Forum Moderators: not2easy

Message Too Old, No Replies

When you write an article for pay for someone

Can you write a similar one for someone else

         

panther

1:28 pm on May 16, 2005 (gmt 0)

10+ Year Member



If you write an article for pay for a company, does that preclude you from writing a very similar article for another company, or even posting a similar article at your own site?

I recently wrote an article for an ebook. To keep the price down, the client asked me to simply recycle content already at my website. I did, though I geared the content to a particular niche. At least 80% of the content for the article was cut and pasted from my site and basically reorganized. I kept the copyright to the article.

I now placed a similar article at my site (as I always intended to do so anyway, just never got around to it).

I know the client wouldn't want the specific article/ebook I wrote for them posted at my or any other site as it would negate the value they assigned to it. However the article at my site, while containing a lot of the same info, is in a different format (web pages vs. ebook) and a portion of the content has been deleted because words are hyperlinked to related info that I wrote into his article (eg. a glossary).

SO....

- He has his ebook article;

- I have a similar article posted at my site;

- The topic is such that I could very well be asked to write something similar for another organization.

Is all this okay?

thanks!

crescenta

2:23 pm on May 16, 2005 (gmt 0)

10+ Year Member



As a non-lawyer, I think it depends on the agreement you had with the buyer. Did he buy exclusive rights to the article? Were you essentially "work for hire"? In re-reading your post, you say you kept the copyright to the article. Which means it wasn't "work for hire."

Did he pay you an amount with the understanding that you would not sell that same article to a competetor, or something like that? In other words, were there any restrictions or stipulations attached to the price?

If he merely paid for the right to publish some of *your* copyrighted work, then no, you are not obligated to refrain from publishing the work (that *you* own the copyright to) somewhere else, or letting someone else publish it. He only paid you for the honor of publishing it himself. He has no control over what else you do with the work. He doesn't own it. You do.

I'll repeat, I'm not a lawyer, I have no special insights into copyright law, but this is how I understand it to be.

Nancy929

5:28 am on May 18, 2005 (gmt 0)

10+ Year Member



I'm also not a lawyer, but I've been a freelance writer for a few years, and under the conditions you describe I would consider the work yours.

And generally speaking, you usually retain the right to write similar pieces for other publications/companies.

For instance, freelancers will often do research for an article, write the piece, sell it, then 're-slant' it as many times as possible in order to make the most of it (profit-wise). This is actually what allows a lot of freelancer writers (including myself!) to make a semi-decent living.

Syzygy

8:38 pm on May 18, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



...the client asked me to simply recycle content already at my website. I did...

Then any articles based on similar themes, containing similar content is quite acceptable. As you say, the copyright is yours and I'm presuming that there are no exclusivity clauses involved.

However, if I were to commission an article from any writer and found that the text was merely an obvious rehash of a previous work, I'd not be happy. In fact, I'd probably find someone else in the same field and give the job to them, but hey, that's me..;-)

Syzygy

panther

10:05 pm on May 18, 2005 (gmt 0)

10+ Year Member



However, if I were to commission an article from any writer and found that the text was merely an obvious rehash of a previous work, I'd not be happy. In fact, I'd probably find someone else in the same field and give the job to them, but hey, that's me..;-)

I'm an honorable person. All I'm trying to do if find out my rights as well as those of my client. I would never do anything to hinder what they want to do with my article. And I'm well-pleased with what they are doing with it. Full copyright credit is given to me in the article, including tons of links to my site.

All I'm asking is what I can ethically do with similar info if placed at my site and if someone else asks me to write a similar article.

Hey, what free lancer would ever write for anyone if doing so would preclude them from ever writing about a similar, or the same, topic for someone else. I know I would NOT!

monkeythumpa

10:31 pm on May 18, 2005 (gmt 0)

10+ Year Member



Unless you signed a Noncompetition Agreement you can write as many articles as you want about the same topic. Did you sell the right to republish the work? If not you can even republish the same article on your site. But this may turn an ally into an enemy so tread lightly.

Brian

8:29 pm on May 19, 2005 (gmt 0)

10+ Year Member



I can't imagine why anyone would want to write the same thing over and over.