Legal Question in Intellectual Property in South Carolina
Rewriting material I created on former job
As former editor of a magazine, I wrote a monthly column. Now I would like to use some of these columns, or the subject of some of these columns, in a book I am writing. My former boss says the columns were "work done for hire," and that I cannot use them as they appeared in the magazine.
Can I rewrite these columns, using the same subject matter, and print them in a book? This magazine did not display a copyright symbol, never stated the material was copyrighted, and indeed let anyone who asked for permission to use or republish a column or article, do so.
If I could rewrite these columns and use them in my book, what constitutes enough of a rewrite to be able to use them?
1 Answer from Attorneys
Re: Rewriting material I created on former job
First, the simple legal stuff: no copyright notice is required, nor is reqistration for that matter, in order to obtain copyright protection. It arises automatically once the idea is expressed in a tangible medium (i.e., putting pen to paper). Since you did this as an employee, the employer owns the rights.
One of the rights in the basket of rights known as "copyright" is the right to prepare derivative works. That right belongs exclusively to the copyright holder. Thus, you cannot prepare works that incorporate substantial elements of the original articles. The legal standard is pretty confusing, but the best analogy is what your old English teacher would say about whether the new work constituted plagiarism of the original.
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