Copyright Issues With Posting Clippings to Blog/Website

SinK · Oct 26, 2016

I have been writing a few articles for Front Vision, who I found through these message boards. I've just got my contributors copy through the mail and was gonna scan and upload the images as a blog post (with a link on the portfolio page of my website -- for reference that can be found here: https://whatistheretooption.wordpress.com/portfolio/). Then I thought hang on, I'm just assuming portfolios work, and you know what happens when you assume. . .

In this specific example I'll ask the editor what their position is, but I was wondering what the standard rules are for putting copies of your printed work on your public portfolio. It seems to me like that violates the publishing rights you hand over to the magazine. But equally I assume there is an industry standard for how this works, after all clippings are how one demonstrates professionalism -- or at the very least literacy. What is that standard?

robjvargas · Oct 26, 2016

Legal advice on an Internet forum (even this one) is worth every penny you've paid for it. I would strongly recommend discussing with an Intellectual Property Lawyer.

That said, check any contract you've signed as well. It may discuss publication rights. You could definitely try to get permission. If you get it, problem solved. But get that permission IN WRITING. Maybe even ask to have it sent snail mail. I'd be paranoid that way.

There's a lot of conditions (I think) that can change this. However, as written in the OP, I would not post the work in toto. Probably one paragraph. And a link to the magazine and that article. Front Vision has a right to profit from publishing that article, so I doubt you automatically have permission to post the whole thing.

JNLister · Oct 27, 2016

Legally you retain any rights except those you specifically sign away. In many cases that includes the right to reuse/reprint the piece elsewhere.

Practically it's worth thinking about your relationship with the client. If they have the piece online, link to it rather than reproduce it. If they are printing it, it's courteous not to put it on your site until the relevant issue is no longer on sale (or longer if back issues are a significant part of the business.) In simple terms, if somebody has paid you for an article, it's because they'll get a benefit from it, so don't compromise that until they are no longer getting that benefit.

Really it's like most areas of business and life: ask yourself if what you are doing feels reasonable and if you'd be happy to be treated in the same way.

AW Admin · Oct 27, 2016

I wouldn't use the content as part of a portfolio; I would list it as part of a publication list/resume/C.V.

Jason · Oct 27, 2016

Echoing what the others said...though I do have some additional elements to add here:

1. Copyright is merely ownership.
2. Violating copyright means you are claiming ownership of something that is not yours.
3. Whether or not you are held liable for any violation online is conditional on a few things:

[ul]
*Were there damages to the owning party?
* Were you requested to remove the content (called a take down notice), and subsequently given enough time to do so?
* Was the content you reproduced registered with the copyright office (http://www.copyright.gov)? If so, was registration done before or after your reproduction?
* Was there an intent to abrogate the content for your own , or evidence that you claimed it was your content?
[/ul]

There's obviously much more to it than that, but I always err on the side of safety and ask permission first. Easier to ask permission and be told no (or yes), than to beg forgiveness and be sued!

FCS Eli · Oct 27, 2016

It depends on jurisdiction of course, but John hit the nail on the head (emphasis mine):

JNLister said:
Legally you retain any rights except those you specifically sign away. In many cases that includes the right to reuse/reprint the piece elsewhere.

Practically it's worth thinking about your relationship with the client. If they have the piece online, link to it rather than reproduce it. If they are printing it, it's courteous not to put it on your site until the relevant issue is no longer on sale (or longer if back issues are a significant part of the business.) In simple terms, if somebody has paid you for an article, it's because they'll get a benefit from it, so don't compromise that until they are no longer getting that benefit.

Really it's like most areas of business and life: ask yourself if what you are doing feels reasonable and if you'd be happy to be treated in the same way.

In the United States, you own your work as a freelance writer unless you specifically release your rights. So yes, you can reproduce it elsewhere, but that doesn't necessarily mean you should without bringing it up to your client first.

In almost all of my experiences as a freelance writer, clients simply assume that once you deliver on a project, that the content is theirs to do with as they please -- and that you won't be doing anything with it. You may have the legal right to reproduce it without their consent, but I'd imagine this has the potential to result in some unhappy people.

As a general rule of thumb, ask before putting a piece in your portfolio/blog/wherever. In most cases the client won't mind.

Angie · Oct 27, 2016

Remember, you can also say something like, "Article published in [date] edition of XYZ Mag, clip available upon request." Sending the clip privately to a potential client or editor won't get you in hot water like posting it publicly in an online portfolio might.

veinglory · Oct 27, 2016

Something doesn't have to be illegal to be a bad idea. If you gave a publisher exclusive publishing rights that are still in force right now, well then publishing it online yourself might be taken by them as a bit of a jerk move.

AW Admin · Oct 27, 2016

Angie said:
Remember, you can also say something like, "Article published in [date] edition of XYZ Mag, clip available upon request." Sending the clip privately to a potential client or editor won't get you in hot water like posting it publicly in an online portfolio might.

This is how I'd handle it.

There's also the aesthetic thing that images of text on a Web page seems so very amateurish, aside from the ethical/legal issues.

Angie · Oct 27, 2016

AW Admin said:
This is how I'd handle it.

There's also the aesthetic thing that images of text on a Web page seems so very amateurish, aside from the ethical/legal issues.

I offer mine as PDFs, with screenshots for display. A little prettier, with a readable version easily available.

SinK · Nov 2, 2016

This is really useful. I'll go with the clips available on request option as that makes the most sense. Thanks for clarifying all this for me

tommyb · Jan 3, 2017

Why not present them with a contract that is in your favor? Or have them agree to something before receiving?

Copyright Issues With Posting Clippings to Blog/Website

SinK

practical experience, FTW

robjvargas

JNLister

AW Admin

Jason

Ideas bounce around in my head

FCS Eli

Angie

Shaddup and lemme think.

veinglory

volitare nequeo