Ownership of articles

I have requested someone to write me articles for an agreed price.

I had asked for the "legal disclosure" of who owns the article and that its guaranteed it won't be use anywhere else. The writer's reply was that he does not have such agreements and that he forgets what he writes most of the time. He assures me verbally via a phone call that the articles are legally mine and I could use it in any way or forms I like and its not his business.

Is that how it works when it comes to buying articles? I'm only buying 1-2 articles at the moment. Is that good enough of an agreement and best to avoid the administrative overhead of signing agreements.

 

I'd get it in writing. Unless he sells or gives you copyright, he actually owns the work. If he doesn't want to retain copyright, just send over an email stating that you are requesting 1-2 articles on blah topic with the understanding that you will retain full usage rights and copyright of the articles. By accepting payment for the articles, all rights and ownership will transfer completely to you.

It sounds like you're not working with much of a professional...

Rebecca

 

It is an interesting situation, although many writers that offer their services do not look at the concept of ownership when it comes to articles. Instead, they view the article as a 'job' and once the job has been completed there is nothing more for them to be concerned with.

The type of writers I am referring to are people offering their services on forums and those without any website to highlight all their legal terms and conditions. Although I was not responsible for writing the article discussed, from my perspective, I simply transfer all ownership of articles to the person once the request has been fulfilled.

Once a I establish a website base, I will have different options available and be able to outline the full legal terms and conditions of use. As it stands at the minute, with no website or legal terms set out regarding ownership, my services are offered at reduced rates and without ownership claims.

 

My understanding is that if someone emails a request for 500 words on Slovakia and I write them send them to him and he pays me they are by definition his not mine. He requested a service I provided it, the fruit of that service are his. I personaly have never had a legal document to state the work is the clients as it is a 'common law' agreement as far as the UK is concened

 

This is the way I see it too.

 

Professional copywriters are still professional writers and many of them still expect a royalty fee along with the agreed payment.

For instance, copywriters may charge a much higher initial fee in advance of any future royalties or they may charge a lower fee but include their ongoing royalty rate depending on distribution:

I just took those two examples to show how the ownership of content can still be in the hands of the original writer through the way they charge their fees.

In other cases, an author may well give full ownership once the assignment has been completed. This generally happens most frequently on forums and freelance bidding sites as opposed to 'the real world', where writers would be compensated much more or would have ongoing royalties for their material.

 

I accept everything you say above but I think that such fee's refer to people in a possition to not advertise their services on a forum like this on nearly all occasions us mear mortals have to take a flat fee

 

Yes, that is for professional copywriters with a lot of experience. However, the principal of content ownership can still exist in forums.

In most cases, people give ownership of content once the article request has been completed while not stipulating any 'royalty fee'. A legal disclosure would state that full ownership of content is purchased in the agreed article fee. This would prevent the author being able to sell the same content to other people buying an article on a similar theme.

When no legal disclosure is given, then the buyer is not protected against the author deciding to sell the content as the author would still have ownership rights.

 

Yes I agree you are correct in pricipal

 

Whether or not that is how it works, it seems the 'writer' mentioned in the original post was acting unprofessional - which should make you wonder how he handles other aspects of his business. Even if he has no such forms, at the very least he could offer to send along a written agreement of some kind. Tip: Find somebody else, if possible. There are tons of great writers out there.

All the best,
Michael Oksa