Copyright Question

[HarryDresdensLeatherDuster]

Hi, sorry to ask but are there any copyright specialists about willing to answer a question please?

what is it you want to know? What's the copyright for- written word, or something else?

And the question is?

My written work. Sorry to be cryptic but basically - I am self-employed and do some regular work as a freelancer for a company. I write my own materials for use in that work and the company distributes them to the clients that I work with under their banner. Do I still retain the copyright to these materials if I allow them to do this?

I have recently found out that they have given my materials to another freelancer who has made money from using them and I want to check it is my right to prevent them from doing so.

Many thanks for responding.

As a freelancer you will usually retain copyright in any work you produce for them unless it specifies otherwise in your contract. You need to consult a lawyer who specialises in intellectual property law to be certain but, on the information posted, it sounds like you have the right to take action against the other freelancer.

Thank you. Ah, a contract... Pretty sure verbal discussions does not cover this one.

Can I ban the company from giving my materials to other freelancers?

Do you not have a contract in place? Any terms of engagement should cover IPp and transfer of rights.

Depends on who owns the copyright. Read the contract. Is there an assignment of copyright clause?

If the contract consists of a verbal understanding and copyright is not discussed, copyright almost certainly belongs to you.

No contract. Early discussion about them copyrighting my materials to prevent them being copied by competitors but at no point did I say they could distribute to other freelancers or gave them ownership. Materials have gone out to participants with their copyright on them but my understanding is that they are still my intellectual property and I can say who gets to earn money from them.

Have I got that wrong?

And thanks to you all for taking the time to get back to me!

There may not be a written contract but there clearly is a contract as you are doing work for them and getting paid. The question is whether that early discussion is enough to mean you've given them ownership of the copyright and, if not, what are the terms of the licence you've given them.

The fact they are putting a copyright notice on the material claiming that it is their copyright suggests that they believe you have given them ownership of the copyright. If you have been aware of this for some time and haven't done anything to stop them, the courts may take this as your acceptance that they do indeed own the copyright.

@HarryDresdensLeatherDuster You should read the info in the Writers' and Artists' Year Book where all of this is covered.

Anything you write is automatically copyrighted to you, normally.

It doesn't have to have your byline on it to be so, but if they copyright it with their company name it implies they think you have sold them the rights.

Written work is usually sold as rights for one use, or all rights, meaning they can do with it what they choose thereafter.

Nowadays, it's becoming more common for companies to put 'all rights' in the contract which means it's out of your hands once it's published. It means you cannot continue to be paid for multiple uses.

In future, you need to get written T&Cs over what happens to your work.

If there is no contract/legal agreement in place so it’s potentially a grey area, consider a cease and desist letter to the other free lancer advising them you own the copyright. Do this to at least halt them making money from your hard work whilst you resolve the matter.

Also contact the company and clarify ownership of copyright of documents already provided. Once you have this you can decide next steps.

@MakemeaCake has also provided useful contact to assist you.

Thanks so much for responding. I really do appreciate your time! Sounds like I have been rather daft and have implicitly given them rights over my work. I will have a conversation (and put in writing!) what I want to do in the future. I am happy to walk away from the work if they insist they want to own my materials as I have realised how valuable they could be to me. Many thanks again

The default setting for copyright is it's yours unless specified otherwise.
In law, verbal contracts are as valid as written ones.

Some publications will have T&Cs saying they own 'all rights'. Others will have T&Cs saying after 3 months, you can resell your work and they have no further claim to it ( a broadsheet does this.)

Unless you have missed something, the work you did is yours and cannot be used by another freelancer to make money.

If freelancing is your main occupation and you rely on the income, do get up to speed with the rights on all of this.

Many thanks. It does seem a somewhat murky area considering the differing views here. I shall take your advice and educate myself!

Are you named as the author of the work? In UK law, there are moral rights too. You can object to any treatment of your work. Your moral rights can be waived but not assigned.