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Topic: Can Jack Legally Change Contents Under Adrian's Name?


Topic Posted by: Bevie
Date Posted: Fri Jul 18 9:25:43 2008
Additional Comments: Need some legal advice and unfortunately Mikey is too busy handling his Mother's constant problems, so I am asking, if anyone would know, is it legal to change the content of an article without the author's knowledge?  Sounds like it would be huge grounds for a lawsuit.  Anyone know???



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Posted by: Peaches
Date posted: Fri Jul 18 11:57:31 2008
Message:

Another question would be if Adrian could take legal action against Jack/Restless Style for any adverse professional ramifications that may result for Adrian due to the changes Jack made to the article under Adrian's by-line but behind his back.

I worked as a reporter for a newspaper for four years and we had an editor that, after we put the story to bed, would go back into the system and add to/embellish on what we already had written. I would see the story the next day and say to myself ''WTH!?'' This editor was notorious for twisting a source's words. Needless to say, this editor eventually was fired. That's why I got out of journalism - - too cutthroat and some editors are willing to sell papers/magazines at all cost.

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  • I would think Jack could be sued for what he did. Editing is one thing, but adding stuff that was not originally in tne article is something else. Adrian's reputation is on the line. Adrian is suppose to be a very good writer with morals and integrity. If he tried to get a job as a writer with other magazines, what Jack has done could ruin his chances, unless it is The National Inquirer, or some gossip magazine like that. I hope he does decide to sue Jack what Jack did was wrong. I agree with Victor when he said John would be ashamed of him, I think Jack knows that too......psychdiva
  • I hope that Victor realizes that Adrian isn't to blame, then he'll be in a position to help him. On his own, I'm not sure Adrian has the $ resources for a longterm lawsuit. Thanks to Colleen & Brad, and now Jack, Adrian's publishing career has been pummelled. eom/faysie

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    Posted by: Mira
    Date posted: Fri Jul 18 11:25:58 2008
    Message:

    I agree with ingyandbert.  Unless specified otherwise in the contract, Restless Style probably owns the copyright of the article as a work for hire. 

    Sabrina might well have grounds for libel, though.  I don't remember the whole article, but I wouldn't be surprised if Victor at least tried to go that route via Michael Baldwin.  It would be poor Adrian's second go-round for libel, and would really be bad for him!

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  • Yes, Sabrina would probably have a cause of action for libel. Even if the article was ''based'' on facts, the conclusions drawn from those facts could still be actionable. From the excerpts read on the show thus far, there seems to be a lot of opinion stated as fact. A real journalist (i.e., not Jack) knows better than that. ~i&b
  • I've been thinking the same thing, i&b! What an idiot Jack was not to run the article past a lawyer first, knowing how very litigious ('I will crush you!') Victor is. I keep thinking, well now they're going to lose the business in court fees from a libel suit! --Mira
  • The article is on the Restless Style website... come inside....
  • I hope that Adrian is able to get Victor to realize that he wasn't intentionnally involved in this. I feel quite sorry for him. His publishing/writing career is rapidly going down the toilet thanks to Brad, Colleen, & Jack. eom/faysie

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    Posted by: teajak
    Date posted: Fri Jul 18 10:58:13 2008
    Message:
    Why do you think Jack was so anxious for Adrian to leave the country before the magazine came out and he would see the changes?

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    Posted by: Duffy
    Date posted: Fri Jul 18 9:59:44 2008
    Message:
    The writers are not known for STRICTLY sticking to what is actually legal and not.  If they want to treat us to another long, drawn out lawsuit, then they will decide it is illegal.  I, for one, have seen enough of Genoa City court rooms!

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    Posted by: ingyandbert
    Date posted: Fri Jul 18 9:35:11 2008
    Message:
    That's a bit of a grey area.  The article carried Adrian's by-line but legally it's considered a ''work made for hire'' because Cowbell wrote it as an employee or contractor of RS.  So legally, the rights to the article belong to RS and not Adrian.  But clearly, Cowbell should have been consulted before such extensive changes were made since Jack's revisions changed the entire tone of the article.

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  • If I remember well, all work done for hire, either on contract or as a full-fledged employee, belongs to the company. The company has every right to do whatever they please with it and it remains the property of the company even after the employee has left. Otherwise, the actual or former employee could go to another company and offer to sell them the same piece of work too. Usually, authors sign a contract with their employer stating that all the work done when they are working for the company is the property of the company. - Marilou

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