Legal Question in Intellectual Property in California
About 7 years ago a friend commissioned me to do some illustrations for a book he was writing, on the basis that he would own the copyright for the finished work. I was reluctant but I agreed, otherwise it was no deal, and I expect a future business relationship with him. We had no formal contract, but on the check he issued it said "for copyright, " more or less. I've since discovered that this would make it a work-for-hire situation and place him in violation of CA Labor Code 3351.5 (c) (we are in CA) Now he wants to use the same work for a different project without paying me further royalties, on the basis that he owns the copyright. Does a statement on a check constitute a legal contract in this case, and is any contract assigning him the copyright valid, since it would apparently put him in violation of Labor Code 3351.5 (c)?
2 Answers from Attorneys
I have significant doubt that Labor Code 3351.5(c) applies to this contract, since 3351.5(c) requires a specific written agreement signed by both parties, and a check signed on one side by the maker and endorsed on the other by the depositor is probably going to be insufficient to meet the requirement of the code.
Not to speak of the complete lack of important details, such as ownership or license, exclusive or nonexclusive, limitations of use in terms of media, territory, etc....
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