Impossible to talk about web writing without mentioning copyright! Today we offer you an update on this essential protection for freelance writers.
Definition Of Copyright
A constituent element of intellectual property, copyright covers works:
From the moment an object, text, or product is produced from A to Z by a person, that person is covered by copyright. No use is possible without its prior agreement and compliance with the conditions imposed.
Do you know your rights in web writing?
The moral and property rights offered by intellectual property:
The moral law is to recognize the author as the creator of a work or an inventor of a product. It is an official recognition of his work.
As for property law, it gives total control of the work. The latter is also registered in the heritage of the author.
When he dies, it is left to the heirs, who, in turn, benefit from the copyright in work, but for a period limited to 70 years. After this time, the creation falls into the public domain.
The web editor eligible for copyright
Obviously, as a web editor, you are eligible for copyright. If you have your blog to promote your business, all the articles published on it belong to you. Nobody can reproduce them (all or part), without having asked you for the prior agreement.
But what happens to an article in web writing you write for someone else?
Copyright can be lifted under financial conditions and fortunately for you because it is what allows you to earn a living!
Did you know?
When you sign a service contract, without mentioning otherwise, you give your copyright to the customer. He can, therefore, use your text on his behalf.
The possibility of assignment of copyright
As we have just pointed out, copyrights can be transferred under certain conditions. A copywriter can profit economically from his texts and resell them entirely to an individual or a company.
Good to know
From this moment, he officially waives his rights and will have no recourse if the client decides to modify the content, sign it with his name or use it on other media than his blog.
A web editor can also assign a text under certain conditions. For example, he may require that it be his name that signs the article or prohibit its distribution elsewhere than on the client’s blog.
These decisions must result from prior negotiation.
Remedies for copyright infringement in web writing?
If you notice that a person has taken up your texts on his account or that the client has not respected the terms of the contract, it is articles L335-2 and L335-3 of the Intellectual Property Code that come into play. These are intended to penalize infringement of copyright.
Reproduction or counterfeiting involves the civil and criminal liability of the offender.
Did you know?
As a web editor, if you find that a client does not respect the contract or that another person copies your texts, you must start by gathering all the evidence, such as screenshots, the URL address, or the leaflets containing your writings.
Start by contacting the client or the offender to ask them to withdraw your text within a specified period. If the amicable discussions do not succeed, you have two possibilities:
- To seize the civil judge: by summons before the tribunal de grande instance.
- Seize the criminal judge: by filing a complaint with the public prosecutor.