Beware trade media bearing your byline; the work you see may not be your own.

This is a universal caution Kimball Hughes Public Relations provides to all organizational leaders, business executives and subject matter experts who create and submit articles to trade media for publication. While the resulting published article may represent hours of research and thoughtful wordsmithing on behalf of these individuals, in most cases, that intellectual property—at least in part—belongs to the publishing outlet regardless of who is credited as the author. Why? Because of copyright laws.

Let Me Explain

It’s important to note I’m not a lawyer, although I have represented hundreds or more of them as a public relations practitioner. Therefore, nothing here should be considered legal advice. (This is the disclaimer that also keeps the lawyers happy.)

I was, however, a trade magazine editor for several years. And back then, when writers (many of them lawyers, by the way) would contribute articles for publication, whether compensated or not, the magazines I ran would assume First North American Serial Rights. This is just one sector of the more than 700 sections of Title 17 of the U.S. Code encompassing U.S. copyright law. Under First North American Serial Rights, a common right asserted by third-party publishers, our publications maintained the one-time right to publish a work first in the U.S. Our agreements, although this isn’t necessarily standard, also required the author to note in second and subsequent publications of the same content (sometimes on their own website or blog) that the article was first published in our magazines.

This is just one example of the intricacies of U.S. copyright law.

Why Is This Important?

According to the October 2025 findings from McKinsey, 50% of consumers are using AI-powered search already, and numerous sources note AI search will overtake traditional online search by 2028. Those AI searches are driven by third-party content.

This means trade outlet articles, Tier One media content and well-optimized podcasts and streaming platforms will form the basis of how business and non-profit leaders and subject matter experts show up. In many cases, organizations will put an increased emphasis on earned media placements and contributed content going forward. And when organization leaders have contributed articles published that highlight their deep understanding of industry trends or certain sectors of the economy, those same leaders and those who employ them are going to want to share those articles. This is where copyright law becomes important.

Those third-party publishers of contributed content may obtain, purchase or assert exclusive rights, First North American Serial Rights or full copyright transfer—among other options, where a contributed article is concerned. Republishing these works, without understanding the rights involved, can put the organizations that republish them, and/or their authors, in legal jeopardy. At a minimum, it is possible to so deeply damage a relationship with the third-party publisher that the author, as well as their employer, may be banned from ever again contributing to the outlet at issue.

How To Address Copyright with Trade Outlets

With content continuing to remain king, contributed or otherwise, authors who submit contributed articles or opinion pieces for publication should work closely with their public relations representatives to understand what, if any, copyright matters may be at issue. This is a frequent, and typically ongoing conversation editors and PR pros have when content is submitted for publication.

Additionally, most outlets will provide Writers’ Guidelines that can explain what copyright, if any, may be asserted around published, contributed content. Other outlets provide a writer’s agreement for signature prior to publication that details what rights may be assumed or assigned.

Most importantly, when uncertain, consult an attorney to avoid ambiguity, the potential for damaged relationships with important trade media as well as the possibility of costly litigation. That’s not legal advice; just smart advice.