Legal Question in Intellectual Property in California

If I blog for a print magazine's website, do they own my entries even though I'm not being paid by them? Could I re-use my entries to write a book? Is there a difference if I become their employee or if I'm a freelance writer?


Asked on 11/03/09, 7:29 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

That's an excellent question to which the answer is "It depends." (Don't ya love lawyers?)

IF you have signed any sort of contract or other papers with the website, the magazine, the blog owner, or any other "party of interest," then you need to look for the words, "...work made for hire." If those words are there, then the magazine's blog owns the work regardless of whether or not they pay you. If those words are not there, then you own the work regardless of whether or not they pay you.

If you have not signed any sort of contract or other paper with the blog's owner then you own the writing you do on the blog.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 11/09/09, 2:26 am


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