Is this right or am I stealing? Help!?

Question

I am in the process of making my own homemaking website.

I began writing for another website a year ago and want to use the articles I wrote for this other website. I was paid 10 dollars for each article. I never signed anything and was paid by article. Since I am the author it is ok for me to use my articles on my site right? She just paid me to sell the articles on her site. People paid money to read my work. On the webiste the copywrite info says

All content on this site is copyrighted unless otherwise stated. No reproduction of any of the material, articles, tips, etc. may be used on any other newsletter, email, ezine, or any other form of reprinting this information for others without full credit of author and a link to the website where you found this information. I would also appreciate if you would send me a quick email telling me where and how this information is being share.

So from all of that do you think it is ok or do you know a website where I can find? thankyou

I know if I ask for permission she will say no since she is upset I stopped writing for her. Dang it! Thank you so much for all your help.

Answer 1

It might be possible that you have the right to post the articles. In legal terms, the question is whether you wrote the articles as "works for hire" for $10 or whether instead you sold a non-exclusive license to use them. If the first, you cannot legally post them without permission; if the second, you can. (It is also possible you sold an exclusive license, which would mean you could not post them.)

If you were writing for the website, and particularly if you were asked for specific subjects for the articles, they are works for hire. The law here could get complicated, but my guess is you don't have the right to use the articles.

You could ask for permission to use them, or you could write new articles. You are free to use the ideas in the original articles, but you would have to write them anew, and not copy yourself as to the expression of the ideas.

Answer 2

People get into some really difficult situations when they work without a contract, and your problem is a good example of what can happen.
If you are hired to write something, and paid for that work, the person who hired you 'owns' the work. It sounds as though that is the case with your previous website.
People think that simply because they have created something they own the copyright, but that isn't necessarily so. If you are commissioned to write something, again, the copyright is vested in the person who hired you. But when you sign your contract, you can specify that the copyright remains your property. It's all a question of agreeing on terms before you begin the project.
As for your current concern, why don't you contact the woman you wrote for and get permission to re-use the articles? If she has no further use for them, and likely she won't have, there should be no problem. And in future, make sure questions of this sort are dealt with up front.

Answer 3

Since the copyright statement specifically authorizes re-use, you should be ok using it if it is posted on the site. Just include a line acknowledging where it was originally published, with a link to the site. If the articles are not posted, but are being sold, then you will need to get permission.

Answer 4

It will all come down to a question of the intent of your "agreement"', which appears to be a little bit of the unknown. The statement (which may be some evidence of your agreement) talks about the "author" so you would seem to be on pretty good ground by simply reprinting the article and crediting yourself. The price paid is also low enough that there is a good argument that giving someone complete rights forever was not intended.

Answer 5

In my opinion, I think you entered into a "work for hire" agreement when you accepted a flat fee for your work.

A work for hire is when a person creates a copyrightable work but does not own it. How can this be? The Copyright Act allows for the copyright to go not to the creator but to the person who hired the creator to make the work. The law treats the creator as if he did not even participate. The employer owns the copyright and it is as if they created the work themselves without any help from the actual creator.

I have done this- accepted a flat fee for web content and no longer "own" it. I'd have to rewrite my original article if I wanted to use the content again.

Answer 6

If you SOLD them, then they are no longer yours without a written agreement stating otherwise. Now you need the buyer to sign a release form in order to cover your a*s. This is why it is a bad idea to do anything without a written contract. Both parties may be subject to a tax audit in order to show that their money was declared properly on state & federal tax forms! You may be opening up a Pandora's Box of problems if you get this wrong. Consult a Lawyer.

Answer 7

1st rights go to the person that paid you.
You could probably repost, with the link and full credit of the author, even though the author is you.

Check out these information sites.

Answer 8

if they paid you for the copyright, it is no longer your work---if you paid, it's yours to use at will

Answer 9

If you THINK you are doing something wrong, you ARE doing something wrong.