My company is posting my writing without crediting me, is this ok?
May 9, 2013 7:34 PM
I was hired as an Instructional Designer for a firm that provides professional ID and technical writing services to companies throughout the U.S. I was asked to write some marketing articles about instructional design topics since I was considered an "expert". Now those articles are appearing on our company's blog, but without crediting me in any way as the writer.
My question is whether accepting employment as an Instructional Designer (with some job duties as a Technical Writer) is considered a work-for-hire situation. There is no language in my employment offer or the company employee manual that includes this clause. Do I have a right to insist on some sort of byline? For the record, other people at the company have been given credit for their articles, and I've yet to hear an explanation why my articles haven't.
Also, is this a big deal? I feel like it is, and my newspaper editor friend says it is, but I'm trying to decide whether I need to escalate or just let it go.
My question is whether accepting employment as an Instructional Designer (with some job duties as a Technical Writer) is considered a work-for-hire situation. There is no language in my employment offer or the company employee manual that includes this clause. Do I have a right to insist on some sort of byline? For the record, other people at the company have been given credit for their articles, and I've yet to hear an explanation why my articles haven't.
Also, is this a big deal? I feel like it is, and my newspaper editor friend says it is, but I'm trying to decide whether I need to escalate or just let it go.
There is no language in my employment offer or the company employee manual that includes this clause.
In the United States, work by a company employee is, by default, work for hire. Unless the contract explicitly disclaims work for hire or requires attribution, your employer hasn't done anything wrong. Since your job explicitly included technical writing, it is "within the scope of [your] employment", making it a work for hire situation.
For the record, other people at the company have been given credit for their articles, and I've yet to hear an explanation why my articles haven't.
That's irrelevant - in general, your employer can chose whether or not to give credit for any particular piece of work.
Also, is this a big deal?
What's your goal here? Even if they are legally obligated to credit you, if they don't give you credit by you simply asking them, you will have to sue them to get credit. I highly doubt that the attribution is worth a lawsuit. Feel free to ask, but if they say no, I think you're better off dropping the issue.
posted by saeculorum at 7:51 PM on May 9, 2013
In the United States, work by a company employee is, by default, work for hire. Unless the contract explicitly disclaims work for hire or requires attribution, your employer hasn't done anything wrong. Since your job explicitly included technical writing, it is "within the scope of [your] employment", making it a work for hire situation.
For the record, other people at the company have been given credit for their articles, and I've yet to hear an explanation why my articles haven't.
That's irrelevant - in general, your employer can chose whether or not to give credit for any particular piece of work.
Also, is this a big deal?
What's your goal here? Even if they are legally obligated to credit you, if they don't give you credit by you simply asking them, you will have to sue them to get credit. I highly doubt that the attribution is worth a lawsuit. Feel free to ask, but if they say no, I think you're better off dropping the issue.
posted by saeculorum at 7:51 PM on May 9, 2013
Okay, former freelance writer, current communications professional in a large multinational:
Do I have a right to insist on some sort of byline?
No, not really. You are an employee, and you were asked to write something, for them, on their time. Further, "insist" is really the wrong way to be going about it here. What outcome do you want? Just ask for your name on it, as you want to use it as a personal brand building exercise.
other people at the company have been given credit for their articles
Are they executives, or "stars" (ie selling points) for the company? Do they market themselves in general? That's probably your answer, there.
Also, is this a big deal? In my experience, absolutely not. With respect, your newspaper editor friend clearly has no idea how this kind of thing works outside of a newspaper environment. It is more common than uncommon in a business setting and not unusual in any way shape or form. The vast majority of my work writing goes without a byline - indeed, often I ensure that it does so.
I'm trying to decide whether I need to escalate or just let it go.
Friend, there is nothing to "escalate" here. By all means, ask for a byline if you want it; they will probably be happy to add one lacking a compelling reason not to. But demanding or insisting on it will go badly for you, I promise, as a professional in this field. You may get the byline, but you will lose credibility and goodwill if you go in guns blazing.
posted by smoke at 7:53 PM on May 9, 2013
Do I have a right to insist on some sort of byline?
No, not really. You are an employee, and you were asked to write something, for them, on their time. Further, "insist" is really the wrong way to be going about it here. What outcome do you want? Just ask for your name on it, as you want to use it as a personal brand building exercise.
other people at the company have been given credit for their articles
Are they executives, or "stars" (ie selling points) for the company? Do they market themselves in general? That's probably your answer, there.
Also, is this a big deal? In my experience, absolutely not. With respect, your newspaper editor friend clearly has no idea how this kind of thing works outside of a newspaper environment. It is more common than uncommon in a business setting and not unusual in any way shape or form. The vast majority of my work writing goes without a byline - indeed, often I ensure that it does so.
I'm trying to decide whether I need to escalate or just let it go.
Friend, there is nothing to "escalate" here. By all means, ask for a byline if you want it; they will probably be happy to add one lacking a compelling reason not to. But demanding or insisting on it will go badly for you, I promise, as a professional in this field. You may get the byline, but you will lose credibility and goodwill if you go in guns blazing.
posted by smoke at 7:53 PM on May 9, 2013
other people at the company have been given credit for their articles, and I've yet to hear an explanation why my articles haven't.
Ask for credit then. Generally, though, no, people don't get their names on these things.
posted by heyjude at 8:03 PM on May 9, 2013
Ask for credit then. Generally, though, no, people don't get their names on these things.
posted by heyjude at 8:03 PM on May 9, 2013
This happened to me once at my previous job, and I simply told my manager "I want my name attached to the articles I wrote for the company's site." Later that day my name was added. Don't waste your time wondering if excluding your name is "okay." Just tell them what you want.
posted by joan_holloway at 8:10 PM on May 9, 2013
posted by joan_holloway at 8:10 PM on May 9, 2013
I have had my name credited with everything I've done as an employee, with the exception of employment where I had to sign a contract that stated upfront I could not.
Granted...in those times...I didn't try as much...
Just demand that they do it, and look into your local laws, but my understanding is Yes, they have to credit you. (IANAL)
posted by QueerAngel28 at 8:14 PM on May 9, 2013
Granted...in those times...I didn't try as much...
Just demand that they do it, and look into your local laws, but my understanding is Yes, they have to credit you. (IANAL)
posted by QueerAngel28 at 8:14 PM on May 9, 2013
If you're in the US, no, they don't have to credit you, as others have pointed out. The cool thing is that even if you don't get a byline, you still wrote it, and it still goes in your portfolio for showing to future employers or publishers as an example of what you can do.
posted by ceiba at 8:17 PM on May 9, 2013
posted by ceiba at 8:17 PM on May 9, 2013
It's worth asking if they will credit you.
Either way I would save these articles for your future portfolio.
posted by radioamy at 8:42 PM on May 9, 2013
Either way I would save these articles for your future portfolio.
posted by radioamy at 8:42 PM on May 9, 2013
They can do whatever they want, I presume, because it was part of your work duties and then they can use the work you do how the company sees fit. But that said, as a writer myself, I'd definitely want credit if it was something being published and it was something I took care to write well. You could try asking. Maybe fish around and see who puts the blog together or how your stuff ends up there. Then maybe you can then talk to the right person about it, rather than going to a boss who probably doesn't give a shit about the company blog and doesn't want to be bothered with something that to a non-writer could be seen as petty.
posted by AppleTurnover at 10:16 PM on May 9, 2013
posted by AppleTurnover at 10:16 PM on May 9, 2013
I haven't gotten a byline for the majority of things I've written for employers over the years, because I don't write for periodicals. I'm corporate communications, or speech writing, or in other ways the "voice" of the organization, but it's the organization providing the information, not me. People are going to google the subject or the company, not the staff writer. All of it goes into my portfolio though, and there's never been a question from potential employers or others that I've written what I say I've written.
posted by headnsouth at 4:46 AM on May 10, 2013
posted by headnsouth at 4:46 AM on May 10, 2013
Do the company's blog articles have bylines for other people? That is, is it just your articles that are uncredited, or is it a blog policy tantamount to The Economist's? That said, you might suggest that the text being credited to someone who works at the company might look better than something some random consultant came up with or whatever, and that the company is a company who has an expert on staff.
posted by rhizome at 9:43 AM on May 10, 2013
posted by rhizome at 9:43 AM on May 10, 2013
I've been working in communications professionally for almost twenty years. I don't know if I've ever had a by-line for paid work. Often, someone else's name goes on the by-line, since I'm essentially ghost writing for the higher-ups in the organization. This includes in-house periodicals and op-ed pieces in newspapers and magazines.
If you are hoping to make a name for yourself as an expert in instructional design, it might be worthwhile to ask for a by-line. Probably it would help to build a case in support of your request. Do you have name recognition in your field? Will having your name on the blog add value for your employer? If not, then as headnsouth says, you are speaking on behalf of the organization of which you form one part and it's not really in their interest to have you stand out as a free agent.
posted by looli at 10:54 AM on May 10, 2013
If you are hoping to make a name for yourself as an expert in instructional design, it might be worthwhile to ask for a by-line. Probably it would help to build a case in support of your request. Do you have name recognition in your field? Will having your name on the blog add value for your employer? If not, then as headnsouth says, you are speaking on behalf of the organization of which you form one part and it's not really in their interest to have you stand out as a free agent.
posted by looli at 10:54 AM on May 10, 2013
Just to expand on my last point a little bit, I have had colleagues who got by-lines on feature length pieces for the org's publications but that is because they established themselves as writers in outside magazines. If Joe Writer appears in Big Time Magazine and also in Our Little Newspaper, it lends some of his lustre to our in-house publication and attracts outside readers. It also makes the organization look good for having this well known writer on staff. Nonetheless, Joe Writer still also wrote a bunch of smaller pieces that would have gone uncredited in addition to a big feature article.
posted by looli at 11:00 AM on May 10, 2013
posted by looli at 11:00 AM on May 10, 2013
I interned at a place where articles were not bylined but my name was on the masthead. Recently, I wrote something for my organization's website. I also took pictures that were posted with my writing. Someone pointed out that the story was bylined but the pictures weren't, making it potentially confusing (where did the pictures come from? Did they just appear?) Since then, they added a line saying that I wrote the story and took the pictures. They weren't maliciously leaving my name off of the photos. They just didn't realize that pictures should also be credited.
I would ask for a byline. I'd also make sure that these blog posts contribute to your online profile, bylined or not. When there's a new one, tweet the link and put it on LinkedIn. In general, I think that people understand that sometimes your writing appears places without your name when you work for an organization. I remember when I was in college, a newspaper printed a complete press release that I had written without my name. But if you are concerned, by tweeting the link and posting it on LinkedIn, it's as if you're putting a stake in the cyber ground, claiming that as your work.
posted by kat518 at 11:05 AM on May 10, 2013
I would ask for a byline. I'd also make sure that these blog posts contribute to your online profile, bylined or not. When there's a new one, tweet the link and put it on LinkedIn. In general, I think that people understand that sometimes your writing appears places without your name when you work for an organization. I remember when I was in college, a newspaper printed a complete press release that I had written without my name. But if you are concerned, by tweeting the link and posting it on LinkedIn, it's as if you're putting a stake in the cyber ground, claiming that as your work.
posted by kat518 at 11:05 AM on May 10, 2013
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posted by dawkins_7 at 7:51 PM on May 9, 2013