Expert: Kacey Cahill - 1/13/2009

Question
If I published an article on a website for free then it got syndicated by another site doesn't that mean that the other website is using my article on their website? Can I get paid for that? Can the other website take my article without my permission?

Answer
Phoebe.

If you write an original article, you own the copyright in it.  Whether or not you publish it, you have the right to prevent others from copying it unless you have given them permission to do so.  Just because you allow people to view your article for free does not give them permission to copy it and use it on their website.
You need to obtain a copyright for the article before you can sue someone (pretty easy and straightforward -- either do yourself through the copyright office or through a legal service), but you can begin communicating with them (after you file)

If they indeed copied your article, you can stop them entirely from using it, or you can negotiate a deal with them -- giving them permission for a fee.

As an aside, people who have original works up on the Internet are in better shape when they post terms and conditions to the use of the information -- for instance, they say something like -- this is a copyrighted work owned by me and you are not authorized to copy it.  If you wish to copy it, please contact me at......

I hope I have helped you in some way, but please keep in mind this advice is intended for educational purposes only and not as legal advice.

Should you require further assistance, please consult a lawyer.  

Kind regards,

Kacey Cahill
kcahill@kaceylaw.com
www.kaceylaw.com