Freelance Contract Pack

FREELANCE COMMISSIONING CONTRACT

Date: [DATE]
Publication / Commissioning Editor: [PUBLICATION NAME], [EDITOR NAME]
Journalist / Contributor: [YOUR FULL NAME], [YOUR ADDRESS]

1. COMMISSION
The Publication commissions the Contributor to write an article provisionally titled:
"[ARTICLE TITLE]"
Agreed word count: [WORD COUNT] words (±10%)
Agreed fee: £[FEE] (inclusive of VAT, if applicable)
Delivery date: [DATE]
Rights licensed: First British Serial Rights (FBSR) only

2. RIGHTS
The Contributor licenses FBSR to the Publication for one print and/or digital publication in the UK. All other rights — including but not limited to syndication, translation, archive, database, AI training, and secondary digital uses — are retained by the Contributor and may not be exploited without a separate written agreement and additional payment.

3. KILL FEE
If the Publication decides not to publish the commissioned piece through no fault of the Contributor:
— 50% of the agreed fee if the piece has been researched but not written
— 100% of the agreed fee if the piece has been written and delivered to brief

4. PAYMENT
Payment is due within 30 days of invoice date. Overdue payments attract statutory interest at 8% above the Bank of England base rate under the Late Payment of Commercial Debts (Interest) Act 1998, plus fixed compensation as provided by that Act.

5. COPYRIGHT
Copyright in the article remains with the Contributor at all times. This agreement is a licence, not an assignment of copyright.

6. INDEMNITY
Each party indemnifies the other only for losses arising from their own acts or omissions. The Contributor does not indemnify the Publication for editorial decisions made after delivery.

7. EXPENSES
Agreed expenses: [LIST OR "None"]. Receipted expenses will be reimbursed within 30 days.

8. VARIATION
This agreement may not be varied unilaterally. Any amendment must be agreed in writing by both parties.

Signed for the Publication: _______________________ Date: ___________
[NAME / TITLE]

Signed by the Contributor: _______________________ Date: ___________
[YOUR NAME]

SYNDICATION / SECONDARY RIGHTS SIDE-LETTER

Date: [DATE]
Primary agreement date: [DATE OF ORIGINAL COMMISSIONING CONTRACT]
Publication: [PUBLICATION NAME]
Contributor: [YOUR FULL NAME]
Article: "[ARTICLE TITLE]"

The parties agree that, in addition to the rights licensed under the primary commissioning contract dated above, the Publication is hereby licensed the following additional rights:

Right granted: [e.g. Online archive rights / US syndication / Spanish translation]
Territory: [e.g. United Kingdom / United States / Spain]
Duration: [e.g. 12 months from first publication / Indefinite]
Additional fee: £[FEE]
Payment terms: 30 days from invoice

All other rights not expressly granted in this side-letter or the primary commissioning contract remain with the Contributor.

This side-letter does not affect any other term of the primary commissioning contract.

Signed for the Publication: _______________________ Date: ___________
Signed by the Contributor: _______________________ Date: ___________

FREELANCE ENGAGEMENT LETTER (ONE-OFF PIECE)

Date: [DATE]
To: [EDITOR NAME], [PUBLICATION]

Dear [EDITOR NAME],

This letter confirms the key terms of my engagement to write for [PUBLICATION]:

Article: "[ARTICLE TITLE / BRIEF DESCRIPTION]"
Word count: [WORD COUNT] words
Fee: £[FEE]
Delivery: [DATE]
Rights: First British Serial Rights (FBSR) only — all other rights reserved

I will invoice on delivery. Payment is due within 30 days. Overdue invoices attract statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998.

Copyright remains with me. If the piece is spiked through no fault of my own, a kill fee of [50% / 100%] of the agreed fee is payable.

Please confirm your agreement by reply email.

Yours sincerely,
[YOUR NAME]
[EMAIL] | [PHONE]

FREELANCE CONTRACT RED-FLAGS CHECKLIST

Review every commissioning contract or email for the following before you sign or begin work:

ALL-RIGHTS GRAB
[ ] Does the contract ask you to transfer copyright or grant "all rights"?
    → If yes: push back; offer FBSR only. Demand significantly higher pay for any broader licence.

ALL-DIGITAL / ARCHIVE / AI TRAINING RIGHTS
[ ] Does the contract include rights to use your work for AI training, large-language models, or automated services?
    → If yes: these are valuable and should be negotiated separately.

EXCLUSIVITY
[ ] Does the contract prevent you from writing on this topic for other outlets?
    → If yes: you must be compensated. Exclusivity kills your ability to syndicate.

BROAD INDEMNITY
[ ] Does the indemnity clause require you to cover the publication's legal costs for editorial decisions they make?
    → If yes: cross out or heavily limit to your own acts only.

RETROACTIVE VARIATION
[ ] Does the contract allow the publication to change the terms after signing?
    → If yes: delete this clause entirely.

NO KILL FEE
[ ] Is there no kill fee clause?
    → If so: add one before signing. NUJ guidance: 50% unwritten, 100% written and delivered.

PAYMENT TERMS LONGER THAN 30 DAYS
[ ] Does the contract specify payment in 60 or 90 days?
    → If yes: negotiate down. 30 days is standard. Anything longer is a cash-flow risk.

Sources: NUJ Freelance Fees Guide (nuj.org.uk), Copyright, Designs and Patents Act 1988,
Late Payment of Commercial Debts (Interest) Act 1998, Defamation Act 2013.