Let us look at the non-compete obligation from another angle – that of balance. The limited obligation of non-competition. I understand that sometimes the customer wants you to give them your best things. And your work for that client and competitor could be seen as a conflict of interest (who do you give that fantastic line or slogan to?). If the company asks you not to work with competitors while working with them, this may be good. You guarantee them that you will give the best of yourself exclusively. You say that once you give them the best of yourself, you can give your best to the next customer. Instead of a non-competition clause, a non-disclosure agreement (or NDA) makes more sense in many independent drafting agreements. And that`s what I suggested to the colleague who contacted me. Non-competition: What you were wondering and maybe you didn`t want to ask.

I categorically refuse to sign non-compete obligations unless the wording is such that I cannot work ON EXACTLY the same thing at the same time. I`m talking about pedagogical writing. For regular writing projects, I would never sign one. PERIOD. This begs the question: what do you do when faced with a non-compete situation? You need to trust your freelancer a bit. Most freelancers agree to sign a non-disclosure agreement. If you`re an agency, we`re totally cool if we don`t follow your clients directly. Put that in an agreement and we will respect it. (At least, that`s what I`m going to do. I don`t debauch customers, and I don`t share what I`ve learned with a client`s competitors. It`s not cool.) If you sign a version of a non-compete clause, you will never be a full-time professional writer.

Writing will not be your career. Something else will do it, and you`ll write on the side for the rest of your life. Such unfair and indefinite non-compete obligations may prevent an author from seeking other writing options. If a new project deals even with the same „subject” as the book under contract, a door closes and the obligation of non-competition can be invoked to prevent an author from publishing elsewhere. For writers who specialize in a particular topic, this could derail their careers. Thus. You are removing the non-competition clause and you are clear, are you not? (Spit it here.) There is a concept in the law called an economic violation. A non-competition clause seems to be a perfect candidate for an economic breach. A publisher could take legal action and get nothing more than a shredded contract. I seriously doubt that the publisher could prove any damage.

Sales of the book have decreased? Upon discovery, ask for the sales documents of the publisher`s other authors to prove that sales have also dropped for them. that is, provide evidence that the decline in sales is a function of time and not of competition. Has the publisher published other works by other authors of the same genre? Then the publisher caused the loss by competition; that is, he has impure hands and his complaint is not heard. I also argue that the publisher is in a fiduciary position vis-à-vis the author and has breached its fiduciary duties by publishing and promoting competing works. As a lawyer, I think it would be fun to pursue a publisher`s non-compete clause. Could lead me to get a legal license from New York. As a writer, it would be a very difficult journey through hell, even if you reached heaven on the other side. „You can beat the rap, but can you stand the ride?” It is true that not all non-competitors are equally black and white. Often, companies are willing to pay extra for all your attention. But sometimes the lines are quite blurry, or the customer is quite controlling. Let`s look at some areas of non-competition and talk about what works/doesn`t work: If you ask for a non-competition clause as ridiculous as what the publisher requires of you, then it would read as follows: Freelance editors may be asked to sign a non-competition clause or a non-competition clause.

This agreement usually requires that you refrain from following the customers of your customers, customers, etc., because you consider your signature as an agreement about it. It may also require you to refrain from stealing your customers` proprietary ideas or products. In our conversation, she mentioned that the concert would require the author to agree to a one-year non-compete clause to protect his employer from competitors. .