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Hiring Article Writers - Rights Question?

by KenTheriot
19 replies
I just started outsourcing article writers to supplement my own publishing. But I realized I was uncertain about the intellectual property rights to the article. Is it the norm for the business owner to put their own name on these articles? Or does the writer retain some rights?

If it's just a matter of how the job posting is written, is there a price difference between articles where you buy the rights, and those where the writer retains some ownership?

Thanks.

Ken
#article #hiring #question #rights #writers
  • Profile picture of the author Mike Mendell
    Hi Ken,

    Usually the writer will let you put your name on the article, but it's always best to clarify that with them beforehand.
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  • Profile picture of the author Alexa Smith
    Banned
    If you're commissioning articles, to be written for you, then in the absence of specific evidence to the contrary, you own "all rights" to the work and the writer owns none.
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    • Profile picture of the author kindsvater
      Originally Posted by Alexa Smith View Post

      If you're commissioning articles, to be written for you, then in the absence of specific evidence to the contrary, you own "all rights" to the work and the writer owns none.
      This is incorrect and the opposite of US copyright law.

      If the person writing an article is an employee, then it is a 'work for hire' and the employer owns the copyright and the employee does not.

      If the person writing an article is an independent contractor, which is the thrust of this thread, then the person commissioning the article only owns the copyright if there is a written agreement saying it is a work for hire / the buyer owns all the copyright.

      Typically, the agreement will also state the contractor assigns any copyright to the buyer - to make sure the buyer owns the work they are paying for.

      .
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      • Profile picture of the author Alexa Smith
        Banned
        Originally Posted by kindsvater View Post

        If the person writing an article is an independent contractor, which is the thrust of this thread, then the person commissioning the article only owns the copyright if there is a written agreement saying it is a work for hire / the buyer owns all the copyright.
        Thanks, Brian.

        Isn't that what the "exchange of emails" between a client and an online writer would normally cover, though - or at the very least be deemed to have covered even without specifically using the words "assignation of copyright"? Or are you saying it must specifically include those words, in America?

        I'm not doing this any more, but am still interested in the principle: I know that among online writers, it's considered to be absolutely standard that if someone comes to you for an article, for a fee, and they pay and you write it and send it to them, then you wouldn't normally regard yourself as still owning any rights to it at all, unless so specified. :confused:
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        • Profile picture of the author Dan C. Rinnert
          Originally Posted by Alexa Smith View Post

          Isn't that what the "exchange of emails" between a client and an online writer would normally cover, though - or at the very least be deemed to have covered even without specifically using the words "assignation of copyright"? Or are you saying it must specifically include those words, in America?
          I'm not Brian or a lawyer, but I think, when there is any doubt, the tendency would be to err on the side of the creator. That is, if it's not clear what rights are being transferred, then the creator would continue to possess those rights. So, if the eMail exchange isn't specific and clear, they may not be sufficient.

          I know when my attorney drew up the contract I use with freelancers, he was amusingly specific and all-encompassing to make sure that the full copyright to the work would be transferred to me.

          As far as I know, any loophole, any omission, means the creator continues to own what was omitted.

          But, again, I'm not a lawyer. I just made sure I had one do my contracts so that every "i" is dotted and "t" crossed.
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  • Profile picture of the author Dan C. Rinnert
    Contact an attorney and have a contract/agreement form drawn up to spell everything out. Then, use that form with your writers, and it keeps everything clear, avoiding disputes later on.
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  • Profile picture of the author Kecia
    Most ghostwriters will turn over all rights to the content when payment is received. Be sure to mention this requirement when hiring your outsourcers. A written agreement is also helpful in the event that the writer tries to claim ownership in the future.
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  • Profile picture of the author KenTheriot
    Thanks everyone! Just what I was looking for.

    Cheers!

    Ken
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  • Profile picture of the author mrelosa
    It depends on the contract, you can incorporate in the contract that all articles submitted to you will be your intellectual property.
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  • Profile picture of the author CDarklock
    Originally Posted by KenTheriot View Post

    But I realized I was uncertain about the intellectual property rights to the article.
    In general, if you tell someone "I will pay you this to write that," and THEN they write it, you own it. You have all the rights and they don't have any. They need your permission to do anything at all with it, even so little as telling people they wrote it.

    If someone comes up to you and says "I wrote this and would like to be paid that," and THEN you pay them, they own it. You only have the rights they give you.

    Obviously, you can contractually arrange other scenarios, but without explicit coverage of the rights in the agreement - this is how things work.
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  • Profile picture of the author Teacherman
    I know when I write original articles for people it goes without saying that they have the rights to it. I have on occasion used the writing as a sample to show others, but always with the disclaimer that they definitely cannot post it on their own site.

    BTW Ken if you are still interested in a high quality, original article writer with a Canadian University education check out my sig.
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  • Profile picture of the author Rose Anderson
    I pass full rights to the purchaser when the articles are paid for in full.
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  • Profile picture of the author contentwriter1205
    Usually you retain the rights, but it is always good to tell the writers beforehand that you will be the sole owner of the articles. Yes, the rate differs for full and partial rights.
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  • Profile picture of the author AnniePot
    It's certainly worth including the ownership rights as part of the written commission. I know a marketer who contracted with a writer for ten articles on a particular subject. When the articles were delivered they contained specific bylines with links to the author, and when contacted by the marketer, the writer stated that she always includes the byline in everything she writes, irrespective of who commissioned it.
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  • Profile picture of the author indolesman
    If your paying for someone to make something, you own it!
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  • Profile picture of the author GeorgR.
    You *buy* the articles, they become yours with all rights. Correct me if i am wrong.
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    • Profile picture of the author myob
      Nevertheless, it perhaps would be a good idea to always get copyright ownership rights in writing. All of my writers are full-time employees, and they must sign as a condition of employment that they do not retain any rights including copyright to their works.

      About two years ago one of my writers demanded a percentage of sales directly resulting from one of her articles claiming she had certain "rights" to additional compensation as the author. It was a considerable amount, and she even went so far as to get a lawyer.

      One look at the signed document on release of copyright, her lawyer advised her to drop the lawsuit. Even if it had gone to court, I would have won, but having a signed document prevented needless time and expense.
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      • Profile picture of the author Kay King
        I tell a new client that copyright passes when payment is made. You pay - then it's yours lock, stock and barrel.

        kay
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  • Profile picture of the author mysterrio
    It is always best to tell them what you want. In most cases...you own it once payment is made unless that is not the case in the TOS.
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