Legal Question in Business Law in Texas

Re: Collection of non paid work who has copyright

Take a look at www.copyright.gov/circs/circ9.html#determining

I believe you may need to determine whether you were an employee as it seems the employer has the rights if they qualify as your employer.

You said there was no contract, but think back to see of you have anything that may help you like an email, fax, memo line on a check. Anything may help, even voicemail or answering machine messages.

Does your work contain a watermark? There is a new trend to add a matrix type watermark on their digital works. This may help if ownership became an issue.

In the end, it really comes down to the facts. You may be able to file a claim under labor, contract or tort depending upon your facts.

Having said that, you should consult with a local attorney and discuss all of the facts so she/he can offer a strategy that best fits your facts.

Re: Collection of non paid work who has copyright

Most likely the magazine has the copyright, and you have the potential for a lawsuit for money owed. There was a contract, since you did work and expected to be paid for it. It may not be in writing, but all that does is make proving up the contract a bit more difficult.

You can find out who has the copyright through the Copyright Office with the Library of Congress if an application for copyright has been filed.