Ideas for hire
You are a developmental editor. You suggest a new idea related to a chapter you’re editing for a client. The client immediately publishes the idea in a post on Substack.
Which of the following is correct?
- The client is allowed to use all the ideas you suggest. They’re fully within their rights to use it.
- The client can use the idea provided they give you credit.
- The client can use the idea provided they ask permission first.
- The client can’t use the idea except in the specific context in which you suggested it.
I’ve been developing ideas for people my whole career.
The correct answer is 1.
Who owns a developmental editor’s idea?
When somebody hires me to help them with ideas, anything I come up with belongs to them. They paid for it. It is a “work made for hire,” in the terminology of copyright law.
That’s what my contract with them states, and I stand by it. I charge plenty for my expert help. You pay me, you own what I come up with for you.
The only exception is ideas I (or someone else) had previously created and published. Obviously, you don’t get to own my previous ideas just because I work with you.
You don’t need to give me credit (ask any ghostwriter). You don’t need to ask my permission. You can run with the idea however you see fit.
If you don’t want other people to own your ideas, don’t make ideas for hire.
How do I feel about this?
Great.
This recently happened to me. When I saw the client had published the idea, I was delighted that they thought it was worthwhile.
In this case, the client did give me credit. That was very nice of them. But it wasn’t required.