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Freelance Editing + non competition agreement
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If you sign a contract saying that you will not “actively pursue” clients for 6 months to 2 years, you should be compensated for this, and just doing the job is not sufficient compensation. If a producer want’s to keep you off the market for a period of time, they have to EMPLOY you for that period of time. You are not a well paid executive who can afford to pas up work, because you got a “buy out” from an employer who does not want your “unique” knowledge to go to a competitor, none of which apply to a freelance editor. The producer does not “own” the client, and they do not “own” you. They cannot demand you not work for anyone unless they are currently employing you. If they do they are being very selfish and you will be best served taking the job and passing on any “future’ work with the producer.
Malcolm
http://www.malcolmproductions.com -
Okay, I like what you’re saying. I was just trying to be “fair” to her. But I suppose I need to think about my ability to earn. Business is business.
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No, nobody charges extra for graphic work. Straight hourly or daily.
I don’t do that ala carte pricing in my shop to use certain software during edits.
Walter Biscardi, Jr.
Editor, Colorist, Director, Writer, Consultant, Author, Chef.
HD Post and Production
Biscardi Creative MediaRegister now for our Open House March 5
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Good to know… Thank you!
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First, I want to thank you all for taking the time to discuss such an important topic. For the first time in 10 years I am currently faced with a decision about non-compete, and your insights are invaluable. Thank you.
I am a freelance instructional designer. I got a call from a recruiter a few weeks ago asking if I was available for a subcontract from a media company. After several interviews, checking references, etc., the media company wants to hire me for a 6-month period. The odd thing is, however, that I will technically work as a contractor for the recruiter– the recruiter will bill the media company directly and give me my share (about 2/3 of the billing rate). Sounds to me like the client is paying a lot of money to the recruiter, but that’s not my business.
Then today, at the 11th hour, the recuriter mentions that he’s about to send me the contract and, by the way, it contains a non-compete clause where I can’t work for this client directly for 1 year. If the client wants to hire me for another job, they have to go through the recuriter again and pay the recruiter’s percentage.
This sounds to me like some of the situations discussed in this thread– the recruiter does not have my skill-set in house, is doing nothing hands-on to complete the project, and wants to continue milking this particular cow for as long as possible. Ethically, I don’t mind them getting a percentage for the current contract (assuming I sign it). They had the approppriate recruiting/search skills and did the work to find me and set me up with the client. Fair enough. But if the quality of my work results in the media company wanting to hire me again, why should the recruiter continue to get a cut of the action? I’m sure the recruiter would claim that “placing” people is their business and by “placing myself” with the media company I would be hurting their business.
I would apppreciate your thoughts on the ethics of this business model.
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On the face of it, one year doesn’t sound so bad – it’s the original period plus one renewal. But I’d attempt to negotiate down the percentage (from the start) in exchange for the one year. 1/3 seems high to me. And remember, Google indexes all of these threads.
Bob C
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Hey Pat,
I’m with Bob on this, a year is not a long time.
[Pat Chrysalis] “This sounds to me like some of the situations discussed in this thread– the recruiter does not have my skill-set in house, is doing nothing hands-on to complete the project, and wants to continue milking this particular cow for as long as possible.”
I know that there is number of freelancers around that thinks, that because they are able to do a task that their “provider” are not able to do, that this gives them the right to do a stampede on the end-client.Please do remember that the one thing that you were not able to do, was to land the client in the first instance. Think of yourself as part of a racing team: You might be the driver, but without the mechanic you won’t stay on the track and without the person selling the advertising, you won’t be able to raise finance to race in the first place.
Aah, I hear the clever clogs say, but we can do all of that ourselves. In which case Pat: You do not need the recruiter or their client… get my drift?However, instead of looking for loop-holes as to why you need the recruiter, you need to change the perception of him. By him hiring and paying you to do a job for a third party, he will no longer acts as just a recruiter. He is now your agent, or employer. Your contract needs to stipulate what it is?
In that scenario the “recruiter” should state whether you are able to take on work for your own clients during the contracted period? Who covers insurance and taxes + how about holiday pay? It suddenly becomes a very expensive and complicated exercise.
Normally an agent will take 10-12.5% fee and contract you not to seek work direct for up to 12 months after the last invoiced job, but you carry your own expenses.
Where as an employer… one might not want to do that if he has to sort out all of the small print…In regards to your fees. If you are paid your normal full fee and you don’t have to do the “small print” stuff, including negotiating with the end-client, what do you actually have to complain about?
Either you are not charging enough for an excellent product? Or your “sales-man” is a fantastic marketeer and sells based on value rather than what is the mark-up on the production/purchase-price from supplier.
If you get paid on time, what you’ve asked for, then you do not have the right to question or moan as long as you are not asked to about it lie to end client or anyone else. I.e. as an example the recruiter might claim to take less of the fee than what they actually are taking etc.
Hope this yet another point of view helps? 🙂
All the Best
Mads
London, UKPlease do visit our faceBook page here: https://www.facebook.com/MacMillionProductions
Mac Million Ltd. – Digital Media Production
Blog: https://macmillionltd.blogspot.com -
The End of the Story
Just to let you all know… I was offered the contract. One year, part-time, at a very nice hourly rate. But the contract did contain a draconian non-compete clause.
Wiping away a tear of regret, I told them to remove the non-compete clause or no deal. Through several conversations with several people going up the ladder, I was polite, professional, sympathetic to their concerns, but absolutely implacable. In the end, they removed the offending paragraphs.
We both signed the contract and we’re in business. Hooray! Score 1 for the creative freelancers of the world!
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Congrats! I am so happy it worked out for you.
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