Who Owns A Copywriter’s Work Product?

By | Business Contracts, Business Lawyer | No Comments

copywriting agreementWhether you’re a copywriter or someone who has retained one to prepare sales copy for your business, one of the most common mistakes made is to fail to identify who owns the intellectual property.

Is the copywriting work-for-hire that’s owned by the business or does the copywriter own it?

Two Ways To Handle Sales Copy Intellectual Property

The best way to handle this issue is to address it clearly in the contract between the parties (the project’s copywriting agreement) before the work begins.

However, you can also address it with legal documents after the fact if needed. This could include a copyright assignment and/or a license to use the work depending upon what the parties agree upon. Unfortunately, doing it afterwards may be more difficult because both parties have likely operated under the assumption that they each own the sales copy to do with as they please in the future.

Where To Get Help With Copywriting Ownership

An experience business lawyer who understands direct response copywriting can provide you with the right legal documents to help you get what you want when it comes to intellectual property ownership. To get help from Attorney Mike Young with this issue, the first step is to schedule a phone consultation today.

Why Get A Sales Copy Legal Compliance Review

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Whether you’re using sales copy online or offline, you’ll want to make sure it complies with applicable law and regulations.

Of course, this is true whether you’re marketing business-to-business (B2B) or business-to-consumer (B2C). And whether you’re selling products, services, or a combination of the two.

Because the wrong sales copy can get you sued, investigated by the government, fined, or in some cases, even arrested!

Now, don’t just rely upon your copywriter to know what can and cannot be said in your sales copy…unless your copywriter also happens to be an experienced lawyer who focuses on this type of legal compliance.

At our firm, Business Attorney Mike Young performs sales copy legal compliance reviews. Not just a lawyer, he also understands marketing (including direct response copywriting).

Naturally, if you want his help, the first step is to set up a phone consultation to discuss what you want reviewed.

Books for Website Owners – June 25, 2015

By | Internet Lawyer | No Comments

Title: Web Copy That Sells: The Revolutionary Formula for Creating Killer Copy That Grabs Their Attention and Compels Them to Buy

Author: Maria Veloso

Reason to Read:

In this third edition of the book, the author reveals what it takes for business owners to convert website visitors into sales. This is not simply a rehash of the prior two editions. Veloso stays current with Internet marketing trends, identifying what works with online sales copy now. Whether you’re a professional copywriter or a do-it-yourself business owner with an ecommerce website, this book is a must-have addition to your library of resources.

Just remember not to lie or mislead with your web copy. In addition to being effective at conversions, you also want to obey applicable Internet laws and regulations so that you can avoid expensive lawsuits.

Key Quote:

“Words are the true currency of the web. The single most important ingredient in a commercial website is web copy. Words make the sale, and no amount of cool graphics, interactive bells and whistles, cutting-edge design, or sophisticated e-commerce infrastructure could ever compare to the selling ability of compelling web copy.”

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7 Things Every Copywriter Should Include In A Copywriting Agreement

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copywriting agreement

When you create professional sales copy for a living, you know that words are important. And from a legal standpoint, a copywriter should use a written copywriting agreement with clients.

Why?

A written contract protects you from legal risks in addition to eliminating confusion about the scope of services you offer.

Related Article: Gentleman’s Agreement – How To Avoid Getting Screwed

For example, some copywriting clients mistakenly believe that copywriting includes graphics design and other work beyond sales copy.

Factors to consider for your copywriting agreement

When creating the written copywriting contract template you will use for your professional writing services, it’s important to consider these issues…

1. Who owns what legal rights to the sales copy? Can you recycle/repurpose the work for another client?

2. What services are included as part of the copywriting gig?

3. Equally important, what services are excluded from the project?

Related Article: Freelance Agreement – 7 Ways To Protect Yourself

4. Where and when will the copywriting be done?

5. How and when will you get paid?

6. How many revisions (if any) are included in the price of your copywriting services?

7. If a client is unhappy with your work, how and where will you resolve the issue?

Is there a generic copywriting agreement form you can use?

It’s important to note that there isn’t a one-size-fits-all business contract floating out there in cyberspace that meets your unique needs as a copywriter and provides you with the legal protection you want.

Even if you find one that appears to cover many of the issues, unless you have the legal experience to spot what’s missing, it can expose you to unnecessary legal risks.

And, of course, just as you wouldn’t “borrow” someone else’s work and pass it off as your sales copy, it’s risky (for copyright infringement and other reasons) to take someone else’s copywriting agreement and use it in your business.

Let’s face it…A professional copywriting agreement that helps you get paid by clients and avoid lawsuits is a wise investment in your business.

Related Article: Breach Of Contract – 5 Steps To Avoiding A Costly Lawsuit

Now, naturally this means the safe course of action is to get a copywriting contract template drafted by a qualified business lawyer that meets your individual needs.

And if your copywriting services include Web copy, you’ll want to have an experienced business contracts lawyer prepare the copywriting agreement you’re going to use with clients.

Michel Fortin Discusses How to Succeed in Business Online

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copywritingIn his recent blog post, Disillusioned Copywriter Demands The Truth, Michel Fortin reveals fundamental truths about how to succeed in business both as a copywriter and online as an Internet marketer.

Fortin’s post is worth reading at least twice because you will miss some of it the first time through. I recommend reading it once, taking a 15-minute break to analyze what you just read, and then come back for a second look.

Some key things to note from Fortin’s advice are: Read More