Legal Question in Intellectual Property in California

Copyright, spec work and breach of contract

I produced a series of illustrations

for a company. I was to receive

royalties as soon as the work was

printed and sold.

I began work assuming I would

retain the copyright. I completed all

the illustrations in a timely fashion

and to their complete satisfaction.

Although I had requested a written

contract earlier, it wasn't until the

illustrations were done, that the

owners of this company claimed that

if I didn't sign over the copyright to

the work, I would most certainly be

faced with a lawsuit, as I would hold

up the production of the stationery.

They claimed the work was for hire -

although I hadn't been paid, and

work for hire was never discussed -

I wouldn't have been interested.

In the contract that I eventually felt

forced to sign, I stipulated that I

would receive accountings of sales

of the printed item, copies of the

printed pieces for self promotion,

and of course, royalties. None of

this has happened.

The company copyrighted the

materials, but given they've not met

the terms of the contract, can I get

back the copyright? I'm concerned

they will sell off the item to another

company without my knowledge,

and I won't have any recourse.

1 Answer from Attorneys

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