Freelancer Copywriter Agreement (Assignment of Work)
This Freelancer Copywriter’s Agreement (Assignment of Work) has been
designed for use by an individual freelance copywriter contracting
personally to provide his services to a business client.
The Data Protection clause in the document reflects data protection law
requirements. It refers to a Privacy Notice available on request or
attached as a Schedule. You might wish to use the standard Privacy Notice
for this purpose: you can find it by clicking
Consultancy (Company) Copywriter Agreement (Assignment of Work)
template is to be used instead by the copywriter when he contracts through
his personal service (or other intermediary) company rather than directly.
(The information page with that template includes guidance about tax,
employment status, IR35 and agency workers, where an intermediary company
This agreement aims to reduce the risk that the freelancer might be deemed
to be a de-facto employee of his/her client rather than a sole trader who
is a self-employed contractor. However, whether he is treated by HMRC, a
tribunal, or any other body, as self-employed will depend not only on what
is contained in his contract but also on all other circumstances: those
circumstances will include the way in which the contract is implemented and
the conduct of the client, the freelancer and anyone the freelancer engages
to do any of the work for the freelancer, and all related arrangements
HMRC provides some guidance on its website about self-employment. Its
decisions as to whether someone is a self-employed sole trader are often
based on a “balancing exercise” in which it gives weightings to various
factors. However, neither the HMRC guidance nor case law are sufficiently
precise to enable anyone to predict how in any particular case the
“balancing exercise” would be carried out or what HMRC’s conclusion would
be about that particular case. For that reason we recommend that you take
professional employment law, tax, and NIC advice in relation to your
particular circumstances before you decide to use or adapt this template.
Nevertheless, a carefully worded contract ensuring the independence of the
freelancer is a key starting point. As a self-employed freelancer (rather
than as an employee of the client), the copywriter is, for example, free to
engage a suitably qualified person to do some or all of the work in his
place, is free to determine when, where and how work is completed (subject
of course to the client’s requirements), is free to take on other clients,
and most importantly may be subject to penalties if the work is not
completed on time.
Payment under this agreement may take the form of a flat fee or an hourly
Moreover, the fee also serves as consideration for the assignment to the
client of the copyright (and any other IP rights) in the work produced by
the copywriter. This means that the client will own exclusively all IP
rights in the work produced by the copywriter, and so the client will be
free to use and exploit it as it wishes. The copywriter will consequently
not have any right to make any use of it at all for his or any third party
purposes, and he may wish to take that fact into account when negotiating
the amount of fees to be paid to him.
of this document provides for all IP rights to be exclusively owned by the
copywriter so that he is free to use the work as he wishes, but with the
client nevertheless having a licence to use the work for a specific stated
purpose (but not any other purpose). That version allows you to select
suitable wording for the client to have those licenced rights either
indefinitely or for a fixed period stated in the document.
Each party provides warranties and indemnities to the other with regard to
non-infringement of third party intellectual property rights.
Optional phrases / clauses are enclosed in square brackets. These should be
read carefully and selected so as to be compatible with one another. Unused
options should be removed from the document.
This Freelancer Copywriter Agreement (Assignment of Work) contains the
1. Definitions and Interpretation
2. Engagement of the Copywriter
3. Nature of Engagement
4. Self-Employment Status of the Copywriter
6. The Work and Intellectual Property
7. Warranties and Indemnity
11. Data Protection (Personal Information)
12. Force Majeure
13. Nature of the Agreement
16. Alternative Dispute Resolution
17. Law and Jurisdiction
and the following schedules:
Schedule 1. The Work Name of any Consultant engaged by Copywriter
Schedule 2. Privacy Notice
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