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Information, not legal advice. This guide explains common contract terms and standard NUJ guidance. For complex or high-value contracts, consult a solicitor or the NUJ legal service. Read our full disclaimer.
What should be in a freelance journalism contract
A freelance journalism contract (or commission letter) is the written record of what has been agreed between you and a publication before work begins. It does not need to be a multi-page legal document — a clear email exchange covering the key terms is enforceable in English law. But the key terms must be agreed and recorded, not assumed.
The minimum that should be in writing for any commission: the scope of work (what you are writing and for which section), the agreed fee, the payment terms (when and how), what rights are being licensed (and only those rights, not copyright assignment), the kill fee provision, and the delivery deadline. Every other clause in a publisher’s standard contract is negotiable — these core terms are the ones that will matter when something goes wrong.
Essential clauses explained
Rights granted
Specify exactly what rights you are licensing: medium (print, digital, audio, video), territory (UK only, worldwide), duration (first publication, six months, in perpetuity). License the minimum the publication actually needs. "First UK serial rights" is the standard starting point for print journalism.
Kill fee
The fee paid if the publication cancels a commission after briefing. NUJ guidance: 50% of agreed fee if killed before delivery; 100% if delivered and accepted. State this explicitly — never rely on informal understanding.
Payment terms
When the invoice will be paid (30 days from invoice date is the NUJ standard; many publishers try to push to 60 days). Whether payment is on acceptance or on publication (insist on acceptance). The invoice submission process.
Copyright and moral rights
Copyright remains with you under the CDPA 1988 unless you sign it away in writing. Assert your moral rights (right to be identified as author). Never sign a clause that says "copyright is assigned to the publisher."
Indemnity
If you must sign an indemnity, cap it at the fee paid or the value of your professional indemnity insurance. An unlimited indemnity is an unlimited personal liability. The NUJ advises not to sign unlimited indemnity clauses.
Expenses
State how and when reasonable expenses (travel, accommodation, research costs) will be reimbursed. Require written approval for expenses above a specified threshold.
When contracts matter most
- 1A commission is cancelled after you have done substantial research or completed the piece — a kill fee clause is your protection.
- 2The publication uses your work in a way you did not authorise — a specific rights clause prevents this.
- 3A defamation claim is brought and the publisher tries to push costs onto you — an indemnity cap limits your exposure.
- 4The publication folds or changes ownership — clear payment terms and copyright ownership protect your position.
- 5You want to resell or syndicate a piece — a first-rights-only clause ensures the rights revert to you after first publication.
- 6A payment dispute arises — a written agreement with stated payment terms is the foundation of any legal claim.
Contract red flags — do not sign without negotiating these
- "All rights assigned to the publisher" — this strips you of copyright; negotiate to a specific licence instead.
- "All media, all territories, in perpetuity" at a standard word rate — all-rights commissions should be priced at a significant premium.
- "Unlimited indemnity" — cap it at the fee value or your insurance cover limit.
- "Payment on publication" — publication may never come; insist on payment within 30 days of acceptance.
- "We may edit, adapt, or alter your work without restriction" — this removes your moral right of integrity; seek a limit on material alterations.
- No kill fee clause — if a commission is cancelled you have no contractual right to any payment; negotiate 50% minimum.
- "You warrant that your work does not infringe any third party rights" without any knowledge or belief qualifier — this is an absolute warranty; seek a "to the best of your knowledge and belief" qualifier.
Contract review checklist
- The scope of work is clearly defined (subject, angle, publication section, format, word count).
- The agreed fee is specified in writing.
- Payment terms state when invoice will be paid (30 days from acceptance) and how.
- Rights clause specifies medium, territory, and duration — and does not assign copyright.
- Kill fee provision is included: at minimum 50% before delivery, 100% on delivery.
- Indemnity is capped at a specified value (fee paid or insurance cover).
- Expenses reimbursement process is described.
- Copyright ownership and moral rights assertion are confirmed.
- I have kept a copy of the signed contract or commission email.
- If there is no formal contract, I have sent a confirmation email and received written agreement from the editor.
When there is no formal contract: the confirmation email
Many commissions are agreed verbally or via brief email exchanges. If a publisher does not issue a formal contract, send your own confirmation email immediately after agreeing the commission. State the scope, fee, rights, payment terms, kill fee, and delivery date, and ask the editor to reply confirming agreement. Their reply confirms the contract.
Example opening: “To confirm our conversation today: I am commissioned to write [X] for [Section], approximately [Y] words, at an agreed fee of £[Z]. Rights licensed are first UK serial rights only. Payment due within 30 days of acceptance. Kill fee of 50% applies if the commission is cancelled. Please confirm by reply.”
Kill fee and late payment tools
If a contract is breached — commission killed without fee, invoice unpaid — use our tools to calculate what you are owed and generate a claim letter.
Common contract mistakes
- Signing whatever the publisher sends without reading the rights clause — some publishers routinely include "all rights" in boilerplate contracts.
- Not keeping a copy of signed contracts — if a dispute arises three years later you need the document.
- Assuming the contract is non-negotiable — most publishers will negotiate individual clauses if you push professionally.
- Not sending a confirmation email when there is no formal contract — verbal commissions are enforceable but hard to evidence.
- Agreeing a kill fee percentage verbally without getting it in writing — this is exactly the clause that matters when the commission is cancelled.
- Forgetting to assert moral rights — the right to be identified as author is automatic but must be asserted.
Related guides
Related guides
Primary sources
- NUJ — model freelance contracts (members)— National Union of Journalists
- Copyright, Designs and Patents Act 1988 — s.11 first ownership— legislation.gov.uk
- Late Payment of Commercial Debts (Interest) Act 1998— legislation.gov.uk
- ACAS — employment contracts and written terms— ACAS
- NUJ Code of Conduct — professional standards— National Union of Journalists
- IPSO — commissioning standards and editorial independence— IPSO