Hi, I have a small website that employs around 2-3 writers. Now how can i find whether they have copied content from other source? I know that u can use copyscape but i think it is effective only after i publish the content. Also can i be safe if in my contract to the writers, i say that they have released their copyright over the content to me provided that they have not copied content from other sources?
You can also use copyscape.com to check raw text. You just have to sign up for a premium account. It costs 5 cents per query which isnt too bad. Of course things like copyscape can only check and compare online materials. There is still the possibility of material being copied from print sources.
You should be safe if you can show by the wording in your contract the the original writer has released the rights for you to use or publish the material. You should also be OK if they sign and date a statement that they are the original writer and have the rights to sign it over to you. Think about it, no editor can guarantee that writing submitted to them is original. It is only the word of the one supplying the text that you have to go by.
yeah...what i am looking here is...to own the copyrights of the published article provided if it is original...ie...i want to own the copyrights of the article...but if in future someone proves that it has been copied...i want to be safe... for example...i found a website which carries the following disclaimer which one is better???a private contract with the writer assuming the copyright provided the content is not copied from somewhere or a public disclaimer?
If the writter is an employee (not by contract) then anything they write in the course of their duties is yours. If you contract with them then they own the copyright unless they sign it over to you. When you work with experienced writters, they will charge you more to sign over the copyright. The benefit to this is that the content is yours exclusively. If they do not sign over the copyright then they could sell or use the content on their own site. As far as the legal implications, the above disclaimer would only work if the articles were posted by the writters and not by you. In addition, if you are in the US you would need to follow the other "Safe Harbor" provisions of the DMCA. Regardless of whether you chose to obtain the copyright, you need to have a signed statement by the author that the content is not infringing. This will not prevent you from being sued. As the website, you will always be sued. But if the author has signed that provision, then you will be able to turn around and sue them to recoup damages. In addition, it might go a long way to soothe an angry webmaster. Not everybody wants to sue. If you can show that you acted in good faith, then many people will just let you remove the content and be done with it.
This is the biggest bunch of ballyhoo I've read in a long time. First of all, if the writer is an employee, the work may be work for hire. However, a freelance writer that you contract with is not your employee. Copyright is not just one right. Its a set of different rights and permissions. The assignment of those rights and permissions can be completed via your contract with the writer. The only time a separate document must be signed is when the writer transfers exclusive copyright to a buyer. Professional copywriters don't charge anymore to transfer their rights. Most of us (that's right I am one) have provisions in our contracts that transfer necessary rights to a new owner at the completion of a writing project. Writers who submit to print publications, and high-profile web publications are bound by the writer's guidelines of those publications and the contracts they sign when their articles are accepted for publication. Most contracts do contain clauses that address the transfers and various licenses of copyright. Copyscape is a great resource to use to check for duplicates of your content on the web and also for writers to check and make sure that what they write is original. Although it won't find print articles, I believe it's quite seldom that someone takes the time to type a print article into the web in order to plagiarize it. After all, the reason they copy/paste other peoples content is because its the easy way out. If they had the gumption to work at providing content for their sites, they'd write it.