The Business of Editing: Noncompetition Agreements

An American Editor

As I have discussed in the past, I rarely am asked to sign a contract. Yet lately it seems that an increasing number of packagers are asking for contracts. The terms are one-sided and onerous, and in some cases want me to agree to be bound by the law of a country to which I have never been and with which I have no legal or cultural connection.

But there is one particular clause that I find to be especially irritating, and unlike sand in an oyster, does not produce a pearl. I am referring to noncompetition clauses.

I am a freelance editor. By definition it means that I have more than one client. If I have only one client, the IRS is likely to look askance at my claim to being a freelancer and call me an employee, something neither I nor my clients want. Consequently, I sometimes wonder…

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