Writing Contract
Understanding Copyright Law as a Publisher Hiring a Writer
As a publisher hiring a writer, understanding copyright law is key to protecting your content. Learn the basics of how it works here.
Disclaimer: This article is for informational purposes only and doesn’t constitute legal advice. If you need legal advice on copyright law as a publisher, then get in touch with an attorney.
As a publisher hiring a writer, there are few things more important than having a solid understanding of copyright law. Many publishers assume that they automatically own the copyright to the content they request from writers, but that’s not quite how it works.
So, what do you need to know about copyright law as a publisher hiring a writer?
Find out how the laws work, who owns what in different situations, and whether you should register your content for copyright protection as a publisher.
Copyright law protects an author’s rights to their original work. According to the United States (US) Copyright Office, being a copyright owner allows you to:
As a publisher, it’s clear how owning the copyright to your content is in your best interest. Without it, a writer you hire can do any of the above with the content they create for you. But here’s the thing: if you hire and pay a writer to create an original blog post or article for you, this doesn’t necessarily mean you own the copyright.
When someone creates an original work, they are the legal copyright owner. They don’t have to register for it or anything (though registration has its benefits); it’s an automatic right.
Generally, if a writer comes up with an idea for a blog post and types it up for you, they — and not you — own the copyright to that work. However, there are some exceptions.
In a works made for hire situation, the content creator isn’t the automatic copyright holder of their original work — the employer is. You don’t have to go through a formal registration process to obtain the copyright either.
There are two situations where content commissioned from a writer is considered a work made for hire:
Let’s take a closer look at each of these situations below.
If you’re hiring a writer to be an employee, then your company owns the copyright to their content if it falls within their regular duties. For example, if you’re employing someone to write blog posts for your website, you should be the automatic copyright owner.
There’s just one problem: US copyright law doesn’t define what it means by “scope of employment” or even “employee” or “employer.” However, they do provide some factors to determine the scope of employment, from how writers are paid to the duration of their work. So, research thoroughly, and consult with a lawyer as needed to determine who owns the copyright.
If you hire an independent contractor or freelance writer instead of an employee, then things are a little different. First and foremost, you both need to agree that the content produced is “work made for hire” in a freelance writing contract. It needs to be in writing and signed by both parties.
Not just anything is considered a work made for hire, though. It needs to fall into one of nine categories, including:
As long as you include copyright ownership as one of the key terms in the freelance writing contract and it’s one of those special types of work, you are the copyright owner.
Whether you know the signs yourself or use an AI (artificial intelligence) content detector, you may run into a situation where a hired writer uses AI writing tools to create content. If that’s the case, then neither you nor the writer may own the copyright.
While the laws surrounding AI use and copyright are still in a bit of a grey area, the US Copyright Office won’t grant anyone the copyright to content that has been created with AI. They state that copyright protects only creative works by human authors. In their view, no one owns AI-generated content.
However, if the content contains a mix of human and AI elements, then there is copyright protection for the human contributions. It doesn’t even have to be the writing itself, as the selection and arrangement of the article can also be copyrighted.
If you want the right to display, reproduce, distribute, and create derivative works of your content, it’s best to own the copyright. Otherwise, the writer is free to exercise these rights, which may result in your content being duplicated or distributed elsewhere.
Further, unless it falls under the category of fair use or you’re licensing the writer’s content, you’ll likely need their permission each time you want to engage in these activities.
Content created after January 1, 1978, continues to benefit from copyright protection for the author’s lifetime plus another 70 years. After that, the content becomes public domain. So, if you plan to wait until the copyright expires, you’ll certainly be waiting awhile!
On the other hand, copyright protection in a “work made for hire” situation lasts for 95 years after its first publication or 120 years after its creation, whichever is shorter. This is another reason why obtaining the copyright is in a publisher’s best interest; it gives peace of mind that your content will be protected for years to come.
In conclusion, understanding copyright law as a publisher hiring a writer is key to protecting your content. One of the most important things to remember is that when you commission a work from a writer, it doesn’t mean you automatically own the copyright to the final product — the writer does.
So, if you’d like to own the copyright to your content, both you and the writer need to agree to this in the writing contract. Whether you hire a lawyer or use an AI-generated contract, establishing a writing contract is the best way to ensure that you own the copyright and the benefits that come along with it.