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Use of material without permission

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fairweather

Junior Member
What is the name of your state? Florida

I recently responded to an ad posted online for a proofreader for a magazine. I heard back from the publisher and was asked if I was capable of editing material as well. I replied yes. I was then sent some material to format and edit as a test (it was not related to the magazine but another company that this person was forming). I received a reply saying that he was very impressed and wanted to welcome me on board. He asked for a phone number so we could set up a meeting. I responded with my contact info. Then a couple of days later I was e-mailed again, this time asking for me to edit a typical article for the magazine so that he could determine my exact skills. I took the article, edited it and sent it back. A couple of days later a received his response that he was very impressed and that I was hired. Again, I was asked to provide my contact info to set up a meeting. I provided the information again and explained it would be good to meet soon since I was going away for a week or so. I never heard from him. I wrote again and called right before leaving - but again, no response and I have not heard from him since.

The magazine is published both as a hard copy and on the web. I went to the website yesterday and discovered that the article I had edited "as a test" was published. The format of the article had changed and it was shorter and more concise than the one I had sent in. However, the article did keep some of the lines and phrases that I had composed. So, my question is whether or not I might have a case to sue this publisher - first for claiming I was going to be hired for the job and then never contacted again, and second, for publishing the article which did incorporate some of my edits without my permission and, more importantly, without any pay. I was never informed that the article I was sent was actually going to be published and was never asked for my permission to use any of what I had written. Any advice would be most appreciated! :)
 
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shortbus

Member
I guess he changed his mind about hiring you. That's legal. As for using your test work without permission, it might be sneaky but unless he explicitly told you it would NOT be used, that also seems legal. In any case, what are your damages? $50? $100? You're really going to go to small claims court for this?
 

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