Legal Question in Intellectual Property in California

work published without my byline

i worked for a magazine for a short period of time. during that time

i wrote an article for it. i quit before the issue that the story was

to appear in was put to press. when i recently got a copy of the

magazine i found that my story had been published without my name

on it. is this legal? and, if not, what can i do about it?


Asked on 7/08/01, 3:25 am

1 Answer from Attorneys

Keith E. Cooper Keith E. Cooper, Esq.

Re: work published without my byline

The answer depends upon what your agreement with the magazine was. Were you promised a byline in your agreement? If not, they have no obligation to use a by-line. If, however, they put someone else's name on your work, that's a problem and you may have legal recourse.

The other issue is whether your agreement specified that your writing was a "work for hire" which would mean that the magazine, not you, owns the copyright. A "work for hire" agreement must be in writing and must be specific.

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Answered on 7/10/01, 9:16 pm


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