PowerPoint presentation about online journalism, ownership and the rights of American freelance writers for my COM558 final. Class: Digital Media Law & Policy Spring 2013 Instructor: Kraig Baker Master of Communication in Digital Media program at the University of Washington By Dawn Quinn.

1. Online Journalism,
Ownership & the Rights of
American Freelance Writers
Dawn Quinn | MCDM Cohort 12
COM558 | Baker | June 2013

2. Modern Wordsmiths,
Modern Issues
 Today online journalists, freelance writers and
bloggers all have a variety of mediums in which to
publish their writing, thanks to the Internet
 But with new opportunities come new challenges
and concerns over legal rights, ownership and how
content creators can re-use their own work without
fear of breaking the law. Their copyright is literally
their livelihood
 Thus, what ownership rights do freelance writers
have over their articles when writing for online
publications, blogs or magazines?

3. Copyright Basics
At its base, The Copyright Act of 1976 covers five basic rights for original
works of authorship in a fixed medium to copyright owners (traditionally,
the writer or content creator):
reproduction: the right to create identical or substantially similar
copies of the work;
adaptation: the right to create derivatives of the original work, such as
abridgments, translations and versions in other media (book to film, song
to music video, etc.);
distribution: the right to make the first sale of each copy of the work;
performance: the right to recite, play, dance or act the work publicly;
and display: the right to show the work publicly, directly or by means of
film, slide, TV image or other device.
These rights often get muddled when a writer creates an article for a
publication.

4. Exceptions to Copyright
Ownership
 When writers are employed by a publication or
company, the copyright of all creative works that
result from the employment belongs to the
employer, (ex: my writing for the Tacoma Weekly
newspaper while employed there belongs to the
Tacoma Weekly)
 Made for hire scenarios (more on the next slide)
 Lastly, if the writer has sold a copyright to a
particular work, the entity, business or person
who bought the work then owns the copyright

5. “Made For Hire”
 If an individual writes for a company as an independent contractor with a “made
for hire” stipulation, the person/organization that requested the work owns the
copyright if a few requirements are in place. If the work is:
 1) a part of a larger literary work, such as an article in a magazine or a poem
or story in an anthology;
 2) part of a motion picture or other audiovisual work, such as a screenplay;
 3) a translation;
 4) a supplementary work such as an afterword, an introduction, chart,
editorial note, bibliography, appendix or index;
 5) a compilation;
 6) an instructional text;
 7) a test or answer material for a test;
 or 8) an atlas
Creative works that can’t be categorized in any of the eight ways above are
works made for hire only if created by an employee while under the employ
of the company.

6. Transference of copyrights and
licenses
If a writer wishes to sell their work, they can either transfer certain rights to the work or all
rights to the business of individual who will buy and market the work. The owner can also
stipulate limitations to the exclusive rights being transferred. There are a few ways to go
about this:
Examples of copyright limitations: the copyright owner may require that the right be
exercised only through certain media, such as magazines or films, allow the right to be
exercised only in a specific part of the country or world, or limit the transfer to a specific period
of time
If a copyright owner transfers ALL rights, this is called an “assignment.” When only some
copyrights are transferred, it’s called a “license.” An exclusive license exists when the
transferred rights can be exercised only by the owner of the license (the licensee), not even
the person who granted the license (the licensor). The license is non-exclusive if it grants
other individuals (including licensor) the same rights being transferred in the license
Buyers of exclusive and non-exclusive copyright rights can record the transfers in the U.S.
Copyright Office. This helps to protect them in the event that the original copyright owner
attempts to transfer the same rights to another individual or business
Copyright ownership transfers are unique in that authors or their heirs can end any transfer
of copyright ownership 35 to 40 years after it is made
In order to transfer copyright(s), there must be a contract

7. Contracts
A few things/phrases to look out for when reviewing writing contracts:
Specific rights: Magazines, for example, request First North American Serial
Rights (FNASR) which grants the publication the right to be the first to print
your work in North America. After it’s printed, the rights revert back to you
 Depending upon your clients and market, you could see First European
rights, etc. Other rights: One-Time Rights, which allow an entity to print
your piece only once, and Reprint Rights, which grants the publisher to
print your work again after the initial printing
 You or a publication can decide whether or not the work can be re-used
again at a later date in a different publication. Ex: In the event you want
to re-work an online magazine article into a print magazine article
This is where you can insert a clause that allows you to use the work again in
the future for promotional purposes in different types of media
Be ready and prepared to negotiate
If you want extra protection, you can file a copyright with the U.S. Copyright
Office

8. No contract?
Sometimes opportunities come up to write a piece for a publication
without a written contract, especially for the Internet. To turn it down,
or not? Contemplate these things before agreeing to the assignment:
Copyright law states that any published work without a written
contract automatically grants FNASR to the publisher
Ask about rights if you have questions or concerns. Clarify which
rights are being granted, where the piece will be published, and
negotiate if necessary
 Questions to ask: If it’s an online publication, will the piece remain online
indefinitely? Would the publication be willing to remove the piece from their
site in the future if requested? Will your bio, website or byline be on the
piece? Is the byline on a piece at this particular publication worth pursuing,
even without a contract?
Write your own agreement. State exactly what you’re willing to grant
and discuss it with the editor or publisher

9. Blogging and online
publications
Web content, including blogs, is protected under U.S. copyright law. A few things to
note:
 Without a contract, all content written for a blog inherently belongs to the
author. Ex: you’re writing a guest post for a friend’s blog. Unless your
blogger friend has a written policy that states all content on the blog belongs
to the blog owner, regardless of who wrote it, your content is still your own
 Bloggers vs. reporters: Among other things, bloggers often do not have the
training or background to know whether what they’re doing is legal. It’s
imperative to have an understanding of journalism laws before proceeding
with blogging if you have concerns
 Have a solid understanding of what copyright infringement and fair use are.
Make sure you receive permission to repost someone else’s work and
understand how to quote and use snippets. This is allowed, but be sure
you’re doing it to add commentary, and not to pass off the quote/writing as
your own work
 To bypass worrying about copyright infringement, utilize the wealth of works
available with Creative Commons licenses and in the public domain

10. Other Issues
 Joint authorship: When a work is written by two or more authors: “with
the intention that their contributions be merged into inseparable or
interdependent parts of a unitary whole.” If you wrote a piece equally
with another writer, you need the other author’s permission before
entering into any exclusive licenses. Each author can do what they
want with their portion of the copyright. Joint authorships can be tricky.
Enter them at your own risk and with a clear contract
 Orphan works: if the publication/company you wrote a piece for (and
gave your copyright[s] to) goes out of business, your copyright goes
with it. This is a huge issue today as many publishing houses are still
attempting to figure out monetization
 Laws differ between the U.S. and other countries. Know the laws
before signing contracts
 These laws are changing everyday as new publishing mediums (and
ways to monetize them) evolve. It would be smart practice to review
copyright law updates every year to see what changes and how it may
affect you

11. How to Survive and Thrive
 If you’re an online writer, it behooves you to thoroughly
read your contracts and state which copyrights you’re
willing to give up when writing for a publication or crafting
an article, (if any)
 If you have to give up some or all copyrights when writing
an article, negotiate for a higher rate or commission
 Giving up all copyrights to a work should be a last resort.
This is the least desirable scenario for an author
 Make sure there’s a statement about using the work for
promotional purposes, such as your portfolio, written into
contracts
 Consult with an intellectual property lawyer if you have
specific contract questions

12. Sources
 http://www.mbbp.com/resources/iptech/know_copyrights.html
 http://fairuse.stanford.edu/overview/faqs/copyright-ownership/
 http://freelanceswitch.com/freelancing-essentials/basic-guide-to-copyright/
 http://aigasf.org/community/legalities/do_you_have_to_give_your_freelance_client_you
 http://thenextweb.com/entrepreneur/2012/10/14/you-need-these-must-have-clauses-in
 http://www.writersrelief.com/blog/2010/11/no-written-contract-what-you-should-
know-before-you-agree-to-publication/
 http://www.plagiarismtoday.com/2010/05/25/5-must-know-copyright-facts-for-
freelance-writers/
 http://socialmediatoday.com/jacqui-mackenzie/470243/what-bloggers-should-
know-about-copyright
 http://www.freelancewritinggigs.com/2011/02/why-you-want-to-keep-your-
copyright/
 https://www.eff.org/issues/bloggers/legal