1. As an agency, can we do that without copy write issues since we paid to have our client included in the supplement?
A: Assuming that the modifications by the publisher were actually "creative" (i.e., not simply statistical tables, or typographical corrections), then I see two different possible interpretations: (a) the publisher is a joint copyright holder with you, and as such, you each have the right to reproduce the work, but you would owe the other party for a joint interest in any profits thereby obtained; (b) the publisher has infringed your copyright by modifying the work without your consent, and therefore you have an action for infringement on the current publication. In this latter case, you could not reprint the article with the publisher's modifications, but you could reprint it as it was originally written.
Note: You may also have an action for breach of contract
against the publisher for publishing a modified version of the article without your consent. This could provide some negotiating leverage re paying for the publisher's unpermitted action, or for obtaining an unlimited license, or assignment of the publisher's modifications for your use.
2. Can we change the article and still claim it was in the publication if we alter the editorial?
A: You can claim that a substantially similar version of the article was published in the publication, but you can't claim that the original was published, because it wasn't. I'm being a bit factitious here, because other than the publisher, who is going to challenge you if you claim that the article was previously published?
Hope this helps.
Please understand that I "justanswer" questions “about” the law. I have no interest in providing you with anything less than a completely satisfying answer. However, if the law does not favor your unique circumstances, then the best that I can do is to explain what the law "is" and what it "is not."
And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!