Topic: contract question...

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razorness Posted – 7/23/2008 4:29:09 PM | show profile
Hello:

I'm writing an online piece for a national magazine and they have sent me a work-for-hire agreement. I'm OK with the work-for-hire as long as I can re-slant/re-write the topic to sell elsewhere. Does this contract wording permit me to do this?

Grant of Rights: (a) It is agreed that the Work shall be a work-made-for-hire within the meaning
of the Copyright Act, and Company shall own all rights, including copyright, therein throughout the world.
In the event the Work is deemed not to be a work-made-for-hire for any reason, Freelancer hereby transfers
and assigns the entire copyright (for the full term of copyright), throughout the world, in any and all media
and forms of publication, reproduction, transmission, distribution, performance, adaptation, enhancement or display now in existence or hereafter developed, in the Work, to Company. (b) Company may use
Freelancer's name and likeness in publishing, promoting, advertising, and publicizing Company and the
services in which the Work appears, and in merchandising.
JimmyG Posted – 7/24/2008 12:21:45 PM | show profile
They're buying the article as written, not the topic. Ideas can't be copywritten, nor can research or quotes. I wouldn't try and sell the same topic to a direct competitor within a reasonable period of time out of professional courtesy, but I see nothing here that would prevent you from rewriting/reslanting it for a newspaper or magazine.
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