Heading back to the website of a very well respected lawyer who focuses on creative professionals I found numerous articles relevant to this week’s lessons in the Media Law course I assist. Mr. Hoffman has penned countless articles that every person making their living as a creative needs to read. The article I chose for review is entitled The Need for a Written Web Design Contract.

Mr. Hoffman discusses the importance of designers having legally binding contracts is crucial in maintaining a professional business. As Mr. Hoffman so accurately states “written contracts are not add-ons to your business; written contracts are your business.” (Hoffman, 1997) Never has a more true statement been written.

I, like Mr. Hoffman have heard numerous designers say something along the lines of “it’s just a small project, I don’t need a contract… after all, it’s for my Uncle Bob’s lawn care business!” Also, like Mr. Hoffman, I tend to tell these same people that they need to work as if *every* project is for a huge multimillion dollar corporation. No one ever knows when their little small project can turn into one lucrative business. Also, what if ole Uncle Bob has more money than you thought and he thinks you’ve cheated him? Uncle Bob may end up estranged from the family but that won’t stop him from suing you and more than likely winning!

Both Mr. Hoffman and myself also hear statements such as “I can’t afford to get a good contract written?” Well, okay… but if you cannot afford a decent contract, can you afford going to court when an issue arises because you don’t have a contract?

There are more benefits for having a contract than can be explained. If you are in a business where you provide a service for a price… you need a contract. It’s that simple.

If you don’t know how to write a contract or can’t afford to pay an attorney, buy the Graphic Artists Guild Handbook: Pricing & Ethical Guidelines. This book has sample contracts that are a good starting off point. Also be sure to subscribe to the FreelanceSwitch.com RSS feed. My own blog, as you’ve probably noticed, has a lot of IP related articles that may benefit many of you so please feel free to subscribe to my RSS feed.

Citation
Hoffman, Ivan (1997). The Need for a Written Web Design Contract. Retrieved from the Website if Ivan Hoffman, B.A., J.D. on November 11, 2008 at
http://www.ivanhoffman.com/written.html