I'm looking to hire a writer to write some articles about anime. (japanese animation) I am requiring them to post a price per article that also gives me full rights to the article. My questions... 1. How do I make sure I get full rights? Do I need them to actually sign a piece of paper or can they just email me/im me/pm me or whatever saying they are giving me full rights? 2. I'm asking this one because you can never know someones age online...(at least if they are lieing to you! Can I buy articles from a minor? Can I get full rights to an article from a minor since you can't be in a contract with a minor correct? A minor is considered under 18 correct? 3. What do I do if someone lies to me about their age and then later on sues me or something for stealing their article and posting it as my own? How do I avoid this happening? Thanks for any help! It is greatly appreciated!
Have them physically sign an agreement stating what the business is between you two and addressing any issues like copyright ownership. It doesn't need to be complex. Check your state's laws and their state's laws. Kill them once content is in hand. Oh wait--Don't do that. If they lied or deceived you, they transacted business under false pretenses. Their claim--as far as I know--can't be substantiated--provided you made them declare their age and have a contract. I'm not a lawyer so take all this with a grain of salt. I'm just chatting and telling you what I would do.
Yeah, if you want full rights you'll have to have them sign an "assignment of copyright" or something similar. There shouldn't be an issue with it being done electronically though. I've worked with very large clients who use electronic-only contracts these days. As for minors, it's likely best to avoid it. Ask them to sign something stating that they're over the age of 18. If they blatantly lie to you, it would at very least be good to have that on record (don't know that it would matter much or not) if it ends up in court. Depending on where you, and they, live, it's quite possible they can't legally enter into a binding contract. So them turning over copyright may not mean anything in that case, and it could be a legal issue if, say, they decide to keep selling the same piece anyway, or try to sue you for copyright infringement later for some reason. Jenn
1. How do I make sure I get full rights? Do I need them to actually sign a piece of paper or can they just email me/im me/pm me or whatever saying they are giving me full rights? Yes, actually, if you keep a record of the email/im/pm, it's as valid as a signed physical paper. A contract can be verbal too; it's just a question of being able to prove it . 2. I'm asking this one because you can never know someones age online...(at least if they are lieing to you! Can I buy articles from a minor? Can I get full rights to an article from a minor since you can't be in a contract with a minor correct? A minor is considered under 18 correct? As marketjunction said, rules on contracting with minors may vary depending on your jurisdiction, but usually, "generally speaking", minors can't contract except for day to day stuff. Have them state that they are over 18 and keep a record of it. 3. What do I do if someone lies to me about their age and then later on sues me or something for stealing their article and posting it as my own? How do I avoid this happening? There will always be deceitful individuals, but if you take the steps suggested in the above posts, you won't be liable. Plus, I doubt a minor would go as far as doing that, especially if he/she's been paid.