Legal Question in Intellectual Property in Georgia

Re: Graphic Artist/Writer RIghts

That is sometimes a complicated question, but if you did work for hire and he owns the work, sure. From your post, you are the one who asked for this.

Re: Graphic Artist/Writer RIghts

In considering whether a former employer may publish works created by an employee during the term of their employment, the question ultimately boils down to copyright ownership.

In many instances, the employment agreement used by the magazine publisher will include a clause which states that any intellectual property created by any employee during employment will become the property of the Magazine. In that respect, the magazine publisher would own the copyrights to any work created by you during your employment with the Magazine.

In working freelance for the Magazine, often the agreement between an author and magazine publisher will include a "work for hire" clause. In essence, although you would not be considered an employee of the Magazine, this clause would also designate that the magazine publisher would own the copyrights to any work created by you on behalf of the magazine.

In answering your question, the magazine publisher may in fact have the right to publish your work if they are the holder of the intellectual property rights of the work. This complex issue of intellectual property right ownership will depend, in large part, on the specific contractual language of the Agreements between yourself and the Magazine.

Feel free to email our office with any additional questions or concerns.