By the end of this post, you’re going to understand who owns the IP when you use guest bloggers and how to change that. You’ll also learn about some alternatives to asking for IP ownership when working with guest bloggers and contributors. So here we go.
Who owns the IP when you’re working with a guest blogger?
Let’s say a guest blogger writes a really great post, or even a guest vlogger on your video show creates really great content that you publish under your brand. Who owns that content?
Well, by default, the guest blogger owns that content. Unless you have something in writing, that’s signed, of course, the author of that creative work, that post, owns that content.
Now, if you wanted to change that, you could enter into what’s called a Work-for-Hire/ IP Rights Agreement. Essentially, that type of agreement says, I, content creator, grant all of the rights to this post, this work product, to you, blog owner.
Alternatives to asking for total copyright ownership
First Publication Parameters and Exclusivity
Now depending on the platform, depending on the guest blogger, they may not want to give up all rights to their blog post. So there are some alternatives that you can consider depending on your relationship.
The first is first publication rights. Essentially, if you don’t ask for IP ownership, it’s reasonable to ask for first publication. This means you are the one that gets to be the first to publish this post or this video. And it’s reasonable to ask for a certain period of exclusivity. Think of exclusivity as a certain amount of time where you are the only one that publishes this content on the internet and the guest blogger has to wait a certain amount of time before they can republish it elsewhere like medium or their own blog or platform.
Attribution (You know. Credit.)
Second, let’s say this is stellar, stellar content. And for that stellar content, you, the blog owner, have provided this great platform and this great audience that has caused this post or this video to go viral. You as the blog or platform owner may not ask for ownership. But, to the extent that this one post turns into something more — maybe it becomes the catalyst for an e-course or maybe it becomes part of a print publication like a coffee table book, or another type of written work. Well, you can require, as the blog owner, the platform owner, attribution, such as “this post originally appeared on such and such a blog at such and such a date, and is reprinted by permission” or simply stating it was originally published on your blog.
What happens if someone infringes on the contribution?
And then something else to consider when using guest bloggers or contributors is the question of what happens if that post that video that contribution is infringed? Well, this is why some kind of contributor agreement is a good idea, right? You want to make clear who owns the IP to that contribution. But you also want to be sure who has the right to enforce it. If there’s an infringer, without a written document, there might be a question of, okay, who gets to who sends the cease and desist letter, the blog owner, or the guest content provider? A good contribution agreement will speak to that.
I hope this gives you an idea of things to think through in terms of who owns the IP when using a guest blogger or guest contributor. You have some alternatives that you can ask for or discuss, like first publication, and also thinking about attribution and requiring credit if that content turns into something more. Then, of course, think about infringement and who has the right to enforce when someone has copied that guest contribution.