Legal Question in Intellectual Property in New York

Can I re-use my work from a previous website I wrote for on my own website? No papers were ever signed to give the owner, or his site, any ownership of the intellectual properties, and there are is no copyright agreements on his site that binds my writing to him. Also, can I ask him to remove all of my writing from his site being that I am no longer writing there and wish not be listed, not being compensated, or have any affiliation, with his website? He is trying to pursue legal actions against me for using MY writing on my own blog and there was never any verbal or written agreement that my work would be property of his site. Thanks.


Asked on 7/27/09, 12:25 pm

1 Answer from Attorneys

Randall Brett Law Office of Randall P. Brett

There is no simple answer to your question. If you received any compensation from the website owner (a salary, something in kind, or any other consideration for your work), arguably the material you created is "work-for-hire", in which case it is owned by the website owner and you have no ownership rights. However, if the work you created for the website contained materials or content you had previously created, this previously created material was not work-for-hire of someone else, and you did not assign the copyright to the website owner, you may have a basis for asking him/her to remove it from the website. In addition, if you contributed materials via a blog or any other voluntary activity, you may have relinquished ownership of these writings by putting them into the public domain. In any event, you should talk to an attorney knowledgeable in intellectual property matters to determine your rights and defenses, since you have stated that the owner has started legal action.

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Answered on 8/01/09, 5:51 pm


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