Who Owns Your Blog Content?

ByNina Kaufman

Opinions expressed by Entrepreneur contributors are their own.

tasini.jpgOr any other content for that matter? Do you? Or does the copywriter that you hired for the project?

That's what got me thinking afterreading that the U.S. Supreme Court resurrected a possible settlementin a class-action lawsuit brought by freelance writers.

In that case,New York Times v. Tasini, freelance writers brought a class action againstThe New York Times(among other publishers), claiming they had not given permission to the publishers to use their work in connection with online databases. In short, said the authors, if the publishers wanted to use their articles online in addition to the print format, they needed to pony up and pay the authors an additional fee.

Without going into the merits of the case, that could be anasty surprisefor a small business. Imagine you've hired a copywriter to create a new brochure for you. You like it and want to use pieces of it on your blog. Do you have the right to? Specifically, do you have a written agreement with this copywriter? Does it specify that the copywriter's work is being done on a "work-for-hire" basis? If not, you could find yourself having paid for the privilege of using the brochure "as is," but with no rights to own it, change it or use it in other contexts/formats. Now wouldn'tthatbe a kick in the rubber parts!

For other possible legal perils online, get your free copy ofInternet Law & You Power Pack.
Wavy Line

Nina L. Kaufman, Esq. is an award-winning New York City attorney, edutainer and author. Under herAsk The Business Lawyerbrand, she reaches thousands of entrepreneurs and small business owners with her legal services, professional speaking, information products, and LexAppeal weekly ezine. She also writes theMaking It Legalblog.

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