My Old Boss Stole My Byline

[RoJL5]

I left my old employer a year ago, where I was the main writer for a website and authored hundreds of articles. I just realized that at some point he changed the byline of every article, deleting my name and leaving his own. I was a contractor and was paid per hour, then later per article. Everything was legitimate - I paid taxes and everything - but I don't think I signed any kind of agreement with him about who has rights to my work. I guess he "owns" the articles because he paid me to write them, but is he able to pretend he wrote them all? Do I have any recourse?

Thanks

[Lehk]

first confirm that it was in fact intentional, depending on the software setup he may have changed the info on the profile from your info to his when he started writing and you left, resulting in the byline getting changed.

he may not be intentionally plaigerizing, he may just not know what he is doing with the software

[flyingron]

Plagerizing is not a copyright issue.

It sounds like the site was a work for hire. If the employer has a right to display the content on their site, they almost certainly have the right to alter it.

[Mr. Knowitall]

Plagerizing is not a copyright issue.

It's a spelling issue.

It sounds like the site was a work for hire. If the employer has a right to display the content on their site, they almost certainly have the right to alter it.

If she was an independent contractor, "work for hire" doctrine only applies if there is a written contract between the parties that transfers copyright.

[flyingron]

She said "old employer." IC's do not have employers.

[aaron]

She said "I was a contractor", so it reasonably follows that she was an independent contractor. About a third of the independent contractors who post here speak of their clients as if they're employers, often because they only have the one client and have not fully processed the fact that an independent contractor is self-employed and works for clients.

[RoJL5]

I called myself a contractor because I was not an official employee, I pay taxes but he doesn't owe me unemployment or benefits or anything like that. I think he was violating some laws because he'd have these "contractors" in the office for years and pay them hourly and they functioned just like employees, but missed out on the perks of real employment. And it was not a software error, he intentionally changed the bylines (which must have been tedious) and responded to my email with, "Too much media calling, and I want them to find only me". The guy's a dick, but I guess he does own the articles. Even though we never had any kind of written agreement about ownership.

[Mr. Knowitall]

At the end of the year did you get a 1099 or a W-2?

[RoJL5]

1099

[Mr. Knowitall]

Then you're an independent contractor.