Kill Fees, Rights and Contracts: Questions to Ask Before You Sign

Many freelance disputes begin with an assumption that was never written down. This guide lists common contract terms in journalism and turns each into a question you can ask. It is general information and not legal advice. Laws and practices differ by country, so consider asking a union, a professional association or a lawyer to review any agreement you are unsure about.

Kill fees

A kill fee is a payment made if a commissioned piece is not published, often a percentage of the agreed fee. Not every outlet offers one. Questions to ask: is there a kill fee, how much is it, under what conditions is it paid and does the outlet retain any rights in the piece if it pays?

Rights

Rights describe who can use the work and how. Terms you may encounter include first rights, where the outlet publishes first and you can then resell, exclusive rights for a period of time, and all rights, where the outlet owns everything. A work-for-hire clause usually means the outlet is treated as the author. Each has different consequences for your ability to reuse your work.

• Which rights are you giving, in which territories and for how long?
• Can you republish the piece on your own site or in a collection, and after what delay?
• Can the outlet resell or license your work to others, and do you share in that income?
• Do you keep the right to use the work in your portfolio?
• Does the outlet need your permission to adapt the piece for audio or video?

Always ask what happens to the piece after it is published. That is where most surprises come from. — a union adviser for freelance journalists

Payment terms

Payment can be on acceptance, on publication or after a set number of days from invoice. These differ greatly in practice. Ask when you will be paid, how, in what currency and who handles tax paperwork. Confirm whether expenses are covered and whether approval is needed before you spend.

Indemnity and liability

Some contracts ask the freelancer to promise that the work is accurate and does not infringe anyone's rights, and to cover the outlet's costs if it does. Ask how liability is limited and whether the outlet carries legal insurance that covers you. If the clause is unclear or broad, ask for it to be explained or narrowed.

Changes and cancellation

1. What happens if the outlet changes the scope or the deadline?
2. What if you need more time because of events outside your control?
3. Who decides when a draft is accepted, and how many rounds of edits are included?
4. What if the story is cancelled after you have done significant work?
5. Who owns your notes, recordings and unused material?

Credit and corrections

Check how the outlet will credit you and how corrections are handled. If a mistake is made in editing, will you be consulted? If your name is on the piece, you may have a reputation to protect.

Get it in writing

A short email that confirms the main points can be enough for small commissions. For larger projects, ask for a contract. Keep copies of everything. If the outlet asks you to start before the paperwork is complete, note the agreed terms in an email and send it.

A simple pre-signing routine

Before you sign anything, read the document through once without worrying about details, then again with a pen. Mark every term you do not fully understand and write a question beside it. Send those questions in a single polite email, and keep the reply. If a clause worries you, propose a specific change, such as a time limit on rights or a clearer payment date, rather than rejecting the whole agreement. Many editors have standard contracts and limited room to change them, but small, reasonable edits are often accepted, and asking costs nothing.

What this guide cannot tell you

We cannot say what is normal in your country, nor interpret a specific contract. Laws on employment status, tax and copyright vary, and some freelancers may be considered employees in some places. For anything important, speak to a qualified adviser or a union that represents journalists.

The bottom line

Contracts are conversations written down. Treat each clause as a question, ask it politely and keep the answers in writing. You will not always get everything you ask for, but you will know what you are agreeing to, and that is the point.