As part of FSP and NWU’s fight to make freelancing sustainable for workers across the media industry, we’re offering some baseline principles for how freelance media workers deserve to be treated. This outline of transparent and equitable working conditions is a floor, not a ceiling, and is intended as a resource for both publications and freelancers. A printer-friendly version is available here.
| All freelancers and contract workers deserve a living wage. This includes but is not limited to writers, photographers, videographers, podcasters, illustrators, editors, fact checkers, fixers, and researchers. Publications should set fair, competitive rates and publicize them, and freelancers should be free to negotiate above these rates without fear of retaliation. Publications should not solicit freelance work until they are prepared to pay a fair and competitive rate. |
| Publications should commit to promoting diversity and equity among freelancers. They should work to eliminate discrimination and reduce pay discrepancies, actively seek out freelancers from disadvantaged and underrepresented groups, and compensate all freelancers well. |
| Publications should commit to providing a work experience for freelancers that is free of harassment and discrimination. |
| Publications should pay on a graduated schedule. This may vary based on the type of labor contracted (see examples here). |
| Publications should act in full compliance with the Freelance Isn’t Free law. |
| Publications should pay up-front costs and estimated expenses for freelancers in advance. Clear procedures for the reimbursement of all expenses incurred during the work process should be established. |
| Freelancers’ work is their sole property; all contracts should allow them to retain their copyright. Work-for-hire contracts are exploitative and should not be used. |
| Publications that work with freelancers on an ongoing basis should provide the option of receiving W-2 contracts for a mutually agreed-upon duration of time. |
| All guidelines for how to pitch and/or submit work to the publication should be publicly accessible on the employer’s website. This includes contact information for editors, instructions on which editors to pitch on which subjects, expected turnaround time for responding to pitches, and best practices for freelancers. |
| Publications should make a good-faith effort to notify freelancers about whether or not their pitch has been accepted within a reasonable period of time. Once work has been commissioned, editors should keep freelancers informed about the timeline for revisions and the publication of their work. |
| Publications should commit to not repurposing ideas from freelancers. If a freelancer pitches an idea, the publication should not assign a story based on that idea to a full-time member of the editorial staff without both obtaining the express permission of the freelancer in question and paying the freelancer a fee. |
| Any pre-reporting or work “on spec” should be considered labor and compensated accordingly. |
| Publications should agree to provide the freelancer a final version of their work to review before publication. The freelancer should have the right to make changes, within reason, before the work is published. If the freelancer and publication cannot in good faith reach an agreement on these changes, the freelancer has the right to remove their name from the published work while still remaining entitled to their originally agreed-upon payment. |
| Freelance contracts should include strong indemnification language, protecting freelancers from potential third-party claims arising from their work. |
| Publications should set strong safety protections for freelancers, including those working internationally. These protections should be clearly publicized. Publications should assess and review safety protocols with freelancers before any high-risk or sensitive reporting commences and provide them with any necessary gear and materials. |
| Publications should agree that, in the event a grievance cannot be resolved informally with a freelancer, they will comply with the National Writers Union’s grievance procedure. |