Legal Question in Business Law in California

Not paid for completed work

I created graphic design and

marketing materials for a new home

developer that is refusing to pay the

whole bill. In some cases, they are

still using the materials. What is the

best course of action to get paid in

full? Also, I know that the materials I

created for them I technically own

under copyright law.


Asked on 5/21/08, 8:41 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Not paid for completed work

1. Register the works with the copyright office (copyright.gov) so you can get statutory damages for infringement.

2. I hope you had a good written contract drafted in advance that provides that they pay your attorney fees and collection costs. If not, you pay your own fees and costs.

3. If $7500 or less, and no attorney fee clause, sue in small claims court. If you had an attorney fee clause, or the amount is significantly more than $7500, hire an attorney. If no attorney fee clause and not much more than $7500, write off the difference and sue in small claims court.

4. Any lawsuit containing a claim for copyright infringement must be filed in federal court.

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Answered on 5/21/08, 8:51 pm


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