As a freelance writer, the Writer is an independent contractor and not an employee of NEWSPAPER NAME.
2. GRANT OF RIGHTS. In consideration of the payment of the contract price described in Paragraph 3 herein by NEWSPAPER NAME to the Writer, the Writer hereby agrees to transfer to NEWSPAPER NAME a nonexclusive, assignable, perpetual worldwide permanent license to duplicate, display, distribute or transmit the work in all media, known or hereafter known.
a. This grant shall include but not be limited to:
i. NEWSPAPER NAME’s right to print, publish and sell the freelance work and any revisions and new editions thereof, in whole or in part, separately or as part of any other publication of NEWSPAPER NAME (or its affiliates), under NEWSPAPER NAME’s own name and under other imprints or trade names;
ii. the right to reproduce the freelance work, in whole or in part, in all languages, formats and media, whether now known or later developed, including but not limited to customized versions, audio and video recordings, mechanical or electronic renditions.
b. This agreement in no way affects the copyright ownership of the freelance work(s). It is expressly acknowledged that NEWSPAPER NAME claims a copyright in each edition of NEWSPAPER NAME but does not claim copyright in the freelance work(s). Any registration of the freelance work(s) shall be the sole responsibility of the Writer and will in no event be undertaken by NEWSPAPER NAME.
3. PRICE. NEWSPAPER NAME agrees to pay the Writer the following contract price: $ in full consideration for the Writer’s grant of usage and transfer rights to NEWSPAPER NAME, as described in Paragraph 2.
4. PAYMENTS. Payment shall be made within thirty (30) days of the billing date.
5. CHANGES. The Writer shall be given the first option to make any changes in the freelance work that NEWSPAPER NAME may deem necessary. However, no additional compensation shall be paid unless such changes are necessitated by error or changes in circumstances on the part of NEWSPAPER NAME, in which case a new contract between the parties shall be entered into on mutually agreeable terms to cover changes to be done by the Writer.
6. COPYRIGHT, AUTHORSHIP CREDIT and INDEMNITY. The Writer shall warrant that any content provided by the Writer does not infringe upon the statutory or common law copyright or any other right of any person or property anywhere in the world. The Writer shall indemnify and hold harmless, including the payment of attorney’s fees and costs through trial and one or more levels of appeal, NEWSPAPER NAME, its affiliates and its directors, officers, employees, agents, successors, assigns, licensees and distributors against any and all claims made or judgments paid or incurred in connection with claims by any party which arise from use of materials originating with the Writer.
7. LIMITATION OF LIABILITY. In no event shall NEWSPAPER NAME be obligated or liable to the Writer in any manner for consequential or incidental damages, including, but not limited to, lost profits or suits by third parties.
8. This Agreement is entered into in the State of North Carolina and shall be construed in accordance with and governed by the laws of the State of North Carolina. In the event of any dispute arising hereunder, the parties agree to submit to the jurisdiction and venue of the appropriate state or federal courts located in __________ County, North Carolina.
This the ____ day of _______, ____.