The business of copywriting: What to include in your copywriter agreement for clients
As a copywriter, you will face plenty of frustrating issues with clients that can be avoided if you have a strong copywriter agreement in place. We know that many copywriters create either a basic agreement with their clients or have no agreement at all. This leads to scope creep, endless revisions, and expectations not being met, amongst other issues. A copywriter agreement that is insufficient will not provide adequate protection for you in the short or long term.
To avoid the frustration, lost time and money that we see our clients' copywriters without agreements are managing, we have outlined what you must include in your agreement to be protected from these issues.
Find our template service agreement for copywriters to give to clients:
Managing scope creep
Scope creep is a very common issue for copywriters and one that you should put a stop to before it ever starts. Have you ever had a client change or expand the original scope of a project? This often leads to you having to do more than what was originally required. In some cases, this might mean manageable adjustments to keep the peace, but in other cases, it might mean a complete rewrite is required. Without a clear agreement, it can be hard to find a way to say no to issues like this and still get paid.
Scope creep equates to more time and effort for you. It takes time to rescope, and accommodating these changes can also put you behind schedule and cause issues with other clients who are expecting projects completed by a particular date.
Scope creep is not only about the length of the client's article or a change in direction, either. It is also about the overall project and how much the client is asking you to do for the agreed-upon price. If you are hired to redesign and rewrite a client's website copy, for example, that does not mean the client can ask you to write 10 blog posts that go on that site without paying extra for that service. Your agreement needs to outline that anything outside the specific details of the project will need to be quoted separately, and that additional timelines will need to be set for the additional work.
If your agreement is detailed and easy to read, this can avoid any difficult conversations. If you are able to refer them to the specific terms outlined in your agreement, then there can be no confusion.
Decreased profitability for copywriters is very common when scope creep works its way into projects. With a solid copywriter agreement in place that accounts for this, it is far less likely that scope creep will be an issue for you.
Managing SEO expectations
The expectations that a client has for their search engine optimisation (or SEO) may be very different from what you know you can provide. For instance, copywriting that includes SEO is not a magical answer to all the client's dreams of being found online or expanding their customer base.
To make sure expectations on both sides are realistic, the terms of the arrangement must be outlined in the agreement. You know what you can provide, but the client must be provided with clear details about what that means for them. When SEO expectations are detailed, both copywriters and clients are more likely to be happy with that part of their working relationship, as well as the overall results.
Solid SEO strategies are extremely valuable, but the client’s technical site health, search algorithms, competitor content and other factors contribute to the degree of success that can be achieved with any on-page SEO work. Therefore, it is very important for your copywriter agreement to avoid making any promises or guarantees about search ranking or other SEO benefits.
You also need to be clear with clients if you are not skilled in SEO. Many clients assume that all copywriters are SEO experts, but that may not be the case in your situation. Many copywriters are given the SEO keywords that the client wants them to include, and they simply use those keywords throughout the piece. You might also have a client who asks that the keywords be used a set number of times. For clients who expect keyword research or keyword inclusion, you should be clear as to your skills in that area. Otherwise, if expectations are not met, this has the potential to create legal and financial risks for you and your business.
Managing revisions
Revisions are another area of the copywriter agreement that must be very clear from the beginning. If there is no clarity or definition in this area, a client can easily keep asking for revision after revision. It is harder to say no when you have nothing in writing.
Many of the copywriter agreements we’ve put together for clients make clear statements about the number of revisions the copywriter will make, which is included in the initial fee. This is usually two or three rounds at a maximum. If the client needs more revisions than that, they will generally be asked to pay extra due to the time and effort involved.
For those of you who deal directly with your clients, you need to make sure you are clear on the level and scope of revisions you will undertake as part of the working relationship. Not being clear means reduced productivity and a higher level of work that would not have been necessary otherwise. Revisions can also be reduced by an agreement that is clear in relation to scope creep and SEO expectations, which also reduces the chances that a client will want you to make any big changes.
If you set your copywriter agreement up as offering two rounds of revisions, make sure you stick to that. Clients will often try to push boundaries, especially if they are only small changes. Clients must understand that, once they approve and pay for the work, they can make any changes they want to within the constraints outlined in the agreement. Those small issues can be easily taken care of by the client, or included in one of the agreed-upon rounds of revision, but should not be addressed any other way. Once you set the precedent, it can be hard to then refer to the agreement terms in future projects if you didn’t maintain them at another time.
Managing payment terms
How and when you are to be paid, needs to be detailed clearly in your copywriter agreement. You will need to be specific about when you are to be paid, whether that be in advance, in instalments or at particular milestones. Ideally, you do not want to wait to get paid until the end. That can so easily end badly and you’ve already invested time and effort for no reward at all.
If they are smaller projects, ideally up front is good, particularly for cash flow. However, if it’s a big project, space it out and make sure you are paid in full before the final versions are delivered. Ensure that it is clearly detailed in your agreement and communicate your expectations from the start.
Managing ownership of copy
Who owns the written work that needs to be detailed in your copywriter agreement? As you may well know, generally, writing belongs to you as a copywriter. In the Australian market though, transfer of ownership is often done upon final payment when you are contracted to write something for your client. However, you must be clear about whether you do this or not. Not just in your agreement, but in your conversations with your client.
You may well wish to increase your fee to account for the transfer of ownership and this must be included in the copywriter agreement. Ownership of copyright is important but is up to you to determine if you wish to maintain copyright, or transfer it upon payment.
The main reason that copyright is typically transferred upon payment is so the client cannot take your work and use it and then refuse to pay you.
If you allow clients to take and use work before payment, you are putting yourself at risk of not being paid for that work. Making sure your agreement with clients is clear, and in writing, is the way to reduce any of these kinds of problems. It is also evidence if you have to fight for payment of work that is ever used without permission. You should also consider providing drafts with your watermark and a note that it is not to be used until finalised and paid for.
Limiting your liability
Limiting liability is another good reason to make sure you have a strong copywriter agreement in place, particularly if the topic is controversial. You need to be clear on your lack of responsibility for the content itself, in order to reduce the risk of legal problems for something you said, such as a claim the client wanted to be included in the work.
Many copywriters will not write anything that they feel is morally or ethically wrong, or illegal, to reduce that risk. Even with avoidance of some topics or claims, though, it is still possible something will slip through the cracks. Making sure your copywriter agreement is written to eliminate your liability for issues resulting from your clients’ use of the end work, is vital. Limiting your liability through specific inclusions in your agreement can help you have a higher level of peace of mind, and reduce your risk of any future legal trouble.
Not all clients will understand why a copywriter agreement has liability provisions in it. They may feel that you are saying you do not trust them, or that you will not be responsible for the words you write. You can explain that liability protection is to cover you in the event something were to go wrong. And, it is important to let them know that the copywriter agreement you use is the same one you use with other clients. That is because ideally your agreement will be designed to cover all types of copywriting work you offer and is not tailored to each specific client.
The bottom line
You are in the business of being clear in your writing. But you need to make sure that extends to your client contracts too. There are many legal elements that can so easily be overlooked when you are focusing on your clients' needs rather than your own.
Your copywriter agreement must be clear, direct, and comprehensive to ensure it gives you the best protection. You may well be a good candidate for our Copywriter Agreement Template. A highly comprehensive offering that works for most copywriters. However, if you want to be sure, you can arrange a time to speak with one of our lawyers to see if it is the right fit for you, or if you might need a customised version.
There is no reason to settle for a higher level of risk and the difficult conversations that can come with these situations when it could so easily be avoided.
While not every copywriter uses an agreement, it only takes one issue to create significant legal and financial issues. A quality protective measure put in place now could very easily save you significant work, stress, time and money in the future.
Related articles: The art of getting paid: How to recover unpaid invoices
After drafting numerous copywriting agreements for clients, we have created a Copywriter Agreement template that you can find here. If you’re not sure if this template is right for you, or if you have specific questions relating to your copywriting business, you may wish to book a time to speak with us here.
