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Copyright of online publishing query

3 replies

needmymouthsewnup · 26/09/2017 13:02

I was hoping someone with an idea of copyright law might be able to help with an issue one of my family members is having...

She designed a craft pattern for an online magazine, which appeared in 12 monthly parts in a downloadable format. The agreement they signed stated that the copyright was borrowed, which meant that the publishers of the magazine only had the right to publish the pattern for one month, after which the copyright reverted to them. If the publishers wished to use the pattern in any other form, except publishing in the agreed issue, they needed to obtain permission from her first.

It also stated that any photos, pattern files, instructions and other text published in the magazine remained the sole copyright of the magazine.

The publisher of the magazine is now (several years down the line) selling the back issues of the magazine in which my family member's patterns appeared, both as automatic downloads (Etsy shop) and on a CD.

Does anyone know if they have the right to do this based on the wording of the agreement above? Does selling back issues of an online magazine count as republishing? And does putting these back issues on to a CD (as opposed to the original format of instant download) consist of publishing in a different form?

I am trying to work out if my family member has any way of asking the publisher to stop. Thanks!

OP posts:
prh47bridge · 26/09/2017 17:53

That is impossible to answer without seeing the exact wording of the original agreement.

needmymouthsewnup · 26/09/2017 20:13

I've pretty much stated the exact wording, just changed the tense and person. There's nothing in the contract that I haven't written here.
Thanks!

OP posts:
prh47bridge · 26/09/2017 20:40

In that case it is a very badly written agreement. It could be argued that they have only published in the agreed issue. It could equally be argued that they are breaking it by continuing to sell copies more than one month after the original publishing date. And you don't normally "lend" copyright. You give someone a license to reproduce your copyright work. If your family member wants to go anywhere with this I suggest she sees a lawyer who specialises in intellectual property.

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