Legal Question in Technology Law in Utah

Do I have retain any rights to my written work appearing online?

I write, on a freelance basis, detailed travel reports for a company that sells this information via subscription to online subscribers. I am not an employee of this company, and pay for my own travel expenses when collecting this information. It is their policy to buy all rights from contributors. But I have always refused to sign any contract acknowledging this. I have worked for many years for this company (I used to be the editor), and it is my ''voice'' and my style of writing which has become associated with this publication. My question is, in light of not having ever signed a contract, do I retain any right to the material I have produced over the years? What would happen if I took my reports and put them online on my own website. Would that leave me open to legal action?


Asked on 7/29/04, 11:09 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Do I have retain any rights to my written work appearing online?

If you have not signed away your rights, you still own the material and can publish it again. The magazine may argue that you are on constructive notice that the material is published by the magazine and that they assert a copyright on it. However, the lack of a contract should protect you.

Having said that, the magazine could still sue, and it would be up to the judge eventually. You may want to ask for a release from the magazine while you are on good terms, then they will not have a right to sue (if the release is proper).

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Answered on 7/29/04, 12:54 pm


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