Can a magazine reprint my articles if I no longer work there?

Question

I was the editor of a magazine. It was a small publication and they never had me sign any document stating that the business had automatic rights to my articles. I was fired and now they want to reprint my stories without paying me. Do they own my work or can I sue them for copyright infringement?

Answer 1

Anything you produced while working for them would be considered a work for hire and as such they own the material, not you.

Answer 2

It is standard that the copyright transfers to the publisher for magazines unless you reserve that right. You agreed to that by working there and I"m betting it's in the employee manual and I'm betting you never read the manual. You did the work on their time, so they own it. Just like someone inventing something on the job doesn't own the invention, their employer does.



You should have negotiated a contract with them covering those rights.



So yes, they own the work.

Answer 3

If you were an "employee" then the employER is legally the author (17 USC § 101 Work made for hire). If you were an independent contractor, the only possible way they could "own" the copyright would be under a written transfer of your authorship to them or a properly worded "work made for hire" contract.



The legal author owns the copyright until it is transferred in writing to someone else.

Answer 4

It is very easy to argue that since you worked for them, any and all articles you wrote for them would be considered "work for hire" and they paid you your salary for those works, therefore, they own them.





*EDIT* - You have this backwards - It is assumed that they own the rights to work you did while employed by them unless you have it in righting that you retain the rights to your works. Without a written agreement between you and the publisher, there is not a lot you can do about it.

Answer 5

Since they originally published your work they have the right to do so.

Answer 6

Call a lawyer