Advice - General / Rights and why they are important
As a freelance journalist you own whatever you create, whether you have been commissioned or you have sold work "on spec" or from stock. It makes no difference if an editor comes to you with an idea: you own your expression of that idea.
As a freelance you have two kinds of rights in your work: "economic rights" (often called just "copyright") and what are called moral rights, which deal with protecting the integrity of your work.
Under UK law, specifically the Copyright, Designs and Patents Act 1988, copyright is the intellectual property right that authors have in the work they have created. "Authors" in this legal sense includes photographers, cartoonists, illustrators and other creators (as well as writers). We mean no offence to image-makers when we include them as "authors". Copyright protects against the use of the work without the author's permission and entitles the author to benefit from that work.
Under UK law employers own copyright in the works employees produce "in the course of employment" - which means in a Proper Job. (See also "Shift payments and copyright".)
Copyright applies just as much to the internet as anywhere else.
Freelances - hold on to your rights
Copyright is a valuable asset. If you own the rights in your work you are in a position to make money from it through, for example, syndication - for the rest of your life. (Your heirs can benefit from it for a further 70 years.)
In general it is a good idea to have a discussion of what rights you will licence when you are commissioned, as part of your negotiation over fees: see "Negotiating rates and rights" (linked below). The Confirmation of Commission form (linked below) lists a range of rights you might license to a client. Ticking the appropriate boxes on the form will make it clear to you and your client just what you have agreed.
Freelances come under pressure to assign rights - see below. Freelances are generally recommended to negotiate a basic fee for the first use of their work (for example in a magazine or newspaper) and sell the publisher additional licences for other specific uses. Each constitutes a separate usage of the work. Often, magazines and newspapers expect use of a text online to be included in the one fee for print use - especially when the print edition is an edited extract of the website ("online-first" publication).
Resisting rights grabs
Media companies often ask freelances to "assign" (hand over) all their rights, sometimes still citing as a reason the advent of electronic media, as if these were "new". Their aim is to acquire 100 per cent of any on-sales, in traditional media as well as electronic, so your work can be sold to other publications without any reference (or payment) to you. They also want 100 per cent of the income from fees that libraries and clippings agencies, for example, pay for reproducing your published or broadcast work - see "Collecting societies pay for copying", below.
Some publishers issue "weasel" contracts that acknowledge you own your copyright, but go on to demand an all-encompassing range of licensed rights, for little or no extra payment. This is like them saying "We were asking for the freehold to your house for the price of a month's rent, but now we just want a 999-year lease for the price of a month's rent."
Try to resist these rights-grabs. Many freelances, individually or in groups, have successfully done so. Retaining copyright is more than just a principle - material may be sold on to other publications or electronic media, sometimes for fees that are far greater than the original commission. See "Show me the money", linked below.
Retaining rights can also be important to a freelance in maintaining their reputation - and without a reputation a freelance has no work and no sources. Anyone who has assigned all rights in their work may find it showing up in places that harm their reputation. See "Moral rights", below.
A freelance may for example have promised musicians that their interview will not appear in a particular tabloid. A freelance may want to maintain a reputation for independence by stopping their work appearing in PR material. All will want to respect the NUJ Code of Conduct, which commits members not to allow work to be used in advertising: specifically not to
...by way of statement, voice or appearance endorse by advertisement any commercial product or service save for the promotion of her/his own work or of the medium by which she/he is employed
If you actually agree to assign all rights, the price should be high - more than four times the fee for a normal licence, and much more than that if you already have reason to suspect your work will be sold on.
Respect must be mutual
Freelances, like staff, should ensure that they do not breach the rights of other authors (including illustrators and cartoonists and photographers).
Remember too that software, including fonts, is subject to copyright. Even free software is issued under a copyright licence which specifies how you may copy it.
Politely resist any suggestion from commissioners (who may know no better) that you breach the rights of other authors, illustrators or photographers.
UK law defines a strictly limited number of ways that works can be used without the author's permission or payment to them, such as including them in exam questions. These uses are called "fair dealing" - the equivalent exceptions to copyright in US law are called "fair use". See "Some things you should know about quoting", linked below, for the main points affecting freelance journalists, and the Copyright Designs and Patents Act (also linked below) for details.
Some changes were made to UK law in October 2014. These included the rather slack concept of permitting "quoting" a photograph. and a provision for "fair dealing" for the purposes of parody. The NUJ campaigned vigorously and successfully to oppose sillier proposals. We are not aware of any practical effects of these changes on journalists since then. If you come across one, contact email@example.com
Finding out more about copyright
For more information on copyright and how the NUJ has been tackling this thorny problem, see the NUJ publication Copyright for journalists and writers, free to NUJ members from the Freelance Office and the link below.
The important moral rights are the right to object if your work is distorted, and the right to an accurate credit. These are obviously important to protecting and to spreading your reputation - and without your reputation you have no work.
Any pressure to "waive" these rights needs to be resisted. These rights are particularly important in the age of digital publishing, which makes misattribution and distortion of work much easier than they were on paper. Here's how they work...
As long as you have signed nothing, you should retain copyright in your material done as a freelance. If, however, you receive a communication from a publisher requiring all rights, and you want to retain them, you must write back and refuse. Silence may legally be regarded as agreement.
Writers and photographers are entitled to extra money from companies and organisations that make "secondary use" of their work, for example photocopying. To be sure of receiving this, and other payments for such "secondary uses" UK freelances need to register with ALCS (for book and magazine writers) and/or DACS (for photographers, illustrators, and so on).
All journalists are encouraged to sign up to these services, and keep them updated on what you have published. If your work has appeared in books, you may find money already waiting for you to claim. See the links herein...
Book authors, illustrators and translators are also entitled to payments for lending of their work by libraries. UK law says you are entitled to Public Lending Right (PLR) payments because you are the author.
To get paid, you have to register. Here's how...
Where freelance writers agree to license the original publisher to conduct on-sales of their work to other print publications (traditional syndication), the industry's custom and practice has been to split the gross revenue 50-50 between the writer and the publisher. Freelances handling their own re-sales collect all the syndication proceeds.
Who owns the work of someone paid by the day? The Copyright Act is clear that the exclusion of employees from copyright applies to "work done in the course of their employment" - which would seem to mean an actual job...
The United States is unique in requiring that you register works to gain effective copyright protection. You should therefore consider registering your copyright in your words and pictures in the United States if it seems likely that it will be infringed there. Here's how...
Text © Mike Holderness & previous contributors; Moral rights asserted. The collection (database right) © National Union of Journalists. Comments to firstname.lastname@example.org please. You may find the glossary helpful.
The National Union of Journalists must not, can not and would not wish to dictate rates or terms of engagement to members or to editors. The information presented here is for guidance and as an aid to equitable negotiation only.
Suggestions apply to contracts governed by UK law only. In any event, nothing here should be construed as legal advice.