Questions about copyrights for Independent Contractors

[Arkisaeo]

Hello all.

I work as an independent contractor/freelance and an issue recently came up, involving an ex-client of mine, and I'm not sure what to do about it (or what my options even are).

Back in 2011, this guy became my client. He wanted me to write a bunch of articles about pet care for his blog, which I did.
I stopped writing for him last summer.

Now, the issue:

I recently discovered that he copyrighted all the content I wrote (word for word) under his name, and had it published as a book.

From what I understand about copyrighting, since I am the original author of the content, I should be the owner of the content.
I also understand there is a "work for hire" issue, which is where I am confused.

In the time that I wrote the blog posts for him, there was never any "work for hire" agreement, nor any agreement that he would be allowed to copyright or take credit for content he really had nothing to do with.
He also had very little control over the work done. In fact, the most he could really do was set the weekly hourly limit and that was it. He had no control over the actual schedule of hours worked (ex. he couldn't make me work from 10 am to 5 pm everyday, "or else!"), he had no control over taxes, or benefits, or anything else.

So, I'm wondering, is there anything I can do about this? And if so, what can I do?

The way I see it, as an independent contractor, the content should be mine, and it seems as if he essentially stole it.
What if I wanted to use the content to publish my own book, would I have to get permission from him to do so, even though I wrote it?

Is there a way to remove his name from the copyright, or get royalties, or anything of the sort?

Thanks for whatever info/advice you have.

 

[justalayman]

How much money do you have to put towards this? Can you prove you wrote the articles?

 

[Arkisaeo]

I have very little money at the moment (thanks to taxes and some unexpected circumstances), but saving up would be no problem, maybe a few thousand at best (for now).

I have all the original research, editing, and final documents.
I also have all the messages we sent back and forth, which include messages that show I sent the files to him for review.

 

[quincy]

Hello all.

I work as an independent contractor/freelance and an issue recently came up, involving an ex-client of mine, and I'm not sure what to do about it (or what my options even are).

Back in 2011, this guy became my client. He wanted me to write a bunch of articles about pet care for his blog, which I did.
I stopped writing for him last summer.

Now, the issue:

I recently discovered that he copyrighted all the content I wrote (word for word) under his name, and had it published as a book.

From what I understand about copyrighting, since I am the original author of the content, I should be the owner of the content.
I also understand there is a "work for hire" issue, which is where I am confused.

In the time that I wrote the blog posts for him, there was never any "work for hire" agreement, nor any agreement that he would be allowed to copyright or take credit for content he really had nothing to do with.
He also had very little control over the work done. In fact, the most he could really do was set the weekly hourly limit and that was it. He had no control over the actual schedule of hours worked (ex. he couldn't make me work from 10 am to 5 pm everyday, "or else!"), he had no control over taxes, or benefits, or anything else.

So, I'm wondering, is there anything I can do about this? And if so, what can I do?

The way I see it, as an independent contractor, the content should be mine, and it seems as if he essentially stole it.
What if I wanted to use the content to publish my own book, would I have to get permission from him to do so, even though I wrote it?

Is there a way to remove his name from the copyright, or get royalties, or anything of the sort?

Thanks for whatever info/advice you have.

In what U.S. state do you reside, Arkisaeo, or, if not living in the U.S., in what country do you reside?

If you have already contacted your ex-client and the result of the contact has not resolved the copyright ownership, what you will really need is to have an attorney, in whatever area of the world you happen to reside, personally review all of the facts and specifics of your situation.

It is impossible to tell you without a review of all facts (the blog posts, the book, the copyright registration, the receipts...) whether you are, first of all, the legitimate owner of the copyrights or not. If this fellow has registered the copyrights in the written works, however, he will be looked at by the courts as the presumed owner of the copyrights.

Because he is the presumed rights-holder, you should not use the published works yourself until the ownership of the words and works is clarified and the issue resolved.

You are correct that to transfer all copyrights in a work from the creator of the work to someone else, there must be a written agreement and these written agreements are frequently work-for-hire agreements. These can be employer/employee agreements whereby the copyrights in all works created by an employee within the scope of his employment become the property of the employer.

Good luck.

 

[Arkisaeo]

Both myself and my ex-client live in PA.

I haven't contacted him yet on the matter, because I was not sure if it would be a good idea to confront him directly, without any kind of legal advice first.

Is it possible to get an estimate on how much all this would cost...legal fees and whatnot?

 

[quincy]

Yes, it is possible to get an estimate as to how much it will cost. You do that by calling various and assorted attorneys in your area, setting up consultations to review the facts, and asking them for estimates on the cost to pursue the matter.

Good luck to you.