Archives for March 2011

The Good and the Bad of Mediation or Arbitration

March 21, 2011 by Jonathan Bailey 2 Comments

We’ve talked a great deal in the past about the importance of contracts and being contract smart when doing freelance writing. However, even with a perfect contract and best of intentions on both sides, disagreements can arise.

Dealing with those disagreements, unfortunately, can be very tricky. Jurisdictional issues can make it almost impossible to bring legal action against each other and, even if those issues aren’t present, the cost of litigation can be prohibitive, especially over smaller contracts.

Because of this, one of the more common clauses clients put in their contracts is a mandatory mediation or arbitration clause as a way to more quickly and cheaply handle disputes.

But are these clauses a good deal for writers? The answer isn’t very simple and a lot of it depends on the situation. However, to understand how these clauses might fit into your life, you first have to see know what they are and understand the positives and negatives that come with them. [Read more…]

Going Green in Your Writing Office

March 17, 2011 by david 7 Comments

Bring up the topic of green living and people think recycling and light bulbs. These are, of course, important parts of caring for the environment, but they are not the only things each of us can do to save, reduce and reuse resources.

The office presents several opportunities to lessen our personal impact on the world around us.

Paper Control

Cut back on paper use. Writer’s use a lot of paper, including to hand -edit pieces. That’s why it’s important to keep a bin next to the printer to deposit used paper. The paper is can be reused for back-side printing, notes, lists and coloring for the kids.
Invest in recycled paper. Prices are now more reasonable than ever. Keep an eye out for sales at your favorite office supply store and stock up when possible.
Digitize bills, bank statements, invoices, etc. Much of our waste and clutter problems stem from incoming mail that can easily switch to electronic files. Often companies will give consumers a discount for the switch from paper to electronic billing.
Ban pesky receipts. There are several programs that allow you to digitize your receipts – my fave is Shoeboxed.com – eliminating the need to keep bunches of paper. Make sure any app or service you choose uses IRS approved methods.

Product Control

Put your money in green – products and services. There is a huge variety of recycled goods on the market for offices including file folders, organizers, calendars, etc. A little bit of research will go a long way to find products that fit in tight budgets.

Product control also means controlling the amount of energy electronic products consume. A quick way to keep energy usage low – plug all of your electronic devices into a power strip. At night, hit the switch and cut phantom energy use!

Waste Control

Reuse ink cartridges. Instead of tossing a spent cartridge have it refilled. When a cartridge can no longer be refilled, dispose of it properly. Use local cartridge recycling centers and many ‘big box’ stores provide the service, free of charge.
Donate old goods and electronics. Much of the waste in our landfills is electronic waste and things that could be recycled. Both office furniture and electronic goods can be passed onto shelters and thrift stores. Electronics not in good condition can be dropped off at any electronic recycling operation. These centers repair, repurpose and properly dispose of the hazardous parts of our gadgets.
Cut the flushes. If you work from home this item is easier to implement. Save water and resources by following the old adage “If it’s yellow, let it mellow; if it’s brown, flush it down.” It’ll also save loads on your water bill!

It doesn’t take a lot of effort or money to change your office into a green one. It’s almost as easy as putting on a “Kiss Me I’m Irish” pin.

What tips do you have for greening up an office?

When to Follow Up with a Prospective Client

March 16, 2011 by david 2 Comments

Dear Jodee,

What is an appropriate time to wait before following up with a potential client? I’ve made a pitch and had a good initial discussion with the client but haven’t heard anything further. I don’t want to appear too pushy, but I also don’t want to let this opportunity get away from me.

Martin

Dear Martin,

I can appreciate that if you have had a positive response from a prospective client you want to get the project firmed up right away. Even if a client is receptive to your pitch, it doesn’t necessarily mean that he or she will be ready to get the project underway immediately. In a case where there are several people who must be consulted to approve the project, it will take longer than if the decisions are being made by one person.

You will want to follow up so that you stay on the client’s radar, but you don’t want to be in touch so often that you appear desperate for work. If you haven’t heard back after the initial positive response in a week or two, send a polite follow-up e-mail or pick up the phone to reach out to the client to find out what the status of the project is.

Tell Readers What You Want Them to Do

March 15, 2011 by david 6 Comments

In the world of blogging and internet marketing, a ‘call to action’ is a message that encourages prospects to perform a specific task. This can involve purchasing a product, making a donation, subscribing to a newsletter or feed, joining your community on social media sites like Facebook or Twitter, things of that nature.

The specific action is defined by the marketer and is based on personal goals.

When you think about it, call-to-actions are really a very natural result of the majority of human interactions we experience almost daily.

How many times have you called a friend up, exchanged pleasantries and idle banter for a bit, then before hanging up, you ask them to get together sometime for lunch, a beer, whatever. The friend usually responds affirming the appreciation and acceptance of the invitation, a date and time agreed upon – a call-to-action offered and fulfilled.

This is just one example of how we tell others how we would like them to continue the interactions that’s going on between us.

If we use this technique in conjunction with our content, the call to action shifts from being a subtle request to more of a considerate obligation that requires your prospects immediate commitment.

Sometimes I feel that way when I’ve read something from local charities – I subscribe to several because you just never know when you might be able to help out in some small way. However, I’m am a big animal rights advocate and that’s where the bulk of my charitable contributions are directed most times. When I see an animal at our local animal protection league that needs serious help and funds to get that help, I feel a strong sense of obligation to assist somehow. I hear their call to action and I respond.

Unfortunately, this same technique works for those get-rich-quick scams that continually prey on our basic desire for happiness, which we all know is often tied to financial wealth. If the message is commanding enough, people will generally do whatever that “call-to-action” is commanding they do. Even if it’s a bad thing!

Another habit we possess instinctively is to share information. We often share information about our experiences with products, services or places – good or bad – we do like to share! Sometimes we share details even if no one asks for it.

Utilizing this instinct, and coupling it with a “call-to-action” seems like a pretty good plan, don’t you think?

If you want someone to spread the word about your content or service, ask them. Many times, they will share the information even if you don’t offer some kind of incentive.

Good idea – Then comes the monkey wrench…

Modesty, pride and fear are the main obstacles that get in our way. Right?

Let me guess – The little voice inside your head tells you that you’ll come off as conceited? You’re too proud to beg? Fear of rejection is a real issue?

So what else can you do?

You write!

You publish free content. You give away free tools without asking for anything in return. You do this consistently. You nurture your reputation. You build a following.

That’s what you do!

Once you’ve given your readers enough of yourself by sharing your knowledge, you won’t feel guilty in asking for a little help.

Repeat after me – There’s Nothing Wrong With Asking for Help

I’ve seen bloggers use a variety of “call-to-action” models. Some focus on increasing their social reach and some focus on revenue generation or donations. For the most part, people are more then willing to give away compliments or subscribe with an email address while fewer are willing to part with money.

Your “call to action” requests should be set up in a way that says ‘do this now.’ Don’t let your prospect’s interest or satisfaction diminish or allow them to become distracted by other things drawing their attention away.

If you are giving away free content, you *should* ask yourself WHY you are doing that – Then learn to embed your call to actions in some of those masterful pieces.

Don’t let modesty, pride or fear stand in the way of asking your readers to help in some way and don’t underestimate the power of reciprocity.

These are behaviors exhibited within the influential social norm that can be used to your advantage, especially when it comes to blogging and marketing online.

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Non-Errors in the English Language (Part 2)

March 15, 2011 by Noemi 2 Comments

If your high school English teach was anything like my teacher, she/he probably always emphasized the “rule” about NOT using conjunctions to begin your sentence. “You must never begin a sentence with a conjunction” is the mantra of many an English teacher. Just because “everyone” says it is a rule does not necessarily mean it is true, though. In fact, many a grammar “expert” will tell you that this arbitrary rule does not hold much sway.

I can go on and on and repeat that I believe that using conjunctions such as “but” and “and” to begin a sentence is correct, but I know that you will want some concrete proof supporting this belief. Let me turn to Jack Lynch ((Jack Lynch’s Guide to Grammar and Style)) once again:

Contrary to what your high school English teacher told you, there’s no reason not to begin a sentence with but or and; in fact, these words often make a sentence more forceful and graceful. They are almost always better than beginning with however or additionally. Beginning with but or and does make your writing less formal; — but worse things could happen to most writing than becoming less formal.

He touches on two important things above. One, it is perfectly okay to use but or end to begin your sentence. Two, you have to be aware that doing so will make your writing less formal. I go back to a point that I have raised many times – when writing, you have to bear your audience in mind. If you are writing for a personal blog or a magazine article, less formal is perfectly suitable, isn’t it? On the other hand, if you’re working on a business plan, for example, you might want to take on a more formal tone. If you ask me, that should end the discussion on whether or not to use but or and to begin a sentence.

There is one more thing you need to know about using but or and to begin your sentence:

Note, though, that if you open with but or and, you usually don’t need a comma: not “But, we did it anyway”; it’s enough to say “But we did it anyway.” The only time you need a comma after a sentence-opening conjunction is when you want to sneak a clause right between the conjunction and the rest of the sentence: “But, as you know, we did it anyway.”

I am now biting my lip as I write because I tend to add that comma! You see, this is another reason I love writing for the Grammar Guide: every now and then, I have to unlearn some things that have become habits over the years. If you find yourself starting your sentence with and or but, don’t cringe. Remember NOT to use a comma after the conjunction, though.

If you want to read more about this topics, here are some sites that I found to be useful.
Commnet
GrammourPuss
Daily Writing Tips

You might also want to take a look at the other post I wrote about split infinitives and ending a sentence with a preposition.

Photo via Phillip Martin

Would You Complete a Personality Test for a Freelance Writing Job?

March 14, 2011 by david 14 Comments

When a person is working for a brick and mortar job, it’s not uncommon for the employer to request that the candidate undergo some type of testing. People who are interested in working in law enforcement or as firefighters are required to complete physical and personality tests as part of the screening process. Applicants for administrative positions could expect to be asked to do a typing test at some point in their job search.

Freelancers are in a different category, since they are not applying for a job. I’ve been asked to do a personality test as part of a screening process twice and while I have complied both times, it did feel a bit uncomfortable to do so.

Why did I hesitate about sharing the results of the test? It seemed a bit intrusive at the time. I was of the mindset that I should be able to answer the client’s questions about my experience, provide samples and a resume and that should be enough information for the person to make a decision about whether to hire me. What difference would it make if the client found out what kind of person I am?

I now realize that it matters a great deal. The work that freelance writers do isn’t just about stringing words together. It has everything to do with establishing relationships with clients. For the relationship to succeed, the freelancer and the client need to be able to work together well. If their personality styles don’t mesh, then the professional relationship will flounder.

Part of the reason that I agreed to do the personality test was that I was curious about what it would reveal. The Myers-Briggs test that I took was very accurate, right down to my consistently messy desk.

I suppose it’s not possible to fail a personality test. There are some people who I probably wouldn’t be able to work well with, and it’s probably just as well to establish whether this is the case before the project begins. Whether you call it a personality conflict or creative differences, having to abandon a project after starting the work isn’t a good situation for either party.

Have you ever been asked to do a personality test for a freelance writing job? How did you feel about it?

Why You Need to be Careful with Your Domains

March 11, 2011 by Jonathan Bailey 3 Comments

If you’re just getting started in freelance writing, you may be staring down one of the most important decisions you’ll make in your career, namely what your business name should be and, thus, what your domain name should be.

Picking a good domain isn’t easy and anyone who has done it recently can tell you what a brain-racking experience it can be. One has to come up with a domain that’s not taken, is short, easy to spell, catchy, explains the desired company and has good SEO.

However, to that myriad of very real concerns, another one must be added: Trademark.

In short, in addition to trying to find a domain in a very crowded field, you have to ensure that your domain doesn’t infringe on someone’s business name or mark, something else that is no easy matter. This is what makes it imperative to search your domains thoroughly before buying and, when you do find one that’s good, you need to take additional steps to protect it.

Domains are a minefield and, if you aren’t prepared for it, you can find yourself either in a world of legal trouble or, perhaps just as bad, having your rights infringed upon by others.

A Primer on Trademark

In order to understand the legal issues with domain names, one first has to understand at least a little bit about trademark.

Like copyright, trademark is an intellectual property, meaning that it is a limited monopoly over an intellectual creation. However, unlike copyright, trademark protects names, slogans, logos and other elements used to identify a business that don’t qualify for copyright because they are too short or lack the requisite level of creativity.

But where trademark can be more broad in terms of what it covers, protecting things copyright can not, it is much more limited in the protections it provides. Trademark is designed solely to prevent confusion in the marketplace. One doesn’t violate a trademark by simply copying the trademarked term, phrase, etc., but rather, by using it in a manner that causes confusion.

For example, simply mentioning Walmart, one of the most famous trademarked names, doesn’t violate the company’s mark. However, if you claimed to be operating an official blog or selling products with their name without permission, it would be as you are indicating a relationship with the company that doesn’t exist.

Likewise, if you created a new business called WallMart that was very similar in nature, it would likely be deemed an infringement as it is too similar and confusing.

Bear in mind though that this protection is very limited, specifically, it is confined to the marketplace for the trademark holder. Delta is both an airline and a faucet company, but those two have no trademark issue as they are in very different markets. Likewise, Apple Music and Apple Computers had only a minor issue, that is, until Apple Computers entered the music market.

The reason all of this impacts domains so greatly is because domains are, almost by their very nature, protected by trademark. They are short phrases used to identify a business (in more way than one) and don’t qualify for copyright protection (at least the vast majority of the time).

This means that, not only can your domain infringe on another’s mark, but you can have your domain infringed as well. As a freelance writer, and thus business owner, this is something you have to watch out for very carefully when getting started.

How Not to Infringe

Not infringing trademark with your domain is actually fairly simple, all you need to do is, when registering a domain, ask yourself three simple questions:

Is There Another Business Name Similar to Mine? Try to find other businesses with a name simiar to yours, if you can’t find any, you can stop here.
Are Our Businesses in the Same or Similar Market? Remember that a market is not just the business you are in, but also can be separated by geography if you only serve a specific region. Usually though, it’s better to err on the side of caution.
If So, Could My Name Be Confusing? Finally, if there is a business with a similar name and a similar market, would others, either consumers or the other company, believe that your name is confusing or a deliberate attempt to exploit their reputation?

On matters of trademark, its usually better to be safe than sorry. Even if there is no actual infringement, having a name too close to a potential competitor just creates confusion and makes life much more difficult for both of you. It’s best to be as original as you can be, regardless of what the law actually says.

In short, it may be best to not bother with debating the law, just try to find a name that is uniquely you and has no possibility of being considered a trademark infringement.

How to Protect Your Domain

The flip side of the coin, however, is much more difficult. Many don’t see the benefit of being an original, especially when they aren’t trying to open a full business and, instead, are just trying to siphon off your traffic and reputation, such as with spammers and domain squatters.

Fortunately, there are steps that you can take to protect yourself. However, your best protection is the steps you take before you set up your site, namely purchasing all domains that are related to yours including any additional extensions, common misspellings and so forth. Though it might be expensive, most domain registrars offer package deals to keep costs down and spending a few hundred dollars can save you a lot of money down the road.

That’s because if someone does open up a domain similar to yours, the process for getting it revoked is the Uniform Domain-Name Dispute-Resolution Policy (UDRP), which can cost well over $1,000 even in simple cases and that’s before you tack on any legal or other fees you accrue over the process.

The UDRP is basically an arbitration system provided by the Internet Corporation For Assigned Names and Numbers (ICANN) to handle trademark and other disputes over domain names. The process, in cases of clear trademark infringement, usually results in the revocation of the infringing domain, but is expensive, time-consuming and difficult.

In short, you are much better off getting the domains to start with rather than having to clean up infringements later.

Bottom Line

If there’s interest in the future, we’ll revisit these topics in more detail later, including how to monitor your domain for potential infringement and how to perform trademark searches to ensure you don’t accidentally infringe another person’s mark.

However, it is more important that we have a basic understanding of how trademark works and how it affects domains, which is what I hope this provides.

In the end though, the onus is on you, as the buyer of the domain, to both protect your investment and ensure that your registration doesn’t infringe. If you can be savvy about those two things, you’ll likely be fine when dealing with domains and, fortunately, neither is particularly difficult.

Still, one does have to be aware of the potential issues and, hopefully, now you are.

Your Questions

Have a question about the law and freelance writing? Either leave a comment below or contact me directly if you wish to keep the information private (However, please mention that it is a suggestion for Freelance Writing Jobs). This column will be determined largely by your suggestions and questions so let me know what you want to know about.

Disclosure

I am not an attorney and nothing in this article should be taken as legal advice.

7 Blogs You Should Be Reading ‘Write’ Now

March 10, 2011 by david 15 Comments

I firmly believe reading great writing is key to becoming a great writer. It doesn’t matter the subject, what matters is how the writer connects with their readers and how well they deliver the information they are charged with conveying.

Check out these great blogs *listed in no particular order.*

1. The Oatmeal

Before you cry ‘Foul!’ Yes, The Oatmeal is not a traditional, 500-word-per-post blog. It is, however, incredibly clever with the small amount of words each post uses. Each blog hits its target and it doesn’t dwell on ledes to do it.

2. TechCrunch

Chock full of information, TechCrunch is a tech lover’s New York Times. It combines straight forward writing with a strong understanding of its audience. The only way those folks are going to talk about their cat is if the cat wrote a review about an app.

3. Social Media Examiner

Want to know how to maximize your LinkedIn contacts? Stuck on hashtags? Social Media Examiner wades into the ever changing world of social media and successfully caters to both the novice and experienced social media user. The writing is clean and focused. Bullet points, headers and lists are always used to break down information quickly and clearly.

4. The Urban Muse

A writing site with great writing. The Urban Muse tackles everything from networking to time management and gets readers engaged with its ‘Open Thread’ posts. Funny, real and useful – what else do you need?

5. Inkygirl

Here is another writer’s website with great writing, fantastic information and hilarious comics. Inkygirl‘s Debbie Ridpath Ohi really needs to stop looking in my window and using my life as inspiration for her comics. Despite the fact that she lives hundreds of miles away and draws me as a white woman with short hair I know it’s me. 🙂

6. DadCentric

The power of mom blogs has rocked many a wayward corporate campaign, (Right Motrin?) has been documented in traditional media and even highlighted on Oprah. Dad blogs, on the other hand, have received less fanfare. It’s a shame because blog networks like DadCentric are producing really wonderful content from a perspective that is too often trounced upon by perception. I have long held the belief the “mom knows best” bit is B.S. *climbing off my soapbox now* Beer, bottles, better parenting and butt-kickin’ content makes this a great bit of blogosphere.

7. Freelance Writing Jobs

Yes, this blog. Freelance Writing Jobs is more than daily job leads. We are thriving blog with great information and professional writers who work hard to bring what we learn to others. Go beyond the home page into some of the categories and archives. There is a wide variety of solid information available. Plus we write good too. 🙂

Got a favorite blog? Tell us below!

Nervous About Meeting Prospective Client

March 9, 2011 by david 1 Comment

Dear Jodee,

I’ve been contacted by a prospective client who wants to arrange a time to meet. I’ve been working remotely for some time and the idea of sitting down for an interview is really intimidating. Can you give me some tips?

Nervous Nellie

Dear Nellie,

First of all, congrats on being invited to meet with a prospective client. I can understand that this is exciting but a little uncomfortable as well, but you need to keep in mind that this is not quite the same thing as a job interview. You are sitting down with someone to have a discussion about whether you can work together to help the client achieve his or her goals.

In the time leading up to the appointment, learn as much as you can about the client and his or her business. As you review the web site and any other information you can gather, make detailed notes and go over them several times before the meeting.

As part of your preparation, try to identify specific areas where your expertise can benefit the client. The person you will be meeting with may have some ideas about how you can help, but it doesn’t hurt to come to the table with some strategies of your own.

Keep in mind that while the client may be interviewing you, this is also an opportunity for you to decide whether you want to work with the client as well. Have a list of questions of your own prepared so that you can understand the scope of the work the client needs, as well as his or her professional working style.

If you can get away from the idea that this is an audition and think of it as a discussion, you may feel a bit less nervous. Good luck!

Never “Apologize” for Lack of Posting

March 8, 2011 by david 22 Comments

Even for the most committed of bloggers, issues in the real world tend to creep up. Whether it’s a family emergency, your regular job placing more demands on you, holidays or simply a case of blogger burnout. It happens.

There may be a few days in a row that you are unable to post – those few days have a tendency to turn into a week and so on. And that’s okay! Your readers will likely understand as long as it doesn’t become a habit. No matter what the reason, don’t make your return to blogging an apology post.

If you really think about it, that apology post might be sending a message to your readers that you aren’t quite as dedicated to them as they had hoped you’d be or as they deserve. For every blog in your particular topic, there are hundreds of blogs on the same, or similar topic that will remain dedicated to loyal readers.

Don’t lose your readers to the “other” guy!

Don’t get me wrong, transparency is a good when keeping your readers informed of your real world activities and that can be a positive thing. But – by all means, make sure your posts are relationship building, not a series of hollow excuses.

If such a case does arise, where you do have a lengthy lapse in posting, what should you do?

If you don’t have a good stash of emergency posts, I highly recommend you reemerge with a full-fledged, knock-your-socks-off kind of post.

Bring your readers something of solid value – provide them an educational and/or entertaining post. Give them interesting links from around the blogosphere. Ask them questions that let them know you value their opinion. Deliver something that lets your readers know you *really* appreciate them. If you don’t take the opportunity to show how much you appreciate them – how can you possibly expect them to remain loyal to you?

Gayla’s Comment Policy: I am committed to my readers. If you leave a comment on any of my posts, I will visit your blog and “share it” in some way whether on StumbleUpon, Twitter or Facebook depending on if I can find a nice fit. This is my way of saying thank you!