So I need opinions on something. For a few months now I have been writing for a content producing company (not making much, but sqeaking by). I get steady work but it isn't something that I want to do forever. While I actually like content producing, I do want to eventually move on to something that pays better and is more rewarding. So, here is my question: While I never signed any sort of exclusivity agreement with the company I work for, I know that none of the work done for this company has my byline. Can I still include the sites that have pubilshed my work (done through the company) on my resume or does this get tricky? If so, how can I get around that? I've built up quite a thick portfolio and would love to be able to use it as leverage for future work. Thoughts?
More than likely, they could make a case for it being a "work for hire," meaning they'd own the copyright, so no, you couldn't use it in portfolio form (the actual articles). You may, however, be able to list the company's name on an actual resume (although you really should have a professional site and portfolio rather than a resume for freelancing). If nothing else, you could ask them to give you a referral or testimonial. In the meantime, start working on things you can add to your portfolio (bylined work, guest posts, your own site or blog, etc.).
Even if it was "work for hire", why couldn't Snarke (or anyone) put it in their portfolio as an example of work they've done? I have an issue that the client(s) hiring me apparently doesn't want anyone to know that they hired someone to write the content. Had I known that I would not be able to put something in a portfolio, I would have charged the client more money. I'm new at this, and I REALLY don't want to be a whiner, but that really doesn't seem fair at all... anyway, have a lovely evening.
Work for hire is work for hire and yes, those terms should be laid out ahead of time. If you really want to include something in your portfolio, but you're unsure about the rights situation, you could make it an uneditable .pdf, that way there's less risk of anyone stumbling across it in a google search or worse - pinching it. For the resume question, I would list the company as an employer and maybe say "client list included sites such as ....." Remember, most sites, advertisements, catalogs and other works produced by copywriters don't list the writer anyway.
Because "work for hire" implies rights transfer, and if you give up the copyright, you can't claim ownership or in many cases even authorship. If it's ghostwritten, most clients won't allow you to use it in a portfolio, because they're claiming to essentially be the author. If they buy the full copyright through a work for hire, they have absolutely no obligation to credit you as the author unless it's in your contract or other terms that you'll be bylined or that you'll be allowed to use it in a portfolio. You can't assume that you have those rights, because chances are that you've given them up. That's precisely why I have two completely different rate structures - I charge a set rate for bylined work, and I charge more for anything where I won't be credited or be allowed to use it in an actual portfolio claiming authorship. It's not at all about being fair. You're either a bylined writer, or you're a ghostwriter. It's your responsibility to know what rights you're giving away, and to detail to the client in writing what rights you're keeping.
It the ad business we called it a limited buyout or unlimited buyout. For example, if we hired a photographer to take pictures and he take them and we buy some, he can sell the others or use them in promotion with a limited buyout. An unlimited buyout meant he could not sell any outtakes whatsoever, and only use the unaltered visual for self promotion. In all cases in that scenario, the photographer always had in their contracts the right to use a photograph for self promotion or to enter in awards shows. So charge more if someone wants to own the rights.
The biggest issue here is that a lot of freelance writers don't actually use contracts (which can be fine as long as all details are still laid out in writing). If an issue came up, in that case the client could generally make the case that it's a "work for hire," which in freelancing means rights basically all transfer to the client, just as they would if you were an employee writing for a company in a regular job. That's over-simplifying it, but basically in writing, if you don't have something in writing stating you have the right to use or display it, and it's deemed to be a work for hire, you probably don't have the right to use it in a portfolio. That's especially why writers here taking on ghostwriting need to make sure those things are clear at a bare minimum in an email if they want to use the work in a portfolio (and in many cases with webmasters wanting to claim authorship, they won't allow it). The basic point is that the writer can't assume they have the right to do anything if it's been contracted as a custom piece by a client - if the article were pre-written or the writer had an unusual amount of freedom in deciding what to write about, the client might not have as strong of a case unless they actually obtained a copyright assignment or actual work for hire agreement from the writer. What's really sick is that so many of these people wanting to pay $5 or less per article think that should entitle them to all rights involved, and so many writers here are still too naive to know better than to give them up.
You need to start copy writing your work and selling them writes to it. This way exclusive rights belong to you. However you might find companies a bit apprehensive in doing this because they are paying you for a job, they don't want to pay you for a job and allow you to resell the work they paid for to another company - specifically a competitor.
I think you can include the links to the work in your portfolio with a Note that these were done for the company. But you should not sell that work to someone else.. If it is a Ghost writing, then we need to hide.. Otherwise there is no issue in presenting your work done in your portfolio.
That's more of what I was wondering about--if my portfolio could include a part that said "as a writer for such-and-such company I have produced the following..." or "contributed content to the following websites"
That's only OK if you retain the right to claim authorship. So if it's ghostwritten, and the client is essentially implying on the site that they wrote the content (or blatantly listing themselves as the writer), you probably can't link to it or say that you wrote anything on the site. If you're bylined, you won't have any problem, as they're already crediting you. Worst case, ask the client personally, and remember to include that in any future work you do not credited to you.
Hmm..but what if that was never clarified and no claim to authorship is made on the site? What I'm saying is, if her employer or client never specifically said she was going to be "ghost writing" then wouldn't she be free to reference the experience? For example, I used to work for a copywriting company. I could say that I wrote for that company and my client list included X, Y and Z. I didn't include those specific works in my portfolio, but I did indicate that I wrote for those clients. Isn't this the same? Especially if the terms were never clearly laid out? Or am I just promoting a "don't ask" strategy?
Not necessarily. If the client came to her with a specific assignment, they could legally make a case for it being a work for hire project, meaning they would retain full rights. The writer has a responsibility to get something in writing dictating whether or not they'll be credited (whether it's ghostwritten or not). That could be as simple as responding to an ad that clearly states it's what the client is looking for. If you're not 100% sure that you have a right to claim authorship by saying you wrote the articles, don't claim it. Ask the client for permission, and make sure you're spelling those things out with any future clients. Working under contract for clients is not the same thing as working for an employer - but even in the employer case, many employer's require their employees to sign non-disclosure agreements when they're hired that would forbid them from taking credit for something supposed to be credited to the company or team. Either way, read what's in writing, and if you don't have it in writing, take it as a learning experience and don't make that mistake again.
It's true that most writers don't draw up the contracts I mentioned earlier. And it's also true that writers are being taken advantage of regarding the rights. It's hard to move up from $5 an article if you can't show anything. Jenn is far more of an expert in this area and her advice is sound.
I recommend only using the company name, and just discuss the volume of work you did for them. Then just write a few sample articles that are along the lines of what you did for them and use that as an example.
Thank you. It never occurred to me to actually have a contract made, but that is my next move from here! I gave a couple of you rep for such informative (and polite!) responses. I know this wasn't my thread, but I did benefit from it.... RM.
UGH! Am I missing something here? Did he, she really ask that? Of course you can! I'm sorry, maybe I'm in a bad mood, but that was one stupid question. Yes, show it to others. It may no longer be yours, but YOU still wrote it! *sigh*
Perry, It's not as simple as that. When you ghostwrite, no, you can't always link to a site publishing your material. In many cases like that, you give up all right to claim authorship in any way, shape, or form. The same can be true if you sign a nondisclosure agreement about the project as a part of your terms with the client that forbids you mentioning it.
I must be unusually dense today, toots. You're going to have to swing that by my brain again. You mean to tell me, if he wrote articles for site X, he can't tell others to go to that site to see some of the articles he wrote? And he can't put them in his portfolio, even though he won't publish them anywhere because he no longer has rights to them? I've always wanted to use that emote. This I understand, but other than that, no. Why would such an agreement be drawn up in the first place? But I tell ya, as a writer, if anyone said that to me, I'd tell him to go straight to...well, you know where. Now why would a writer agree to such a thing? Notice I didn't say, "starving writer."