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?
1 Answer from Attorneys
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.