Freelance Project: Magazine Design

Question

Hi, I'm in a process of getting a freelance project on a magazine design, probably 100-120 hour of work. Since this is my first magazine freelance project, I was wondering if anyone can give me some tips in terms of what I should be aware of during the process, what I should put in my contract to protect my rights. As from my previous work experience it can go back and forth many times just to approve a layout design. So what would be a better procedure here?

Answer 1

My contracts specify a limited number of reworks, (usually one) at each aproval stage.  Typically three stages.  Thumbnail sketches of the layouts, color composit stage, which is, pretty much close to the final form, and once more, before going to print.

At EACH of these stages, I don't expect more than fine tuning of the design as approved by the previous stage.  If the client, simply, changes his mind, the contract gets renegotiated.  I don't mind eating the cost of MY mistakes, but I'm not going to do unlimited reworks, just because the client can't make up his mind.  But it should be made clear that the next stage does NOT begin until a signed approval is in your hand for the previous stage.

Also, take care in how you handle your copyrights.  If the magazines' layout theme (what is called a "grid" in the industry) is your original idea, the copyright is, basically yours, unless you sell it, outright.  If you do sell it, you should get paid a LOT more than if they let you keep the copyright.  If you sell it, you no longer have any say on how the design is used.  If you retain the copyright, any further use of the layout, beyond what was contracted, must be renegotiated by you.  In other words, your contract can stipulate that the grid is yours and you limit it's use to "one year," or "two years," or "five years," or whatever.  If they want to keep using it, they have to come to you.  It also means that they can't make any minor changes in the design without coming to you.  For example, you design the major page layout features, such as the logo, cover layout, font families, pull quote features, page numbering and table of contents.  If they want to make changes in, say, the cover, but still keep the rest of your layout, they have to come to you to do the work.

So, if you retain the copyrights, they  have to pay you to continue to use the design, so, the original price of the layout is smaller, since you have the potential to make more money later, from the same design.  If you sell the copyright, the revenue stream is over, for you, so, you should be able to ask more for the design because you are not going to make a dime from it in the future.

Make the contract fair.  It should stipulate what you expect from the client in the form and timeliness of the payment for the work and, it should stipulate what the client expects from you, such as in the number of pages or hours expected on the project and the deadlines for each stage of the project.

The contract does not have to be full of incomprehensible "legalese."  Plain English contracts are just as valid. (that is what a work order is, and an invoice and many other business documents)  But everything in it should be carefully considered and understood by all parties.  And, EVERYONE gets a signed copy.