When selling content...

If I am hired to write content for a client, if that client doesn't ask for the rights to the content when purchasing it, do I still retain ownership. If so, can I do whatever I want with that content.

 

It solely depends on the agreement you have with the client. If the client is buying full rights of the content then you are transferring all rights to the client. If the client doesn't ask for the rights, then I would suggest mentioning the terms to the client so they'll understand they do not have full rights and you are free to republish. Otherwise things might get messy. You can alternatively charge more for a client who wants full rights to the content. But don't be sneaky by not disclosing the full details of the content rights at the beginning, it isn't good business sense and would ultimately lead you down a path of destruction.

 

Always be up front if there's any question. If you respond to their ad, where they say it's full rights, then you're agreeing to those terms when you take the contract. If it can be deemed a "work for hire," they can make a case for owning full rights. If you want to retain rights, make that clear (such as them only buying exclusive Web rights) - chances are that you don't have what it takes to deal with a legal squabble if it were to come to that, so don't put yourself in a position where you'll have to.

 

If there is no Pre-writing agreement or contract or whatever, the assumption or implication is that the client gets full rights to it and you don't get to put that article on your website or resell it or whatever.

If he doesn't pay, you are free to do what you want with the articles. A contract isn't valid without consideration.
[I remember at least that from my studies ]

 

Price is usually a good indicator, but I always assume that exclusive rights are transferred to the buyer unless it's stated that it's PLR content.

 

If some one pays you to write content, and you haven't specifically agreed that you will retain ownership, I would say the content belongs to whoever paid for it.

 

Well, you could ask people on a forum or you could talk to an IP lawyer. I'd talk to the lawyer.

Price is an indicator of nothing.

 

I would say if it isn't disclosed I would assume the client gets full rights usually. Like it has already been said, you could get yourself into a legal squabble by not being up front.

Derek

 

I think you know what I was trying to say.

 

I think rights are to given to the purchaser

thanks,
sean

 

It's from my point of view consider that any paid job belongs to the person who is asking for it regardless any agreement or not because I feel this is a sort of ethical principle.

Only exception would be when you are expressly offering PLR articles with the option to pass on to the client such rights or he request them by agreement.

 

Michelle, there are a LOT of reasons why someone would keep rights. There's nothing unethical about that, as long as all rights are detailed up front. That's why there's a market in websites, magazines, and newsletters for reprints. Many print publications don't purchase full rights. The same is true of many larger online publications (some of which are run by the same companies as those print publications). And if a client expects a full copyright, they should absolutely be prepared to pay more than someone who's willing to accept just first rights, Web-exclusive rights, etc. Offering other options like that can actually be good for webmasters looking to hire more expensive expert writers, because they can pay less to purchase only the rights they actually need.