Forum Moderators: not2easy
How do I handle the copyright, particularly of my images, since the client is partially paying? Are there any special issues I should be aware of, or any special copyright wording I should use.
To some extent this is a joint project between the client and me, though the actual work will be used by them as a promotional item.
Thanks so very much!
Are you being paid to write the article as "work for hire," in which case the copyright would belong to the purchaser?
Or, are you givng the purchaser the right to use your work for a fee, in which case your retain the copyright?
You have to decide that point first.
If you're in the US, the Copyright Office's Circular 9 [copyright.gov] (PDF) explains works made for hire. It's a required read for writers, artists and all folks creating content for others in any media.
While you're there, also be sure to read through Circular 1 Copyright Basics [copyright.gov]. This will answer many questions and lead you to more.
I read the Work for Hire piece and it still doesn't give me a sense of direction.
Are you being paid to write the article as "work for hire," in which case the copyright would belong to the purchaser?
Yes, I'm being paid for some of the work but, as I mentioned, the content will be information which I have already written for my own site including some of the few graphic illustations. There will just be a few tweaks to adapt the information to the target audience.
This is a rather informal deal. To paraphrase the client, rather than paying me my full price, they'd like me to "rehash what you already have produce(d)" at my site. And to make "it more of a promotion for your web site, and other articles etc."
I have absolutely no problem with any of the information being freely distributed. But would like credit information and an url to my site kept in the content (as client has agreed), and maintain copyright to my graphics.
The subject, btw, is something I've been planning to write for my site anyway. But it would not be the exact words, or as comprehensive or lengthy of this one (since a similar article would have internal hyperlinks to pages with related and addtional in my site)
Hope I'm explaining myself okay.
If you are not, then you would generally retain the copyright unless there is work-for-hire or copyright transfer wording in the contract.
But it is best to avoid misunderstandings and have that written into any agreement that you make.
Thank you. With respect to your statement: "it is best to avoid misunderstandings and have that written into any agreement that you make." Do you know of any online resource where I can find examples of wording for this? The amount of money I'm receiving does not justify hiring an attorney.
To get some ideas, just search for [writer's agreement]. Just write your own taking into account some of their ideas.
[edited by: BigDave at 3:56 am (utc) on May 6, 2005]
This sounds like you're just adapting some already-copyrighted-by-you work for his site, for a low fee, because it benefits both of you. This does not sound like something that needs to be work-for-hire.
