Legal Question in Technology Law in Texas
Writer; freelance articles
For the past couple of years I have been writing articles for a local magazine. I freelance, in that I choose the subject, write the story and submit. If they like the piece they pay me $125.00 and publish it. I have never signed a contract of any kind, nor recieved any writen statements regarding my accepted articles. Recently the magazine has gone online, the editor/owner has put several of my old articles on the site. When I asked him about it he said that by law he owns half rights, and does not have to have permission or pay me. Also, he has copywrited his site... Can he do this without my permission? Paying? I have originals of all my articles.
Thanks
3 Answers from Attorneys
Re: Writer; freelance articles
First, as a writer ( I am published as well) you should ALWAYS get a written agreement re: comp, limits on use, and ownership of the copyright.
Second, I would make the argument that you RETAIN the copyright and sold only limited license to publish.
Call or email for additional asisstance with this.
Re: Writer; freelance articles
You do have a strong argument that you only gave the magazine limited rights to use your articles and that those rights did not include an online magazine. It sounds like the owner doesn't know what they're talking about; so a letter from us will probably get results. Feel free to contact me directly. We just added an attorney in Austin to my Nance Group, but I can handle this one personally.
Re: Writer; freelance articles
A letter from an attorney might work, but you can also try to heal the rift in the conversation through mediation, which can be done on-line or over the phone, so that both sides are better protected in the future and you retain a source of income.
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