Hello,

I wrote a sales letter for a lady who's starting up her business again. Any way I wanted to know if I need to copyright anything so she can't just go out, and copy these herself.

I am new to all of this, and this will be my first job. I'm not getting paid for the first 5 flyers, but we did speak about payment after she starts generating business. Also I mentioned wanting to use her for a testimonial. At least this way I will have something for my portfolio.

So your help would be appreciated.

Thanks everyone,
April

I'm no legal expert or anything, but the work belongs to her if commissioned (as compared to poets or fiction writers). Unless specified in writing, she can do with it as she pleases.

Someone correct me if I've erred in my simple explanation.

Speaking of payment, you phrase it exactly that way-- speaking of payment. I'd recommend getting something firmly established in writing, as in a letter of agreement detailing payment arrangements, etc. The letter could take off, and she could hypothetically deny ever agreeing to anything. If it's someone who doesn't want to cough up, just arrange a royalty-based payment (perhaps with a deposit up-front, but I know how tough it is to get going).

Alex Stiner

Hi April,
My suggestion is to get a written agreement. The agreement I've used actually stipulates that until all "initial" payments are made, I have "full" rights to the copy.

This way if they try to use the copy without paying me, they have just violated and breeched the contract.

Some clients don't like this, but if you want to cover yourself you should seek the help of a contract attorney to have something that is written up specifically for your own business.

If you have a client that won't sign "any" agreement, then dump them - ON The Spot!

I had mine written for less than a hundred bucks!

April,

Your work is yours until you transfer ownership to your client. If her site, flyers or whatever use your copy but have a (C) symbol in her name, then you cant do anything about it.

As Alex said, put it in writing and I would even say all work becomes the property of the client only after payment has been made according to agreed upon terms. Then list those terms in writing.

That way, it keeps her honest in case of non-payment.

Good luck.

I know Sammer has already covered this, but just to make it slighly more clear:

The default position is that all copyright remains with you unless you expressly sign it over. This is regardless of who pays what and when.

I've never quite figured out how this actually works in practice. My understanding is that the client can use your work for the agreed purpose, but can't create derivatives or use it for other things. So, if you've agreed to let the client use your work for a flyer, she can't then use that work on a website or in a direct mail letter.

Enforcing this is another matter, and if the client changes the copy, then it becomes debateable as to whether it's a derivative work or considered to be totally separate etc. And that's when it starts to get very confusing.

I agree with the comments about getting something in writing. It's far too easy for relaxed, casual conversations to become millstones around your neck at a later date. Even though you need the work for your portfolio, if she ends up having a successful campaign, you may end feeling hurt or resentful if she doesn't compensate you appropriately.

For now, you might want to say that the copyright rests with you and she can only use your work on this one batch of fliers.

Hope this helps,
Jane

Thank you all so much, so from all of this I will create some type of letter. This way we can sign it, and have maybe a notary also sign it.

I even thought of saying you can use these three flyers, and if they are successful let me know since I have the copyrights. Then we can work form there. Coming up with a fee etc.

Thanks Again,

April

If it will help, here's my standard contract that I use:

Work-For-Hire Agreement


This sales agreement is made on , between Copy For Sale, a company existing under the laws of the State of Ohio, with its principal office located at 56 E State Rd, Cleves 45002 (known in this contract as “seller”), and _____________________, a company or individual existing in the State of ______________, at _______________[address], ______________[city], ____________[ zip] (“known in this contract as “buyer”).


Seller to complete the following work -













Seller agrees to complete above work on or before _________________

The seller will provide this service on a “work for hire” basis, and buyer shall own all rights to the work in its name or otherwise. Seller reserves the right to use buyer’s name (and the work performed) as a portfolio reference. Seller may not print work directly or otherwise broadcast material, but may refer to it and describe it to potential clients, and may link to buyer’s website as testimony to seller’s experience.

Seller warrants that the work will be an original work that has not been in the public domain or previously created, and that the work will be free of any unauthorized extractions from other sources.

Buyer has the privilege of referring to seller as a vendor.

Seller’s estimated price for these services is . If, after seller begins work, seller deems original estimated price too low because [A] seller underestimated research time [b] seller underestimated writing time, or [C] seller underestimated value of services, seller will contact buyer and explain new price estimate before continuing with work. Seller will then rewrite contract and this contract becomes null and void.

Buyer will pay % of seller’s estimated price, as a down payment, before seller begins work. If seller deems original estimated price too low for reason’s mentioned above, and buyer disagrees with new price estimate, seller will repay buyer’s down payment in full within 10 days of buyer’s disapproval. If seller is unable to complete services by the above specified date, seller will repay buyer’s down payment within 10 days of above specified date. In all other circumstances (unless otherwise agreed by buyer and seller), buyer’s down payment is non-refundable.

Buyer will pay the remaining percentage of original estimated price within thirty days after seller completes work. If buyer does not pay remaining percentage within specified time, buyer looses all publishing and other rights to any and all of seller’s work.



Seller’s Name_____________________________________

Seller’s Title____________________________________-

Seller’s Signature-





Buyer’s Name ____________________________________

Buyer’s Title ____________________________________

Buyer’s Signature ___________________________________ Date _________________