Contracts

Freelance Contracts: Do’s And Don’ts

Drafting a contract that covers you, and doesn’t just enumerate information, is more than important: it is a must. Freelancers do not have the benefit of a legal department dedicated to protecting their interests with a watertight contract. Nevertheless, a freelancer’s contract must be comprehensive, concise and clear. It should outline the scope of the job, scheduling demands, the expectations of both parties and more.

The Impact of XML on Contract Law and Contract Litigation

It is unclear how adoption of Web services contracting systems based on XML standards will affect the frequency of litigated contract disputes among businesses. During the more than 20 years that business-to-business EDI contracting systems have been in use, there have been no reported cases of litigated contract disputes involving EDI contracts. By contrast, there have been many litigated disputes involving business-to-consumer contracts formed through the use of clickwrap and browsewrap Internet interfaces that have been in use for only a decade. B2B EDI contracts are usually formed between businesses that are already in a long-term trading partner relationship, and the high initial investment required to use EDI may provide additional incentives to resolve disputes informally. Businesses without long-term relationships should be able to use B2B XML contract technologies, and the absence of a relationship of trust may make it more difficult to resolve disputes informally when they arise. B2B XML contracts should still have a lower rate of litigation than B2C Internet contracts, however, because most businesses prefer arbitration to litigation.

RoMEO Studies 7: Creation of a Controlled Vocabulary to Analyse Copyright Transfer Agreements

This paper describes the process of creating a controlled vocabulary which can be used to systematically analyse the copyright transfer agreements (CTAs) of journal publishers with regard to self-archiving. The analysis formed the basis of the newly created Copyright Knowledge Bank of publishers' self-archiving policies. Self-archiving terms appearing in publishers' CTAs were identified and classified, then simplified, merged, and discarded to form a definitive list. The controlled vocabulary consists of three categories describing `what' can be self-archived, the `conditions' and the `restrictions' of self-archiving. Condition terms include specifications such as `where' an article can be self-archived; restriction terms include specifications such as `when' the article can be self-archived. Additional information on any of these terms appears in `free-text' fields. Although this controlled vocabulary provides an effective way of analysing CTAs, it will need continual review and updating in light of any major new additions to the terms used in publishers' copyright and self-archiving policies.

Online Privacy as Legal Safeguard: The Relationship Among Consumer, Online Portal, and Privacy Policies

Several surveys attest to growing public concerns regarding privacy, aggravated by the diffusion of information technologies. A policy of self-regulation that allows individual companies to implement self-designed privacy statements is prevalent in the United States. These statements rarely provide specific privacy guarantees that personal information will be kept confidential. This study provides a discourse analysis of such privacy statements to determine their overall efficacy as a policy measure. The in-depth analysis of privacy statements revealed that they offer little protection to the consumer, instead serving to authorize business practices which allow companies to profit from consumer data. Using public good theory as a foundation, policy implications are discussed.

Legal Consequences of Employer Discharge Procedures

The employment contract is sometimes misunderstood by both employees and employers. Drafters of employee manuals, policies, and procedures should be aware that the nature of the at-will employment relationship can be transformed into a binding employment contract by the words and phrases chosen. Just imagine the following scenario: On his first day as an Otis Accounting firm employee, Eric was provided an employee manual outlining all firm policies and procedures. Eric was not provided a written employment contract. Despite exemplary work performance at Otis Accounting for more than 2 years, Eric was fired because his supervisor, who belonged to one political party, discovered a bumper sticker for a candidate from the opposing party on Eric's car. Devastated by the unexpected dismissal, Eric sued for wrongful termination. To determine its potential liability, Otis Accounting must first ascertain the nature of its employment relationship with Eric.

Spec Work Can Damage Your Business

Speculative work, or free pitching, 'spec' for short, is considered unethical among leading graphic design associations around the world.

That Monster called Free Pitch

No matter what you call it, Spec Work, Free Pitch, etc the concept is the same. I'll get a handful of designers or studios to come up with a handful of concepts for my website, and the winner gets my business. Great concept? No! There are no winners here.

How to Write Your Own Contract

This workshop is designed to help independent contractors write their own contracts.

Which New Regulatory Changes Will Most Impact Outsourcing Contracts, and How?

In the last two years, more than 300 state bills were introduced directly targeting outsourcing. While the 12 bills that made it into law will impact government contracting most directly, certain pending legislation, if enacted, may force providers to have onshore operations for purposes of providing certain services or handling certain data.

Does Information Really Have to be Licensed?

Discusses the proposed Article 2B of the Uniform Commercial Code, which will be presented to US state legislatures for enactment. It would 'validate shrinkwrap and other mass-market licenses of information' and establish other electronic commerce rules. Samuelson sees a danger in such licenses, in that consumers are said to have agreed to their provisions by 'token assent' such as clicking 'I agree.'

Legally Speaking: Does Information Really Want To Be Licensed?

Although Louisiana and Illinois once passed laws to validate software shrinkwrap licenses, neither statute survived closer review. In the Vault v. Quaid decision, federal judges refused to enforce the Louisiana law insofar as license terms interfered with consumer rights under federal copyright law. The Illinois software shrinkwrap license enforcement statute was subsequently repealed due to industry dissatisfaction with it.

An Agreement With a Web Designer: What Should it Look Like?

Whether you're spending a few hundred dollars, or thousands of dollars, on your website, you should have a written agreement with your web designer. Here's what to include.

Contracts 101

Contracts are the oil that keeps business running smoothly. If you are running your own web design business, you should think of a contract as a business tool that can help you communicate clearly with your clients.

Working as an Independent Contractor

Working for yourself can be a blessing and a curse. Independent contractors ('ICs') enjoy more freedom and control over their work than employees do -- and they can earn more money, too. But they also have to contend with deadbeat clients, self-employment taxes and the higher cost of doing business on their own.

How to Write Your Own Contract

This presentation is designed to help independent contractors write their own contracts. Before attending the presentation think about your current approach to using contracts in your business.

Standard Freelance Editorial Agreement

The agreement spells out editorial responsibilities; specifies the agreed fees, reimbursements, and deadlines; and states what terms shall apply if either party terminates the contract before completion. Schedule A clearly defines various editorial activities so that the editor and the client can agree unambiguously on the work to be done. The completed form is a binding legal document.

Contracts: An Introduction to the Skills of Legal Writing and Analysis

Contracts is a computer program designed for first year undergraduates studying Obligations in Glasgow University's School of Law, written by Paul Maharg and Professor Joe Thomson. It aims to improve students' written work.

What is the Purpose of a CMS Tender?

There are a number of processes used to select and purchase a content management system (CMS). Many of these involve the creation of a tender document. Beyond this core goal, it is worth reviewing what the purpose of a CMS tender is.

Freelance Writer Agreement

This is an example of a typical agreement used for freelance writing assignments. Not that there is specific limitation of rights granted to the “buyer.” In no case do you want to sell blanket rights to your writing. It may be necessary to do it, but make every effort to negotiate a first national rights condition. If the clients wants more, get them to pay more.

How to Write a Tender

For practical purposes, we may say that a tender is 'an offer to do work.' This article discusses quotations for work, standard terms and conditions and letters of agreement. The article is written within the context of UK legislation. It originally appeared in Communicator 7:1, Spring 2001.

Avoiding the Pitfalls of Independent Contracting

With the decline of employer loyalty to employees and the move to outsource peripheral functions, many technical communicators are exploring the possibility of becoming an independent contractor. Although much emphasis has been given to marketing and negotiation skills, there are pitfalls awaiting the entrepreneur who leaps before looking. Among these pitfalls for former corporate employees are structuring time and dealing with isolation. Success as an independent is measured by how well he/she deals with these intangible issues.

Sample Indexing Agreement

The ASI Recommended Indexing Agreement is intended to be informative and is offered as an example of some of the issues that may be related to the relationship between an indexer and a client. ASI does not warrant, guarantee, or in any other way imply that this Agreement will protect your rights. Laws vary from state to state, and a general Agreement such as this may not be applicable in your state or for your particular situation. We strongly suggest that you consult professional legal counsel to obtain competent advice about any contract you may sign or offer to a client.

LOA 101: Intro to Letters of Agreement

Answers some common questions about Letters of Agreement, documents used by independent contractors to define the specifics of particular projects.

Contracting Experiences From Hell

So you've got a contract. The client seems reasonably well heeled and reliable (or you have an agency that can run interference for you). All you have to do is produce and collect, right? Not necessarily! As the following anecdotes show, having a good contract and having your professional ducks in a row are important at all stages of your client relationship.

Contracting: Is It For You?

In an economy that is constantly changing, many technical writers are (or have thought about being) contractors. Being your own boss certainly does have a certain cachet. But is it for you?

A Graceful Palette

The challenge? To resist the temptation to make everything look new. If you work with computers every day and regularly surf the Net, it is easy to lose perspective--though we regularly see some of the best, most exciting design being done today, it is often uncharacteristically modern or ultra-modern. The challenge is to match the presentation to the subject, not to the medium.

Twenty Questions for Your First Day on the Job as a Contractor

It's hard enough your first day at work as a permanent employee. There are forms to fill out, introductory meetings to attend, tools to learn. But people are likely to cut you a little slack at first, while you come up to speed. Then there's your first day as a contractor. You're expected to hit the ground running, ask what you need to know, and get productive as fast as possible. How can you minimize your initial minutes of floundering around, and get to work quickly? The sets of questions below, while by no means comprehensive, will help you figure out how your new environment works. They are grouped, but not prioritized.

Contracts for Every Occasion

This is a reference library of forms to help protect your work and your visitors. It contains sample forms, contracts, and charts to ease the legal technicalities of running a Web site, such as privacy policies, link agreements, copyright agreements, sweepstakes rules, and cease and desist letters.