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Topic : Re: Who owns the copy if a copywriter provides copy as a paid service? I build websites. I've used a copywriter to provide the website copy, the client paid the writer directly. I placed copyright - selfpublishingguru.com

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In work-for-hire arrangements, the paying customer usually owns the copyright. It sounds like there was nothing in writing or any discussion about whether it was work-for-hire or simple use of the writer's text.

Without the terms stated explicitly, there is a lot of ambiguity. Some things to ask:

Did the author have a byline in this text?
Did the copyright statement say Copyright by John Smith or Copyright by ABC Company?
Was there any mention of exclusive use of the text? Was there discussion of time limits?
What country is this in? (Non-US countries have "moral rights" for the author but an equivalent doesn't exist in USA). en.wikipedia.org/wiki/Moral_rights
I think the answer depends on whether this was a work for hire arrangement or whether the author retained copyright control but authorized a specific use to the client.

I am not a lawyer, etc.

Check out these links about work-for-hire arrangements in USA www.copyright.gov/circs/circ09.pdf and en.wikipedia.org/wiki/Work_for_hire
From the federal copyright doc:

A work created by an independent contractor can be a work made for hire only if (a) it falls within one of the nine categories of works listed in part 2 above and (b) there is a written agreement between parties specifying that the work is a work made for hire.

I interpret that to mean that without a written agreement using the specific phrase "work for hire", you have to assume that the author retains copyright and is granting use to the client.


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