Like you, I receive the emails every week. They spell out a golden “opportunity” which allows me to write for an emerging content site.
Inevitably, the arc of the communication is predictable; it always ends at a place where the site gets the content, and the writer gets screwed.
What’s remarkable is how many people tumble for this scam – where they work for free, so others can monetize their content.
Somebody’s Lost Their Marbles
This particular pitch came from a new sporting site called MarblePlay.com. Launching sometime this fall, the site’s feature list was impressive. The pitch aggressive. And the flattery apparent.
But there was no mention of compensation.
In today’s “content’s free, no matter what the cost to the creator” environment, that’s a bad sign.
I have little interest in building wealth for others, but yes, I wondered where this gig fell on the Ripoff Richter Scale.
The editor forwarded the “Contributor’s Agreement.”
I read it. And then gave it a 10.2. (In terms of its rapaciousness, it moved heaven and earth).
First, compensation ranged from zero to… nothing. So what does our lucky writer get? Why, the chance to self-promote himself.
What does the lucky MarblePlay.com network get in return?
Amazingly, this was a “work for hire” agreement – the magic phrase that means you transfer all rights to the work you contribute to the site.
Simply put, they’d own your words, and you’d own… nothing. (Helpful hint – always looks for the words “work for hire” in anything you sign, and recognize what they mean.)
Astonishingly, it gets worse.
You Won’t Compete… For Free?!
Because simply giving the work away wasn’t quite enough, MarblePlay ushered in the concepts of regular deadlines and (wait for it)… a non-compete clause.
Which means I couldn’t work (for free or otherwise) for any competing sites.
Over the course of my entire career, I’ve signed exactly three non-compete clauses – and all in return for a sizable payout.
For free? Limit your right to work elsewhere, and do it for free?! (Imagine writing a book’s worth of content for this site – and then realizing you can’t publish that book because you didn’t own the words.)
A dozen comparisons leap to mind (most include lubricants). In truth, this agreement is so abusive, I’m not even sure it’s legal – a court would have to find that the “opportunity” to self promote rose to the level of real consideration.
Regardless, MarblePlay isn’t the only network doing this.
And the target clearly isn’t professional writers as much as amateurs willing to be seduced by a few kind words (and the writer’s equivalent of a crust of bread).
Still, this kind of thing is on the rise, not the decline, which suggests somebody is falling for it.
It’s one thing to write for free because you want your words to be seen.
It’s quite another to give that work away – along with the right to publish where you want – all in the interest of fattening someone else’s bank account.
Moral of the story?
- Ask up front what’s in it for you.
- Don’t sign any “work for hire” agreements unless you’re being compensated (my copywriting clients typically gain full rights to my copy, but they pay for that right)
- If you sign a non-compete, you deserve to be compensated for your potential loss of income. Or just don’t sign.
- Don’t work for free, especially when someone else stands to benefit
Keep writing, Tom Chandler.
























Nearly all of my writing projects are work for hire, but that’s normal and expected in my field.
Several times contracts have had non-compete clauses. I successfully had them deleted.
Watch for clients that sneak in non-compete restrictions in midst of their NDA (non-disclosure) agreement.
The NDA is justifiable and I am fine with signing it – it’s particularly important for technology companies or start-ups that must protect their trade secrets, business strategies, etc. Basically you agree not to disclose any of their confidential info. (Often you can negotiate the right to use marketing samples as long as the work has already been released to public.)
BUT I’ve also seen many documents called “NDAs” that also had stealthy non-compete tenets too. READ EVERY WORD BEFORE SIGNING!
I admit I’ve lost a few potential clients over my attempt to waive the non-compete portion, but I don’t care. I can’t see restricting my right to do business for 1-2 years for a $200 or $300 one-time job. Salaried staff position or 10k gig – sure. But otherwise, I feel it’s very unreasonable to ask.
Just last week I had a conversation with a photographer who was approached about giving his photos away to a site for a credit. The premise was he’d get a ton of exposure. His response was, “Exposure to what? Other people who want my pictures for free?” The site publisher had no answer. If everyone’s giving it away, then all the exposure in the world is worth exactly nothing.
.-= Pete McDonald´s last blog ..Brown Beasties From Out West =-.
Thanks for this timely post. I’ve been lucky so far: while almost all my freelance work has been for hire, my clients also understand that they’re not my only customer. When contracts have a noncompete clause, I’ve been able to substitute mutually-acceptable NDA language.
.-= Paul Lagasse´s last blog ..field report: documents to go for iphone (updated for 1.1) =-.
Tom, I think you and I should co-host a new blog, “Pay the Damn Writer” or “It’s Not Yours Unless You Pay for It” or “Show Me the Damned Money” and invite writers of all stripes to share horror stories, scam stories, etc.
.-= Roberta Rosenberg´s last blog ..Friday Video Funnies: Are You F*cking Kidding Me? (Facebook Song) =-.
Thanks for the words of warning, but never underestimate the power of the marketplace to discourage this rapacioiusness in the long run. Writers selling (?) their work for hire for no tangible compensation will eventually need to stop doing it and sell it gainfully. We all learn that way.
.-= John White´s last blog ..Search Engine Optimized or Ideal Reader Optimized? =-.
I agree (and “unreasonable” is the polite way to put it).
The non-competes seem to have come into their own the last five years – I certainly understood why my tech clients wanted iron-clad non-disclosure agreements, but non-competes used to be fairly rare at the marketing level.
They limit your ability to make a living, and anything that does that has gotta be paid for.
I need another blog like I need an STD, but your idea sounds deliciously user-generated. AngryCopywriter.com?
Perhaps, though I’m worried about the folks losing the right to their work right now. Hopefully they won’t learn that lesson after they’ve written most of their book…
This will eventually blow over. Bottom-end PPC “writing portfolio” sites like Triond – notoriously low paid – are now accepting content that looks like English translated to Chinese to French and back to English. Rubbish will out as quality eventually regains recognition! Just a matter of hanging in there, and revisiting past clients to see if they need our services again …
.-= Russell Cavanagh´s last blog ..Work makes free =-.